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

ACTS 



RESOLYES 



PASSED liY THE 



General €m\xt of |p!is$ac|iiscli$, 



IN THE YEAR 



TOGETIIEK WITH 

THE MESSAGES OF THE GOVERNOR, A LIST OF 

THE CIVIL GOVERNMENT, CHANGES 

OF NAMES OF PERSONS, 

ETC., ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMOXWEALTH. 




BOSTON: 

WRIGHT & POTTER, STATE PRINTERS, 
X o . 4 Spring Lane. 

1 8 G 7. 



i^° The General Court of 1867 assembled on Wednesday, the third 
day of January, and was prorogued on Saturday, the first day of June. 

The oaths of office required by the Constitution to be administered to 
the Governor and Lieutenant-Governor elect, were taken and subscribed 
by His Excellency Alexander H. Bullock and His Honor William 
Claflin, on Friday, the fourth day of January, in presence of the two 
Houses assembled in convention. 



ACTS 



9 

GENERAL AI^D SPECIAL 



Ax Act ix kei.ation to banks. Chap. 1. 

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

Section 1. The operation of the fifty-ninth section of the ^^^Pf°X ffii- 
fifty-seventh chapter of the General Statutes, is hereby sus- ure of specie re- 
pended until the first day of February, in the year eighteen notes extended, 
hundred and sixty-eight. 

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

Approved January 25, 1867. 

An Act to amend chapter two hundred and eighty-three (J/k^jj, 2. 
of the acts of the year eighteen hundred and sixty-six, 

concerning THE CARE AND EDUCATION OF NEGLECTED CHILDREN. 

Be it enacted, ^'c, as follows: 

Section 1. Section one of chapter two hundred and By-iaws of towns 

1 . Ill <^oncerning, to be 

eighty-three of the acts of the year eighteen hundred and approvea by jus- 
sixty-six, is hereby so amended, that the approval therein courtf"''*"°'^ 
required to be made by the supreme judicial court or any 
two justices thereof, shall be made by the superior court, or, 
in vacation, by a justice thereof. 

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

Approved January 30, 1867. 
An Act to amend section forty-four of chapter forty-nine QJiap. 3. 

OF THE GENERAL STATUTES, CONCERNING THE PACKING OF "* 
PICKLED FISH. 

Be it enacted, tS'c, as folloivs : 

Section 1. Section forty-four of cliapter forty-nine of the y^^o-c^is "of rift 

timber " rcpGul" 

General Statutes, is hereby amended by striking out the ed. ' 
words, " of rift timber." 

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

Approved January 30, 18G7. 



460 



1867.— CHArxER 4. 



Chap. 4, 



Appropriations 
authorized. 



Ant Act making appropriations for the maintenance of the 
government during thp; present year. 

Be it enacted, §'c., as folloivs : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, unless otherwise ordered, 
for the purposes specified, to meet the current expenses of 
the year ending on the thirty-first day of December, in the 
year eighteen hundred and sixty-seven, to wit: 



Senators, mile- 
age. 

Compensation. 



Representatives, 
mileage. 



Compensation. 



Clerks, Senate 
and House. 



Chaplains. 



Preacher of elec- 
tion sermon. 

Sergeant- at- 

arms. 

G. S. 14, § 50. 

Door-keepers, 
messengers and 



Watchmen and 
firemen. 

G.S.14,§{59, 60. 



Witnesses' fees. 

G.S.15,Acts'60, 

41. 



LEGISLATIVE DEPARTMENT. 

For the mileage of senators, a sum not exceeding four 
hundred dollars, which shall be allowed and paid. 

For the compensation of senators, a sum not exceeding 
twelve thousand three hundred dollars, which shall be 
allowed and paid. 

For the mileage of representatives, a sum not exceeding- 
two thousand three hundred dollars, which shall be allowed 
and paid. 

For the compensation of representatives, a sum not ex- 
ceeding seventy-two thousand three hundred dollars, which 
shall be allowed and paid. 

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

For the salaries of the chaplains of the senate and house 
of representatives, a sum not exceeding four hundred dol- 
lars, which shall be allowed and paid. 

For the compensation of the preacher of the election ser- 
mon, one hundred dollars, which shall bo allowed and paid. 

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, a sum not 
exceeding nine thousand five hundred dollars, which shall 
be allowed and paid. 

For the compensation of such watchmen and firemen as 
may be employed in the state house, a sum not exceeding 
three thousand eight hundred dollars. 

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



EXECUTIVE DEPARTMENT. 

Lieut, governor Yov tlic mileage and compensation of the lieutenant- 

and council. n .i 

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



1867.— CHArTER 4. 461 

For the compensation of the private secretary of the gov- Governor's sec 
crnor, two thonsand dollars. Actsisoo, 29s. 

For the compensation of the messenger of the governor Messenger. 
and council, one thousand two hundred dollars. '^^'"^ 

For the compensation of the assistant-messenger of the Assistant-mes- 
governor and council, three hundred sixty-five dollars. u.s. u, §63. 



7-' a 



SECRETARY S DEPARTMENT. 

For the salary of the secretary of the Commonwealth, two Secretary of 

1 c 1 1 1 1 n Commonwealth. 

thousand five hundred dollars. Acts isee, 298. 

For the salary of the first clerk in the secretary's depart- ^'''•''f'^j'^- „ 

. . ^, •' , , ,, J 1 Acts 18G6, 298. 

ment, two thousand dollars. 

Few- the salary of the second clerk in the secretary's ^T^'^ofl^ono 

I'i 1 iTiTn Acts 18b6, 298. 

department, one thousand seven hundred dollars. 

For the salary of the messenger in the secretary's depart- ^/'^f'^"?f.'"-„„o 

,,•',-., ° •' ■' Acts 1800, 298. 

ment, one thousand dollars. 

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

For such clerical assistance as the secretary may find ^j^'™'*'^®"''^'^* 
necessary for the preparation of the census statistics of the Hes. isgs, 58. 
year eighteen hundred and sixty-five, a sum not exceeding 
two thousand five hundred dollars. 

treasurer's department. 
For the salary of the treasurer and receiver-general, three Treasurer and 

, 1 r; 1 1 1 J n receiver-general. 

thousand five hundred dollars. Acts iseo, 29s. 

For the salary of the first clerk in the treasurer's depart- ac^'i86?'''98 
ment, two thousand dollars. 

For the salary of the first and second assistant-clerks in ^'r?' ^ii^d second 

•z 1 1 /> 1 1 n assistant-clerks. 

the treasurer's department, three thousand four hundred Acts isee, 298. 
dollars. 

For such additional clerical assistance as the treasurer Additional assis- 

r- -I 1 • Tin tance. 

may find necessary, a sum not exceedmg two thousand five g.s. i5, U3. 
hundred dollars. 

TAX COMMISSIONER. 

For the salary of the deputy tax commissioner, two Depiuy tax com 

J I J ' missioner. 

thousand dollars. Acts i866, 298. 

For the salarv of the first clerk of the tax commissioner, ^'':"'i'i'^!;'^-„„Q 

•' ' Acts laOC), 298. 

one thousand five hundred dollars. 

For such additional clerical assistance as the commissioner IcIfisU^m^ 
may find necessary, a sum not exceeding nine thousand 
dollars. 



462 



1867.— Chapter 4. 



Auditor of 
accounts. 

Acts 18G6, '298. 

First clerk. 
Acts 1866, 298. 

Second clerk. 

Acts 1866, 298. 

Assistant-clerks. 
G. S. 15, § 2. 



auditor's department. 

For the salary of the auditor of accounts, two tliousand 
five hundred dollars. 

For the salary of the first clerk in the auditor's depart- 
ment, two thousand dollars. 

For the salary of the second clerk in the auditor's depart- 
ment, one thousand seven hundred dollars. 

For such additional clerical assistance as the auditor may 
find necessary, a sum not exceeding four thousand four 
hundred dollars. 



Attorney-gen- 
eral. 
Acts 1866, 298. 

Clerk. 
G.S. 14, 16. 



attorney-general's department. 

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

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



Commissioner 
savings banks. 
Acts 1866, 192. 

Insurance com- 
missioner. 
Acts 1866, 255. 

Clerk. 

Acts 1866, 255. 

Assistant-clerks 
for 1866 and to 
April 1, 1867. 



Constable of 
Commonwealth. 
Acts 1865, 282. 



COMMISSIONERS, ET AL. 

For the salary of the commissioner of savings banks, 
three thousand dollars. 

For the salary of the insurance commissioner, two thou- 
sand dollars. 

For the salary of the clerk of the insurance commissioner, 
one thousand dollars. 

For such additional clerical assistance as the insurance 
commissioner may find necessary, a sum not exceeding one 
thousand dollars to the first of April of the present year ; 
and for the year eighteen hundred and sixty-six, a sum not 
exceeding five hundred and thirteen dollars and sixteen 
cents, which shall be allowed and paid. 

For the salary of the constable of tiie Commonwealth, two 
thousand five hundred dollars. 



AGRICULTURAL DEPARTMENT. 

Secretary board For tlic salaiw of tlic sccrctary of the board of agriciil- 

agriculture. , , u i t ^^ 

G.S. 16, §4. ture, two tliousand dollars. 

Clerks. For tlic Salaries of the clerks to the secretary of the board 

of ajrriculture, two thousand dollars. 



Acts 1865, 243. 



BOARD OF STATE CHARITIES. 

Secretary board For the Salary of the secretary of the board of state char- 
let" i863, 240. ities, two thousand dollars. 

Clerks. For such clerical assistance as the secretary of the board 

Acts 1863, 240. q^ gj-r^^Q cliaritles may find necessary, a sum not exceeding 
four thousand five hundred dollars. 



1867.--CHArTER 4. 463 

For the salary of the ap;ent of the lioard of state charities, Asent board 

■^ , t^ ' chanties. 

three thousand dollars. Acts isee, 298. 

For such clerical and other assistance as the agent of the cierks and 
board of state charities may find necessary, a sum not rctsis63,'2io. 
exceeding eighteen thousand dollars. 

EDUCATIONAL DEPARTMENT. 

For the salary and expenses of the secretary of the board f^^^^^^^'^'l^^ ^°''''*^ 
of education, two thousand nine hundred dollars, to be paid Acts i865, 246. 
from the income of the Massachusetts school fund. 

For the salary of the assistant-librarian and clerk of the p'^r^k^^'V "^sis- 

•" taut librarian. 

board of education, two thousand dollars. Acts ibqg, 298. 

For such additional clerical assistance in the state library ciencai assist- 

•^ ance m library. 

as may be found necessary, a sum not exceeding one thou- g. s. 5, ^5; Kes. 

T ■^ T T ^ T ^1 ■^ ^ ^ 1861, 33; 1866, 

sand one hundred dollars. 23. 

MILITARY DEPARTMENTS. 

For the salary of the adjutant-general, two thousand five Mmtant-gen- 
hundred dollars. Acts 1866, 293. 

For the salary of the first clerk of the adjutant-general, First cierk. 

,, 1 T ,, o ■> Acts 1866, 298. 

two tiiousand dollars. 

For such additional clerical assistance as the adjutant- Assistant-cierks. 

, ^1 . T n L Acts 1866, 298, 

general may rind necessary, a sum not exceeding lourteen 299. 
thousand eight hundred dollars. 

For the salarv of the surgeon-general, a sum not exceed- surgeon-generai. 

•" o o 7 Acts 186t> 298 

ing two thousand five hundred dollars. 299. 

For such clerical assistance as the surgeon-general may cierks and mes- 
find necessary, a sura not exceeding four thousand three Ac"f"i86fi, 29s, 
hundred dollars ; and for the compensation of a messenger, ^^^• 
a sum not exceeding eight hundred dollars. 

For the salary of the paymaster, a sum not exceeding one raymastpr. 
thousand eight hundred dollars. i8^j(3, 298,^9.°*' 

For such clerical assistance as the paymaster may find •^'"'^•^o^o 9.4. 
necessary, one thousand one hundred dollars. 1860,298,299. ' 

For contingent expenses of the executive department, to Executive de- 

11 ij.1'1 • Til J.1 partment, cleri- 

mclude such extra clerical service and other expenses as the cai service and 
governor may deem necessary, a sum not exceeding five ^''P'"^^^*- 
thousand dollars, Avhich shall be allowed and paid. 

For contingent fund of the governor and council, for mil- Governor and 
itary purj^oses, a sum not exceeding eight thousand dollars, contuigeut! "'*'^^' 
which shall be allowed and paid. 

For any expenses which may be incurred under authority Agency out of 
of the governor and approved by him, in the maintenance souifers"" cJms 
of such agency out of the Commonwealth as he may find aSaiori°ed"by 
needful, for the adjustment and collection of bounties and governor. 



464 1867.— Chapters 5, 6. 

claims due Massachusetts soldiers, and for necessary and 
proper disbursements in their behalf, a sum not exceeding 
eight thousand dollars, which shall be allowed and paid. 
Transportation YoY tlic transportation of state paupers, to be expended 

of paupers from •11 -\ n ^ • • 

hospitals and by thc agcut 01 the board ot state chanties, a sum not 
almshouses. excccding nine thousand dollars : provided, thc same shall 

be expended only in the transportation of state paupers from 
Report of expense h^q scvcral liospitals aud almshouses ; and a detailed report 

of such expenditures sliall be rendered to the auditor of thc 

Commonwealth on the first day of every month ; also, for 
Removal of cer- thc rcmoval of pcrsous becoming a public charge, not 
sons. authorized to be removed by existing laws, a sum not 

exceeding one thousand dollars. 

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

Approved January 30, 1867. 



Chai). 5. 



Ax Act concerning the marine society at newburyport. 
Be enacted, §"c., as folloics : 

May^hoid^sioo,- Section 1. The Marine Society at Newburyport is hereby 
authorized to hold real and personal estate to an amount not 
exceeding one hundred thousand dollars, 

Limiuuonof Act SECTION 2. So much of tlic act incorporatino- said society, 

of 1( i I rtpciilsd. ■*■ *^ 

being chapter eight of the acts of the year seventeen hundred 
and seventy-seven, as authorized said society to hold real and 
personal estate, the rents and interest of which shall not 
exceed eight hundred pounds per annum, is hereby repealed. 

Approved Fehruanj 1, 1867. 

Chan. 6. ^^ ■^^'^ ^^' relation to the SALEM AND SOUTH DANVERS RAIL- 
^ ' * ROAD COMPANY. 

Be il enacted, S;c., as follows : 

^'T^ ^*^i'c«r'^" Section 1. The time allowed to tlie Salem and South 

Act of 1864, ex- -rw -i i /-i p t • 

tended to May 1, Danvers Kauroad Company lor extending its railway into 
the towns of Marblehead, Swampscott, Danvcrs and Lynn, 
and for the further laying of its tracks in Salem and South 
Danvers, under the provisions of chapter two hundred and 
eighty-four of the acts of the year eighteen hundred and 
sixty-four, and for exercising all other powers granted by 
said act, the exercise whereof is limited by said act, is hereby 
extended to the first day of May, in the year eighteen hun- 
dred and sixty-nine. 

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

Approved Februarij 1, 1867. 



1867.— Chapters 7, 8, 9. 465 

Ax Act to continue in force an act to incorporate the QJi^^) 7 

MUTUAL FIRE ASSURANCE COMPANY OF SPRINGFIELD AND THE -' * 

VICINITY, AND FOR OTHER PURPOSES. 

Be it enacted, Sfc, as follows: 

Section 1. The act of the year one thousand eight huii- A<^* incorporat- 

•^ , • 1 -I '"S anJ Acts m 

dred and twenty-seven, chapter eighty-three, entitled " an addition contin- 
act to incorporate the Mutual Fire Assurance Company of Feb.'^isCT^with- 
Springfield and the vicinity," and all acts in amendment o;;'^"""'-'''"^ °f 
thereof, or in addition thereto, shall be continued and remain 
in force from and after the twenty-third .day of February, in 
the year one thousand eight hundred and sixty-seven ; and 
said company shall continue to have and enjoy all the pow- 
ers 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 com- 
pany, and the several acts in amendment thereof or in addi- 
tion thereto, had contained no limitation of time. 

Section 2. Said corporation shall hereafter be known as corporate name 

, - i ^^ f> n • /-• 1 1 changed. 

the Mutual Fire Assurance Company oi Sprmgrieid. 
Section 3. This act shall take effect upon its passage. 

Approved Februari/ 1, 1867. 
An Act to authorize the prescott fire and marine insur- QJi^r) g^ 

ANCE COMPANY TO INCREASE ITS CAPITAL STOCK. * * 

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

The Prescott Fire and Marine Insurance Company is ^go^ooo amhor 
hereby authorized to increase its capital stock to a sum not ized.' 
exceeding three hundred thousand dollars ; to be divided conditions. 
into shares of one hundred dollars each, 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. Approved Februanj 6, 1867. 

An Act to incorporate the tremont insurance company. Chan 9 

Be it enacted, §'c., as follows: 

Section 1, Henry Upham, Ignatius Sargent, James S. corporators. 
Amory, their associates and successors, are hereby made a 
corporation in the city of Boston, by the name of the Trem- Title, 
out Insurance Company, for the purpose of making insur- Purpose, 
ance against losses by fire ; with all the powers and privileges. Privileges and 
and subject to all the duties, restrictions and liabilities set '^*'*'^™''°°^- 
forth in all general laws which now are or hereafter may be 
in force relating to such corporations. 

Section 2. Said corporation shall have a capital stock of ^ap^^^i and 
two hundred thousand dollars, divided into shares of one 
hundred dollars each, and shall have liberty to increase the 



466 1867.— Chapters 10, 11, 12. 

said capital stock to five hundred thousand dollars, provided 
the same is paid in within three years from the passage of 
this act. 
Conditions. SECTION 3. Said corporatiou may commence business 

when two hundred thousand dollars shall have been subscribed 
and paid in, in cash. 

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

Approved February 6, 1S67. 

Cha7) 10 "^^ '^^^ CONCKRNING THE SOMERVILLE HORSE RAILROAD COMPANY. 

Be it enacted, ^'c, as follows: 

May straighten Thc Somcrvillo Horsc Railroad Company is hereby author- 
track m Somer- . , -, , , , • i , •, •/ , i • •iij--n 

Tiue. ized and empowered to straighten its railway track in Milk 

Street, in the town of Somerville, at and near the crossing of 
the Fitchburg Railroad, so as to pass over the tracks of the 
said Fitchburg Railroad in a line with said Milk Street. 

Approved February 6, 1867. 

Chan 1 1 ^^ "^^^ ^^ AUTHORIZE THE BOSTON AND HINGIIAM STEAM-BOAT 
-t ' ■ COMPANY TO BUILD A WHARF IN HULL. 

Be it enacted, ^"c, as follows : 
May extend to SECTION 1. The Bostou aud Hiugliam Steam-boat Com- 
pter at "oTtilie' pa.ny is hereby authorized to build and maintain a wharf in 
the westerly part of the town of Hull, adjacent to land leased 
of John G. Loring, and to extend the same four hundred 
and eighty feet, or not beyond a depth of nine feet of water 
at low tide, with a right to lay vessels at the end and sides 
of said wharf, and to receive wharfage and dockage therefor : 
lUrhoT comm\s- provided, however, that said wharf shall bo built under the 

sioners to direct. •■,. . • r xi i i • • n i , -p 

direction oi the harbor commissioners ; and that it a commis- 
sioners' line shall be hereafter established by law in the har- 
bor of Hull, no part of said wharf shall be maintained beyond 
said line, but shall be reduced within the same at the expense 
of the proprietors thereof, and with no claim upon the Com- 
monwealth for loss or damage sustained thereby ; and pro- 
vested rights to vided, ciho, that this license shall in no wise affect the legal 

be unaffected. „:„i i.„ p 

rigiits 01 any persons. 

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

Approved February 6, 18(57. 

ChaV. 12- ^^ Act IN FURTHER ADDITION TO " An AcT TO INCORPORATE THE 
^ ' " PROPRIETORS OF THE CATHOLIC CEMETERY IN DORCHESTER." 

Be it enacted, §'c., as folloxcs : 

'state*'"'"'''"' Section 1. The Catholic Cemetery Association in Dor- 
chester is hereby authorized to hold real and personal estate, 
necessary and convenient for the purposes mentioned in said 
act of incorporation, passed on the twenty-fourth day of May, 



1867.— Chapter 13. 467 

ill tlie year eighteen hvindred and fifty-one, of the value of 
twenty thousand dollars in addition to the amount which 
said corporation is now entitled to hold. 

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

Approved February 6, 18G7. 

An Act in addition to an act making appropriations for QJkiy) ]^3, 
the maintenance of the government during the present ^ 

YEAR. 

Be it enacted, ^'c, as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriations 

11 authorized. 

priated, to be paid out of the treasury of the Commonwealth, 
from the ordinary revenue, for the purposes specified, to 
meet expenses for the year ending on the thirty-first day of 
December, in the year eighteen hundred and sixty-seven, to 
wit : 

SUPREME JUDICIAL COURT. 

For the salary of the clerk of the supreme judicial court cierks.j. court. 



for the Commonwealth, three thousand dollars 

For the salary of the assistant-clerk of said court, one Aas^stan^cierk. 
thousand five hundred dollars. 

For the salary of the reporter of the decisions of the Reporter of de- 

supreme judicial court, three hundred dollars. g!s. 121. 

For expenses of said court, a sum not exceeding one Expenses of 

thousand five hundred dollars. g'."s.S21. 

SUPERIOR COURT. 

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

"^ 11111 superior court. 

three thousand seven hundred dollars. g.s. lu. 

For the salaries of nine associate justices of said court, Associate 

thirty-one thousand five hundred dollars. g.s. 114. 

COURTS OP PROBATE AND INSOLVENCY, 

For the salarv of the iudo-e of probate and insolvencv for Judges probate 

r> rT -^ 11 1 1 1111 ^"'-' insolveucv: 

the county or Surtolk, three thousand dollars. suffoi<. 

For the salary of the judge of probate and insolvency for Middiesei. 
the county of Middlesex, two tlionsand dollars. '^■^ ^^'"^■ 

For the salary of the iud<>;e of probate and insolvencv for "'^''''J'^A?- .r,-> 

t' *.' o i J Acts 1S04 293. 

the county of Worcester, two thousand dollars. 

For the salary of the judge of probate and insolvency for F->!=ex ^ 
• the county of Essex, one thousand eight hundred dollars. *^ " ■" '" ' 

For' the salary of the judge of prol)ate and insolvency for ^°g*'°l'\9 
the county of Norfolk, one thousand four hundred dollars. 

For the salary of the judge of probate and insolvency for Bristol 

. Acts 1864 293 

the county of Bristol, one thousand two hundred dollars. 



468 



1867.— Chapter 13. 



Plymouth. 
G.S. 119. 

Berkshire. 

Acts 1864, 298. 

riampiien. 

Acts 186-1, 298. 

Hampshire. 
Acts 1864, 298. 

Franklin. 

Acts 1864, 298. 

Barnstable. 
G. S. 119. 

Nantucket. 
Acts 1864, 298. 

Dukes. 

Acts 1864, 298. 

Kegisters : 
Suffolk. 
G.S. 119. 

Assistant. 
G. S.119. 



Jliddlesex. 

Acts 1864, 298. 



Assistant. 
G. S. 119. 



Worcester. 

Acts 1864, 298. 



Assistant. 
G. S. 119. 



Essex. 

Acts 1864, 298. 

As.sistant. 

Acts 1864, 298. 

Norfolk. 

Acts 1864, 298. 

Assistant. 

Acts 1864, 298. 

Bristol. 
G. S. 119. 



Plymouth. 
G. S. 119. 



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

For the salary of the judge of probate and insolvency for 
the county of Berkshire, nine hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Hampden, one thousand dollars. 

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

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

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

For the salary of the judge of probate and insolvency for 
the county of Nantucket, four hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Dukes county, four hundred dollars. 

For tlie salary of tlie register of probate and insolvency 
for the county of Suffolk, three thousand dollars. 

For the salary of the assistant-register of probate and 
insolvency for the county of Suffolk, one thousand five hun- 
dred dollars. 

For the salary of the register of probate and insolvency 
for the county of Middlesex, one thousand eight hundred 
dollars. 

For the salary of the assistant-register of probate and 
insolvency for the county of Middlesex, one thousand 
dollars. 

For the salary of the register of probate and insolvency 
for the county of Worcester, one thousand seven hundred 
dollars. 

For the salary of the assistant-register of probate and 
insolvency for the county of Worcester, one thousand 
dollars. 

For the salary of the register of probate and insolvency 
for the county of Essex, one thousand seven hundred dollars. 

For the salary of the assistant-register of probate and 
insolvency for the county of Essex, one thousand dollars. 

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

For tlie salary of the assistant-register of probate and 
insolvency for the county of Norfolk, eight hundred dollars. 

For the salary of the, register of probate and insolvency 
for the county of Bristol, one thousand three hundred 
dollars. 

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



1867.— Chapter 13. 469 

For the salary of tliG register of probate and insolvency ^''^'^ggi'ogg 
for the county of Hampden, one thousand dollars. ' 

For the salary of the register of probate and insolvency Berkshire. 

/. ,1 X /• r> 1 1 • • 1 1 1 1 11 Acts 1864, 298. 

lor tne county oi Jierkshire, nine hundred dollars. 

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

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

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

For the salary of the register of probate and insolvency Nantucket. 

J o 1 J Acts 1864 298 

for the county of Nantucket, five hundred dollars. 

For the salary of the register of probate and insolvency oukes. 

Acts 1861 *^93 

for the county of Dukes county, five hundred dollars. 

For certain expenses of the courts of insolvency, author- Expenses courts 
ized by the General Statutes, or similar accounts for the rnsorvency!* 
courts of probate and insolvency, a sum not exceeding two 
thousand five hundred dollars. 



G. S. 118. 



DISTRICT-ATTORNEYS. 

For the salary of the attorney for the county of Suffolk, oish-ict-attor- 
three thousand dollars. suWik. 

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

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

For the salary of the attorney for the northern district, Northern. 

G S 14 

one thousand two hundred dollars. 

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

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

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

For the salary of the attorney for the we'stern district, one western, 
tliousand two hundred dollars. 

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

POLICE COURTS. 

For the salary of the justice of the police court in Adams, J°|,t'jees''"'^'^ ' 
eight hundred dollars. Adams.' 

For the salary of the justice of the police court in Cam- Cambridge, 
bridge, one thousand five hundred dollars. g. s. iie. 



470 



1867.— Chapter 13. 



Charlestown. 
Acts 1862, 107. 

Chelspa. 
Acts 1864, 256. 

Chicopee. 
G. S. 116. 

Fall River. 
Acts 1862, 92. 

Gloucester. 
Acts 1864, 127. 

Lawrence. 
G. S. 116. 

Acts 1861, 141. 

Lowell. 
G. S. 116. 



Lynn. 

G. S. 116. 

Milford. 

Acts 1866, 298. 

New Bedford. 
G. S. 116. 

Newburyport. 
G. S. 116. 

Pittsfield. 
G. S. 116. 

Roxburv. 
G. S. 116. 



Salem. 
G. S. 116. 



Springfield. 
G.S. 116. 



Williamstown. 
G. S. 116. 

■Worcester. 
O. S. 116. 

Clerks of police 
courts, certain. 



Cambridge. 
Acts 1866, 298. 

Charlestown. 
Acts lt562, 107. 

Fall River. 
Acts 1862, 92. 



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 tlious-and three hundred dollars. 

For the salary of the justice of the police court in Chic- 
opee, nine hundred dollars. 

For the salary of the justice of the police court in Fall 
River, one thousand two hundred dollars. 

For the salary of the justice of the police court in Glouces- 
ter, eight hundred dollars. 

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

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

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

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

For tlie salary of the justice of tiie police court in Mil- 
ford, one thousand dollars. 

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

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

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

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

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

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

For the salary of the justice of the police court in Williams 
town, tliree hundred dollars. 

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

For tlie salaries of the clerks of police courts, exclusive 
of 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 Cam- 
bridge, eight hundred dollars. 

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

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



1867.— Chapter 14. 471 

For the salary of the clerk of the police court in Law- T-awrence. 
• 1 1 1 1 1 n ^- s- Flo- 

rence, eight huiiured dollars. 

For tlie salary of the clerk of the police court in Lowell, ^°^'''Kq 
one thousand dollars. 

For the salary of the clerk of the police court in Lynn, Lynn, 
six hundred dollars. _ _ Acts isee, m 

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 New- Newburyport. 
buryport, five hundred dollars. ^' ^' ^^^' 

For the salary of the clerk of the police court in Rox- Roxbury. 
bury, five hundred dollars. Q.s. ii6. 

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

For the salary of the clerk of the police court in Worces- Worcester. 

, • 1 1 J 1 n Acts 1864, 281. 

ter, nine hundred dollars. 

MUNICIPAL COURTS. 

For the salaries of the justices of the municipal court in Municipal courts 
Boston, nine thousand dollars. ActsTsee, 279. 

For the salary of the clerk of the municipal court in Bos- cierk;^ criminal 
ton, for criminal business, two thousand five hundred Acts 1866, 279. 
dollars. 

For the salary of the clerk of the municipal court in Bos- cierk; civubnsi- 
ton, for civil business, two thousand dollars. AcWisee, 279. 

For the salaries of tlie three assistant-clerks of the muni- g'''s%'6'-'**ac\'s 
cipal court in Boston, three thousand four hundred dollars, i^eo, loo;' isse, 

For the salary of the justice of the municipal court in Taunton. 
Taunton, one thousand dollars. Acts' i864, 209. 

For the salary of the clerk of the municipal court in cierk. 

m , • 1 1 1 1 11 Acts 1S64, 209. 

iaunton, six hundred dollars. 
Section 2. This act shall take effect upon its passage. 

Approved February, 6, 1867. 



An Act to extend the time for the completion of the QJi^jj \^ 

HANOVER BRANCH RAILROAD. ^' 

Be it enacted, Si'c, as follows : 

Section 1. The time allowed to the "Hanover Branch Kxten,=ionte first 
Railroad Company," under the provisions of chapter one hun- ^^' 
dred and fifty-five of the acts of the year eighteen hundred 
and sixty-four, for the completion of said railroad, is hereby 
extended to the first day of May in the year eighteen hun- 
dred and sixty-nine. 

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

Approved February 8, 1867. 



472 



1867.— Chapter 15. 



Chap. 15. 



Corporators. 



Privileges and re- 
strictions. 



May have ships 
and navigate or 
charter same. 



Capital. 



Shares. 



May assess not 
exceeding par 
value. 



Issue of stock 
and condition of 
working. 



Real estate. 



Conditions of va- 
lidity of Act. 



An Act to ixcorporate the boston and savannah steam-siiip 

COMPANY. 

Be it enacted, Sfc, as follows: 

Section 1. B. Ilcber Richardson, Luther Upton, 
Theodore C. Otis, their associates and successors, are hereby 
made a corporation, by the name of the Boston and Savannah 
Steam-ship Company ; with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions set forth 
in all general laws, which now are or may hereafter be in 
force and applicable to such corporations. 

Section 2. Said corporation is hereby authorized and 
empowered to build, purchase, charter, hold and convey one 
or more steam-ships or steam-propellers, and to navigate the 
ocean therewith, and employ the same in transporting freight 
and passengers between the city of Boston and Savannah, 
Georgia. And said company may let, by charter, one or 
more of their steam-ships, or propellers, to any person or 
persons : provided, such charter does not prevent said com- 
pany from complying Avith the terms of this act. 

Section 3. The capital stock of said corporation shall be 
one hundred thousand dollars, with liberty to pay in and 
increase the same, by adding thereto from time to time, an 
amount not exceeding four hundred thousand dollars, divided 
into shares of the par value of one hundred dollars each. 
Said corporation shall have power to assess, from time to 
time, upon said shares, such sums as may be deemed neces- 
sary to accomplish its object, not exceeding the par value of 
said shares. No certificates of stock shall be issued until the 
par value thereof shall have been actually paid in ; and no 
steam-ship or propeller shall be run until at least fifty thou- 
sand dollars of its capital shall have been subscribed and 
paid in. 

Section 4. Said corporation may hold real estate to an 
amount not exceeding fifty thousand dollars. 

Section 5. If said corporation shall not within one year 
from the passage hereof, have been organized, and have col- 
lected by assessments an amount equal to fifty thousand 
dollars of its capital stock, subscribed, and shall not within 
two years from the passage of this act, have one or more 
steam-ships or propellers employed between said city of Bos- 
ton and said port, or if said corporation shall thereafter fail 
for the period of one year so to employ one or more steam- 
ships or propellers in said business, then this act shall be 
null and void. Approved Felruary 9, 1867. 



1867.— Chapter 16. 473 

Aisr Act ix further addition to an act making appropria- QJi^fYf \(^ 

TIONS KOR THE MAINTENANCE OF THE GOVERNMENT DURING THE -^ ' 

PRESENT YEAR, 

Be it enacted, Sfc, as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated, to be paid out of the treasury of the Common- ' 
wealth, from the ordinary revenue, unless otherwise ordered, 
for the purposes specified, to meet the current expenses of 
the year ending on the thirty-first day of December, in the 
year eighteen hundred and sixty-seven, to wit: 

LEGISLATURE. 

For printing and binding, ordered by the senate or house ^."°''"= ^°'^ 
of representatives, or by the concurrent order of the two andhouse.^ 
branches, a sum not exceeding twenty-five thousand dollars. ^'^^•^^^^' '"*■ 

For stationery for the senate, purchased by the clerk of stationery, sen- 
the senate, a sum not exceeding one thousand dollars: pro- Res. isse, 74. 
I'ided, that no part of said sum shall be expended for Proviso. 
cutlery. 

For printing blanks and circulars, and the calendar of Printing, senate. 
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 ^o'Jj^gp""^' 
by the clerk of the house of representatives, a sum not Kes. I'soe, 74. 
exceeding two thousand four hundred dollars : jjrovided, Pro^'^o- 
that no part of said sum shall 1)e expended for cutlery. 

For printing blanks and circulars, and the calendar of ^es°i8f6 74"^''' 
orders of the day, for the use of the house of representatives, 
a sum not exceeding eight hundred dollars. 

For books, stationery, printing and advertising, ordered by sundries for leg- 
the sergeant-at-arms for the legislature, a sum not exceeding geant-at-arms. 
six hundred dollars : provided, that no part of said sum ProTi'^o. 
shall be expended for cutlery. g.s. 14. 

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

For clerical assistance to committees authorized to employ ciencai ass).st- 
the same, a sum not exceeding six hundred dollars ; and '^"^^^ ^° commit- 
the auditor is hereby authorized to audit bills for such'^*-^-^^ 
assistance, the same having been approved by the chairman 
of such committees, or other members authorized by the 
committees to certify such accounts. 

EXECUTIVE DEPARTMENT. 

For postage, printing and stationery, for the governor and Postage pnnt- 

•1 fe ' 1" S • 1- 1 111 11 '"g' stationery; 

council, a sum not exceeding eiglit hundred dollars : pro- governor and 
vided, that no part of said sum shall be expended for cutlery. Res"i856, 74^'^° 



474 



1867.— Chapter 16. 



Contlugent 
penses. 
G. S. 14. 



For the contingent expenses of the governor and council, 
a sum not exceeding: one thousand dollars. 



Fuel and lights 
for state house. 
G. S. U. 

Furniture, re- 
pairs, etc. 
G. S. 14. 

Contiugeut of 
senate and 
hous;e, and for 
Capitol. 
G. S. 14. 
Proviso. 



STATE HOUSE, 

For fuel and lights for the state house, a sum not exceeding 
four thousand dollars. 

For repairs, improvements and furniture of the state 
house, a sum not exceeding three thousand dollars. 

For contingent expensQS of the senate and house of rep- 
resentatives, and necessary expenses in and about the state 
house, a sum not exceeding two thousand dollars: provided, 
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 which an 
appropriation is otherwise made in this act, or in any act 
which may be subsequently passed. 



General laws, 
printing. 
G. S. 3; Acts 
1866, 65. 



Blue book edition 
of Acts and Re- 
solve.s. printing. 
G. S. 3. 



(filial newspa- 
per publication. 
Acts 1865, 193. 



Elaalis for town 
records of births, 
marriages and 
deaths. 
G.S.21. 
Public docu- 
ments, printing 
and binding. 
G. S. 4. 



S. .7 Court re- 
ports. 
Acts 1S59, 290. 

Bank returns, 
publishing. 
G. S.57. 

Assessors' books. 
Acta 1861, 167. 



Census, prioting 
absttact. 
Kes. 1865, 58. 



STATE PRINTING. 

For printing such number, not exceeding thirty-five thou- 
sand, of the pamplilet edition of the general acts and 
resolves of the present year, for distribution in the Com- 
monwealth, a sum not exceeding six thousand dollars. 

For printing and binding three thousand 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 five thousand five hundred 
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 Ijirths, 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- 
seven, under the direction of the secretary of the Common- 
Avealth, and for binding the copies to be distributed to the 
towns and cities, a sura not exceeding thirty thousand dollars. 

For term reports, a sum not exceeding six thousand 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 publication of the census abstract, in accordance 
with the provisions of chapter fifty-eight of the resolves of 



1867.— Chapter 16. 475 

the year eighteen hundred and sixty-five, a sum not exceed- 
ing six thousand dollars. 

For printing and binding the annual railroad reports, a Railroad reports, 
sum not exceeding two thousand five hundred dollars. bi"d^'!'|. '^"'^ 

For engraving and printing state scrip, a sum not exceed- f^*^ j^P' ^^°; 
ing one thousand dollars, which shall be allowed and paid. ^t-"e ^cnp, pre- 

'■ paring. 

INCIDENTAL EXPENSES. 

For incidental expenses of the secretary's ofifice, a sum secretary, inci- 
not exceeding four thousand dollars. g!"s!'i4. 

For incidental expenses of the treasurer's office, a sum Treasurer, inci- 
not exceeding one thousand two hundred and fift}'- dollars. a"s!'n, 15. 

For the expenses of the tax commissioner, a sum not Tax commission- 
exceeding one thousand eight hundred dollars. Actr'i8«47 208 ; 

For incidental expenses of the auditor's office, a sum not 1^%^^^-. . 

i Auditor, inci- 

exceednig lour luuidred dollars. dentals. 

For the pui'chase of books for the library in the office of Attomey-gener- 
the attorney-general, a sum not exceeding two hundred office^nbl-ary°'^ 
dollars, which shall be allowed and paid. 

For fees, costs and court expenses of tlie attorney-general, Fees, costs, court 

Tf...T,i 1 i'i f 1I en f expenses and iu- 

and lor nicidentai and contingent expenses of the ofihce of cidentais. 
the attorney-general, a sum not exceeding one thousand one ^-^i*- 
hundred and fifty dollars. 

For tlie incidental expenses of the insurance commissioner, insurance com- 
a sum not exceeding five hundred dollars, and for express dent'a°irand'''ex- 
chargcs and insurance publications, a sum not exceeding pressage. 
one hundred dollars, which sliall be allowed and paid, 

MILITARY. 

For the incidental expenses and express charges of the Adjutant-gener- 
adjutant-gcneral, Ji sum not exceeding three thousand Acts"i866°2i9.' 
dollars. 

For militia bounty, a sum not exceeding one hundred and ^^'''"^^°"°'y- 

, 1 1 11 Acts 1866, 219. 

seventeen tliousand dollars. 

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

dollars. Acts I8B6, 219. 

For the rent of armories, a sum not exceeding twenty-six Armories, rent 
thousand dollars. Acts isee, 219. 

For expenses of the bureau of the surgeon-general, a sum surgeon-generai, 
not exceeding two thousand dollars. Ac^risee, 219. 

For incidental expenses of the bureau of the paymaster, paymaster, inci- 
a sum not exceeding five hundred dollars. 1^181863,254. 

For medical, surgical and hospital supplies, and contingent Military puppiies, 
expenses connected therewith, the same being for the use of an^d uo.lpUai^"'^^ 
the state militia, a sum not exceeding five hundred dollars. Acts 1866, 219. 



476 1867.— Chapter 16. 

Non-resident Foi' tliG payment from the state treasury of aid to Massa- 

Acfs'i866"i72"^' cliusetts voluiiteers resident out of tlie Commonwealth, a 

sum not exceeding thirty thousand dollars. 
Aid to soldiers For oxpeusos attending the administration of the law 
pensesuncferkiw providing stato aid for Massachusetts volunteers and their 
Acts 186G, 172. families, a sum not exceeding one thousand three hundred 

dollars. 
Military books. Thc uncxpendcd balance of the appropriation made in 
ana%99. ' ' cliaptcr two hundred and ninety-nine of the acts of the year 

eighteen hundred and sixty-six for books of instruction and 

for orderly and roll books, is hereby made applicable to the 

same purpose for the present year. 
Aid by towns to Fgr thc re-imburscment of cities and towns for money 

soldiers and fam- f>.T-n- i -i ^ • 

iiies, re-imburse- paid Oil accouiit ot aid to Massachusotts volunteers and their 
AcTs ' 1861, -62, families, a sum not exceeding one million five hundred thou- 
222 It 151 A ^^^^^ dollars ; the same to be payable on the first day of 
itgU", i43,'i72. December, in the year eighteen hundred and sixty-seven. 

AGRICULTURAL. 

Agricultural: FoT bouiitics to agricultural societies, a sum not exceed- 

Bounties, soci- . j, ,,, ,, ,°-, ,, 

ety. iiig niteen thousand dollars. 

Expenses, mem- ^or the pcrsoual expcnscs of members of thc board of 

cT's'^ie'"'''^'^' ^^g'l'iculture, a sum not exceeding one thousand two hundred 

dollars. 
Travel, postage, FoT tlic travelling expenses of the secretary of said board, 

etc., secretarv. ,, '^ '■ •' ' 

Res. 1853, 67". all postagcs aiid necessary expenses, a sum not exceeding 

two hundred and fifty dollars. 
Incidentals, For othcr incidental expenses of said board, a sum not 

G.s. 16. exceedmg one hundred and iiity dollars. 

Printing report. For printing the report of the board of agriculture, a sum 
' ' ' not exceeding ten thousand dollars. 

MISCELLANEOUS. 

commissionere^^^ For tlic compensatioii of the commissioners on public 

nay, assistance laiids, aiid foT sucli clcrical assistaucc as they may find 

expenses, neccssary, a sum not exceeding four thousand dollars ; for 

contingent and incidental expenses of said commissioners, a 
now paid. snm not exceeding five hundred dollars ; said sums to be 

paid from the moiety of the proceeds of sales applicable to 
Residue of cer- improvements. And the residue of said moiety is hereby 

tarn moiety. ^ . -,. -, -, -, • -, -ii 

Res. 1857, 70; appropriated to be applied and used lu accordance with the 

Acts 1860, 200; f . / ^^ 

1864, 313. Statutes. 

Sheriffs, for di.s- To thc shcriffs of the several counties, for distributing 

tributiDg blanks. i x- i i i i i • r. 

G. s. K7. proclamations, blanks, and making returns of votes, a sum 

not exceeding seven hundred dollars. 



1867.— Chapter 17. 477 

For the purcliasG of books for the state library, two thou- Books for state 
sand three hundred dollars, to be expended under the direc- a s'.T 
tion of the trustees and librarian. 

For salary and expenses of the inspector of gasmeters, a inspector gas- 
sum not exceeding three thousand dollars. Actriseities.' 

For the emergency fund, ten thousand dollars, which is Emergency fuua. 
hereby made applicable to, and may be used during the ^^''^ ^^os, 22. 
present political year, for the purposes and under the pro- 
visions 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 union loan sink- 
two hundred and nine, section two, of the acts of the year A^ts mi, 209, 
eighteen hundred and sixty-one, to be invested in accordance * ^' ^8*^2,18,. 
with the provisions of chapter one hundred and eighty-seven 
of the acts of the year eighteen hundred and sixty-two, the 
sum of forty-one thousand nine hundred and fifty dollars. 

To the bounty loan sinking fund, established under chap- Bounty loan 
ter ninety-one of the acts of the year eighteen hundred ActJ ises^gi,''^ 5. 
and sixty-three, to be invested in accordance with the pro- 
visions of section five of said chapter, the sum of twenty 
thousand dollars. 

To the bounty loan sinking fund, established under chap- Acts is64, 313, 
ter three liundred and thirteen of the acts of the year ^ 
eighteen hundred and sixty-four, to be invested in accordance 
w^itli the provisions of section three of said chapter, the sum 
of one hundred and eleven thousand three hundred and 
eighty dollars. 

For tlie Massachusetts institute of teclmology, the balance institute of 
of income of the agricultural fund, amounting to one thou- Acts'TsGlfiss. 
sand- and fifty-seven dollars and ninety-six cents, due said 
institution for the year eighteen hundred and sixty-six ; and 
also one-tliird of said income for the present year. 

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

Approved February 12, 1867. 
Ax Act to authorize the trustees of phillips academy in Q/k^/y)^ 17 

ANDOVER TO HOLD ADDITIONAL PERSONAL ESTATE. ^' 

Be it enacted, §'c., as follows. • 

Section 1. The trustees of Phillips Academy are hereby income of addea 
empowered to receive, purchase and hold, by gift, grant, s2o,ow.°^''^ ^^ 
devise or otherwise, for the further endowment of the theo- 
logical institution, or department, and in furtherance of the 
design of the founders and benefactors of said academy, per- 
sonal estate, the annual income whereof shall not exceed 
twenty thousand dollars, in addition to what they are now 
allowed by law to hold : provided, the income of said estate proviso. 



478 



1867.— Chapters 18, 19, 20. 



Chap. 18. 



Corporator? 



Title and pur- 
pose. 



Privileges anil re- 
strictions. 



Capital stock and 
shares. 

May hold estate. 



Chap. 19. 



Shall be known 
as Barnstable 
Savings Bank. 



Chap. 20, 



Corporators. 



Title. 



Privileges and re 
strictions. • 



shall be alwaj's applied to objects agreeably to tlie Avill of the 
donors. 

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

Approved February 12, 1867. 

Ax Act to ixcorporati'; the salem music hall association. 
Be it enacted^ ^'c, as follows : 

Section 1. James 0. Safford, Charles A. Ropes, Joseph 
H. Leavitt, their associates and successors, are liereby made 
a corporation by the name of the Salem Music Hall Associa- 
tion, for the purpose of erecting a building in Salem and 
maintaining the same for the accommodation and purpose of 
a music hall, lectures and other lawful purposes ; with all 
the powers and privileges and subject to all the restrictions, 
duties and liabilities set forth in all general laws which now 
are or may be in force, so far as applicable to such corpora- 
tions. 

Section 2. Said corporation shall liave a capital stock 
not exceeding one hundred thousand dollars, divided into 
shares of fifty 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 February 12, 1867. 

An Act to change the name of the institution for savings in 
the town of barnstable. 

Be it enacted, §'c., as follows: 

The Institution for Savings in the town of Barnstable, a 
corporation organized under a law passed on the twenty- 
ninth day of January, in the year eighteen hundred and 
thirty-one, shall, from and after the passage of this act, be 
called and known as the Barnstable Savings Bank. 

Approved February 12, 1867. 

An Act to incorporate the athol savings bank. 

Be it enacted, §'c., as follows : 

Section 1. Charles C. Bassett, John C. Hill, John PI. 
Williams, their associates and successors, are herel)y made a 
corporation by the name of the Athol Savings Bank, to be 
established in the town of Athol, at Athol Depot Village ; 
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 February 12, 1867. 



1867.— Chapters 21, 22, 23. 479 

An Act to ixconpoRATE tiik west boston savings bank. Chai) 21 
Be it enacled, ^'c, as follows : 

Section 1. John A. Andrew, Franklin Ilavon and James corporators. 
H. Wilder, their associates and successors, are hereby made 
a corporation by the name of the West Boston Savings Bank, Titie. 
to be established in the city of Boston ; with all the powers 
and privileges, and subject to all the duties, liabilities and lll^^ll^^l^""'^^^' 
restrictions set forth in all general laws, which now are or 
may hereafter be in force, applicable to savings banks and 
institutions of saving. 

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

Approved February 12, 1867. 
An Act to authorize the eliot fire insurance company to Qhn^) OO 

INCREASE ITS CAPITAL STOCK, AND FOR OTHER PURPOSES. ^ ' ^* 

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

Section 1. The Eliot Fire Insurance Company is hereby May increase to 

,, • 1 , . -, -i 1 . 1 , J. X a;400,000 within 

authorized to increase its capital stock to an amount not three years, 
exceeding four hundred thousand dollars, the same 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 is hereby authorized to way change par 
change the par value of its shares from fifty dollars to one ^'^'"^ °f ^''*''«^- 
hundred dollars ; and if said corporation shall so change the 
same, all stock thereafter issued under this act shall be in 
shares of one hundred dollars each. 

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

Approved February 12, 1867. 



Chap. 2;: 



An Act to incorporate the west newton hotel company. 

Be il enacted, ^'c, as follows: 

Section 1. John C. Stanton, John D, Towlc, Chester corporators. 
Judson, their associates and successors, are hereby made a 
corporation by the name of the West Newton Hotel Company, Title and pur- 
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 Privileges and re- 
shall have all the powers and privileges, and be subject to all ^'"°'^'°'^s- 
the duties, restrictions and liabilities set forth in tlie sixty- 
eighth chapter of the General Statutes : provided, however, proviso, 
that 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 capital stock and 
not exceeding one hundred thousand dollars divided into ^^''"^''^' 
shares of one hundred dollars each ; and may hold real and ^^'ate. 



480 1867.— Chapters 24, 25. 

personal estate to the value of one hundred thousand dol- 
lars, for the purposes mentioned in the first section of this 
act. 

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

Approved February 12, 1867. 



Chaj). 24. 



An Act to authorize john pew to extend his wharf in Glou- 
cester. 

Be it enacted, ^'c, as follows: 

May extend SECTION 1. Johu Pcw, proin'ietor of a wharf in Glouces- 

south-easterly to ., , ,i't, i -\ • • -tip 

commissioners' tcr, IS hcrcby authorizcd to extend and manitani said whari 
se'isat"'^ ^'^^^^^" ill ^ south-easterly direction to the commissioners' line, 
established by authority of law in the harbor of Gloucester, 
Avitli the right to lay vessels at the end and sides of said 
wharf, and to receive wharfage and dockage therefor : pro- 
Provisos. vided, Iioivever, that the limit and direction of said extension 

between the end of the present wliarf and the commissioners' 
line shall be determined by and located under the direction 
of tlie 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 February 12, 1867. 



ID. 



An Act making appropriations from the funds and the income 

OF the funds herein mentioned, and for other purposes. 
Be it enacted, ^'c, as follows. ■ 
Appropriations SECTION 1. The sums hereinafter mentioned are appropri- 
ated, to be paid out of the funds and the income of the funds 
mentioned, to wit: 
Rogers book The iucomc of the Rogers book fund sliall be expended in 

Acts i857,°2i5. accordaucc with the conditions named by the donor, in con- 
formity Avith chapter two hundred and fifteen of the acts of 
tlie year eighteen hundred and fifty-seven. 
Todd normal The incomc of the Todd normal school fund shall be paid 

come. ""^ ' '"" to the treasurer of the board of education, to be applied in 
G. s. 36. such manner as shall be prescribed by said board, in accord- 

ance with chapter thirty-six of the General Statutes. 
Indian school Thc lucome of the Indian school fund shall be applied 
g'.°s.'36!''°°^^' according to the provisions of cliapter thirty-six of the 

General Statutes. 
Charles river and SECTION 2. The suiiis montioued in this section are appro- 
Marren bridge p^^jj^^^Q ^q )jq ^.^-^ ^^^^ ^f ^]^g Cliarlcs Rivcr aud Warren 

Bridge fund, for the year eighteen hundred and sixty-seven, 
to wit : 
Charles river Qii accouut of tlic Cliarlcs Rivcr Bridge. 

bridge. o 

Acts 1864, 2.57. 



Chap. 



1867.— Chapter 26. 481 

For repairs on said bridge and buildings belonging thereto, Repairs. 
a sum not exceeding three thousand five hundred dollars. 

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

For gas, oil, fluid and fuel, a sum not exceeding seven ruei and'nghts. 
hundred dollars. 

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

For the compensation of the draw-tender on said bridge, Draw-tender. 

C 7 ^(*(;g 1861 96 

the sum of one thousand two hundred dollars. ' 

On account of Warren Bridge. warren bridge. 

For repairs on said bridge and buildings belonging thereto, Kepairs. ' 
a sum not exceeding three thousand dollars. 

For horse-keeping, a sum not exceeding two hundred dol- iiorse-i^eeping. 
lars. 

For gas, oil, fluid and fuel, a sum not exceeding six hun- Fuel and ligiits. 
dred and fifty dollars. 

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

For the compensation of the draw-tender on said bridge. Draw-tender, 
the sum of one thousand one hundred dollars. '^ ^ ' ' 

Section 3. The sums mentioned in this section are appro- Essex bridge 
priated to be paid out of the moneys arising from the tolls Acts'i8o9, 122.' 
collected on the Essex bridge, for the year eighteen hundred 
and sixty-seven, to wit : 

For the salary of the agent of said bridge, the sum of one Agent's salary. 
hundred dollars. 

For the compensation of the toll-gatherers and draw-tend- Toii-men and 
ers upon said bridge, a sum not exceeding six hundred dollars. 

For the repair and maintenance of said bridge, a sum not Repair and main- 
exceeding two thousand five hundred dollars. 

For oak piles for repair of Essex bridge, a sum not exceed- piiesfor repairs. 
ing six hundred dollars. 

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

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

And all moneys arising from the tolls on said bridoe shall Payment into 

1 • ^ • J _L\ , , , State treasury. 

be paid into the state treasury. 

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

Approved February 14, 1867. 

An Act ix addition to an act incoiiporating amherst college, pi 9/' 

Be it enacted, §'c., as foUoios: 2 • ^ • 

Section 1. The trustees of Amherst College are hereby Trustees may 
authorized to receive and hold in fee simpre, or any less 'i''*'^ '''''^*^- 
i 



482 1867.— Chapters 27, 28. 

estate, by gift, grant, bequest, devise or otherwise, any lands, 

Proviso. tenements or other estate, real or personal : provided^ that 

the net annual income of tlie entire property of said college 

shall not exceed the sum of one hundred thousand dollars. 

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

Approved Februarij 14, 1867. 



27, Ax Act to incohporate the new exglaxd homoeopathic med- 
ical COLLEGE. 



Chap. 

Be it enacted, Sfc, as folloios : 

Corporators. SECTION 1. Dauicl B. Stodmau, Otis Clapp, David 

Thayer, their associates and successors, are hereby incorpo- 
rated by tlie name of the New England Homoeopathic Medi- 

Priviieges and re- cal Collegc ; witli all tlic powers and privileges, and subject 
to all the duties, restrictions and liabilities set forth in the 
sixty-eighth chapter of the General Statutes. 

May hold estate. SECTION 2. Said corporatiou may hold real and personal 
estate to the amount of two hundred thousand dollars. 

Trustees and offi- SECTION 3. The trustocs, together with the regularly con- 

degre^of doctor^ stitutcd officers of the New England Homoeopathic Medical 
College, shall have power to confer the degree of doctor in 
medicine, subject to the restrictions and regulations which 
are adopted and required in conferring the same degree 
by Harvard Collegc and the Berkshire Medical Institution. 

Approved February 11, 18G7. 



Chap. 28. 



Ax Act to continue in force an act incorporating the 
national insurance company, and for other purposes. 

Be it enacted, S^'c, as follows: 
Charter contin- SECTION 1, The act of the ycar one thousand eiglit hun- 
"tauon'of'thi'e"'" clrcd aud twenty-five, entitled " An Act to incorporate the 
^Etna Insurance Company in Boston," and the act of the 
year one thousand eight hundred and thirty-two, entitled 
" An Act to change the name of the ^Etna Insurance Com- 
pany in Boston, and for other purposes," and all acts and 
parts of acts in addition thereto, or in amendment thereof, 
which are now in force, shall be continued and remain in 
force from and after the eighteenth day of February, in the 
year one thousand eight hundred and seventy-two ; and the 
said corporation sliall continue to have and enjoy all the 
powers and privileges, and be subject to all the duties, liabil- 
ities 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, and tlie several acts in amendment thereof, 
or in addition thereto, had contained no limitation of time. 



1867.— Chapters 29, 30, 31. 483 

Section 2. Said corporation is hereby authorized to increase corporation may 
its capital stock to a sum not exceeding one million dollars, 8tod< within 
the same 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 3. Said corporation is hereby authorized to M'^y ciian^e par 
change the par value of its shares from thirty dollars to one 
hundred dollars ; and if said corporation shall so cliange the 
same, all stock thereafter issued under this act shall be in 
shares of one hundred dollars each. 

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

Approved Fehruarg 14, 1867. 

An Act to continue in force an act to incorporate the CIlCl)). 29. 

GLOUCESTER MARINE INSURANCE COMPANY. ^ 

Be it enacted, §'c., as folloios: 

The act of the year one thousand eight hundred and forty- ci^rter contin- 

, en •1144 • 1 "'^'' "'it'i""t 1"^- 

seven, chapter lorty-nve, entitled "An Act to incorporate the itation of time. 
Gloucester Marine Insurance Company," shall be continued 
and remain in force from and after the fifth day of March, 
in the year one thousand eight 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, liabil- 
ities 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, 14, 1867. 

An Act to authorize the America; 

TO HOLD additional REAL AI 

Be it enacted, S<,'c., as follows : 

Section 1. The xlmerican Unitarian Association is hereby Mayada.si5o,ooo 
authorized to hold real and personal estate in addition to tai.^'^''^''"' '"'^"' 
what is now authorized by law, to an amount not exceeding 
one hundred and fifty thousand dollars. 

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

Approved Fehruary 14, 1867. 
An Act to authorize the fitchburg railroad company to Qlim) 31 

EXTEND the LOCATION OF ITS ROAD. I ' ' 

Be it enacted, iV<?., as folloios : 

Section 1. The Fitchburg Railroad Company is hereby i^'^y extend in 
authorized to extend the location of its road in the city of ne'ct°with com- 
Boston, so far as said company may desire for the construe- jTaUway, ^a'^^* 
tion of a single or double track, beginning at a point upon causeway street. 
its road not farther north than the northerly end of its car 
house, as it now stands ; thence extending in a southerly 



CAN UNITARIAN ASSOCIATION CJlG]). 30. 
IND PERSONAL ESTATE. 



484 1867.— Chapters 32, 33. 

direction to Causeway Street in the city of Boston, and there 
connecting with the track of the Commercial Freight Rail- 

Provisos. way Company : provided, however, that between the point of 

beginning above named and Haverhill Street, the location 
herel)y authorized, and the track or tracks thereon to be 
constructed, shall lie within and on the easterly side of a 
line drawn parallel with, and twenty-nine feet. distant at 
right angles from the westerly wall of the passenger station 
of said Fitchburg Railroad Company, as it now stands ; and 
provided, further, that the mayor and aldermen of the city 
of Boston shall have power to determine the location, and 
the manner of conducting and operating that portion of said 
railroad which shall lie within the limits of Haverhill and 
Causeway Streets. 

Act of 1866, ch. Section 2. Said Fitchburg Railroad Company shall be 

2G( to apply. . ^-^ . 

entitled to all the privileges and benefits, and be subject to 
all the duties and restrictions of steam railroad corporations 
under tlie provisions of chapter two hundred and sixty-seven 
of the acts of the year eighteen hundred and sixty-six, not 
inconsistent herewith. 

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

Approved February 14, 1867. 
Chap. 32. Ax Act to extend the time fou locating and constructing 

THE CANTON AND HYDE PARK RAILROAD. 

Be it enacted, §'c., as follows : 
^rTctioa extend- SECTION 1. Tho tiuic for thc locatlou of the Canton and 
cd to Mar. 1, '70. Hydo Park Railroad, is hereby extended to the first day of 

March, in the year eighteen hundred and sixty-nine, and for 

the construction of the same, to the first day of March, in 

the year eigliteen hundred and seventy. 

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

Approved February 14, 1867. 
Chop. 33. An Act to incorporate the boston and Charleston steam-ship 

COMPANY. 

Be it enacted, ^'c, as follows : 

Corporators. SECTION 1. Gcorgc B. Uptou, Isaac Rich, Donald McKay, 

their associates and successors, are hereby made a corpora- 

Titie. tion, by the name of the Boston and Charleston Steam-ship 

Privilege.'! and re- Company ; with all the powers and privileges, and sulycct to 
all the duties, liabilities and restrictions set forth in thc gen- 
eral laws of this Commonwealth, which now are or may 
hereafter be in force and applicable to such corporations. 

May have ships SECTION 2. Said Corporation is hereby autliorized and 

and navigate or -i , t •-, -, ■, i , i i i i 

charter same, cmpowcrcd to buiUl, purchasc, charter, hold and convey one 
or more steam-ships or steam propellers, and to navigate the 
ocean therewith, and em])loy the same in transporting freight 



18G7.— Chapter 34.- 485 

and passengers between the city of Boston and Charleston, 
South Carolina. And said company may let by charter, one 
or more of their steam-ships, or propellers, to any persons : 
provided, such charter does not prevent said company from Proviso, 
complying with the terms of this act. 

Section 3. The capital stock of said corporation sliall be capital stocii. 
three hundred thousand dollars, with liberty to pay in and 
increase the same, by adding thereto from time to time an 
amount not exceeding four hundred thousand dollars, and 
shall be divided into shares of the par value of one hundred shares. 
dollars each. Said corporation shall have power to assess May assess not 
from time to time upon said shares, such sums as may be value. '°° ^^^ 
deemed necessary to accomplish its object, not exceeding the 
par value of said shares. No certificates of stock shall be issue of stock 
issued until the par value thereof shall have been actually t"rk[Dg.'*'''°° "^ 
paid in, and no steam-ship or propeller shall be run until at 
least one hundred thousand dollars of its capital shall have 
been subscribed and paid in. 

Section 4. Said corporation may hold real estate to an neai estate. 
amount not exceeding fifty thousand dollars. 

Section 5. If said corporation shall not within one year conditions of va- 
from the passage hereof have been organized, and have col- ' ' ^ ° 
lected by assessments an amount equal to one hundred thou- 
sand dollars of its capital stock subscribed, and shall not 
within two years from the passage of this act, have one or 
more steam-ships or propellers employed between said city 
of Boston and said port, or if said corporation shall thereafter 
fail for the period of one year so to employ one or more 
steam-ships or propellers in said business, then this act shall 
be null and void. Approved February li, 1867. 

An Act making appropriations for the expenses of the state rjhd)) 34 

ALMSHOUSES ; THE HOSPITAL AT UAINSFORD ISLAND ; THE SUPPORT ' 

AND RELIEF OF STATE LUNATIC PAUPERS ; THE STATE PRISON ; THE 
REFORM SCHOOL AT WESTBOROUGH AND THE NAUTICAL BRANCH 
THEREOF ; AND FOR OTHER PURPOSES. 

Be it enacted, §t., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated to be paid out of the treasury of tlie 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, in the year eighteen hundred and sixty-seven, to wit: 

charitable. 
For the state almshouse at Tewksbury, a sum not exceed- Almshouses: 

'^ ' TewUsDury , 

ing seventy-seven thousand seven hundred and fifty dollars, g. s. 71. 



486 



•1867.— Chapter U. 



Monson. 
G. S. 71. 

Briclgewater. 
G. S.71. 

Rainsford Island 

hospital. 

G. S. 71. 



Board charities, 
agent's expenses. 
Acts 1863. 240. 



Expenses secre- 
tary. 

Acts 1S63, 240. 

Travel and ex- 
penses, members. 

Money, hn-w 
drawn and dis- 
bursed. 

Lunatic pauper.', 
support. 

G. S. 73; Acts 
1863, 240. 
Transport of 
pauper?. 
G. S. 71. 
Burials. 
G. S.70. 

Support of by 
municipalities. 
G. P. 71, s^) 43, 
44. 

Coroners' in- 
quests, expenses. 
G. S. 1.57, 17.5. 
Indians, for sup- 
port. 
G. S. 14. 

Troy. 



Dudley. 



Christian town 
and Chappequid- 
dic. 

Punkapoj;. 
Marshpee. 



Sundry author- 
ized expenses. 



Pensions. 

Sinking fund, 
almshouse loan. 
Acts 18.52, 275; 
1854, 355. 
Asylum for hlind. 
Kes. 1864,50. 



For tliG state almshouse and state primary school at Mon 
son, a sum not exceeding sixty thousand dollars. 

For the state almshouse and state work-house at Bridge- 
water, a sum not exceeding fifty-six thousand dollars. 

For the hospital at Rainsford Island, a sum not exceeding 
ten thousand dollars, the same to include expenses of trans- 
portation. 

For expenses of the general agent of the board of state 
charities, a sum not exceeding two thousand two hundred 
dollars. 

For expenses of the secretary of the board of state chari- 
ties, a sum not exceeding one tliousand dollars. 

For travelling and other expenses of the board of state 
charities, a sum not exceeding three thousand six hundred 
dollars ; and the appropriations for said board may be drawn 
and disbursed by the general agent. 

For the support and relief of state lunatic paupers in state 
hospitals, a sum not exceeding ninety thousand dollars. 

For the transportation of state paupers to almshouses, a 
sum not exceeding five hundred dollars. 

For the burial of state paupers, a sum not exceeding 
thirty-five hundred dollars. 

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

For the expenses of coroners' inquests, a sum not exceed- 
ing one thousand dollars. 

For the 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 dollars ; for the salary of the guardian of the Cliris- 
tiantown and Chapp(?quiddic Indians, one hundred and fifty 
dollars ; for the salary of the guardian of the Punkapog 
Indians, forty dollars ; to the treasurer of the Marshpee 
Indians, for the support of certain old state paupers, a sum 
not exceeding two hundred dollars, and the balance to be 
applicable to tlie payment of such other expenses on account 
of Indians as are authorized by statute. 

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, tlie sum of sixteen thousand dollars. 



1867.— Chapter 34. 487 

For tlie Massachusetts school for idiotic and feeble-minded f^Jf^igg^^^j"^'- 
youth, the sum of nine thousand dollars. 

For the support of Massachusetts beneficiaries in the asy- Deaf mutes, 
lum for deaf and dumb at Hartford, the sum of eighteen '04, ss; 'C5,5o. 
thousand five hundred dollars. 

For the annuities due from the Commonwealth, incurred Martha johonnot 
by the acceptance of the bequests of the late Martha Johon- Kes. iS4i, 65. 
not, a sum not exceeding one thousand four hundred dollars. 

For expenses attendino; the management of cases of casw .settlement 

ii Ti 1-1 •! Ill 1 and bastardy, ex- 

settlement and l)astardv, in the year eigliteen hundred and peases. 

• . T . " ' *' ° , T +1 ^^ Acts 1863, 210. 

sixty-seven and previous years, a sum not exceeding three 
thousand dollars. 

EEFORMATORY AND CORRECTIONAL. 

For expenses of the state prison, a sum not exceeding one state prison, ex- 
hundred thousand dollars. Aftrrsei, 303. 
For expenses of the state reform school for boys at West- Reform school, 

, i -. .,„ ,, Tin current expenses. 

borough, a sum not exceeding sixty-nve thousand dollars, g. s. 76. 
said sum to be expended solely for the current expenses of 
said institution ; and no money appropriated by this act 
shall be expended by the trustees of said school for the erec- 
tion of new buildings. 

For the current expenses of the nautical branch of the Nautical school. 
state reform school, a sum not exceeding fifty-two thousand 
dollars. 

For the current expenses of the state industrial school for industrial sch'i. 
girls at Lancaster, a sum not exceeding twenty-three thou- 
sand dollars. 

For expenses incurred in the arrest of fugitives from jus- Arrest of fugi- 
tice, a sum not exceeding two thousand dollars. as^.'iTT. 

For the salary of an agent for the relief of discharged con- Agent discharged 
victs, a sum not exceeding eight hundred dollars ; and for etc"^""*''' ^'"''^' 
the expenditures of said agent, a sum not exceeding one '^'^'^•^^'^^''^^' 
thousand dollars. 

For the compensation of the state police, a sum not exceed- ?'^^f^p°'i'=?v,ry- 

• 11 1 1 T 1 T n Acts lh65, 219. 

ing seventy-eight thousand two hundred dollars. 

For travelling expenses of the state police, a sum not f^^P^°^"^^ ^°^ 
exceeding twenty-nine thousand five hundred dollars. 1865,249. 

For clerical, incidental and contingent expenses of the constable of 
constable of the Commonwealth, a sum not exceeding seven ' 
thousand six hundred dollars, which shall be allowed and 
paid. 

From tlie appropriations for expenses of the state prison, state prison, 
of the state almshouses at Tewksbury, Monson and Bridge- reform, "Muti^ai 
water, and of the reform school for boys at Westborough, the sc"hooL°'*advince 



488 1867.— Chapter 35. 

payment for ex- nautical braucli tliei'cof, and of the industrial scliool for 

penses author- • i i i • -i ^ • ^ 

ized. g'li'is, tlierc may bo 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 ; 

Moneys received and all suiiis reccived by said institutions from cities, towns 

from"towns°and Or iudividuals, for the support of the inmates, or for articles 

ftr Thoes ^at"^^' ^0^^' shall bo paid into the treasury of the Commonwealth, 

Tewksbury,tobe cxccpt that SO miicli as shall be received from the manufac- 

ury. ' ture of shoes at the Tewksbury almshouse, may be reinvested 

for that purpose. 

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

Approved Fehruarj 18, 1867. 



Chap, 35. 



An Act rklating to the ckssion of the jurisdiction of the 

commonwealth over certain lands in charlestown. 
De it enacted, ^c, as follows: 

Jurisdiction SECTION 1. Jurisdiction is hereby granted and ceded to 

states. ° °"^ the United States over all that certain lot or tract of land, 
with the buildings thereon, situate in the city of Charles- 
town, purchased by the United States as an addition to the 

Bounds de- uavy yard, and described as follows : commencing at the 
south-west corner of the present guard-house, thence run- 
ning north-westerly along the boundary line of the navy yard 
twenty-four and twenty one-hundredths feet to the intersec- 
tion of the continuation of the western line of the avenue ; 
thence south-westerly along said western line and making an 
angle of eighty-three degrees and nineteen minutes with the 
boundary line of the navy yard forty-four and fifty one-hun- 
dredths feet to the north side of Wapping street ; thence 
along Wajjping street, at an angle of forty degrees and fifty- 
seven minutes with the last line, twenty and forty-two one- 
hundredths feet ; thence along Water street at an angle with 
the last line of one hundred sixty-one degrees and eight min- 
utes, twenty-eight and tliirty-three one-hundredths feet to the 
beginning ; this last line making an angle of seventy-four 
degrees and thirty-six minutes with the first or boundary 
wall of the yard. 

Act void unless SECTION 2. This act shall be void unless a suitaljle plan 

plan be deposited n ,i • ■, ,. ,. ,^ ,. 

with secretary of ot thc prcmises, or such portiou or portions thereoi as may 

Statue within ^^ purchascd by the United States, be deposited in the office 

of the secretary of this Commonwealth, within one year from 

Concurrentjuris- thC paSSagC of this act : nrOViclecl, allVayS, that this Common- 
diction for service {,-, in , . T 1 '. '^ ' . . • T I- 

of legal process wcalth Shall rctaiii and does retain concurrent jurisdiction 
retained. ^-^^^i thc United Statcs in and over the tract of land afore- 

said, so far, as that all civil and all criminal processes issuing 
under the authority of this Commonwealth, may be executed 



1867.— Chapters 36, 37. 489 

on said land, and in any buildings thereon, or to be erected 
thereon, in the same way and manner as if jurisdiction had 
not been granted as aforesaid ; and provided, also, that the Kxciusive juris- 
exclusive jurisdiction shall revert to and revest in the Com- revert to state. 
mouAvealth of Massachusetts, whenever the said land shall 
cease to be iised for the sole purpose herein before declared. 

Approved February 19, 1867. 

An Act conckrning suits against corporations. Chan. 36. 

Be it enacted, §'c., as folloivs : 

Section 1. In all suits against corporations established fi"|fi,ity°of'stocr- 
by the laws of this Commonwealth, wdien it shall appear to hower may be 
the court that one of the objects of the suit is to obtain a son*;" '^ '" ^^'^" 
judgment against said corporation in order to enforce an 
alleged liability of any person who has been, or is, a stock- 
holder or officer of said corporation, any such stockholder or 
officer may be permitted, on petition, to defend said suit. 

Section 2. The court in such case may require of the court may re- 
person so taking upon himself the defence of said suit, or of defJndaat. 
some person in his behalf, a bond with sufficient surety, or 
sureties, conditioned to pay to the plaintiff all costs which 
may accrue and be taxed to him after the filing of said 
petition. 

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

Approved February 19, 1867. 



An Act in addition to an act to incorporate the new eng 
land emigrant aid company. 



Chap. 37. 

Be it enacted, Sfc, as folloivs: 

Section 1. The corporation called the New England May increase cap- 
Emigrant Aid Company is hereby empowered to issue addi- stock," to aid em- 
tional stock to the amount of one hundred and fifty thou- ward.°'^ *°" 
sand dollars, to be divided into shares of one hundred dollars 
each, which shall be called " preferred stock," for the pur- 
pose of directing emigration southward, and aiding in 
providing accommodations for the emigrants after arriving 
at their places of destination. 

Section 2. The holders of stock not so preferred, sliall noiders of sucii 

ji ,.11 T'l T •^ f • -I -I c • y I stock to have 

not be entitled to any dividend, until dividends ot eiglit per preference of 
centum yearly shall have been made to the holders of such '''^"^'*°'*- 
preferred stock: and any excess of dividends over and sum in excess of 
above eight per centum yearly, shall be shared pro rata by shared by' other 
the holders of such preferred stock and those holders of spon'ding'^toVub- 
stock not preferred who shall present their certificates of ^'^^'^'^ """"^^ 
stock to the treasurer of the company for registration within 
thirty days after public notice shall have been given by him, 
at least three times in the Boston Daily Advertiser, the Bos- 
5 



41)0 



1867.— Chapters 38, 39, 40. 



Limitation of 
charter. 



Chap. 38. 



Corporators. 



Title. 

Privileges and re- 
strictions. 



Chap. 39. 



May increase 
250,000 dollars. 



Shares. 

May hold real 
estate. 



Chap. 40. 



May complete 
organization. 



Meeting for, 
when to be held, 



How called. 



ton Daily Jovirnal, and the Boston Post, and Boston Tran- 
script newspapers, calling for such return of certificates. 

Section 3. The charter is hereby so amended that it shall 
expire in thirty years from the passage of this act. 

Approved February 19, 1867. 

An Act to incorporate the beverly savings bank. 
Be it enacted^ Sfc, as follows : 

Section 1. John I. Baker, Robert G. Bennett, George 
Roundy, their associates and successors, are hereby made a 
corporation by the name of the Beverly Savings Bank, to be 
established in the town of Beverly ; with all the powers and 
privileges, and subject to all tlie duties, liabilities and restric- 
tions set forth in all general laws, which now are or may 
hereafter be in force, applicable to savings banks and institu- 
tions for savings. 

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

Approved February 19, 1867. 

An Act to authoiuzb the old colony iron company to 

increase its capital stock. 
Be it enacted, §t., as folloivs : 

Section 1. The Old Colony Iron Company, a corporation 
established in the towns of Taunton and Raynham, is hereby 
authorized to increase its capital stock two hundred and fifty 
thousand dollars, divided into shares of one thousand dollars 
each ; and to hold real estate necessary and convenient for 
its business, to an amount not exceeding two hundred 
thousand dollars. 

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

Approved February 19, 1867. 

An Act to authorize the spy pond water company to com- 
plete ITS ORGANIZATION. 
Be it enacted, ^t., as follows : 

Section 1. The Spy Pond Water Company is hereby 
authorized to complete the organization of said corporation, 
wherein the same may now be defective ; and said corpora- 
tion shall thereafter continue to exercise its powers and priv- 
ileges, and be subject to all liabilities, according to its char- 
ter and all laws now or hereafter in force relating to such 
corporations. 

Section 2. A meeting of said corporation shall be held 
within three months from the passage of this act, for the 
purpose of completing its organization as aforesaid. Such 
meeting shall be called by Edward Chapman, the person 
elected clerk of said corporation at its first meeting, by a 



1867.— Chapter 41. 491 

notice signed by him setting forth the time, place and pur- 
pose of the meeting, and such notice shall, seven days at 
least before the meeting, be delivered to each member of 
said company, and be published in some newspaper printed 
in the county of Middlesex. 

Section 3. The town of West Cambridge may, at any Town of west 
time, purchase the franchise of said corporation, and all its purchlM^fran-*^ 
corporate property, at such price as may be agreed upon "J^i^^ "^'^ f'^°v- 
between the parties ; and in case the parties cannot agree 
upon the price, the supreme judicial court, or any justice 
thereof, upon application of either party, shall appoint three 
commissioners to award what sum said town shall pay to 
said company for such franchise and its corporate property, 
which award shall be final. 

Section 4. Said company shall not at any time draw the water marks of 
waters of Spy Pond below low-water mark of said pond, nor LTtU." 
raise them above high-water mark. 

Section 5. A commissioner shall be appointed by the s..t. court, upon 
supreme judicial court or any justice thereof, on application poinr^person'^^to 
of said Spy Pond Water Company, or of any party in inter- ^rpol^^roHse 
esi, who shall at the cost and expense of said company, after and fau of waters. 
notice to all parties in interest, ascertain the points betweeti 
which the waters of said pond and its outlet rise and fall, 
and shall erect permanent monuments showing the same, and 
shall make a full report of all his doings to the supreme 
judicial court. 

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

Approved February 19, 1867. 

An Act to incorporate the maushpee manufacturing Chat) 41 

COMPANY. "' 

Be it enacted, §"c., as follotos : 

Section 1. Solomon Attaquin, Matthias Amos, Oaks A. corporators. 
Coombs, their associates and successors, are hereby made a 
corporation by the name of the Marshpee Manufacturing Title and pur- 
Company, for the purpose of manufacturing baskets, brooms, ^°^^' 
wooden ware and other like articles in the district of Marsh- 
pee ; and for this purpose shall have all the powers and priv- Priviiegesendre- 
ileges, and be subject to all the duties, liabilities and restric- ^'"'="'^''^- 
tions set forth in all general laws which now are, or hereaf- 
ter may be in force, relating to such corporations. 

Section 2. The said corporation may purchase and hold, Reai estate. 
in said district, for the purposes aforesaid, real estate not 
exceeding fifteen thousand dollars in value, and the capital capital stock, 
stock of said corporation shall not exceed fifty thousand dol- 
lars. All buildings and machinery which may be erected or ^achinwy To\e: 



492 1867.— Chapters 42, 43. 

deemed personal placed bj said corporatioii on said real estate, shall be 
estate. regarded as the personal estate of said corporation, and be 

liable for the debts of the corporation. 
Non-residents of SECTION 3. Thc Capital stock of Said corporation may be 
stock. taken and held by persons not proprietors or inhabitants of 

Real estate may said district : biit no real estate which may be owned or held 
r^sideil ""'^ ^^ hy Said corporation in said district, shall be sold or assigned 

to any person except such as may now legally hold land as 

proprietors of said district. 

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

Approved February 19, 1867. 

Chap. 42. -^^ -^^^ '^^ PROVIDE FOR REFUNDING CERTAIN TAXES ILLEGALLY 

ASSESSED. 

Be it enacted, Sfc, as follows : 
Treasurer^ to re- SECTION 1. Thc trcasurcr and receiver-general is hereby 
ceived under ch. authorizcd to rcpav all sums of money received by him, from 

236, Acts 1863. x-i .i ■ • e y 2.1. i 

any corporation, under the provisions 01 chapter two hun- 
dred and thirty-six of the acts of the year eighteen hundred 
and sixty- three. 

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

Approved February 19, 1867. 

Chan 43 "^^ "^^^ ^^ relation to the boston marine society. 

Be it enacted, §'c., as follows : 
May purchase SECTION 1. Thc Bostou Marine Society is hereby author- 

and receive dona- .t, i i ^ • -\ i- o ^ -\ 

tions of addition, izccl to iiiakc purchascs and receive donations oi real ana 
ai estate. persoual cstatc for the purposes expressed in their act of incor- 

poration, the clear income of which shall not, at any time, 
exceed the sum of twenty thousand dollars per annum, in 
addition to the real and personal estate which they may now 
hold; and may manage and dispose of said estate as the said 
society shall see fit. 
ProTi9ion.s in SECTION 2. So luuch of tlic act passcd the twenty-fifth 

iathig%o Innuai day of Jaiiuaiy, one thousand seven hundred and fifty-four, 
meeting repealed, entitled " Au Act to incorporate William Starkey and others, 
by the name of the Marine Society," and so much of the act 
passed February twenty-third, eighteen hundred and nine, 
entitled " An Act in addition to an act entitled an act to 
incorporate William Starkey and others, by the name of the 
Marine Society," as relates to the time of the annual meet- 
society may ing of Said socicty, is hereby repealed : and the said society 
holding in^'^by- is hcrcby empowered to hold its annual meeting at such time 
^"^^- as it shall in future establish and appoint, by by-laws duly 

made. 

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

Approved February 19, 1867. 



1867.— Chapters 44, 45. 493 

An Act to authorize the increase of the capital stock of QJif,^ A A 

THE ocean steam MILLS. ^' 

Be it enacted, Sj'c, as follows : 

Section 1. The Ocean Steam Mills, a corporation estab- May increase 
lished in Newburyport, is hereby authorized to increase its *^ ' ° '^•^^^'^^• 
capital stock by an amount not exceeding three hundred 
thousand dollars, divided into shares of one hundred dollars shares. 
each; and to hold additional real estate, not exceeding one May increase real 
hundred thousand dollars in value. 

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

Approved February 23, 1867. 
An Act making appropriations from the moiety of the QJi^n 45 

INCOME OF the SCHOOL FUND APPLICABLE TO EDUCATIONAL "' 

PURPOSES. 

Be it enacted, §'c., as follows: 

Section 1. The sums hereinafter mentioned in this sec- Appropriations 
tion are appropriated and shall be allowed and paid out of *" °"^^ " 
the moiety of the income of the school fund applicable to 
educational purposes, for the year eighteen hundred and 
sixty-seven, to wit: 

For the support of the four state normal schools for the Normal schools, 
present year, the sum of thirty-two thousand five hundred 
dollars. 

For the salary and travelling expenses of such agent or Agents board of 
agents as the board of education may appoint, a sum not 
exceeding three thousand dollars. 

For teachers' institutes, the sum of two thousand eight Teachers' insti- 
hundred dollars. G*s^'a5. 

For aid to pupils in the state normal schools, a sum not Normal pupiis. 
exceeding four thousand dollars. 

For the support of state scholarships, a sum not exceeding state schoiar- 
two thousand four hundred dollars ; said sum and the sums * '^^" 
above named to be expended under the direction of the 
board of education. 

For postage, printing, advertising, stationery, the trans- Board of edu»a- 
portation of documents for the board of education, and for andnoTmar^' 
the secretary thereof, and also for any contingent expenses ^^hooKeipanses. 
of the normal schools, not otherwise provided for, the sum 
of eleven thousand dollars. 

For the expenses of the members of the board of educa- Members of 
tion and the treasurer thereof, a sum not exceeding five ^°"'^' "p«°^^^- 
hundred dollars. 

For the Massachusetts teachers' association, the sum of T'^achers' asso- 
eight hundred dollars, on condition that said association visional.^'"' 
shall furnish a copy of the " Massachusetts Teacher " to 
each school committee in the several cities, and towns in the 



G. S. 36. 



Chap. 46. 



491 • 1867.— Chapters 46, 47. 

Commonwealth, during the year eighteen hundred and sixty- 
seven, and furnish satisfactory evidence thereof to the 
auditor. 

American insti- For thc American institute of instruction, the sum of five 

tut^of instruc- j^^j^jJ^qj^ dollars, to be paid to the president of said institute 
in the month of August next. 

Teachers' county For couuty tcachcrs' associatious, the sum of three hun- 

AcTst864°58. ^rcd and twenty-five dollars. 

indian^schoois. For tlic support of ccrtaiu Indian schools, the sum of four 
hundred and five dollars. 

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

Approved February 23, 1867. 

An Act making appropriations for the expenses of the 

military department of the commonwealth. 
Be il enacted, §'c., as follows : 
Quartermaster's SECTION 1. Tlio sum of sixtccn tliousaud dollars is hereby 
bureau. '^^'^'^ appropriated, to be paid out of the treasury of the Common- 
wealth, for the purpose of meeting the current expenses of 
the bureau of the quartermaster-general and ordnance, dur- 
ing the year ending December thirty-first, in the year 
eighteen hundred and sixty-seven, to wit : 
Arsenal, Cam- For salarics of Superintendent of the arsenal at Cam- 
at. ' bridge, and clerk, including extra clerk hire, three thousand 

dollars. 
Service and For compeiisatioii of mechanics and laborers employed in 

^*^''°'"' and about the arsenal, six thousand dollars. 

Transport of ma- For transportation of materiel from the arsenal to the 
various companies in the Commonwealth, and to and from 
the several camps, twenty-five hundred dollars. 
Materials for re- For cost of matcHals uscd for repairing arms, tents, and 

pairs of arms and /> .1 -in i • • j 1 . ^i 1 

arsenal. SO lorth, and lor general repairs in and about the arsenal 

buildings, two thousand dollars. 
Contingent ex- For Contingent cxpcnses, iiicluding salutes upon national 

penses and care i - , • • ,• i. j.> 1 i i 1 1 i 

arsenal grounds, and statc occasious, printing, stationery, blank books, and so 
forth, and for keeping the arsenal grounds in order, twenty- 
five hundred dollars. 

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

Approved February 23, 1867. 

Chap. 47. -^^ -^^^ ^^ RELATION TO THE INSPECTION OF POT AND PEARL 
* ' * ASHES. 

Be it enacted, Sfc, as follows: 

Fee of inspector- SECTION 1. The inspector-ffcneral of pot and pearl aslics, 

general and dep- \ • ^ , i n '^ • ^/. • f- • i • i 

uty defined. or his dcputy, shall receive lor inspecting, weighing and 
delivering to the owner an invoice or weight note under his 
hand, of the weight of each cask of pot or pearl ashes, and 



Chap. 49. 



1867.— Chapters 48, 49, 50, 51. 495 

for coopering, nailing and putting the same in shipping 
order, twenty cents for every hundred weight so inspected, 
one-half to be paid by the maker or owner, and one-half by now to be paid. 
the purchaser. 

Section 2. The one hundred and seventy-third section of g- s. 49, 5 173, 
the forty-ninth chapter of the General Statutes is hereby ""^^^^^ " 
repealed. Approved February 23, 1867. 

Ax Act to authorize the holyoke mutual fire insurance QJiaj). 48. 
company of salem, to purchase and hold additional real ■' 

estate. 

Be it enacted, tVc, as follows : 

The Holyoke Mutual Fire Insurance Company in the city Mayhoidsso.ooo 
of Salem, is hereby authorized to purchase and hold real sum inch" 174, 
estate in said city, to an amount not exceeding thirty thou- proy'jg""'^^'^ ^"""^ 
sand dollars, in addition to the amount which the company is 
now authorized to hold by chapter one hundred and seventy- 
four of the acts of the year eighteen hundred and sixty-five, 
and subject to the proviso contained in said chapter. 

Approved February 23, 1867. 

An Act to authorize the Plimpton iron and steel manufac- 
turing COMPANY TO change ITS NAME. 
Be it enacted, S^'c, as folloivs : 

Section 1. The Plimpton Iron and Steel Manufacturing May take name of 
Company, a corporation organized in the city of Boston, steei'^Manu'fac"'* 
under the general laws, in the year one thousand eight turing company. 
hundred and sixty-five, is hereby authorized, upon a vote of 
three-fourths of its stock-holders, to take the name of the 
Linden Iron and Steel Manufacturing Company ; and no Liabilities to be 
liabilities of said corporation shall be affected thereby. unaerected. 

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

Approved February 23, 1867. 
An Act in relation to the time op holding meetings for Qhnj) KQ 

THE ELECTION OF CERTAIN OFFICERS. ■^' 

Be it enacted, ^'c, as follows: 

Section two of chapter seven of the General Statutes is Election poiis 
SO far amended, that the meetings in said section mentioned, "a^m.^forc'hoice 
may be opened as early as eight o'clock in the forenoon. and^c'luTt'^offi! 

Approved February 25, 1867. <=*''^- 
An Act to incorporate the managers of the boston port and 

seamen's AID society, AND TO UNITE THE CORPORATIONS CALLED 
THE MANAGERS OF THE PORT SOCIETY OF THE CITY OF BOSTON AND 
ITS VICINITY, AND THE SEAMEN'S AID SOCIETY. 

Be it enacted, §'c., as follows: 

Section 1. Albert Fearing, John A. Andrew, Charles corporators. 
Henry Parker, Benjamin Thaxter, Nathaniel A. Barrett, 



Chap. 5t. 



496 1867.— Chapter 51. 

William Perkins, James M. Barnard, William G. Weld, 
Henry Pigeon, William Rogers, ;pdward T. Taylor, Cathe- 
rine C. Fearing, Deborah Taylor, Abby Rhoades, Ann E. 
Coffni, Nancy Fairbanks, Helen E. Tracy, Deborah Brigham 
and Margaret Fiske, their associates and successors, are 
Title. hereby made a corporation, by the name of the Managers of 

May hold estate thc Boston Port and Seamen's Aid Society, with power to 
S*dieabfrd or hold rcal and personal estate to the amount of two hundred 
needy seamen thousaud dollars, for thc purposcs of improving the moral, 

and families, and ' /. .^ p Ti-r-'T 

education of chii- rcligious aud gcucral condition oi seamen and their lamilies 
in Boston and its vicinity ; of relieving sick and disabled 
seamen and their families ; of affording aid and encourage- 
ment to poor and industrious seamen, and promoting the 
May appoint offl- cducatiou of soamcu's children ; and the said corporation 
by"iaT^frcor- may appoint all such officers as may be convenient for the 
poj^Je govern- management of their affairs, and may fix their compensation 
and define tlieir duties and obligations, and may make and 
adopt such by-laws and regulations as may be necessary for 
the government of the said corporation, not repugnant to the 
laws and constitution of this Commonwealth. 
Managers may be SECTION 2. Thc uumbcr of mauagci's shall ucvcr bc morc 
tobewomeurand thau tweuty-fivc, of whoiii at least seven shall be women, and 
nine a quorum, of whom iiinc shall coustitutc a quorum for the transaction 
Vacancies. of busiucss ; and all vacancies in said board shall be filled 

by election by the remaining members of said board. And 
May, on petition thc suprcmc judicial court, on petition of a majority of the 
rli^veTby s.%. board, shall have jurisdiction in equity to remove from office 
Court for cause, j^j-^y. niauagcr, wlieii, from any cause, he shall have become 
unable or unfit, in their judgment, to discharge the duties 
of his office. 
Shall keep rec- SECTION 3. Said mauagcrs shall keep a fair record of all 
ments'of flTnd's, thcir procccdings, and a correct statement of funds in their 
MdexVndi-^'^ possession, and of their income, receipts and expenditures. 
tures. Tliev shall receive no compensation for their services as such 

Managers to re- .' -, , ,^ ,• i i i 

ceivenopay. mauagcrs ; but the corporation may make reasonable com- 
trTarure^maybe pensation for scrviccs rendered by the secretary and treas- 
paid. .^^j^.^^, jj^ ^Ijq performance of the duties of tlieir offices. 

Port Society and SECTION 4. Thc two corporatioiis now known by the names 
ciTtyu^nu^d:' '°" of " Thc Managers of the Port Society of the City of Boston 

and its Vicinity," and " The Seamen's Aid Society," are 

hereby united and merged in the corporation established by 

this act. 
New corporation SECTION 5. Thc corporatiou established by this act shall 
chises and prop- liavc, liold, posscss and enjoy all the francliises, property 
corporltio^ns. ''''° ^ud cstatcs which uow are or may be held and enjoyed by 

either or both of the said former corporations, and all gifts, 



1867.— Chapter 52. 497 

legacies and devises which have been made or shall be here- 
after made to either or both of the said former corporations ; 
and it shall be subject to all the duties, restrictions, obliga- 
tions and liabilities to which the said corporations severally 
are subject, so far as the same may be consistent with this 
act; and all suits at law or in equity, and all proceedings shaii be party in 
before any trilmnal, which may be pending, to which either of either.'"^ **^' 
of said former corporations is a party, may be prosecuted 
and defended by the corporation established by this act, in 
like manner, and with the same effect, as might have been 
done by the said former corporations, or either of them, if 
tliis act had not been passed. 

Section 6. The corporation established by this act shall Jp'jj^'^o^pora- 
never be perverted to sectarian purposes ; and in case of such "on prohibuea. 
abuse of the corporate property of the said society, the 
supreme judicial court, upon information filed by the 
attorney-general, may inquire into such abuse, and may 
make all proper decrees needful to correct the same. 

Section 7. Said John A. Andrew is hereby authorized to First meeting of 
call the first meeting of the said managers, by giving notice whonfcaiied and 
of the time, place and purpose of such meeting at least seven ^°'' no«fied. 
days before the time of holding the same, by publication 
thereof in the Boston Daily Advertiser, and by a copy thereof 
in hand, or through the mail, to each manager. 

Approved March 1, 1867. 

An Act concerning the collection of state taxes upon cor- QJiap. 52. 

PORATIONS. "' 

Be it enacted, tVc, as follows: 

Section 1. When any tax remains due from any corpo- Tax due ten days 
ration, except municipal corporations, to the Commonwealth, state treasurer he 
for the term of ten days after notice given through the mail, "^^ foTcoUec- 
by the treasurer of the Commonwealth to the treasurer or ''o°- 
other financial agent of such corporation that such tax is 
due and unpaid, the treasurer of the Commonwealth may 
issue his warrant, directed to the sheriff, or his deputies, of 
the county in which such corporation has its place of busi- 
ness, commanding the collection of such tax. Such warrant Form and semce 
may be substantially in the form of those now issued by the ° ^^"^"^ • 
assessors of towns, except as is hereinafter provided ; and 
the officer to whom the same may be delivered for service, 
shall proceed in the manner in which collectors and others 
serving such warrants are authorized to proceed. Such Not to run 

i 1 n J. • A ii 1 -I c against person ; 

warrants shall not run against the body ot any person, nor no corporate 
shall any property of such delinquent corporation be exempt property exempt, 
from seizure and sale thereon. The officer having such 



498 1867.— Chapter 52. 

Interest upon warraiit sliall collect such tax, and interest upon tlie same, 
at the rate of twelve per centum per aanum, from the time 
Fees of officer wheu sucli tax becamc duc, and shall be entitled to collect 
CO ec ing. ^^^ receive for his fees the sum which an officer would be 
entitled by law to receive upon an execution for a like 
Pee for warrant amouut.- Hc sliall also collcct ouc dollar for the warrant, 
urer! ^""^ ''^^' wliicli shall be paid over to the treasurer of the Common- 
wealth. 
Corporation SECTION 2. Auv corporatiou feeling agQ-rieved by the 

aggrieved may, . - -i . n .• ^i n"^ 

upon petition, be cxactiou 01 the Said tax or oi any portion thereoi, may. 

Court in Suffolk, witliiii six iiiouths from the date of the payment of the same, 

whether such payment be after or before the issue of the 

warrant herein provided for, file a petition to the supreme 

judicial court, in the nature of a petition of right, setting 

forth the amount of the tax, and costs thereon so paid, the 

general legal grounds, if any, upon which it is claimed such 

tax should not have been exacted, and specifically the grounds 

in fact, if any, upon which it is so claimed. Said petition 

shall be entered and heard in said court in the county of 

andTtreJs'urer^To Suffolk. Scrvicc of the saiiic shall be made upon the treas- 

have service of urcr aud the attorncv-general of the Commonwealth, in the 

petition. -P n • • ^ • i 

same manner as a writ oi original summons is now served 
Proceedings. upon au individual. The proceedings upon such petition 

shall conform, as near as may be, to the proceedings in equity 
Condition prece- causcs ill Said court. No such petition shall be brought in 

order to procure the abatement of any tax, except where it 

is claimed that such tax is in part assessed upon property 

not legally subject to taxation. 
Court upon ad- SECTION 3. If tlic court, upou a hearing or trial, shall 

judging illefl'al t • t 

exaction to certi- adjudgc that said tax, and the costs thereon, have been illegally 
ehfiidra'wwar-" exactcd, a copy of the judgment or decree in the cause shall 
lum with"^f ter- ^® transmitted by the clerk of the court to the governor of 
est and costs. the Commonwcalth, and the governor shall thereupon draw 
his warrant upon the treasurer of the Commonwealth for the 
amount adjudged to have been unjustly exacted, with inter- 
est, and costs to be taxed by the clerk of the court, as in 
Treasurer to pay. equity causcs ; aud the treasurer shall pay the same, with- 
out any further act or resolv^e making appropriation therefor. 
Sum paid townor And SO mucli thcrcof as may have been paid out of the treas- 

city to Ije deduct- p i /-n i i • i 

ed from any after ury 01 thc Commonwcalth to any city or town may be 
payment. dcductcd and sct off from and against any sum afterwards 

due and payable to such city or town. 
MTdefi"ned°° °^ SECTION 4. The maimer of collection herein provided for, 
shall be in addition to those now provided by law. The 
remedy herein provided, by petition, shall take the place of 
any and all actions which might otherwise be maintained by 



1867.— Chapters 53, 54. 499 

such corporation on account of the assessment and collection 

of such tax, and shall be the exclusive remedy. This act shaii apply to 

shall apply to all taxes now due, as well as to those which 

may hereafter become due. 

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

Approved March 2, 1867. 

An Act to extend the time fok the location and construction QJk^p^ 53. 

of the springfield and farmington valley railroad. * ' 

Be it enacted, Sfc, as follows : 

Section 1. The time for the location and construction of Extended to May, 
the Springfield and Farmington Valley Railroad, is hereby 
extended to the first day of May, in the year eighteen hun- 
dred and seventy. 

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

Approved March 2, 1867. 
An Act in addition to an act in aid of the north adams water QLnf) 54 

COMPANY. "' 

Be it enacted, ^'c, asfolloios: 

Section 1. The town of Adams is hereby authorized to Town of Adams 
issue from time to time, notes, scrip or certificates of debt, to oooVauditSi 
be denominated on the face thereof "North Adams Water " water scrip." 
Scrip," in addition to the amount now authorized by said 
act, an amount not exceeding twenty thousand dollars, and 
bearing interest not exceeding the legal rate of interest in interest, rate and 
this Commonwealth. Said interest shall be payable semi- of principal.'^" 
annually, and the principal shall be payable at periods not 
more than twenty years from the issuing of said notes, scrip 
or certificates respectively. All notes, scrip and certificates issue and record 
of debt issued as aforesaid, shall be signed by the treasurer ^"''^' 
of said town, and countersigned by the chairman of the 
selectmen, and a record of all such notes, scrip and certifi- 
cates shall be made and kept by the said treasurer. The Town may loan 

, r»Ai 1 •!, • i-r'jjto water com- 

town or Adams may loan said notes, scrip or certificates to pany. 
the North Adams Water Company, upon such terms and 
conditions as may be by said town prescribed ; and the said company may 

, "^ 11 ,1 ^ \ J.^ o f sell, or pledge 

water company may sell the same or any part thereoi irora for loan. 
time to time, or pledge the same for money borrowed for the 
purpose aforesaid at such rates and upon such terms as said 
company shall deem proper. 

Section 2. The town of Adams is hereby authorized to Town may tax 
assess and collect upon the polls and estates in the fire dis- North Adams, to 
trict of North Adams, all taxes necessary to pay the principal p'^^- 
and interest of the notes, scrip and certificates issued and 
loaned as aforesaid. 



500 1867.— Chapters 55, 56. 

Voters of district SECTION 3. A legal mcetiiig of the voters of said fire dis- 

^o accep IS ^^.^^ shall bo Called within six months after the passage of 

this act, for the purpose of having said voters give in their 

written votes on the question whether thej will accept this 

If by two-thirds, act ; and if two-thirds of said votes shall be in the affirma- 

Toters of town to tivc, tlicu tlio selcctmen of the town of Adams, shall warn a 

accept; else Toid. mectiiig of tho votcrs 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. Approved March 2, 1867. 

Chat). 55. -^^ -^^^ "^^ INCORPORATE THE MANUFACTURERS' EXCHANGE COM- 
"' ' PANY. 

Be it enacted, S^'c, as follows: 
Corporators. SECTION 1. Samucl Batchcldcr, Nathaniel Harris, James 

C. Converse their associates and successors, are hereby made 
a corporation under the name of the Manufacturers' Exchange 
Location and Compauy, for the purpose of erecting a building in the city 
of Boston for the exposition and sale of goods and merchan- 
Priviiegesandre- dise, chicflv of Ncw Euffland manufacture; with all the 
powers and privileges, and subject to all the restrictions and 
liabilities set forth in all the general laws which are or may 
Not to trade in bc hercaftcr lu forcc applicable to such corporations: pi'o- 
corporate capaci- ^j^/efi?, that uothiug iu tliis act shall be construed to author- 
ize the said company to buy and sell merchandise in their 
corporate capacity. 
May hold estate. SECTION 2. Said corporatiou for the purposes aforesaid, 
may hold real and personal estate necessary and convenient 
for its business, to an amount not exceeding five hundred 
Shares. thousaud dollars, divided into shares of one hundred dollars 

Proviso: pay- cach : provided, hoivever, that said corporation shall incur 
ment of capital, j^^ liability Until ouc hundred thousand dollars of its capital 

stock is paid in, in cash. 
May occupy cer- SECTION 3. Said corporatioii may use and occupy any 
ton with conse^nt part of thc opcu tcrHtory on Fort Hill, so called, known as 
cou'^di?'^ ^^'^ Washington Square, for said purposes, on such terms and 
conditions as said city of Boston may prescribe by a vote of 
the city council with the consent of the mayor of said city. 
Section 4. This act shall take effect upon its passage. 

Approved March 2, 1867. 

Chan. 56. "^*^ -^^^ CONCERNING THE RATE OF INTEREST. 

Be it enacted, §t., as follows : 

In absence of SECTION 1. Whcu there is uo agreement for a different 

agreement, tobe,«., , n i i m • i 

six per cent. patc 01 iiitercst 01 moucy, the same shall eontmue to be at 



1867.— Chapter 57. 501 

the rate of six dollars upon one hundred dollars for a year, 
and at the same rate for a greater or less sum, and for a 
longer or shorter time. 

Section 2. It shall be lawful to contract to pay or reserve Any rate of in- 

n. ,, , T, ^ 1 o J.1 • 1. terest or discount 

discount at any rate, and to contract lor payment and receipt may be made: if 
of any rate of interest : provided, hoivever, that no greater ^[.r^ceut'to bela 
rate of interest than six per centum per annum shall be writing for recov- 
recovered in any action, except when the agreement to 
pay such greater rate of interest is in writing. 

Section 8. Sections three, four and five of chapter fifty- g.s.53. h 3, 4, 
three of the General Statutes, and all acts and parts of acts siste°ntf repTa°ed. 
inconsistent herewith are hereby repealed. 

Section 4. This act shall not affect any existing contract Act not to affect 
or action pending, or existing right of action, and shall take lo^'e'irforce^' 
efifect on the first day of July next. Approved March 6, 1867. ''"'^ ^' i®*^' • 

An Act to incorporate the independent insurance company. Q]iQr) 57 

Be it enacted, Sj-c, as folloios : 

Section 1. George 0. Hovey, Charles W. Freeland, corporators. 
Edward Atkinson, their associates and successors, are hereby 
made a corporation by the name of the Independent Insur- 
ance Company, in the city of Boston, for the purpose of location and 
making insurance against losses by fire, and with authority p^'^""^" 
to insure against the perils of the sea and other perils usually 
insured against by marine insurance companies, and to make 
all and every insurance appertaining to or connected with 
fire and marine risks and risks of inland navigation and 
transportation ; with all the powers and privileges, and sub- Priviiejresandre- 
ject to all the duties, restrictions and liabilities set forth in 
all general laws which now are or hereafter may be in force 
relating to such corporations. 

Section 2. Said corporation shall have a capital stock of capital and 
three hundred thousand dollars, divided into shares of one 
hundred dollars each. It shall have liberty to pay in and May increase cap- 
increase the said capital stock to an amount not exceeding 
one million dollars ; 2?rovided, that any increase of capital is Proviso. 
paid within three years from the passage of this act ; and ^J^y^^"^'^ ^^^^ 
with liberty to hold real estate for its own use to an amount 
not exceeding ten per cent, of the paid up capital stock of 
said company. 

Section 3. A majority of the board of the directors of the Directors may 
company may, at their discretion, at any time, give the pXiJs'righUn 
holders of the policies of the company the right to participate ^^*^ p""^'^- 
in the net profits of the company, to such an extent, and in 
such manner, and upon such terms and conditions as tliey 
shall prescribe in their by-laws. 



Chap. 58. 



502 1867.— Chapters 58, 59. 

Condition prece- SECTION 4. Said corporatioii may commence business 
usiness. ^j^^j^ thrcc hundred thousand dollars shall have been sub- 
scribed and paid in, in cash. 

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

Approved March 9, 1867. 

An Act relating to the makriage of non-resident parties. 
Be it atHicted, Sfc, as follows : 
Shall enter notice SECTION 1. Pcrsous liviug witliout the Commouwcalth 
town regist'ry!' and intending to be joined in marriage within the Common- 
wealth, shall, before their marriage, cause notice of their 
intention to be entered in the office of the clerk or registrar 
of the city or town in which they propose to have the mar- 
Centificate of piagc solcmnized ; and no marriage between such parties 
he"wit'h* m'a'gis" ^^^^^^ ^^ solcmulzed uutll they shall have delivered to the 
trate or minister justice of thc pcacc, or miulstcr in whose presence the 
marriage is to be contracted, a certificate from such 
clerk or registrar, specifying the time when notice of the 
intention of marriage was entered with him, together with 
all the facts in relation to the marriage required by law to 
be ascertained and recorded, except those respecting the 
person by whom the marriage is to be solemnized. 
Justice of peace SECTION 2. Marriagcs may be solemnized by a justice of 
may act in coun- ^j^^ pcaco in thc couuty for which he is appointed. 
Penalty for viola- SECTION 3. A justicc of tho pcacc Or minister wlio joiiis 
ting this act. persons in marriage contrary to the provisions of this act 
shall forfeit not less than fifty nor more than one hundred 
dollars. Approved March 11, 1867. 

An Act for the protection of camp meetings. 



Chap. 59. 

Be it enacted, §t., as follows : 
Penaityforhawk- SECTION 1. Wlioevcr, durlug tlic timc of holding any 
i^tw 7ermis^ camp Or field meeting, for religious purposes, and within one 
in° game^fTo^rTe^ Hiilc of thc placo of holdiug such meeting, hawks or peddles 
race or show p-Qods, warcs or merchandise, or establishes or maintains any 

withm one mile. ° , , t -i t t> t • • pi 

tent, booth or buildmg lor vendmg provisions or reiresh- 

ments, without permission from the authorities or officers 

having the charge or direction of such meeting, or engages 

in gaming or horse-racing, or exhibits or offers to exhibit 

any show or play, shall forfeit for each offence, a sum not 

Limitetion to cxcceding twenty dollars : provided, that the powers and 

twe ve ays. privileges herein gi'anted shall be exercised only for a term 

^Vf ' ^ - of not exceeding twelve consecutive days, in any one year ; 

Usual business and also provided, that a person having a regular, usual and 

excepte . established place of business within such limits is not hereby 

required to suspend his business. 



1867— Chapter 60. 503 

Section 2. The twenty-second section of the one hundred g. s. igs, § 22 
and sixty-fifth chapter of the General Statutes is hereby ^^p*^^'*^*^- 
repealed : provided, this repeal shall in no wise affect the 
prosecution of any offence heretofore committed. 

Approved March 11, 1867. 



Chap. 60. 



An Act to authorize the town of medford to procure a 

supply of water. 
Be it enacted, ^'c, as follows: 

Section 1. The city of Charlestown is hereby authorized cuy of charies- 
to supply the town of Medford with water for the extinguish- is"hanifeag?eid 
ment of fires and for other uses ; and for this purpose may '''''* ^^^"^ *"'"*• 
erect and maintain such structures as may be requisite and 
necessary therefor, and may extend their aqueduct into and 
through said town of Medford, upon such terms and condi- 
tions as may be agreed upon between said city and said town. 

Section 2. The town of Medford is hereby authorized to Town of Medford 
purchase a supply of water from said city of Charlestown, ^^^ purchase. 
upon such terms as may be agreed upon between said city 
and said town ; and may erect and maintain such works and May erect struct- 
structures as may be requisite and necessary for the intro- audfai°tributiol^ 
duction of water from the works of said city of Charlestown 
to the said town of Medford, and the distribution thereof in 
said town of Medford. 

Section 3. Said city and town may either of them take city or town may 
by purchase or otherwise and hold any land or real estate be^lable for dam- 
necessary for said purposes. Said city of Charlestown shall ^s«*- 
be liable to pay all damages that shall be sustained by any 
persons in their property by the taking of any land, water 
or water rights, or by the constructing of any aqueducts, 
reservoirs or other works, by said city under authority of 
this act ; and said town of Medford shall be liable to pay 
all damages that shall be sustained by any persons in their 
property by the taking of any land, water or water rights, or 
by the constructing of any aqueducts, reservoirs or other 
works by said town under authority of this act. And if the Person sustain- 
owner of any land, water or water rights, which shall be appiy^osupedor 

court for assess- 



ment. 



taken as aforesaid, or other person who shall sustain damage 
as aforesaid, shall not agree upon the damages to be paid 
therefor, he may apply, by petition, for the assessment of his 
damage.s, at any time within three years from the taking of 
the said land, water or water rights, or sustaining damage as 
aforesaid, and not aftewards, to the superior court in the 
county in which the same are situate, unless sooner barred, 
as provided in the fourth section of this act. Such petition Petition for; 
may be filed in the clerk's office of said court, in vacation or ret"m upon"*^ 



504 1867.— Chapter 60. 

in term time, and the clerk shall thereupon issue a summons 

to the city of Charlestown, or town of Medford, as the case 

may be, returnable, if issued in vacation, to the then next 

term of the said court, and if in term time, returnable on 

such a day as the said court shall order, to appear and 

Service of sum- auswcr to tlic Said petition : the said summons shall be 

'°°''^" served fourteen days at least before the return day thereof, 

by leaving a copy thereof, and of the said petition, certified 

by the officer who shall serve the same, with the mayor or 

clerk of said city, or chairman of the selectmen or clerk of 

Court mayap- Said towu ; and the said court may, upon default or hearing 

rhose''awa'?d'f°'' of the Said city or town, appoint three disinterested free- 

court accept holdcrs of this Commonwealth, who shall, after reasonable 

shall be final, . . ' ' i-ii 

unless jury be noticc to thc partics, asscss the damages, it any, which such 
c aimea. petitioner may have sustained as aforesaid ; and the award 

of the said freeholdors, or of the major part of them, being 
returned into and accepted by the said court, shall be final, 
and judgment shall be rendered and execution issued thereon 
for the prevailing party, with costs, unless one of the said 
parties shall claim a trial by jury, as hereinafter provided. 
itarty sustaining SECTION 4. Wlieucver any damages shall have been sus- 
fng'trchum for taiued by any persons as set forth in the third section of this 
cHy or Uj^nrnky ^^t, and such pcrsous sliall neglect to institute proceedings 
enter suit. agaiust Said city or town, as the case may be, according to 
the provisions of this act, for the space of twelve months, it 
shall be lawful for said city or town, as the case may be, to com- 
mence such proceedings, which sliall go on and be determined 
in the same manner as if commenced by the persons who 
Party notified sliall havc sustaiiicd sucli damage ; and if sucli persons, on 
pear to'teVa^rred rccciviug duc uoticc, shall uot comc in and prosecute the 
recovery. proceedings so instituted, judgment shall be entered against 

them, and they shall be forever barred from recovering any 
damages under this act. 
Party dissatisfied SECTION. 5. If cithcr of the parties mentioned in the third 
d'eterm^ue^"'^^ '° scctiou shall bc dissatisficd with the amount of damages 
awarded as therein expressed, such party may, at the term 
at which such award was accepted, or the next term there- 
after, claim, in writing, a trial in said court, and have a jury 
to hear and determine, at the bar of said court, all questions 
of fact relating to such damages, and to assess the amount 
Verdict being of thereof ; and the verdict of such jury, being accepted and 
recordto e final. pg^Qp^jg^j ]jy ^|^q gg^j^j court, shall bc final and conclusive, and 

judgment shall be rendered and execution issued thereon, 
Costs, how recov- aiid costs sliall bc recovcrcd by the said parties respectively, 
"'^'^" in the same manner as is provided by law, in regard to pro- 

ceedings relating to the laying out of highways. 



1867.— Chapter 60. 505 

Section G. For the purpose of defraying the costs and Town of Mearord 
expenses of such introduction and distribution under the bJTnds^^"^ ^^^^"^ 
second section, the town of Medford from time to time, may 
authorize the issue of scrip, notes or certificates of debt, to 
be denominated Water Bonds of the Town of Medford, to an 
amount not exceeding one hundred thousand dollars, bearing interest and re- 
interest not exceeding six per centum per annum, which ^''™p"°°- 
shall be redeemable at a period of time not less than one nor 
more than fifty years from and after the issue of said scrip, 
notes or certificates respectively, and may authorize the May sen on terms 
selectmen to sell the same, or any part thereof, from time *° ^^ prescribed. 
to time at public or private sale, for the purpose afore- 
said, on such terms and conditions as the said town shall 
prescribe. 

Section 7. In case the said town and city shall agree upon Municipalities 
the payment of a specific sum in gross as a charge or rental gfosr^r^ntiT'ibr 
for the use of said water, within the limits of the town of l'r..°'^/f '''' '" 

1111 1 1 Medford, town 

Medford, said town shall then and so long as such agreement may pass by -laws 
shall continue in force be authorized from time to time to w°o?k^!*'^''"^ 
pass such by-laws and ordinances as they may deem proper 
for the preservation and protection of all or any of the works 
connected with the introduction and distribution in said 
town of pure and wholesome water, under and by virtue of 
this act: provided, such by-laws and ordinances are not ProTiso:mustbe 
inconsistent with any laws of this Commonwealth, or with "ubject tTiegL 
the constitution thereof, subject at any time to be repealed '''^'"'''^' 
or modified by the legislature. The selectmen of said town selectmen may 
shall in such case have full powers for the management of an'T^fx re°nt^for 
such works and the distribution of said water, and shall from """ °^ ^^'''"• 
time to time regulate the price or rent for the use of the 
water with a view to the payment from the net income and 
receipts, not only of the interest, but ultimately of the prin- 
cipal of said debt so contracted, so far as the same may be 
practicable and reasonable. And the occupant of any tene- occupant and 
ment shall be liable for the payment of the price or rent for m'ln^hoViiabie. 
the use of the water in such tenement ; and the owner 
thereof shall be also liable, if, on being notified of such use 
he doQs not object thereto ; and if any person or persons Remedy for use 
shall use any of the said water, within the town without the conlent'of tow°n.' 
consent of the town, an action of tort may be maintained 
against him or them for the recovery of damages therefor. 

Section 8. The work of laying pipes and any other pipes across Mys- 
structures necessary to carry water from the works of said co'^m^mlLioners^to 
city of Charlestown across the Mystic River, shall be under <^'''*<=' '""-''"s 
the direction of the harbor commissioners. 



506 



1867.— Chapters 61, 62. 



Voters of Medford SECTION 9. TliG provisioRS of tliis act sliall be void unless 
ionJ^of ac'tf"^"'^'^' Submitted to and approved by the voters of the town of Med- 
ford, at a legal town meeting held within two years from the 
passage of this act. Approved March 11, 1867. 



Chap. 61, 



May add $100,- 
000 and invest 
in estate. 



Par value 
shares. 



An Act authorizing an increase of the capital stock of the 
lawrence gas company. 

Be it enacted, S,'c., as folloivs : 

Section 1. The Lawrence Gas Company is hereby author- 
ized to increase its capital stock, by adding thereto one 
hundred thousand dollars, and to invest such portion thereof 
in real and personal estate as may be necessary and con- 
venient for carrying on the business for which said company 
was incorporated. 

Section 2. No stock issued under this act shall be issued 
for a less sum than the par value of the original shares. 

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

Approved March 11, 1867. 



Chap. 62. 



Corporators. 
Title. 



Geaeral privi- 
leges and restric- 
tions. 



Mny open ground 
in streets on 
leave of mayor 
and aldermen, 
for corporate 
purpose. 



May be held for 
damages. 



Shall restore 
streets and ways 
opened. 



Mayor and alder- 
men may control 
all acts affecting 
persons or prop- 
erty. 



An Act to incorporate the manufacturers' gas company of 
fall river. 

Be it enacted, ^'c, as folloivs: 

Section 1. John S. Brayton, Charles P. Stickney, Jesse 
Eddy, their associates and successors, are hereby made a 
corporation, by the name of the Manufacturers' Gas Com- 
pany, for the purpose of manufacturing and selling gas in 
the city of Fall River ; with all the powers and 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. 

Section 2. Said corporation, with the consent of the 
mayor and aldermen of said city, shall have power and 
authority to dig up and open the grounds in any of the streets, 
lanes and highways in said city, for the purpose of sinking 
and repairing such pipes and conductors as may be necessary 
to accomplish the object of the corporation, and for the pur- 
pose aforesaid ; but such consent shall not affect the right 
or remedy to recover damages for any injury which shall be 
caused to persons or property by the doings of such corpora- 
tion. They shall put all such streets, lanes and highways 
which arc opened, into as good repair as they were in when 
they were opened, and upon failure so to do within a reason- 
able time, shall be deemed guilty of a nuisance. The mayor 
and aldermen of said city shall at all times have power to 
regulate, restrain and control all acts and doings of the said 
corporation, which may in any manner affect the health. 



1867.— CHArTERs 63, 64. 507 

safety, convenience or proi^erty of the inhabitants of said 
city. 

Section 3. Said corporation may hold such real estate corporation may 
as may be necessary and convenient for the purpose afore- '"'^ '''''*'^' 
said, not exceeding in value the sum of thirty-five thousand 
dollars ; and tlie whole capital stock shall not exceed the capital stock. 
sum of fifty thousand dollars. 

Section 4. The manufacturing corporations in Fall River other corpora- 
may severally hold not exceeding twenty-five percent, of the may^hoia'25" 



per 
cent, of stock. 



stock in said gas company. 

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

Approved March 11, 1867. 

Ax Act to incorporate the everett insurance company. Clia'D 63 

Be it enacted, ^'c, as follotos : 

Section 1. Lewis Rice, Harvey D. Parker, Daniel Cham- corporators. 
berlin, their associates and successors, are hereby made a 
corporation by the name of the Everett Insurance Company, 
in the city of Boston, for the purpose of making insurance Location, 
against losses by fire; with all the powers and privileges, and Privileges and re- 
subject to all the duties, restrictions and liabihties set forth 
in all general laws which now are, or hereafter may be in 
force relating to such corporations. 

Section 2. Said corporation shall have a capital stock of capital stock and 
two hundred and fifty thousand dollars, divided into shares 
of one hundred dollars each. It shall have liberty to pay in 
and increase the said capital stock to five hundred thousand 
dollars : provided^ the same is paid in within three years 
from the passage of this act. 

Section 3. Said corporation may commence business issue of policies, 
when two hundred and fifty thousand dollars shall have been denf '""^ ^''''" 
subscribed and paid in, in cash. 

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

Approved March 11, 1867. 



An Act in addition to an act to incorporate the American r>lf,^ aA 

steam-ship company. Jr* 

Be it enacted, ^'c, as follows: 

The periods of time allowed to the American Steam-ship Time under ch. 
Company, for the performance of the acts required of said exLlded^onf ^^' 
company by the fourth section of the one hundred and twelfth year. 
chapter of the acts of the year eighteen hundred and sixty- 
three, are hereby severally extended one year beyond the 
time now allowed by law. Approved March 11, 1867. 



508 1867.— -Chapter 65. 

Chan 65 ^^ -^^^ ^^ ixconroRATE the duxbury and cohasset railroad 

J^' ' COMPANY. 

Be it enacted^ ^'c, as folloivs : 

Corporators. SECTION 1. Amherst A. Frazar, Samuel Hall, Joseph 0. 

Cole, Bailey Loring, Nathaniel PI. Whiting, Stephen N. Gif- 
ford, their associates and successors, are hereby made a cor- 
poration by the name of the Duxbury and Cohasset Railroad 
PriTiieges and re- Company ; with all the powers and privileges, and subject to 
Etrictions. ^^^ ^j^^ duties, rcstrictious and liabilities set forth in the gen- 

eral laws which now are or may hereafter be in force relating 
to railroad corporations. 
May construct SECTION 2. Said corporatiou may locate, construct, main- 
from^coiTarseT'to tain aud operate a railroad commencing at or near the ter- 
Duxbury. miuus of thc South Shore Railroad in the town of Cohasset, 

thence running in a south-easterly direction, through the 
towns of Cohasset, Scituate, Marshfield and Duxbury. 
May unite viWh. SECTION 3. Said corporatiou may enter with its road upon, 
roTd'^ea^ch'to^ule uultc tlic sauic wlth, aud use thc South Shore Railroad ; and 
law '^' ^"''^'"" *" the South Shore Railroad Company may enter with its road 
upon, unite the same with, and use the railroad of the Dux- 
bury and Cohasset Railroad Company, both of said corpora- 
tions being subject to the general laws relating to railroad 
corporations. 
Capital stock and SECTION 4. Thc Capital stock of said corporation shall be 
shares. thrcc huudrcd and fifty thousand dollars, divided into shares 

Estate. of ouc huudrcd dollars each. Said corporation may hold 

such real estate and personal property as may be necessary 
and convenient for the purposes for which it is incorporated. 
Towns of Dux- SECTION 5. Thc towus of Duxbury, Marshfield and Scitu- 
ani^sciuTate^'may atc, are scvcrally hereby authorized to subscribe for and hold 
hold stock. shares in the capital stock of said corporation to an amount 
Proviso: two- uot cxcccding seventy-five thousand dollars each: provided, 
.app'r^ove'!°'''" '° that two-thirds of the legal voters of said towns, respectively, 
present and voting at legal meetings called for that purpose, 
vote to subscribe for such shares in accordance witli tlie terms 
May payforsame of this act. Said towus, respcctivcly, may pay for such shares 
by loan or tax. g^ votcd to bc takcu out of tlicir respective treasuries, and 
are hereby authorized to raise by loan or tax, any and all 
sums of money which may be necessary to pay for the same, 
and may hold or dispose of the same like other town prop- 
erty. 
Selectmen may SECTION 6. The selectmeii of tliG towns of Duxbury, 
It^'^company""^ Marslificld aud Scituate, respectively, shall have authority to 
meetings. represent said towns respectively at any and all meetings of 

May vote on sum ^he Duxburv and Cohasset Railroad Company, and said towns, 

of stock held. •[ ^ , , ,, • i . V. ,i i i 

so represented, are hereby authorized to vote on tne whole 



1867.— Chapter 66. 509 

amount of stock held by said towns respectively, anything in 
the sixty-third chapter of tlie General Statutes to the con- 
trary notwithstanding. 

Section 7. This act shall be void unless the location of conditions of vai- 
said railroad shall be made within two years, and the con- [^^ylavT. 
struction thereof be completed within four years from the 
passage hereof. 

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

Approved March 13, 1867. 
An Act in relation to the superintend,ence of charles river QJiap. 66. 

BRIDGE AND WARREN BRIDGE. 

Be it enacted, Sfc, a.^ follows : 

Section 1. The city of Charlestown is hereby intrusted p'^y ?f charies- 

iT-»' ^ • -\ -\ -wT town intrusteu 

with the superintendence of Charles River bridge and War- with. 
ren bridge. 

Section 2. The management and control of said bridges city council shaii 
shall be exercised by the city council of said city, which may make°ruieT''and 
make such rules and regulations, not repugnant to law, ti*uaers. '^^^''''' 
relating thereto, and such provisions for the appointment, and 
removal for neglect of duty, and for fixing the compensation 
of the draw-tenders required by the two hundred and eighty- 
second chapter of the acts of the year eighteen hundred and 
fifty-six, and of such other agents and employees, as it may 
deem expedient. Any of said rules and regulations shall be Governor and 
void whenever disapproved by the governor and council. prove ruies.''^ 

Section 3. A written or printed copy of the rules and Regulations to 
regulations made as aforesaid, which relate to the draws in draws. 
said bridges and the passing of vessels through them, shall 
be posted in some conspicuous place on each of said bridges 
near the draw therein. The said draw-tenders shall have Draw-tenders, 
the authority, and under the rules and direction of said city, du'tL defined. 
shall perform the duties which are prescribed in the afore- 
said chapter, and shall be obeyed and respected in the exer- 
cise of their functions as therein required. 

Section 4. Said city is hereby authorized to let or lease city may lease 
any building or privilege, or other property appertaining to te"ances7execu- 
said bridges or either of them, subject to the approval of the "^e to approve. 
governor and council. 

Section 5. Said city shall take care that said bridges be shaii have 
kept in good order for the public travel ; and shall cause said structure ia 
bridges and all buildings and structures appertaining to them, ''^p^"^' 
or either of them, to be kept in good repair; and shall col- shaii collect rent 
lect any sum due for rent of any building, privilege or other pTOpTrty"!"^ °^ 
property appertaining to said bridges, or either of them ; and ^''^j™^ ^^"^ '^^^' 
shall promptly demand payment for any damage to said 



510 



1867. — Chapter 66. 



Shall require 
good faith iu 
agreeineuts. 



If party refuse or 
fail, city, to report 
to attorney of 
Commonwealth. 



Money received 
to be paid State 
and added to 
" bridges fund." 



Penalty for moor- 
ing raft or lum- 
ber more than 
ten hours with- 
out permit of 
mayor. 



Liability for dam- 
age caused there- 
by. 



Compensation of 
draw-tenders and 
assistants, and 
expenses of main- 
tenance, to be 
paid from fund. 

City not to have 
pay for superin- 
tendence nor be 
liable for damage. 



Shall report to 
governor quar- 
terly, and to 
legislature an- 
nually. 



bridges, or either of them, or to any structure appertaining 
thereto, from any party lawfully liable therefor ; and shall 
require all persons and corporations to faithfully fulfil and 
perform all obligations or agreements they are or may be 
under in relation to said bridges, or either of them, or in 
relation to any structure, privilege or property thereto apper- 
taining ; and in case of refusal of any payment as aforesaid, 
or neglect or refusal to comply with or fulfil any such agree- 
ment or obligation, it shall be the duty of said city to report 
the same to the prosecuting officer of the Commonwealth, 
that legal proceedings, may be instituted to enforce such pay- 
ment or compliance with such agreement or obligation ; and 
all sums of money collected as aforesaid or otherwise, on 
account of or appertaining to said bridges, shall, upon its 
receipt by said city, be paid over to the treasurer and receiver- 
general, to bo added by him to the Charles River and War- 
ren bridges fund. 

Section 6. Every person who shall attach or moor any 
raft or collection of spars, logs, piles, timber or lumber to 
either of said bridges, or to any pier or other structure ap- 
pertaining thereto, for more than ten hours without permis- 
sion in writing from the mayor of Charlestown, shall for 
every such offence forfeit and pay to the city of Charlestown, 
to be added to said fund, as before provided, a sum not less 
than twenty-five dollars, and five dollars for every successive 
day during which such attachment or mooring shall be con- 
tinued ; and shall be further liable for all damages to such 
bridge, pier or other structure, caused by such attachment 
or mooring, or any continuance thereof, to be recovered by 
an action of tort. 

Section 7. The compensation of said draw-tenders and 
other employees, and all expenditures required for maintain- 
ing said bridges and other structures and property appertain- 
ing thereto, shall be paid from the Charles River and Warren 
bridges fund and the income thereof; but no payment or 
allowance shall be made to the city of Charlestown, or to any 
agent appointed by said city in pursuance of this act for 
superintendence of said bridges ; nor shall said city, or the city 
council thereof, be liable for any damages which may be sus- 
tained by any party, by reason of any defect or want of repair 
of said bridges, or either of them, or by reason of any negli- 
gence of any draw-tender or other employee, or otherwise. 

Section 8. Said city shall make quarterly reports to the 
governor and council of the receipts and expenditures on 
account of said bridges ; and shall, on or before the fifteenth 
day of January in each year, make a report to the legislature 



1867.— CHArTERs 67, 68. 511 

containing a specific statement of the receipts and expendi- 
tures for the year ending on the thirty-first day of the pre- 
ceding December; and shall also submit such estimates and g.s. is, h2s, 
make such reports as are required of public officers by the ' °^^^^' 
twenty-eighth and twenty-ninth sections of the fifteenth chap- 
ter of the General Statutes. 

Section 9. After the first day' of April, in the year one cuy, after April 
thousand eight hundred and sixty-eight, the city of Charles- tice thr'eriMDt'hs 
town, upon giving three months' notice to the governor, pur- brid-e""*'°'^" 
suant to a vote of the city council of said city, may surrender 
the superintendence of said bridges hereby intrusted to it ; 
and the governor and council may at any time, after thirty Governor and 

T , ,V , . -, . , •',, •' t' . *^ council, after 

days notice to said city, resume the care and supermten- thirty days' do- 
dence of said bridges hereby intrusted to said city : and upon cLTe™""^ "^"""^ 
the surrender by said city or the resumption by the governor 
and council of the superintendence as aforesaid, the governor 
and council shall appoint draw-tenders, pursuant to the pro- 
visions of the one hundred and eighty-sixth chapter of the 
acts of the year one thousand eight hundred and fifty-nine. 

Section 10. The operation of the one hundred and eighty- Acts of 1859, ch. 
sixth chapter of the acts of the year one thousand eight hun- reiatL^g to sakT^ 
dred and fifty-nine, and of all provisions of all laws relating ed'*^^®^ suspend- 
to Charles River bridge and Warren bridge inconsistent with 
this act, are hereby suspended until the city of Charlestowu 
shall surrender or the governor and council shall resume the 
superintendence of said bridges, as provided in the ninth 
section of this act. 

Section 11. This act shall take effect when it shall have This act in force 
been accepted by vote of the city council of Charlestowu, and bycUyco'ifncu'^* 
the mayor of said city shall have filed with the secretary of ^j^^^"°s°^°°- 
the Commonwealth a notice of such acceptance. 

Approved March 16, 1867. 

Ax Act in relation to the compensation of auditors. Chat) 67 

Be it enacted, §'c., as follows: 

Section fifty of chapter one hundred and twenty-one of ^^^^^-.^1^ ^. ^^ 
the General Statutes is hereby amended, so that the compen- party may pay, 
sation awarded by the court to auditors may be paid by be useTfn'wst. 
either party to the suit in which such auditors or auditor 
may be appointed, and taxed in his bill of cost if he prevails. 

Apjwoved March 16, 1867. 

An Act in relation to the election of school committee in Qhn^y (^ft 

THE CITY OF CAMBRIDGE. -i ' 

Be it enacted, cVc, as follows: 

Section 1. The qualified voters of the city of Cambridge, voters in wards 
at their annual meeting for the election of municipal officers, for%ne,^*tw'o Tuci 



512 1867.— Chapters 69, 70, 71. 

three years, re- first to be licld after tlic passage of this act, shall elect a 
spechveiy. school Committee consisting of three persons from each ward, 

one of whom from each ward shall hold ofhce for the term 

of one year, one for the term of two years, and one for the 

term of three years. 
Ballots to declare SECTION 2. The ballots for Said school committee shall 
terms. designate the term of years during which each person voted 

for shall serve. 
Annually after, SECTION 3. After such clcction shall have been held, there 
foTthree^years.**" shall bc clcctcd annually one person from each ward, to 

serve as a member of the school committee for the term of 

three years. 
Act to be accept- SECTION 4. Tliis act shall not take effect until accepted 

by the voters of said city, at a meeting duly held for said 

purpose. Approved March 16, 1867. 



ed, else Toid. 



Chap. 69. 



Ax Act for the preservation of books and other property 

BELONGING TO PUBLIC LIBRARIES. 

Be it enacted, ^'c, as follows : 
Penalty for wii- Wliocver wilfully aiid maliciously writes upon, injures, 
faeement!°'^ ^' dcfaccs, tcars or dcstroys any book, plate, picture, engraving 
or statue belonging to any law, town, city or other public 
library, shall be punished by a fine of not less than five dollars 
nor more than one thousand dollars for every such offence. 

Approved March 16, 1867. 

Chttn 70 ^^ ^^^ ^^ AMEND SECTION FIFTEEN OF CHAPTER EIGHTY-THREE 
"' ' OF THE GENERAL STATUTES, IN RELATION TO THE FISHERIES. 

Be it enacted, ^'c, as follows : 
Shell-fish for bait SECTION 1. Scctioii fifteen of chapter eighty-three of the 
Miy by inhibit- General Statutes, is hereby amended by inserting the words, 
ant of state. a r^y^ inliabitaut of this state," after the word fisherman in the 

third line. 

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

Approved March 16, 1867. 



Chap. 71. ^^ ^^"^ 



CONCERNIXG DRAINS AND SEWERS IN THE TOWN OF 
BROOKLIXE. 

Be it enacted, ^'c, as follows: 

seiec^t^^en may SECTION 1. The sclcctmen of the town of Brookline may 
tain. lay, make and maintain, in the said town, all such main drains 

or common sewers, through the lands of any persons or cor- 
porations, as they shall adjudge to be necessary for the public 
convenience or the public health : and may repair all such 
main drains or common sewers, from time to time, whenever 
Townandprivate rcpairs thcrcof may bo necessary. The said town and the 
litles asTnder '' inhabitants thereof shall have the same rights, and bo subject 
^' ^" to the same liabilities, as if the same had been laid, made or 



1867.— Chapters 72, 73. 513 

maintained, under the provisions of the forty-eighth chapter 
of the General Statutes, except as hereinafter provided. 

Section 2. The said selectmen, for the purpose of sewer- selectmen may 
age, may divert the water of either of the brooks having an dlZ-mhTolks, 
outlet in Muddy River, within said town, or any portion there- othercuannei to 
of, from their present course, at any convenient point within tide-water. 
said town, and conduct the same into any main drain or com- 
mon sewer of said town, as now existing, or hereafter to be 
constructed, or may provide a new channel, culvert or outlet 
therefor to tide-water. 

Section 3. When any lands or real estate shall be taken, Proceedings in 
or water diverted, by virtue of this act, the proceedings sliall or'diversion of 
be the same in all respects, as in the laying out of town ways : ""*'"• 
and all persons or corporations, suffering damage in their Rigbts for dam- 

, \ f» , 1 1 • 1 • • J. • • £• ages same as for 

property by reason of the laying, making or maintaming ot town ways. 
any main drain or common sewer, or by the diverting of any 
water, as aforesaid, shall have the same rights and remedies 
for the ascertainment and recovery of the amount of such 
damages, as in the case of the laying out of town ways. 
Section 4. This act shall take effect upon its passage. 

Approved March 16, 18G7. 
An Act to amend "An Act to incorporate the trustees of Chap. 72. 

THE tufts college." 

Be it enacted, §'c., as follows: 

Section 1. The trustees of the Tufts College, incorporated ^itie of corpora- 

. n'liTi tio"^ amended. 

April twenty-first, in the year one thousand eight hundred 
and fift3^-two, shall be hereafter known and called by the name 
of the Trustees of Tufts College. 

Section 2. The act to incorporate the Trustees of the May confer med- 
Tufts College, is hereby amended by striking out of the sec- "''' ^^^^^^' 
ond section thereof the words " except medical degrees." 

Section 3. Said corporation shall be capable of taking Mayhowprop- 
and holding in fee simple, or any less estate, by gift, grant, endowmlnt!^" 
bequest, devise or otherwise, for the further endowment of 
said college, any lands, tenements, or other estate, real or 
personal : provided, that the entire clear annual income of pi^o^'so/ \\m\ta.- 

iiji /••! • in 1 1 tion of income. 

all the property ot said corporation shall not exceed one hun- 
dred thousand dollars. 

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

Approved March 16, 1867. « 

An Act granting additional powers to the hayerhill aque- QJiQ/n 73 

DUCT company. ■'■ ' 

Be it enacted, ^'c, as folloivs : 

Section 1. The Haverhill Aqueduct Company is hereby May use waters of 
authorized to take and use the waters of Round Pond and ponds a'^ad Ken-^ 



514 



1867.— Chapter 74. 



oza Lake, to sup- 
ply town. 



Shall, upon dis- 
agreement, have 
damages settled 
as for highway. 



May hold estate. 



Town may pur- 
chase franchise 
and property of 
company. 



Water not to be 
used for machi- 
nery, except as 
steam; water- 
marks to be ob- 
served. 



Chap. 74. 



Corporators. 



Privileges and re- 
fitrictions. 



May construct 
road from point 
In Bridgewater 
via Raynham, 
across Taunton 
Kiver to point on 



Plug Pond, so called, and Kenoza Lake in the town of Haver- 
hill, to supply the inhabitants of said town with water by an 
aqueduct, and to enter upon, take and dig up any and all 
lands necessary for laying and maintaining aqueduct pipes, 
reservoirs, gates, dams or other works, necessary for that 
purpose. 

Section 2. All damages sustained by entering upon and 
taking land, water or water rights for either or any of the 
above purposes, shall, in case of disagreement with the par- 
ties injured, be ascertained, determined and recovered in the 
same manner as is now provided in cases where land is taken 
for highways. 

Section 3. Said corporation may hold real and personal 
estate to an amount not exceeding one hundred thousand 
dollars. 

Section 4. The town of Haverhill may at any time here- 
after purchase or otherwise take all the franchise, rights and 
property of said Haverhill Aqueduct Company, at such price 
as may be agreed on by the parties ; and in case the parties 
cannot agree upon the price, the supreme judicial court may, 
upon application of either party, and notice to the other, 
appoint three commissioners, who shall determine the price, 
and whose award, when accepted by the court, shall be final. 

Section 5. Nothing in this act contained shall be so con- 
strued as to authorize the Haverhill Aqueduct Company to 
use, or authorize any other person or corporation to use, any 
of the water conducted through its pipes to drive machinery 
otherwise than by creating steam, nor to raise tlie water of 
any of said ponds above high-water mark, nor to drain any 
of them below low-water mark. 

Approved Ularch 16, 1867. 

An Act to incokporate the bridgewater and taunton rail- 
road COMPANY. 

Be it enacted, ^"c, as follows: 

Section 1. Nahum Stetson, Isaac Pratt, junior, Joseph 
A. Hyde, Caleb Hobart, George W. Bassett, Joshua E. Crane, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Bridgewater and Taunton Railroad 
Company ; with all the powers and privileges, and subject to 
all the restrictions, duties and liabilities set forth in the gen- 
eral laws, which now are or hereafter may be in force relat- 
ing to railroad corporations. 

Section 2. Said corporation may locate, construct, main- 
tain and operate a railroad commencing at such convenient 
point as it may select, in the town of Bridgewater, tlience to 
the town of Raynham, and through said last named town, 



1867.— Chapter 74. 515 

passino; north of Titicut Pond to the Taunton River, and New Bedford and 

' ®, .,., 1.1 1 •■ Taunton road. 

across the said river by a bridgG ; thence to such convenient 

point as it may select on the New Bedford and Taunton 

Raih'oad on the north or south side of said river, crossing 

the same again by a bridge, if and as said corporation shall 

deem expedient; or, passing south of Titicut Pond aforfe- or, to point on 

said to the Taunton River at or near Squawbetty, so called ; and Tlu^nTo^n*^ 

thence, across said river by a bridge to such convenient '"*'*• 

point as it shall select on the Middleborougli and Taunton 

Railroad. 

Section 3. Said corporation may enter with its road ^^''^ "°"^® n'* n. 
upon, unite the same with, and use the road of the Old Col- n.ana t., and 
ony and Newport Railway Company, of the New Bedford for mutual use. 
and Taunton Railroad Corporation, and of the Middlebor- 
ougli and Taunton Railroad Corporation ; and either of the 
said three last named corporations, respectively, may enter 
with its road ujDon, unite the same with, and use the road of 
the Bridgewater and Taunton Railroad Company, subject to 
the general laws relating to railroad corporations : provided, shaii not cross 

. *P 1 m -r> •! T 1 n *-**^- ^^^ N.road 

hoivever, that said Bridgewater and iaunton Rauroad shall atieveiomse 

not cross the Old Colony and Newport Railroad at a level constnt."^' ^ 

therewith, nor enter with its road upon and unite the same 

with or use the road, nor take any of the depot lands of the 

Old Colony and Newport Railway Company, without the 

consent of said last named corporation ; nor shall said last said o. c. and n. 

. , ^. -, 1 -i ii Co. to only so use 

named corporation enter with its road upon, and unite the b. and t. road, 
same with, or use the road of the Bridgewater and Taunton 
Railroad Company, without the consent of said Bridgewater 
and Taunton Railroad Company. 

Section 4. The capital stock of said corporation shall be capital stock. 
fixed by the directors thereof, at an amount not less than 
two hundred thousand dollars, nor more than three hundred 
and fifty thousand dollars ; and said stock shall be divided scares, 
into shares of one hundred dollars each. Said corporation Reai and personal 
may hold such real estate and personal property as may be ** * 
necessary or convenient for the purposes for which it is incor- 
porated. 

Section 5. The Bridgewater Iron Manufacturing Com- Bridgewater iron 
pany is hereby authorized, with the consent of a majority in co^'.^VayToll 
interest of the stockholders thereof, exjjressed by vote at a If^^i^o^^^ 
legal meeting of said company called for that purpose, to stock. 
subscribe for, take and purchase, and hold, or dispose of, as 
it may see fit, such amount of the stock of said Bridgewater 
and Taunton Railroad Company, not exceeding one thousand 
shares, as said manufacturing company shall deem expedient. 



516 



1867.— Chapter 75. 



Conditions of va- 
lidity of act. 



Section 6. Tliis act shall be void unless the railroad 
hereby authorized is located within two years, and con- 
structed within lour years, from the passage hereof. 

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

Approved March 16, 1867. 



Chap. 75. 



Corporators. 



Privileges and re- 
atrictions. 



May construct 
road from point 
on Shawmut Av. 
in Roxbury to 
point on Boston, 
Hartford and 
Erie road, in 
Dorchester. 



May unite with 
and use B. H. 
and £. Railroad. 



Capital stock 
and shares. 



Real and personal 
estate. 



May sell fran- 
chise or lease 
road to B. H. 
and E. Com- 
pany. 



An Act to incorporate the roxbury branch railroad company. 

Be it enacted, S)'c., as follotvs : 

Section 1. Samuel C. Cobb, William S. Leland, Samuel 
Atherton, their associates and successors, are hereby made a 
corporation by the name of the Roxbury Branch Railroad 
Company ; with all the powers and privileges, and subject to 
all tho restrictions, duties and liabilities set forth in the gen- 
eral laws, which now are or hereafter may be in force, relat- 
mg to railroad corporations. 

Section 2. Said corporation may locate, construct, main- 
tain and operate a railroad commencing at some point on or 
near Shawmut Avenue, between Dale Street and Saint James 
Street, in the city of Roxbury, thence running up the valley 
of Smelt Brook, so-called, and up its eastern branch, crossing 
"Walnut Street south of the homestead estate of James Sturgis, 
and south of the intersection of said Walnut Street and Dale 
Street ; thence easterly, crossing Warren Street a little 
southerly of Bowers Street, and crossing Grove Hall Avenue 
a little northerly of Quincy Street, and into the town of Dor- 
chester, to some convenient point on the Boston, Hartford 
and Erie Railroad near the Bird Street station. 

Section 3. Said corporation may enter with its road upon, 
unite the same with, and use the road of the Boston, Hart- 
ford and Erie Railroad Company, subject to the provisions of 
the general laws relating to railroads. 

Section 4. The capital stock of said corporation shall not 
exceed three hundred thousand dollars, which shall be divided 
into shares of one hundred dollars each. Said corpora- 
tion may hold such real estate and personal property as may 
be necessary or convenient for the purposes for which it is 
incorporated. 

Section 5. Said corporation is hereby authorized to sell 
and transfer its franchise, property and all its rights under 
this act, or to lease its road and other property to said Bos- 
ton, Hartford and Erie Railroad Company, on such terms as 
may be mutually agreed upon by the directors of the said 
respective corporations, and ratified and accepted by a major- 
ity of the stockholders of each, at meetings called for that 
purpose. 



1867.— Chapter 76. 517 

Section 6. This act shall be void vmlcss said railroad is conditions of 
located within two years, and completed within four years "''' "^° 
from the passage hereof. 

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

Approved March IG, 1867. 

An Act to incorporate the ware river railroad company. QL^^j "Vg 
Be it enacted, Sj-c, as follows : 

Section 1. George H. Gilbert, William Mixtcr, Orrin corporators. 
Sage, Charles A Stevens, George S. Hill, their associates and 
successors, are hereby made a corporation by the name of 
the Ware River Railroad Company; with all the powers and Privileges and re- 
privileges, and subject to all the restrictions, duties and lia- 
bilities set forth m the general laws, which now are or here- 
after may be in force, relating to railroad corporations. 

Section 2. Said corporation is hereby authorized to locate, May construct 
construct, maintain and operate a railroad commencing at ui'townTf RUm- 
some convenient point on the New London Northern Railroad nampghtreS^r^ 
in the town of Palmer ; thence up the valley of Ware River winchendon. 
through or near the towns of Palmer, Ware, Hard wick. New 
Braintree, West Brookfield, Barre and Oakham, to the valley 
of Burnshirt stream ; thence by said last named valley through 
or near the towns of Hubbardston, Phillipston and Temple- 
ton to Otter River, near the village of Baldwinsville, in the 
town of Templeton, crossing the Vermont and Massachusetts 
Railroad near that place ; thence through the town of Win- 
chendon, crossing the Cheshire Railroad in said town, to 
some point in the line of the state of New Hampshire. 

Section 3. Said corporation may enter with its railroad May unite with 
upon, unite the same with, and use said New London North- Nonhern*, '\^er- 
ern Railroad, said Vermont and Massachusetts Railroad "nT ches^'wrr^' 
and said Cheshire Railroad ; and either of the corporations '°"'^^- 
owning said three last named railroads, respectively, may 
enter with its road upon, unite the same with, and use the 
road of said Ware River Railroad Company, subject to the 
general laws relating to railroad corporations. 

Section 4. Said corporation may enter with its road upon. May, with con- 
unite the same with, and use the road of the Western Rail- an'd 'use we" ter"n 
road Corporation : provided, the directors of the last named '°'"^- 
corporation shall consent thereto. 

Section 5. The capital stock of said corporation shall be ^^P^g*'^*"*^^'^"'^ 
one million dollars, which shall be divided into shares of one 
hundred dollars each. Said corporation may hold such real Reai and personal 
estate and personal property as may be necessary or conveii- *^ ^ ^' 
ient for the purposes for which it is incorporated. 



518 1867.— Chapter 77. 

May divide road SECTION 6. Foi" tliG pui'pose of constructioii, sai(l corpora- 
construc«o°n. ^°' tioii is hereby authorized to divide its road into four sections, 
to wit : the first section to embrace that portion thereof from 
its connection with the New London Northern Railroad to 
the village of Gilbertville, in the town of Hardwick ; the 
second section to extend from Gilbertville to the town of 
Barre ; the third section to extend from the town of Barre to 
the Vermont and Massachvisetts Railroad in the town of 
Templeton ; and the fourth section to extend from Temple- 
May receive ton to the line of the state of New Hampshire. Said corpo- 
tioursepa'rateiy. I'atiou is furthcr authorizcd hereby to receive subscriptions 
for the building of each of said sections separately ; and 
when the sum of two hundred and fifty thousand dollars shall 
have been subscribed for the building of either of said sec- 
tions specifically, said corporation may proceed to build the 
Shall certify sub- samc I but bcforc either of said sections sliall be commenced, 
p'aymen"of2o ^ ccrtificatc shall be filed in the ofiice of the secretary of the 
wo'i-k'to'secre'tary Commonwcalth, subscribed and sworn to by the president of 
of com'ith. said corporation and a majority of the directors thereof, stat- 
ing that all the stock named above for the section they pro- 
pose to build, has been subscribed by responsible parties, and 
that twenty per cent, of the par value of each and every 
share of such portion of the capital stock has been actually 
paid into the treasury of the corporation. 
May lease to N.L. SECTION 7. Said corporatioii is hereby authorized to lease 

N or Western • 

companies. Its Toad, or such portioiis thereof as may from time to time 
be completed, to the New London Northern Railroad Com- 
pany or to the Western Railroad Corporation, upon such 
terms and conditions as the directors of the contracting cor- 
stockhoiders of poratious may determine, subject to the approval of a major- 
contracting co.'s ity of the stockholders of said corporations respectively 
approve. prescut and voting at legal meetings called for that purpose. 
Conditions of SECTION 8. If the location of said Ware River Railroad 

validity of act. gi^all uot bc made within two years, and the first section 
thereof be not constructed within three years from the pas- 
sage of this act, then this act shall be void. 

Section 9. This act shall take effect upon its passage. 

Approved March 16, 1867. 

An Act to authorize an increase of the capital stock of the 
nashua and lowell railroad corporation. 

Be it enacted, Sj'c, asfoUotos : 

May have S160,- SECTION 1. Thc Nashua and Lowell Railroad Corporation 
is hereby authorized to increase its capital stock, not exceed- 
ing one hundred and fifty thousand dollars. 

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

Approved March 10, 1867. 



Chajj. 77. 



OOU additional. 



1867.— Chapters 78, 79, 80. 519 

Chap. 78. 



TITUTE CHILDREN TO HOLD ADDITIONAL REAL AND PERSONAL 



000 additional. 



An Act to authorize the church home for ORriiAN and des- 
titute 

ESTATE. 

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

Section 1. "The Church Home for Orphan and Des- May hare $ioo,- 
titute Children," incorporated under chapter thirtj-six of the 
acts of the year eighteen hundred and fifty-eight, is hereby 
authorized to hokl real and personal estate to the amount of 
one hundred thousand dollars, in addition to the amount 
now authorized, for the purposes set forth in their act of 
incorporation. 

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

Approved March 16, 1867. 



Chaj). 79. 



An Act to authorize the boston penny savings bank to hold 

real estate. 
Be enacted, cVc, as follotus : 

Section 1. The Boston Penny Savings Bank is hereby May faow $100, 
authorized to hold real estate to the amount of one hundred 
thousand dollars : provided, that no part of said amount shall Proviso, 
be invested in real estate, except in the purchase of a suit- 
able site, and the erection or preparation of a suitable build- 
ing to be used for banking purposes ; and all income, arising 
from such real estate, shall be devoted exclusively to the 
interests of said corporation. 

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

Approved March 16, 1867. 



An Act to authorize the baptist society in Georgetown to 

SELL real estate. 



Chap. 80. 

Be it enacted, ^'c, as follows : 

Section 1. The Baptist Society in Georgetown is hereby May convey es- 
authorized to sell, either at public or private sale, and to certain deed. " 
make, execute and deliver a deed or deeds, to convey the 
whole, or any part of the real estate held by said society, 
under deed from Samuel and Benjamin Plumer, dated the 
second day of January, in the year one thousand eight hun- 
dred and twenty-three, and recorded in the Essex registry of 
deeds : provided, the proceeds of such sale, or sales, shall be Provisos, 
properly and safely invested, and the income therefrom shall 
be forever used and appropriated for the benefit of said 
Baptist Society, and for the support of a Calvinistic Baptist 
gospel minister for the same, and for no other use or purpose 
whatever ; and provided, also, that all the right of reversion 
now owned by the heirs of the grantors above named, shall 
continue to them and their heirs forever, in the fund result- 
ing from the sale or sales hereby authorized to be made. 

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

Approved March 16, 1867. 



520 1867.— Chapters 81, 82. 

Chat) 81 ■^^ '^^^ ^^ IXCORPORATE THE MERCHANTS' MANUFACTURING COM- 
^' ' PANY, OF FALL RIVER. 

Be it enacted, §'c., asfoUoics : 

Corporators. SECTION 1. Jamcs Henrj, Robert S. Gibbs, Augustus 

Chace, their associates and successors, are hereby made a cor- 
poration by the name of the Merchants' Manufacturing Com- 

Purpose. pany, for the purpose of manufacturing cotton and woolen 

cloths, or any fabric wholly or in part of cotton, wool, silk, 

Privileges and re- flax, licmp OP jutc, in the city of Fall River; and for this 
purpose shall have all the powers and privileges, and be sub- 
ject to all the duties, restrictions and liabilities set forth in 
all general laws which now are or may hereafter be in force, 
relating to manufacturing corporations. 

May hold estate. SECTION 2. Said Corporation may hold for the purpose 
aforesaid, real estate necessary and convenient for its busi- 
ness, to an amount not exceeding five hundred thousand dol- 

capitai stock and lars, and the whole capital stock shall not exceed one mil- 

Bhares. -^[q^^ flyg huudrcd thousaud dollars, divided into shares of 

ProTiso. one hundred dollars each : provided, however, that said cor- 

poration shall not go into operation until five hundred thou- 
sand dollars of its capital stock is paid in, in cash. 

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

Approved March 16, 1867. 
Chan 82 -^^ -^^^ ^^ incorporate the mount mineral springs company, 

-I ' ' IX the town OF SHUTESBURY. 

Be it enacted, Sj'c, as follows : 
Corporators. SECTION 1. Charlcs A. Pcpry, John C. Perry, Stephen N. 

Gilford, their associates and successors, are hereby made a 
corporation by the name of the Mount Mineral Springs Com- 
Furpose. pany, for the purpose of purchasing the mineral springs 

property and erecting the necessary buildings and appurte- 
nances for a public house and for the use of waters of said 
Duties and liabii- Springs iu tlic towu of Shutcsbupy ; subject to the duties, lia- 
""^^' bilities and restrictions applicable thereto in the statutes of 

the Commonwealth. 

Capital stock and SECTION 2. The Capital stock of said coppopation shall not 

shares. cxcccd 0110 liundpcd thousaiid dollaps, in shapes of one hun- 

Estate. dped dollaps each ; and said coppopation may hold real and 

Proviso. pepsonal estate not exceeding that amount : provided, that 

said coppopation shall incur no liabilities until twenty-five 

thousand dollars shall have been unconditionally subscribed 

for, and forty per cent, thereof paid into its treasury in cash. 

Aj)proved March 16, 1867. 



1867.— Chapter 83. 521 

An Act to change the name of the foxborough branch rail- nhr,^^ qq 

ROAD company, AND FOR OTHER PURPOSES. L ^' 

Be it enacted, Sfc, as follotvs : 

Section 1. The Foxborough Branch Raih'oad Company shaii take name 
shall hereafter be known and called by the name of the ^''^ ^'^^''J^^^'^'i- 
Mansfield and Framingham Railroad Company. 

Section 2. Said corporation is hereby authorized to May change loca- 
change the location of its railroad in the town of Walpole, and extl^id'to" 
and to extend the same from a point near its present termi- point on asHcui- 
nus in Walpole, through the towns of Walpole, Medfield and road in Framing- 
Sherborn, to some convenient point on the Agricultural 
Branch Railroad in the town of Framingham, and shall be 
entitled to all the rights, privileges and benefits, and be sub- 
ject to all the duties and liabilities set forth in the general 
laws relating to railroad corporations. 

Section 3. Said corporation may enter with its railroad May unite with 
upon, unite the same with, and use the Boston and Provi- other roads, 
dence, both branches of the Boston, Hartford and Erie, the 
Boston and Worcester and the Agricultural Branch Rail- 
roads ; and either of the corporations, owning the above- said roads may 
named railroads, respectively, may enter with its road upon, useuTroTd!^^'"^ 
unite the same with, and use the road of the Mansfield and 
Framingham Railroad Company, with the rights and under 
the provisions and I'cstrictions set forth in the general laws 
relating to railroad corporations. 

Section 4. Said corporation may cross the Boston and May cross certain 
Providence, both branches of the Boston, Hartford and Erie, grade.'^ ^^""^ 
and the Boston and Worcester Railroads at even grade there- 
with respectively : provided, that nothing in this act con- Proviso, 
tained shall authorize said Mansfield and Framingham Rail- 
road Corporation to use or interfere with the use of the sta- 
tion buildings of the Boston and Worcester Railroad Corpo- 
ration or to use any more of its location or grounds than is 
necessary for a proper and convenient crossing. 

Section 5. Said corporation is hereby authorized to in- May increase cap- 
crease its capital stock by an amount not exceeding four ' "^ ^ ^"^ 
hundred thousand dollars, which shall be divided into shares 
of one hundred dollars each. Said corporation may hold May hoid neces- 

, , 1 ^'''^y estate. 

such real estate and personal property as may be necessary 
or convenient for the purposes for which it is incorporated. 

Section 6. The time for the construction of that portion Time for con- 
of the Foxborough Branch Railroad authorized by previous f^^'^^^°'^ extend- 
acts, is hereby extended to the twenty-sixth day of April, in 
the year eighteen hundred and seventy. 

Section 7. If said corporation shall not locate the said shaiiiocate and 
extension on or before the twenty-sixth day of April, in the sioninc.rtain 

9 



d22 



1867.— Chapter 84. 



time, or author- 
ity to be ToiJ. 



Chap. 84. 



Certain persons 
made corpora- 
tion. 

Title and pur- 
pose. 

Corporate privi- 
leges and restric- 
tions. 



May convey into 
said town waters 
.of certain brooks. 



May take and 
hold marginal 
lands of five rods 
width. 



Also other lands 
necessary for 
works. 



Shall file descrip- 
tion of land in 
registry of deeds. 



May have aque- 
ducts, dams, 
resprvoirs and 
hydrants, and 
supply water to 
town. 



year eighteen liundred and sixtyrnine, and construct the same 
on or before the twenty-sixth day of April, in the year eight- 
een hundred and seventy, so much of this act as relates to 
said extension shall be void. 

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

Approved March 18, 1867. 

An Act to supply the town of easthampton with pure water. 

Be it enacted, ^'c, as follows: 

Section 1. Horatio G. Knight, Joel L. Bassctt, Seth 
Warner, their associates and successors, are hereby made a 
corporation under the name of the Easthampton Aqueduct 
Company, for the purpose of furnisliing the inhabitants of 
the town of Easthampton with pure water ; with all the pow- 
ers 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, for the purpose aforesaid, 
may take, hold and convey to, into and through said town 
the waters of Rum Brook and Brandy Brook, so called, rising 
from springs near the foot of Mount Tom, in said town, 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 brooks, not exceeding five rods in width, 
as may be necessary for the preservation and purity of said 
waters ; and may also take and hold in like manner such 
lands as may be necessary for erecting and maintaining dams 
and reservoirs, and for laying and maintaining conduits, 
pipes, drains and other works for collecting, conducting and 
distributing said waters through said town. Said corpora- 
tion shall, within sixty days from the time of taking any land 
as aforesaid, file in the registry of deeds for the county of 
Hampshire, a description of the land so taken sufficiently 
accurate for identification, and state the purpose for which 
it is taken. 

Section 3. Said corporation may build aqueducts and 
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 town by laying 
down pipes, and may establish the rent therefor. Said cor- 
poration may also, for the purpose aforesaid, carry its pipes 
and drains over or under any water-course, street, railroad, 
highway or other way, in such manner as not to obstruct the 
same, and for like purjiose may enter upon and dig up any 
road, under the direction of the selectmen of the town of 
Easthampton, in such manner as to cause the least hindrance 
to the travel thereon. 



1867.— Chapter 84. 523 

Section 4. Said corporation shall be liable to pay all shaiibeiiabiefor 
damages that shall be sustained by the taking of any land, ea by ^persons!'"" 
water or water rights, or by the constructing of any aque- 
ducts, reservoirs or other works for the purposes aforesaid. 
If any party who shall sustain damage as aforesaid cannot Party failing to 
agree with said corporation upon the amount of said dama- rftTo^n'Lponalm- 
ges, he may have the same assessed in the same maimer as ages may appiy 

~ ' •' , law respectiug 

is provided by law with respect to land taken for highways ; inghways. 
and all damages for the taking of lands for the purposes 
aforesaid shall be paid by said corporation before entering 
upon such lands. 

Section 5. No application shall be made to the county water rights, 
commissioners for the assessment of damages for the taking ni^t'i^a'sked'be^ 
of any water rights, until the water is actually withdrawn or fore using water, 
diverted by said corporation. Any person whose water Person may ap- 
rights are thus taken or affected, may apply as aforesaid, at p'^'^'"" year. 
any time witliin one year from the time when the water is 
actually witlidrawn or diverted. 

Section 6. The capital stock of said corporation shall not capital stock and 
exceed fifty tliousand dollars, to be divided into shares of ^'''•"^' 
one hundred dollars each ; and no pecuniary liability shall Proviso, 
be assumed by said corporation until one-quarter part of its 
capital stock has actually been paid in, in cash. 

Section 7. Any person who sliall maliciously divert the Penalty if person 
water, or any part thereof, of the sources of supply which watTroTinTu."'''^ 
shall be taken by the said corporation pursuant to the pro- poration °^ '^°'^^" 
visions of this act, or who shall maliciously corrupt the same, 
or render it impure, or who shall maliciously destroy or 
injure any dam or reservoir, aqueduct, pipe or hydrant, or 
other property held, owned or used by the said 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, or by imprisonment 
not exceeding six months. 

Section 8. The town of Easthamptoii may, at any time, Town may pur- 
purchase or otherwise take the franchise of said corporation, and property!'* 
and all its corporate property, at such price as may be agreed 
upon between the parties ; and in case the parties cannot 
agree upon the price, the supreme judicial court, or any jus- 
tice thereof, upon application of eitlier party, shall appoint 
three commissioners to award what sum said town shall pay 
to said company for such franchise and its corporate prop- 
erty, which award shall be final. 



524 1867.— Chapter 85. 

For cost of prop- SECTION 9. FoF thc purposG of defraying the cost of such 

town^m^y^''ss'^?e propcrtj, kuds, watci' and water rights, as shall be pur- 

'• water scrip." chascd for tlic purposc aforesaid, the town of Easthampton 

shall have authority to issue from time to time notes, scrip 

or certificates of debt, to be denominated on the face thereof 

Amount, interest " Eastliamptou Water Scrip," to an amount not exceeding 

payment. ^^^^^ tliousaud doUars, bearing interest payable semi-annually, 

and the principal shall be payable at periods not more than 

twenty years from the issuing of the said scrip, notes or cer- 

Town may sell tificatcs rcspectivcly ; and the said town 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 

May assess an- as thc said towii shall judgc proper. Said town is further 

pryment of priu- autliorizcd to make appropriations, and assess from time to 

apai and inter- ^jj^^^ g^^^j^ amouuts, uot excccding in one year the sum of 

five thousand dollars, towards paying the principal of the 

money so borrowed, and also a sum sufficient to pay the 

interest thereon, in the same manner as money is assessed 

and appropriated for other town purposes. 

Town purchasing SECTION 10. Ill casB thc towii of Eastliamptoii shall pur- 

ap^ointoSs. chasc tlic property, rights and privileges of the corporation 

established by this act, said town shall exercise all the rights, 

powers and authority, and be subject to all the restrictions, 

duties and liabilities herein contained, in such manner and 

by such officers, servants and agents as the town shall, from 

Shall be liable tiiuc to tiiiic ordaiu, appoint and direct. And said town 

p'ld by corpor°a- shall 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 March 18, 1867. 

Chew. 85. ^^ ^^^ '^^ ESTABLISH A DIVIDING LINE BETWEEN THE TOWNS OP 
^' ' EASTHAM AND ORLEANS. 

Be it enacted, §t., as follows: 
Boundary de- SECTION 1. Thc dividing line between the towns of East- 

ham and Orleans is established as follows : Commencing at 
the middle of the mouth of Rock Harbor River, thence vip 
the middle of said river to a point opposite a stake standing 
on the northerly side of said river ; thence north sixty degrees 
east, twenty-six rods and eighteen links to a stone monument 
marked E. 0., standing in the north-east side of the road 
leading to the mouth of Boat Meadow River ; thence same 
course, fifty-five rods twenty links to a stone monument 
marked E. 0. ; thence same course forty-five rods seven and 



1867.— Chapters 86, 87. 525 

one-half links to a stake on Boat Meadow near the west side 
of the canal ; thence south nineteen degrees east one hun- 
dred twenty-sis rods fifteen links to a stone monument marked 
E. 0., standing on the south side of the road at Rock Harbor 
Gap ; thence same course fifty-one rods five links to a stone 
monument on the south side of the county road near the town 
cove marked E. 0. ; thence same course into the middle of 
said cove ; thence down the middle of said cove, to a large 
stone on the middle of Stony Island, marked E, 0. ; thence 
south sixty-seven and one-half degrees east to a stone monu- 
ment standing on Nausett Beach, marked E. 0. ; thence same 
course into the ocean ; from thence returning to the first 
point, to wit, the middle of the mouth of Rock Harbor River, 
thence north forty-five degrees west into Barnstable Bay ; 
and the said line as above described shall hereafter be the 
dividing line between said towns. 

Section 2. All portions of the town of Orleans lying Parts of Orleans 
north and east of the aforesaid line are hereby set off from nexe<i«ichTo^° 
the town of Orleans and annexed to the town of Eastham ; o"iertown. 
and all portions of the town of Eastham lying south and west 
of said line are hereby set off from the town of Eastham and 
annexed to the town of Orleans. 

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

Approved March 23, 1867. 

An Act for the protection of trout in east head in the nhffj) Q.Q 

TOWNS OF carver AND PLYMOUTH. -^ ' 

Be it enacted, Sfc, as follows: 

Section 1. No person shall take any trout in the waters written permit 
of the stream known as East Head, in the towns of Carver [aki"ng''t!>out. 
and Plymouth, from the source thereof to the dam recently 
erected thereon by George P. Bowers, without the written 
permission of the proprietor or proprietors of the land bor- 
dering upon that portion of said stream : provided, such pro- Proviso, 
prietors shall at all times keep an open and sufficient fish-way 
for the passage of trout at said dam. 

Section 2. Any person offending against the provisions of Penalty for vio- 
this act shall forfeit and pay a fine of one dollar for each section, 
trout taken, to be recovered by prosecution before any trial 
justice in the county of Plymouth. 

Approved March 23, 1867. 

An Act to incorporate the grand hotel company. ChwD 87 

Be it enacted, ^^c, as foUoios: 

Section 1. Paul Sears, J. B. Taft and William Wash- Corporators, 
burn, their associates and successors, are hereby made a 
corporation by the name of the Grand Hotel Company, for 



526 1867.— Chapters 88, 89. 

Purpose. tlie purpose of erecting a public house, to be located in Bos- 

ton, in the county of Suffolk, or in Roxbury, or in Dorchester, 
in the county of Norfolk, and maintaining such public house 
with the buildings and improvements connected therewith ; 

Privileges and re- with all tlic powcrs aud privileges 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 

Provisos. corporations : j)rovided, hoioever^ 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 ; provided, 
further, that if said hotel is not completed ready for use 
within five years from the passage of this act, then this act 
shall be void. 

Capital stock and SECTION 2. Tlic Capital stock of Said corporation shall 

shares. ^^^^ excccd two millioii dollars, and shall be divided into 

Estate. shares of one hundred dollars each ; and said corporation 

may hold real and personal estate to the value of two million 

Proviso. dollars, for the purposes mentioned in the first section : pro- 

vided, hoivever, that said corporation shall not incur any 
liability until five hundred thousand dollars of the capital 
stock shall have been unconditionally subscribed, and the sum 
of two hundred thousand dollars has been paid in, in cash. 
Section 3. This act shall take effect upon its passage. 

Approved March 23, 1867. 



Chap. 88. 



Ax Act to legalize the doings of the trustees of sandwich 

ACADEMY, AND TO CONFIRM THE PRESENT ACTING TRUSTEES. 

Be it enacted, ^"■c, as follows : 

Acts, since Aug. SECTION 1. All acts douc by the trustees of Sandwich 
vaiid^^^' ^^^^ Academy, in the town of Sandwich, between the twenty- 
fourth day of August in the year one thousand eight hundred 
and twenty-six, and the passage of this act, are hereby made 
valid and confirmed to the same extent as they would have 
been valid, had they acted in accordance with the provisions 
of the act of incorporation. 
Acting trustees SECTION 2. Thouias A. Tobcy, Jonathan Lconard, William 
Fessenden, Charles Dillingham, Thomas W. Bi'own, George 
L. Fessenden, Frederick S. Pope, H. G, 0. Ellis and Isaac 
K. Chipman, the present acting trustees are hereby confirmed 
as trustees of said academy. 

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

Approved March 23, 1867. 



confirmed. 



Chap. 89. 



An Act to incorporate the hopkinton savings bank. 
Be it enacted, ^'c, as follows: 
Corporators. Section 1. Lcc Clafliu, Lovctt H. Bowkcr, Edwin S. 

Thayer, their associates and successors, arc hereby made a 



1867.— Chapters 90, 91, 92. 527 

corporation, bj the name of the Hopkinton Savings Bank, to 
be estabhshed and located in the town of Hopkinton ; with Privileges ana re- 
all the powers and privileges, and subject to all the duties, 
liabilities and restrictions set forth in the fifty-seventh chapter 
of the General Statutes, and in all other laws of this Com- 
monwealth relating to institutions for savings. 

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

Approved March 23, 1867. 

An Act to incorporate the Northampton, hadley and amherst QJk^p 9Q^ 

STREET railway COMPANY. -* ' 

Be it enacted, ^'c, as follows: 

Section 1. Thomas E. Hastings, Eleazer Porter, Levi corporators. 
Stockbridge, their associates and successors, are hereby made 
a corporation by the name of the Northampton, Hadley and 
Amherst Street Railway Company, for the purpose of con- Purpose, 
structing and using a street railroad from the town of North- 
ampton to the town of Amherst; with all the powers and ^f^^^jl^^g ''"'^ ''''" 
privileges, and subject to all the duties, restrictions and 
liabilities, set forth in all general laws wliich now are or may 
hereafter be in force relating to street railroad corporations. 

Section 2. The capital stock of said corporation shall not capital stock, 
exceed the sum of two hundred thousand dollars. 

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

Approved March 23, 1867. 

An Act concerning the new Bedford and fall river rail- Qhn^j Q] 

WAY COMPANY. -^ ' 

Be it enacted, ^'c, asfolloivs: 

Section 1. The time allowed the New Bedford and Fall Time to organize 

T»' T-» •! • • 1 • 1 1 anj locate ex- 

River Railway company to organize said company, is hereby tended. 
extended to the thirtieth day of April, in the year eighteen 
hundred and sixty-eight, and the time for the locating and 
constructing its railroad is hereby extended to the thirtieth 
day of April, in the year eighteen hundred and seventy. 
Section 2. This act shall take effect upon its passage. 

Approved March 23, 1867. 

An Act in relation to the newburyport and amesbury horse QJkjp^ 99_ 

railroad company. ^ ' 

Be it enacted, S^'c, asfolloivs: 

Section 1. The act to incorporate the Newburyport and Act incorporat- 
Amesbury Horse Railroad Company, being the fifty-third time under ex- 
chapter of the acts of the year eighteen hundred and sixty- aftel-'^'tiiVrenac" 
four, is hereby renewed ; and the time limited in the four- '"''"'• 
teenth section of said act, for its acceptance by the city of 
Newburyport, and by the towns of Amesbury and Salisbury, 



Chap. 93. 



528 1867.— Chapters 93, 94, 95. 

and for the acceptance of said act, and the construction of 
said railroad by the corporation, is hereby extended for two 
years from the passage hereof. 

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

Approved March 23, 1867. 
An Act to ixcorporatj: the uniox building company in the 

TOWN OF SOUTHBRIDGE. 

Be it enacted, ^'c, as follows : 

Corporators. SECTION 1. Chester A. Dresser, Holmes Ammidown, 

Samuel Foster, their associates and successors, are hereby 
made a corporation by the name of the Union Building Com- 

purpose. pany, for the purpose of purchasing a lot of land at the 

intersection of Main and Central streets in the centre village 
of the town of Southbridge, and of erecting and maintaining 
thereon a building necessary and convenient for a public hall 

Privileges and re- and a library, and for other business purposes ; and shall 
have all the powers and privileges, and be subject to all the 
duties, restrictions and liabilities contained in all general 
laws which now are or may hereafter be in force and appli- 
cable to such corporations. 

cap^ai stock and SECTION 2. The Capital stock of said corporation shall not 
exceed one hundred thousand dollars, the same to be divided 

Proviso. into shares of one hundred dollars each : provided, hoivever, 

said corporation shall not assume any liability until twenty- 
five thousand dollars of its capital is paid in, in cash. 
Section 3. This act shall take effect upon its passage. 

Approved March 23, 1867. 

Chew 94 ^^ "^^^ CONCERNING THE LAYING OUT, ALTERING, WIDENING AND 
^ * ' IMPROVING THE STREETS OF SPRINGFIELD. 

Be it enacted, Si'c, as follows : 
Act of 1866. con- Section 1. The provisions of chapter one hundred and 
BoTton^ex'ite'nded scventy-four of the acts of the year eighteen hundred and 
to Springfield, gixty-slx, entitled " An Act concerning the laying out, alter- 
ing, widening and improving the streets of Boston," are here- 
by extended and made applicable to the city of Springfield. 
Shall apply when SECTION 2. This act shall take cfifect whcncver the Same 
thirds'o'f clty"^"" is accepted by the city council of said city of Springfield, by 
council. r^ two-thirds vote of each branch thereof. 

Approved March 23, 1867. 

Chcip. 95. -^^^ ^^^ '^^ AUTHORIZE THE CITY OF LYNN TO PROVIDE FOR A SINK- 
"' ' ING FUND. 

Be it enacted, §-c., as follows: 
May raise an- SECTION 1. Thc city of Lyuu is hcrcby authorized to raise 

Dually by taxa- i x ■• ji ii i • • i •, 

tion money for oy taxatiou, upou tlic polls aiid cstatos, m said city, a sum 
of boTds°of ci°ty "ot less than six thousand dollars, nor more than ten thou- 



18G7.— Chapter 95. . 529 

sand dollars, annually, until the maturity of tho bonds issued to pay for 
hereafter mentioned, which said sum with the interest and "'^ ^^"' 
accumulations thereon shall constitue a sinking fund for the 
redemption at maturity of the bonds of said city which have 
been, or hereafter may be, issued to raise funds to pay for 
the city hall now building in said city : and said sinking Fund to be only 
fund shall be appropriated and pledged to the payment and ^° "pp'"^'^- 
redemption of said bonds, and for no other purpose, until the 
same shall have been fully redeemed. 

Section 2. The city council of said city by the concurrent city council may 
vote of the two branches thereof is authorized to appoint three sKrso/'sinidng 
commissioners of said sinking fund who shall have the care and'^inyesT.''"*^* 
and management of all the moneys, funds and securities at 
any time belonging to said sinking fund, and who also shall 
from time to time invest the same in the bonds of said city, 
the public securities of the United States, either of the New 
England states and of the state of New York, and of the 
counties, cities and towns of this Commonwealth, in any rail- 
road stocks in which savings banks may invest their funds, in 
the stock of any bank located in this Commonwealth, and 
in loans secured by mortgage of real estate ; and they may 
sell, transfer and re-invest from time to time, the stock and 
securities belonging to said fund. 

Section 3. Said commissioners shall keep a true record commissionera 
of all their proceedings, and annually in the month of January doings and report 
make a report in writing to the city council of said city, of '""'"'^"y- 
the amount and condition of said fund and the income thereof 
for the year, which record and all the securities belonging Record to be 
to said fund shall at all times be open to the inspection of and°couS°' 
the mayor, or any committee of either branch of the city 
council of said city appointed for that purpose. 

Section 4. At the first election of commissioners, one Election and 
shall be chosen to hold office for the term of three years, one 
for the term of two years, and one for the term of one year, 
and in each year thereafter one commissioner shall be chosen 
to hold office for three years; and in case of a vacancy by vacancy in office, 
death, resignation or otherwise, such vacancy shall be filled ^°^ ^^^'"^' 
by the choice of some person to hold office during the 
unexpired term. The necessary expenses of said commis- Expense of com- 
sioners shall be paid by said city, but they shall receive no '"'^^""'• 
compensation for their services. 

Section 5. The balance of said sinking fund, if any there Balance of fund, 
be, after the payment of said bonds, shall be paid into the poLY.' ''°" ^'^' 
treasury of said city. Approved March 23, 1867. 

10 



tenure of com- 
missioners. 



530 



1867.— Chapters 96, 97, 98. 



Chap. 96. 



Treasurer of 
plantation may 
sell right for 
term of three 
years. 



Purchaser to 
have same rights 
on shores as resi- 
dent, and of suit 
to enforce. 



An Act concernixg the taking of kelp and seaweed upon lands 

of the herring pond plantation. 
Be it enacted, ^'c, as folloios : 

Section 1. The treasurer of the Herring Pond Plantation 
is hereby authorized to sell, from time to time, at public or 
private sale, as he shall judge to be most for the interest of 
said plantation, the right to take and remove kelp and sea- 
weed upon the beaches and shores of the common and undi- 
vided lands of said plantation, and of the lands reserved for 
the use and occupation of the Herring Pond Indians, for 
such time, not exceeding three years, at any one sale, as he 
shall see fit ; and the purchaser at such sale shall have, 
during the time covered by such sale, all the rights and 
privileges to take and remove kelp and seaweed on said 
beaches and shores which the said plantation or said Indians 
might have ; and may bring any suit in his own name which 
may be necessary to enforce such rights : and in any such 
suit the presumption of title shall be the same as is provided 
in the following section. 

Section 2. If any person shall take any kelp or seaweed 
from the beaches or shores aforesaid, without right, the 
treasurer of the Herring Pond Plantation may bring an 
action of tort, in his own name, as such treasurer, to recover 
for the value thereof and for the damage done thereby to 
said lands ; and if it shall appear on the trial of such action, 
that such kelp or seaweed was taken from any of the beaches, 
shores or lands aforesaid, the presumption shall be in favor 
of the right of said treasurer to recover therefor ; but the 
defendant may plead and show a right to take such kelp or 
seaweed, in defence of such action. 

Approved March 23, 1867. 

An Act concerning the burial of state paupers. 
Be it enacted, Sfc, as folloivs : 

Allowance for Scctioii fifteen of chaptcr seventy of the General Statutes 

G.Tch.'70,Ti5l is hereby amended, so that ten dollars for the funeral expenses 

amended. ^f Q2iQ\\ pauper ovcr twclvo ycars of age, and five dollars 

for the funeral expenses of each pauper luider that age, shall 

be paid from the treasury of the Commonwealth. 

Approved March 23, 1867. 

Chcip. 98. ^^ ^^"^ "^O change the time for THE APPORTIONMENT OF THE 
^' ' INCOME OF THE SCHOOL FUND. 

Be it enacted, ^-c, as follows : 

Shall be paid to Tlic third scctiou of the thirtv-sixth chapter of the General 

treasurers of^, . •{ .^ Pii-\r 

cities and towns fetatucs IS hereby amended, so tliat the iiicome oi the Massa- 
january':'^'^"^ chusetts scliool fuud, appropriated to the support of public 



Person trespass- 
ing, treasurer 
may bring action 
for value and 
damage. 



Evidence of so 
taking, how con- 
strued. 



Defendant may 
plead right to 
take. 



Chap. 97. 



1867.— Chapters 99, 100. 531 

schools, which shall have accrued on the thirty-first day of 
December in each year, shall be apportioned by the secretary 
and treasurer in tlie manner provided in said section, and 
paid over by the treasurer to the treasurers of the several 
cities and towns, on the twenty-fiftli day of January there- 
after, instead of the times named in said section; and so g. s^ch. 36, § s, 
mucli of said section as is inconsistent with the provisions of 
this act is hereby repealed. Approved March 23, 1867. 

An Act to incorporate the hingham agricultural and hor- QJiap, 99. 

TICULTURAL SOCIETY. "' 

Be it enacted^ Sfc, as follotvs : 

Section 1. Albert Fearing, DeWitt C. Bates, Joseph H. corporators. 
French, their associates and successors are hereby made a 
corporation by the name of the Hingham Agricultural and 
Horticultural Society, and established in the town of Hing- ' 

ham, for the encouragement of agriculture, horticulture and Purpose, 
the mechanic arts, by premiums and other means, in the 
county of Plymouth ; with all the powers and privileges, and Privileges and re- 
subject to all tbe duties, liabilities and restrictions set forth 
in all general laws wdiich now are or may hereafter be in 
force in relation to such corporations. 

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

Approved Alarck 27, 1867. 



Chap. 100 



An Act concerning the state guard of avorcester. 
Be it enacted, ^'c, as follows : 

Section 1. Nothing contained in chapter two hundred 219 "/ot^^o affect 
and nineteen of the acts of the year eighteen hundred and organization or 
sixty-six, shall affect the right of the company known as the pany"^" ''""^ 
State Guard of Worcester, to maintain its organization as a 
volunteer military association, and to perform such military 
duty as may be prescribed by its by-laws : provided, the offi- ^^^jJ'pXlf "J^'^ 
cers and members of said company shall not be entitled to duty by gover- 
any pay or emolument unless called upon to do military duty "°'^' 
by the commander-in-chief; and provided also, that said shaii furnish owa 

•' 1 11 /• • 1 •. •n • J. outfit and 

company shall lurnisn its own uniiorms, arms, equipments armory. 
and armory free of any cost or charge whatever to the Com- 
monwealth. 

Section 2. Said company may parade in public with company may 
arms, and adopt such by-laws only, for its organization and to approve by- 
government, as shall be approved by the commander-in-chief: dJban'd.*'"^ ""^^ 
and the commander-in-chief may at any time disband the 
said company. 

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

Approved March 27, 1807. 



532 1867.— Chapters 101, 102, 103. 

Chan 101 "^^ ■'^^^ ^''^ RELATION TO THE TAXATION OF LANDS SOLD BY THE 
■t * COMMONWEALTH. 

Be it enacted, Sfc, as folloivs: 
Shall be free of SECTION 1. Ill all cases wliGrG lands belonging to the 
years^unde? Commonwealtli are or have been sold by the commissioners 
dfed'^uni'eslbunt ^^ public lands, and agreements for deeds are or have been 
upon or im- givcn bv Said commissioners, the land shall be free from tax- 

Droved* •/ ' 

ation for the space of three years, unless previously built 
upon or other^vise improved by the purchasers or their 
Shall then be assigus ; aiid upoii the expiration of three years from the 
taxed as If under j^^^ ^^ ^\\c\\ salc, sucli land shall be taxable to the purchas- 
ers thereof or their assigns, in the same manner and to the 
same extent as if deeds of the same had been executed and 
delivered. 

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

' Approved March 28, 1867. 

Chttt). 102 -^^ ■^'^^ CONCERNING THE VINEYARD SOUND RAILROAD COMPANY. 

Be it enacted, Sfc, as follows : 
ch^m'A^tf^Jf Section 1. The time allowed the Vineyard Sound Rail- 
1865, extended, road Coiupany for filing its location and completing the con- 
struction of its railroad, by chapter one hundred and four of 
the acts of the year eighteen hundred and sixty-five, is hereby 
extended so as to allow three years from the passage of said 
act for filing the location, and five years from that time for 
completing the construction of the road. 

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

Approved March 28, 1867. 

Chci'D 103 "^^ '^^^ ^*^ INCORPORATE THE WORCESTER FRUIT-PRESERVING 
' ' COMPANY. 

Be it enacted, ^'c, as folloios: 
Corporators. SECTION 1. Timothy W. Wellington, Benjamin Walker, 

Harrison Bliss, their associates and successors, are hereby 

made a corporation by the name of the Worcester Fruit-Pre- 
Purpose. serving Company, for the purpose of carrying on the business 

of preserving fruits, foreign and domestic, in the city of Wor- 
Priviiegesandre- ccstcr ; with all the powcrs and privileges, and subject to all 
stnctions. ^t^^^ dutics, liabilities and restrictions set forth in all general 

laws, which now are or hereafter may be in force relative to 

corporations. 
Capital stock and SECTION 2. Thc Capital stock of Said corporation shall not 

exceed fifty thousand dollars, which shall be divided into 
May hold real sliarcs of ouc hundred dollars each; and said corporation 
estate. ^^^y. i^q1(J^ fgj, ^\^q purposcs aforcsaid, real estate to an amount 

not exceeding twenty-five thousand dollars, and shall not 



1867.— Chapter 104. 533 

commence business until twenty-five thousand dollars of its condition for 
capital stock shall have been paid in. 

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

Approved March 28, 1867. 



Chap. 104 



An Act to apportion and assess a tax of five million dollars. 
Be it enacted, Sj'c, as follows : 

Section 1. Each town and city in this Commonwealth Assessment of 
shall be assessed and pay the several sums with which they 
stand respectively charged in the following schedule, that is 
to say : 

Suffolk County. — Boston, one million six hundred and counties: 
ninety-four thousand one hundred and fifty dollars ; Chelsea, 
forty thousand two hundred and fifty dollars ; North Chelsea, 
four thousand two hundred dollars ; Winthrop, two thou- 
sand two hundred and fifty dollars. 

Essex County. — Amesbury, nine thousand seven hundred ^sses. 
dollars ; Andover, fourteen thousand two hundred and fifty 
dollars ; Beverly, eighteen thousand three hundred and fifty 
dollars ; Boxford, three thousand two hundred and fifty 
dollars ; Bradford, four thousand five hundred and fifty 
dollars ; Danvers, twelve thousand one hundred and fifty 
dollars ; Essex, five thousand dollars ; Georgetown, four 
thousand four hundred and fifty dollars ; Gloucester, twenty- 
five thousand four hundred and fifty dollars; Groveland, 
three thousand eight hundred and fifty dollars ; Hamilton, 
two tliousand five hundred dollars ; Haverliill, twenty-five 
thousand six hundred and fifty dollars ; Ipswich, eight 
thousand three hundred and fifty dollars ; Lawrence, fifty- 
seven thousand one hundred dollars ; Lynn, fifty-two thou- 
sand one hundred dollars; Lynnfield, three thousand one 
hundred dollars ; Manchester,, four thousand two hundred 
and fifty dollars; Marblehead, thirteen thousand nine hun- 
dred dollars ; Methuen, seven thousand one hundred dollars ; 
Middleton, two thousand one hundred dollars ; Nahant, two 
thousand four hundred dollars ; Newbury, four thousand 
dollars ; Newburyport, thirty-nine thousand dollars ; North 
Andover, nine thousand four hundred dollars ; Rockport, 
seven thousand four hundred dollars ; Rowley, two thousand 
nine hundred dollars ; Salem, seventy-nine thousand eight 
hundred and fifty dollars ; Salisbury, nine thousand one 
hundred and fifty dollars ; Saugus, six thousand six hundred 
and fifty dollars ; South Danvers, nineteen thousand eight 
hundred and fifty dollars ; Swampscott, seven thousand one 
hundred dollars ; Topsfield, three thousand six hundred and 



5U 1867.— Chapter 104. 

fifty dollars ; "Wenliam, two thousand five hundred dollars ; 
West Newbury, five thousand two hundred and fifty dollars. 
Middlesex. Middlesex County. — Acton, four thousand six hundred 

dollars ; Ashby, tvro thousand nine hundred dollars ; Ash- 
land, three thousand eight hundred dollars ; Bedford, two 
thousand six hundred dollars; Belmont, fifteen thousand 
eight hundred and fifty dollars ; Billerica, five thousand six 
hundred and fifty dollars ; Boxborough, one thousand three 
hundred dollars ; Brighton, eighteen thousand five hundred 
dollars; Burlington, two thousand one hundred and fifty 
dollars ; Cambridge, one hundred and twenty-six thousand 
and fifty dollars ; Carlisle, one thousand nine hundred 
dollars ; Cliarlestown, ninety-two thousand four hundred 
dollars; Chelmsford, seven thousand nine hundred dollars; 
Concord, eight thousand three hundred and fifty dollars ; 
Dracut, six thousand dollars ; Dunstable, two thousand 
dollars ; Framingham, fourteen thousand five hundred 
dollars ; Groton, eight thousand five hundred dollars; Hol- 
liston, eight thousand four hundred and fifty dollars ; Hop- 
kinton, nine thousand one hundred and fifty dollars; 
Lexington, eight thousand eight hundred and fifty dollars ; 
Lincoln, three thousand one hundred dollars ; Littleton, 
three thousand three hundred dollars ; Lowell, one hundred 
and three thousand seven hundred dollars ; Maiden, twenty- 
one thousand three hundred dollars; Marlborough, fifteen 
thousand three hundred dollars ; Medford, twenty-six thou- 
sand five hundred and fifty dollars ; Melrose, eight thousand 
nine hundred and fifty dollars ; Natick, ten thousand seven 
hundred and fifty dollars ; Newton, forty-six thousand eight 
hundred and fifty dollars ; North Reading, three thousand 
two hundred dollars; Pepperell, five thousand and fifty 
dollars ; Reading, seven thousand dollars ; Sherborn, four 
thousand four hundred dollars ; Shirley, three thousand six 
hundred and fifty dollars ; Somerville, twenty-eight thousand 
eight hundred dollars ; South Reading, nine thousand four 
hundred dollars ; Stoneham, seven thousand eight hundred 
and fifty dollars ; Stow, four thousand two hundred dollars ; 
Sudbury, five thousand five hundred dollars ; Tewksbury, 
three thousand nine hundred dollars ; Townsend, four 
thousand four hundred and fifty dollars; Tyngsborough, one 
thousand eight hundred and fifty dollars ; Waltham, twenty- 
seven thousand one hundred and fifty dollars; Watertown, 
thirteen thousand nine hundred and fifty dollars ; Wayland, 
three thousand five hundred dollars ; West Cambridge, 
thirteen thousand eight hundred and fifty dollars; Westford, 
five thousand two hundred dollars ; Weston, five thousand 



1867.— Chapter 104. 535 

four hundred and fifty dollars ; Wilmington, two thousand 
nine hundred and fifty dollars ; Winchester, seven thousand 
three hundred dollars ; Woburn, twenty-six thousand two 
hundred and fifty dollars. 

Worcester Count//. — Asburnham, four thousand seven Worcester, 
hundred dollars ; Athol, six thousand five hundred and 
fifty dollars; Auburn, two thousand seven hundred dol- 
lars; Barre, nine thousand four hundred and fifty dollars; 
Berlin, two thousand three hundred and fifty dollars ; 
Blackstone, eleven thousand five hundred and fifty dollars ; 
Bolton, three thousand six hundred and fifty dollars ; Boyls- 
ton, two thousand five hundred dollars ; Brookfield, five 
thousand six hundred dollars; Charlton, five thousand and 
fifty dollars ; Clinton, ten thousand five hundred dollars ; 
Dana, one thousand five hundred dollars ; Douglas, five 
thousand and fifty dollars; Dudley, three thousand nine 
hundred dollars ; Fitchburg, twenty-two thousand nine 
hundred dollars ; Gardner, five thousand four hundred and 
fifty dollars ; Grafton, nine thousand nine hundred and 
fifty dollars ; Hardwick, five thousand seven hundred and 
fifty dollars; Harvard, four thousand nine hundred and 
fifty dollars; Holden, four thousand seven hundred dollars; 
Hubbardston, four thousand and fifty dollars; Lancaster, 
five thousand two hundred and fifty dollars ; Leicester, eight 
thousand five hundred dollars ; Leominster, ten thousand 
three hundred and fifty dollars ; Lunenburg, three^ thousand 
eight hundred and fifty dollars ; Mendon, three thousand 
six hundred dollars ; Milford, twenty thousand three hun- 
dred dollars ; Millbury, seven thousand nine hundred and 
fifty dollars ; New Braintree, two thousand eight hundred 
and fifty dollars; North Brookfield, five thousand nine hun- 
dred dollars ; Northborough, four thousand six hundred and 
fifty dollars ; Northbridge, six thousand two hundred and 
fifty dollars ; Oakham, one thousand nine hundred dollars ; 
Oxford, six thousand four hundred and fifty dollars ; Paxton, 
one thousand seven hundred dollars ; Petersham, three 
thousand seven hundred and fifty dollars; Phillipston, one 
thousand eight hundred dollars ; Princeton, four thousand 
one hundred dollars ; Royalston, three thousand nine hun- 
dred dollars ; Rutland, two thousand nine hundred dollars ; 
Shrewsbury, five thousand four hundred dollars ; South- 
borough, five thousand one hundred and fifty dollars; 
Southbridge, nine thousand four hundred and fifty dollars ; 
Spencer, seven thousand eight hundred and fifty dollars ; 
Sterling, five thousand six hundi»ed and fifty dollars ; Stur- 
bridge, four thousand nine hundred dollars ; Sutton, six 



536 



1867.— CHArxER 104. 



thousand two hundred dollars; Templeton, five thousand 
eight hundred dollars ; Upton, four thousand three liuudred 
and fifty dollars ; Uxbridge, eight thousand six hundred 
dollars ; Warren, five thousand six hundred and fifty 
dollars ; "Webster, six thousand three hundred dollars ; 
West Boylston, four thousand nine hundred dollars ; West 
Brookfield, three thousand eight hundred and fifty dollars; 
Westborough, seven thousand five hundred and fifty dollars ; 
Westminster, four thousand and fifty dollars ; Winchendon, 
six thousand nine hundred and fifty dollars ; Worcester, 
one hundred and two thousand one hundred and fifty 
dollars. 

Hampshire. Hampshire County. — Amherst, nine thousand seven hun- 

dred and fifty dollars ; Belchertown, six thovisand three 
hundred and fifty dollars ; Chesterfield, two thousand one 
hundred and fifty dollars ; Cumraington, two thousand and 
fifty dollars ; Easthampton, eight thousand five hundred 
dollars ; Enfield, three thousand two hundred dollars ; 
Goshen, nine hundred dollars; Granby two thousand six 
hundred dollars; Greenwich, one thousand five hundred 
dollars ; Hadley, six thousand eight hundred dollars; Hat- 
field, seven thousand one hundred dollars ; Huntington, two 
thousand four hundred dollars ; Middlefield, one thousand 
nine hundred and fifty dollars ; Northampton, twenty-four 
thousand six hundred dollars ; Pelham, one thousand two 
hundred and fifty dollars ; Plainfield, one thousand four 
hundred and fifty dollars ; Prescott, one thousand three 
hundred dollars ; South Hadley, five thousand nine hundred 
and fifty dollars ; Southampton, two thousand eight hundred 
dollars ; Ware, seven thousand four hundred dollars ; West- 
hampton, one thousand five hundred and fifty dollars; 
Williamsburg, five thousand eight hundred and fifty dollars ; 
Worthington, two thousand three hundred dollars. 

Hampden. Hampden Coiintij. — Agawam, four thousand five hundred 

dollars ; Blandford, three thousand dollars ; Brimfield, three 
thousand eight hundred and fifty dollars ; Chester, two 
thousand seven hundred dollars ; Chicopee, seventeen 
thousand eight hundred dollars ; Granville, three thousand 
and fifty dollars ; Holland, seven hundred and fifty dollars ; 
Holyoke, thirteen thousand eight hundred and fifty dollars ; 
Longmeadow, five thousand two hundred and fifty dollars ; 
Ludlow, two thousand and six hundred dollars ; Monson, 
seven thousand one hundred and fifty dollars ; Montgomery, 
nine hundred dollars ; Palmer, seven thousand one hundred 
and fifty dollars ; Russell, one thousand two hundred and 
fifty dollars ; Southwick, three thousand three hundred 



1867.— Chapter 104. 537 

dollars; Springfield, seventy-one thousand two hundred and 
fifty dollars; Tolland, one thousand six hundred dollars; 
Wales, one thousand four hundred and fifty dollars ; West- 
field, seventeen thousand six hundred dollars ; West 
Spring-field, six thousand nine hundred dollars ; Wilbraham, 
four thousand nine hundred dollars. 

Franklin County. — Ashfield, three tliousand four hundred Franklin. 
dollars ; Bornardston, two thousand six hundred dollars ; 
Buckland, three thousand three hundred and fifty dollars ; 
Cliarlemont, two thousand one hundred and fifty dollars ; 
Colrain, three thousand six hundred dollars ; Conway, four 
thousand dollars ; Deerfield, six thousand nine hundred 
dollars ; Erving, one thousand and fifty dollars ; Gill, two 
thousand one hundred dollars; Greenfield, ten thousand 
dollars ; Hawley, one thousand five hundred dollars ; Heath, 
one thousand three hundred and fifty dollars ; Leverett, one 
thousand seven hundred dollars ; Ley den, one thousand five 
hundred dollars ; Monroe, five hundred dollars ; Montague, 
three thousand five hundred dollars ; New Salem, two 
thousand one hundred dollars ; Northfield, four thousand 
and fifty dollars ; Orange, three thousand eiglit hundred 
and fifty dollars ; Rowe, one thousand and fifty dollars ; 
Shelburne, four, thousand four hundred and fifty dollars ; 
Shutesbury, one thousand three hundred and fifty dollars; 
Sunderland, two thousand three hundred dollars ; Warwick, 
one thousand six hundred dollars ; Wendell, one thousand 
two hundred dollars; Whately, three thousand six hundred 
dollars. 

Berkshire County. — Adams, eighteen thousand three hun- Berkshire. 
dred dollars ; Alford, one thousand seven hundred and fifty 
dollars ; Becket, two thousand eight hundred and fifty 
dollars ; Cheshire, tlu'ee thousand nine hundred dollars ; 
Clarksburg, eight hundred dollars ; Dalton, four thousand 
eight hundred dollars ; Egremont, three thousand and fifty 
dollars ; Florida, one thousand four hundred dollars ; Great 
Barrington, eleven thousand five hundred and fifty dollars ; 
Hancock, two thousand five hundred dollars ; Hinsdale, four 
thousand three hundred, dollars ; Lanesborough, three 
thousand five hundred and fifty dollars ; Lee, nine thousand 
two hundred dollars ; Lenox, four thousand five hundred 
dollars ; Monterey, one thousand seven hundred dollars ; 
Mount Washington, five hundred dollars ; New Ashford, 
five hundred and fifty dollars ; New Marlborough, three 
thousand five hundred and fifty dollars ; Otis, two thousand 
dollars ; Peru, one thousand two hundred dollars ; Pittsfield, 
thirty-two thousand four hundred dollars ; Richmond, two 
11 



538 1867.— Chapter 104. 

thousand seven hundred and fifty dollars; Sandisfield, three 
thousand four hundred and fifty dollars ; Savoy, one thou- 
sand seven hundred dollars ; Sheffield, six thousand five 
hundred and fifty dollars ; Stockbridge, six thousand six 
hundred and fifty dollars ; Tyringham, one thousand six 
hundred and fifty dollars; Washington, one thousand six 
hundred and fifty dollars ; West Stockbridge, three thousand 
six hundred dollars ; Williamstown, six thousand three 
hundred dollars ; Windsor, one thousand seven hundred 
and fifty dollars. 

Norfolk. Norfolk County. — Bellingham, two thousand seven hun- 

dred dollars ; Braintree, eight thousand nine hundred and 
fifty dollars ; Brookline, fifty-four thousand two liundred 
and fifty dollars ; Canton, eleven thousand four hundred 
dollars ; Cohasset, six thousand two hundred and fifty 
dollars ; Dedham, twenty-four thousand eight hundred 
dollars ; Dorchester, fifty-nine thousand seven hundred dol- 
lars ; Dover, one thousand nine hundred dollars; Foxbor- 
ough, seven thousand one hundred dollars; Franklin, five 
thousand eight hundred dollars ; Medfield, three thousand 
three hundred dollars ; Medway, seven thousand one hun- 
dred and fifty dollars; Milton, nineteen thousand eight 
hundred dollars ; Needham, nine thousand three hundred 
dollars ; Quincy, nineteen thousand eight hundred and fifty 
dollars ; Randolph, fifteen thousand eight hundred dollars ; 
Roxbury, one hundred and thirteen thousand seven hundred 
dollars ; Sharon, three thousand nine hundred and fifty 
dollars ; Stoughton, ten thousand one hundred dollars ; 
Walpole, six thousand one hundred dollars ; West Roxbury, 
forty-eight thousand nine hundred and fifty dollars ; Wey- 
mouth, nineteen thousand seven hundred and fifty dollars; 
Wrenthara, seven thousand seven hundred dollars. 

Bristol. Bristol County. — Acushnet, three thousand five hundred 

dollars ; Attleborough, twelve thousand seven hundred 
dollars; Berkley, one thousand eight hundred and fifty 
dollars ; Dartmouth, twelve thousand four hundred dollars ; 
Dighton, four thousand five hundred dollars; Easton, ten 
thousand two hundred dollars ; Fairhaven, nine thousand 
two hundred dollars ; Fall River, sixty-four thousand six 
hundred dollars ; Freetown, three thousand eight hundred 
and fifty dollars ; Mansfield four thousand five hundred dol- 
lars ; New Bedford, ninety-eight thousand eight hundred 
and fifty dollars; Norton, four thousand seven hundred 
dollars ; Raynhani, five thousand seven hundred and fifty 
dollars; Rehoboth, four thousand three hundred dollars; 
Scekonk, two thousand seven hundred dollars ; Somerset. 



1867.— Chapter 104. 539 

four thousand eight hundred and fifty dollars ; Swanzey, 
four thousand one hundred dollars; Taunton, forty-four 
tliousand two hundred and fifty dollars ; Westport, seven 
thousand nine luuidred and fifty dollars. 

Fhjmonili Counfj/. — Abington, eighteen thousand five Plymouth. 
hundred and fifty dollars ; Bridgewater, ten thousand nine 
hundred dollars ; Carver, two thousand six hundred and 
fifty dollars ; Duxbury, five thousand nine hundred dollars ; 
East Bridgewater, seven thousand one hundred dollars ; 
Halifax, two thousand dollars ; Hanover, four thousand 
one hundred and fifty dollars; Hanson, two thousand seven 
hundred dollars; Bingham, twelve thousand six hundred 
and fifty dollars; Hull, eight hundred dollars; Kingston, 
six thousand seven hundred dollars ; Lakeville, three thou- 
sand two hundred dollars ; Marion, two thousand five hun- 
dred and fifty dollars ; Marshfield, four thousand seven 
hundred dollars ; Mattapoisett, three thousand two hundred 
and fifty dollars; Middleborough, twelve thousond two 
hundred dollars ; North Bridgewater, thirteen thousand five 
hundred and fifty dolUirs ; Pembroke, three thousand four 
hundred dollars ; Plymouth, seventeen thousand and fifty 
dollars ; Plimpton, one thousand eight hundred dollars ; 
Rochester, three thousand one hundred and fifty dollars ; 
Scituate, five thousand one hundred and fifty dollars ; South 
Scituate, four thousand five hundred and fifty dollars ; 
Wareham, five thousand four hundred and fifty dollars ; 
West Bridgewater, five thousand one hundred dollars. 

Barnslable County. — Barnstable, twelve thousand four camstabie. 
hundred dollars ; Brewster, four thousand two hundred dol- 
lars ; Ch.atham, six thousand three hundred and fifty dol- 
lars ; Dennis, six thousand nine hundred dollars ; Eastham, 
one thousand four hundred and fifty dollars; Falmouth, 
seven thousand five hundred dollars ; Harwich, six thousand 
four hundred dollars ; Orleans, three thousand five hundred 
dollars ; Provincetown, eight thousand seven hundred dol- 
lars ; Sandwich, nine thousand two* hundred and fifty dol- 
lars; Truro, two thousand six hundred dollars; AVellfleet, 
four thousand four hundred dollars ; Yarmouth, seven 
thousand six hundred dollars. 

Dukes County. — Chilmark, one thousand nine hundred cukes. 
dollars ; Edgartown, five thousand six hundred and fifty 
dollars ; Gosnold, five hundred and fifty dollars ; Tisbury, 
three thousand nine hundred and fifty dollars. 

Nanliicket County. — Nantucket, twelve thousand one hun- Nantucket. 
dred and fifty dollars. 



540 



1867.— Chapter 104 



Recapitulation of 
counties. 



Treasurer to 
issue warrant. 



■Warrant to re- 
quire issue of 
warrants by se- 
lectmen or asses- 
sors for payments 
to state treasurer. 



Names of treas- 
urers, with sums 
required, to be 
returned. 



Treasurer of 
Commonwealth 
to notify in cafe 
of delinquency. 



RECAPITULATION. 

Suffolk County, one million seven hundred forty thousand 
eight hundred and fifty dollars ; Essex County, four hun- 
dred seventy-six thousand two hundred and fifty dollars ; 
Middlesex County, seven hundred eighty-six thousand and 
fifty dollars; Worcester County, four hundred forty-three 
thousand and five hundred dollars ; Hampshire County, one 
hundred nine thousand and seven hundred dollars ; Hamp- 
den County, one hundred eighty thousand and eight hun- 
dred dollars ; Franklin County, seventy-four thousand seven 
hundred and fifty dollars ; Berkshire County, one hundred 
fifty thousand and four hundred dollars ; Norfolk County, 
four hundred sixty-eight thousand and three hundred dol- 
lars ; Bristol County, three hundred four thousand seven 
hundred and fifty dollars ; Plymouth County, one hundred 
fifty-nine thousand and two hundred dollars ; Barnstable 
County, eighty-one thousand two hundred and fifty dollars ; 
Dukes County, twelve thousand and fifty dollars ; Nantucket 
County, twelve thousand one hundred and fifty dollars. 

Section 2. The treasurer of the Commonwealth shall 
forthwith send his warrant, with a copy of this act, directed 
to the selectmen or assessors of each city or town taxed as 
aforesaid, requiring them, respectively, to assess the sum so 
charged, according to the provisions of the eleventh chapter 
of the General Statutes, and to add the amount of such tax 
to the amount of town and county taxes to be assessed by 
them, respectively, on each city or town. 

Section 3. The treasurer, in his said warrant, shall 
require the said selectmen or assessors to pay, or to issue 
their several warrant or warrants requiring the treasurers of 
their several cities or towns to pay, to the said treasurer of 
the Commonwealth, on or before the first day of December 
in the year one thousand eight hundred and sixty-seven, the 
sums set against said cities or towns in the schedule afore- 
said ; and the selectmen or assessors, respectively, shall 
return a certificate of the names of such treasurers, with the 
sum which each may be required to collect, to the said treas- 
urer of the Commonwealth, at some time before the first 
day of October next. 

Section 4. If the amount due from any city or town, as 
provided in this act, is not paid to the treasurer of the Com- 
monwealth within the time specified, then the said treasurer 
shall notify the treasurer of said delinquent city or town, 
who shall pay into the treasury of the Commonwealth, in 
addition to the tax, such further sum as would be equal to 



1867.— Chapters 105, 106. 541 

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 ti-easurer of the Common- 
wealth, in the supreme judicial court, or before any justice 
thereof, against such delinquent city or town ; and upon 
notice to such city or town, and a summary hearing thereon, 
a warrant of distress may issue against such city or town, to 
enforce tlie payment of said taxes, under such penalties as 
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 March 29, 1867. 
An Act to establish additional terms of the superior court QJi^p^ 105 

FOR the county of NORFOLK. ^ 

Be il enacted, ^'c, as follows: 

Section 1. Terms of the superior court shall be held at First Mondays of 
Pedham, within and for the county of Norfolk, on the first De " for%"mhiai 
Mondays of April, September and December respectively in ^^T.''''''' ^^^'^'' 
each year, for the transaction of the criminal business of said 
county exclusively, except as is provided in section three of 
this act. 

Section 2. The terms of the superior court for said county Fourth Mondays 
now required by law to be held on the third Mondays of Sep- instead of third' 
tember and December respectively in each year, shall be held m<^°'1*J'^- 
on the fourth Mondays of September and December respec- 
tively in each year: and said terms, and the term of said cert^'" .terms tp 

Til 1111 1^ iTiri be tor civil Dusi- 

court now required by law to be held on the lourth Monday ness, except, etc. 
of April in each year, shall be holden for the transaction of 
the civil business of said county exclusively, except as is pro- 
vided in section three of this act. 

Section 3. The term of said court now required by law Term for oivii 
to be held for civil and criminal business on the fourth Mon- businesTtrbe on 
day of April in tliG current year shall be held as heretofore, fo^rtt' Monday of 
anything in this act to the contrary notwithstanding. 

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

Approved Marcli 29, 1867. 

An Act concerning sewers and drains in the city of Worcester. nhny> IQg 

Be it enacted, ^'c, as follows : 

Section 1. The city council of the city of Worcester may city council may 
lay, make and maintain in said city all such drains and com- ^^ *° "^"'^' 
mon sewers as they shall adjudge to be for the public health 
or convenience, and may repair the same, from time to time, 
whenever necessary ; and the said city and the citizens Hi'fs\'ob"e'lam^e''" 
thereof, shall have the same rights, and be subject to the ^^^'^"^"^erG.s., 



54:2 



1867.— Chapter 106. 



Council may fix 
boundaries of 
certain brooks. 



May change 
channels and use 
brooks. 



May take, hold 
and use or re- 
move certain 
other property. 



Damages sus- 
tained, how as- 
sessed in case of 
failure to agree 
upon. 



Estates benefited 
to be assessed 
proportionately. 



How collected if 
not paid upon 
due notice. 



Party aggrieved 
may have jury. 



same liabilities, as if the same had been laid, made or main- 
tained under the provisions of chapter forty-eight of the Gen- 
eral Statutes, except as hereinafter provided. 

Section 2. The city council of said city may fix the boun- 
daries of Mill Brook, Lincoln Brook, Austin Street Brook, 
Hermitage Brook, Piedmont Brook and Pine Meadow Brook, 
with their tributaries ; said brooks being so named as afore- 
said and described in a report to the city council of said city 
by the committee on sewerage, on the second day of October, 
in the year eighteen hundred and sixty-six, and also in a 
plan prepared by A. C. Buttrick, copies of which report and 
plan are herewith presented to be filed with this act in the 
office of the secretary of the Commonwealth ; and said city 
council may alter, change, widen, straighten and deepen the 
channels of said brooks and remove obstructions therefrom, 
and may use and appropriate said brooks, cover them, pave 
and enclose them in retaining walls, so far as they shall 
adjudge necessary for purposes of sewerage, drainage and the 
public health. 

Section 3. The city council of said city may take and 
hold by purchase or otherwise, such land, water rights, dams, 
or other real estate, and so use, alter or remove the same as 
they shall adjudge necessary for the purposes aforesaid. 
And if any person shall sustain damages to his property, by 
reason thereof, and shall fail to agree upon a settlement of 
the same with said city council, the same shall be assessed in 
the same manner, and upon the same principles as damages 
are assessed in the laying out of highways. 

Section 4. Every person owning real estate upon any 
street in which any drain or sewer may be laid under or by 
virtue of this act, and upon the line thereof, or whose real 
estate may be benefited thereby, sliall pay to said city such 
sum as the mayor and aldermen shall assess upon him as his 
proportionate share of the expenditure of the city for drains 
and sewers ; and the sum so assessed upon him shall consti- 
tute a lien upon said real estate for two years after it is 
assessed; and if not paid within ninety days after notice of 
said assessment served upon the owner of said land, or his 
agent, may be levied by a sale of said real estate to be con- 
ducted in the same manner as a sale of real estate for the 
non-payment of taxes. And any person aggrieved by the 
doings of the mayor and aldermen under this section, may at 
any time within three months from receiving notice of any 
assessment, apply for a jury in tlie manner pro^■ided in the 
sixth section of the forty-eighth chapter of the General 
Statutes. 



1867.— Chapters 107, 108. 543 

Section 5. For the pupose of defrayino; the expenses and city council may 

I IT J ID L issue "sewer 

outlays incurred for the purposes aforesaid, or so much scrip " for s?2oo,- 
thereof as they shall sec fit, the city council of the city of after Tenyears." 
Worcester are hereby authorized to issue, from time to time 
scrip, notes, bonds or certificates of debt, to be denominated 
on the face thereof " Sewer Scrip of the City of Worcester," 
to an amount not exceeding two hundred thousand dollars, 
and redeemable in not less than ten years from and after the 
date thereof. 

Section (3. This act shall be void unless submitted to the Act void unless 
voters of said city of Worcester, and approved by a majority Jo^ruy^f vot^er^of 
of those voting at ward meetings held simultaneously, in said <^'ty '''f'^'" y^'"'^- 
city in the several wards, within one year from the passage 
of this act, which meetings shall be called in the same man- 
ner as other legal meetings of said wards, and for the pur- 
pose of voting upon the approval of this act, either solely or 
with other legal purposes. Approved March 29, 1867. 



An Act to ixcokporate the springfield city hospital. CIiav.K)! 

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

Section 1. Albert D. Briggs, Orric H. Greenleaf, Samuel corporators. 
G. Buckingham, their associates and successors, are hereby 
made a corporation by the name of the Springfield City Hos- 
pital, for the purpose of establishing and maintaining in the 
city of Springfield, a hospital for the care of the sick and dis- 
abled ; with all the powers and privileges and subject to all ftSn?.''"'^'"^' 
the duties, restrictions and liabilities set forth in all general 
laws that now are or hereafter may be in force and appli- 
cable to such corporations. 

Section 2. Said corporation may make such by-laws, corporation may 
rules and regulations as it may deem expedient for fixing the ^''d ruies'foTits 
conditions of membership, for the election or appointment of gOTemment. 
trustees, and in general for the management of its affairs and 
for carrying out the objects of the corporation. 

Section 3. Said corporation may receive and hold per- May hoid estate 
sonal and real estate to an amount not exceeding one hun- 
dred and fifty thousand dollars, the use and income of which 
shall be devoted to the purposes of the organization. 

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

Approved March 29, 18G7. 



and use income. 



ChajJ.lOS 



An Act to authorize the seamen's friend society to hold 
additional real and personal estate. 

Be it enacted, .Vc, as follows : 

Section 1. The Seamen's Friend Society is hereby author- May have siio,- 
ized to hold real and personal property, in addition to what ^^^ a^i'^'t'o^'*'- 



5U 1867.— Chapters 109, 110, 111. 

is now authorized by law, to an amount not exceeding one 
hundred and ten thousand dollars. 

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

Approved March 29, 1867. 

Chan 109 "^^ ■^^^ ^^ incorporate the saint john's hospital, in the city 

"' OF LOWELL. 

Be it enacted, ^r., as follows: 

Corporators. Auu Alcxis Shorb, Auu Aloysia Reed, Emerentiana Bow- 

den, Ann Vincent McCloskj, Blandina Davaux, Mary Fran- 
ces Quirk, Mary Oswald Spalding, their associates and suc- 
cessors, are hereby made a corporation by the name of Saint 
John's Hospital, for the purpose of maintaining a hospital in 

Privileges and re- the city of Lowcll for thc sick and disabled; with all the 
powers and privileges, and subject to all the duties, liabilities 
and restrictions set forth in the general laws which now are 
or hereafter may be in force relating to such corporations : 

May hold estate, and for the purposc aforesaid said corporation may hold real 
and personal property to an amount not exceeding one hun- 
dred and fifty thousand dollars. Approved March 29, 18Q7. 

CIuiV 110 "^^ -^^^ ^^ incorporate the union agricultural and horti- 
' * cultural society. 

Be it enacted, ^-c, as follows: 

Corporators. SECTION 1. Euos W. Boisc, Howard P. Robinson, Henry 

A. Blair, their associates and successors are hereby made a 
corporation by the name of the Union Agricultural and Hor- 

Location. ticultural Socicty, and established in the town of Blandford, 

for the encouragement of agriculture, horticulture and the 
mechanic arts by premiums and other means, in the county 

Privileges and re- of Hampdcu ; witli all tlic powcrs and privileges, and subject 

strictions. ^q r^^l thc dutics, liabilities and restrictions set forth in all 

general laws which now are or may hereafter be in force in 
relation to such corporations. 

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

Approved March 29, 1867. 

An Act to authorize the town of marblehead to grant its 

CREDIT to the MARBLEHEAD AND LYNN RAILROAD COMPANY, 

Be it enacted, ^^c, as follows : 

May grant credit Section 1. Tiic towu of Marblelicad is hereby authorized 
in stock of com- to grant its credit in aid of tlie Marblehead and Lynn Rail- 
$5ofoba ^""^ °^ road Company, or to subscribe for and hold shares in the 

capital stock of said railroad company to an amount not 
Proviso: voters cxcecding fifty tliousaud dollars: provided, the inhabitants 
shall authorize, of Said towu at a legal meeting duly called for that purpose, 

shall, by a vote of two-thirds of the legal voters present and 



Chaj). in 



1867.— Chapters 112, 113. 545 

voting tlieroon, vote to grant its credit in aid of said railroad, 
or to subscribe for such shares of said capital stock, and pay 
for the same out of the town treasury, and to hold the same 
as town property, subject to the disposition of the town for 
public purposes, in like manner as any other property ■ which 
it may possess. 

Section 2. Said town of Marblehead is hereby authorized Town may raise 
to raise by loan or tax, any sums of money, which shall be Toarortax.^ 
required, to pay its instalments on its subscriptions to said 
stock and interest thereon, or in payment of any bonds of 
said town issued in aid of said railroad company. 

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

Approved March 29, 1867. 



Chap. 112 



An Act requiring the eastern railroad company to erect a 
station-house in chelsea, and for other purposes. 

Be it enacted, ^'c, as follows : 

Section 1. The Eastern Railroad Company is hereby shaii abandon 

., . ■, -, • 1 , 1 1 -j^ iii- 1 station at Maiden 

authorized and required to abandon its present station-house st. and erect new 
at Maiden street crossing in the city of Chelsea, and shall, beforefirsfja'^n.*!' 
before the first day of January eighteen hundred and sixty- '^^■ 
eight, erect and maintain a new station-house between Cedar 
street crossing and Washington Avenue bridge, in said Chel- 
sea, reasonably commodious, for the use of passengers, 
together with sufficient platforms, and containing a ticket 
office and separate apartments for ladies and gentlemen ; and May take land for 

ji -i-n Ti'i Tz-i •! 1 1-T, ^^'^^ purpose. 

the said Eastern Kailroad Company is hereby autliorized to 
take such land as may be necessary for the erection of said 
station-house with proper approaches thereto, and to connect 
with their railroad in both directions, under the provisions of 
the statutes authorizing railroad corporations to take land 
for the construction of railroads : provided, that no part of Proviso, 
said extension shall reach within twenty feet of Union Park, 
so-called, in said Chelsea. 

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

Approved March 29, 1867. 

An Act to incorporate the india mutual insurance company, nj^f.^^ i i Q 
Be it enacted, §'c., as follotvs : ^ 

Section 1. Charles J. Morrill, Benjamin K. Hough, corporators. 
Charles 0. Whitmore, their associates and successors, are 
hereby made a corporation by the name of the India Mutual 
Insurance Company, in the city of Boston, for the purpose of Location, 
making insurance against maritime and fire losses, on the 
mutual principle; with all the powers and privileges, and Privileges and re- 
subject to all the duties, liabilities and restrictions set forth ^'"'"""'^°- 

12 



546 1867.— CHArTERs 114, 115. 

in all general laws which now are or hereafter may be in 
force relating to such corporations. 

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

Approved March 29, 1SG7. 
Chan 114 ^^ ^^^ ^^ authorize the east boston gas company to inchease 

■^ ■ ITS CAPITAL STOCK. 

Be it enacted, ^'c, as follows: 
Mayaddsioo,. SECTION 1. Thc East Boston Gas Company is hereby 
capitai!"^*^^*^" authorized to increase its capital stock by an amount not 
exceeding one hundred thousand dollars, in shares at twenty- 
five dollars each. 

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

Approved March 29, 18G7. 



Chap. 115 



An Act to incorporate the pentucket navigation company. 
Be it enacted, Sj-c, as folloivs : 

Corporators. SECTION 1. Benjamin F. Butler, John Nesmith and Dcwitt 

C. Farrington, their associates and successors, are hereby 
made a corporation by the name of the Pentucket Naviga- 

rurpose. tion Company, for the purpose of improving the navigation 

of Merrimac River between its mouth and the line of the 

Privileges and re- statc, and freighting merchandise and other freight ; with all 
the powers and privileges and subject to all the duties, liabili- 
ties and restrictions set forth in all general laws which now 
arc or may hereafter be in force relating to such corpora- 
tions. 

May deepen SECTION 2. Said corporation, for the purpose aforesaid, is 

channel of Mem- , , i • n -i i i i p • n • i i_ 

mac river and hcreuy authorizcd to deepen the channel oi said river by cut- 
w'i^htocksTn "' ting down and removing any gravel, ledges, bars, rocks or 
l^trotherTaiu ' ^^^'^^'^^ ^"^^^ obstructious iu the bed thereof, and to erect in 
roads. said river, and upon the shores and banks thereof, suitable 

booms, piers, abutments and breakwaters, and to make locks 
and canals, and if need be railway portages around the falls 
and rapids, and thereby to make connections with other rail- 
roads for tlie distribution of freight, thus to afford facilities 
to promote navigation, and to make suitable approaches to 
Shall have pow- said rlvcr : provided^ that in laying out and constructing such 

ers and be under ., , i i • x- -ii j.i M 

duties of railroad railway portagcs, and making connections with other rail- 
frra°s'ml7app'y. I'oads, Said corporation shall have all the powers, rights and 
privileges, and be subject to all the restrictions, liabilities and 
duties set forth in the general laws which now are, or may 
hereafter be, in force relating to railroad corporations, so far 
as the same may be applicable. 
Corporation hay- Section 3. Whcu the Said corporation shall have so 

ing made certain , i i n i i j. r 

navigation f=afe, improvcd tlic navigation of said river, tliat loaded boats oi 
shall have right |;^ejj^y.f^yQ ^q^^ burdcu, in ordinary stages of the water, 



1867.— Chapter 115, 547 

can pass and repass with safety between the city of Newbury- ofsamefortwen- 

T . f ,^ •, c T 11 1 TT J.5 ty-five years. 

port and any part of the city of Lowell above Hunt s 
Falls, then this corporation, in consideration of the improve- 
ments so made, and to indemnify it for its expenses in this 
behalf, shall have the exclusive right of navigating said river 
with boats, propelled by machinery, for transportation, by 
towage or otherwise, of coal, merchandise and other articles 
of freight or passengers, from Mitchell's Falls, which is the 
head of tide-water, to the cities of Lawrence and Lowell, for 
the term of twenty-five years from the passage of this act. 
But this right of exclusive navigation shall be limited from Right limited un- 
tlie head of tide-water to the city of Lawrence until this cor- pabieaboye 
poration shall have made the river navigable as aforesaid to lo"w"cu/'*'^'' ''' 
any points within the city of Lowell above Hunt's Falls : 
provided, that nothing in this act contained shall be con- rrovisos. 
strued to authorize said corporation to obstruct the floating 
of logs, rafts or lumber in said river, or the navigation thereof 
by small boats and scows, or any vessel not propelled, 
towed or drawn by a vessel propelled by machinery ; pro- 
vided, also, that no property or legal right of any person shall 
be taken or impaired by said corporation without compensa- 
tion, to be recovered in the manner provided for recovering 
damages for land or other property taken or used for the 
construction of railroads. 

Section 4. Nothing in this act contained shall enlarge or Act not to afreet 
restrict the rights of any person claiming under it, to navi- a'/oundBodweu's 
gate the canals around Bodwell's Falls or Pawtucket Falls, p^us'^^'aterupon 
or shall authorize the raising of the water \ipon Hunt's Falls, iiuut'sFaiis, or 
or the making of a canal around Bodwell's or Pawtucket Essex co., or ia 
Falls, or the interference in any manner, than what is now canaL.^"*^ 
authorized by law, with the dams, or locks, or water-power 
of the Essex Company, or of the Proprietors of the Locks 
and Canals in Merrimac River, or of their respective grantees, 
for the purpose of navigating said river and canals. If any change in bridge, 
change authorized by law in any bridge shall be required to made!""^'^ ' 
enable the corporation hereby created to carry out the pow- 
ers herein conferred, the same shall be made under the 
direction of three commissioners appointed by the supreme 
judicial court. And the supreme judicial court, sitting in s. j. court may, 
equity, upon the application of any party interested, may prl^cr^be^reguia- 
prescribe such regidations as to the changes, kind, heights anS'^canl"!'"'^^'^^ 
and construction of the bridges and navigation of the canals, 
as they shall deem proper, and the expenses thereof shall be 
assessed by the court upon the parties liable therefor ; and ^^^y appoint 
for this purpose, the court may appoint three commissioners, 



commissioners. 



548 1867.— Chapter 115. 

who shall examnie and report to the court upon the whole 

matter. 
Motive power in SECTION 5. The motive power used by said corporation 
inTspee*d!^cUy"' upou all tracks laid by them within the streets of the city of 
may direct. Lowcll, and the location thereof, and the rate of speed 

thereon, may be determined and controlled l)y any ordinance 
Corporation i!a- of Said city. Said corporation shall be liable to the said city 
to^cfty!"^**'*"^'"^ for all loss or damage thereto, caused by the construction 

and use of any railroad tracks over and along the streets of 

said city, whicb may be laid by such corporation, or by the 
City council, ncgligeiice of their agents and workmen. And the city 
powers of. couucil of Lowcll may have and exercise, in respect to said 

tracks, all the powers given by law to county commissioners 

in relation to railroad corporations. 
Corporation may SECTION 6. Said Corporation may charge reasonable tolls 

fix tolls for boats, «., pi. nii ^ • • i i. P 

subject to legis- for the use of boats propelled by machinery in such parts oi 

lature. g^j^ rivcr as they may have the exclusive right to navigate ; 

but the rate of tolls shall always be within the control of the 

In case shall not lecrislature : and in the event that this corporation shall not 

use river, other ~ ^ . ^ , . 

party may, upon cxcrcise tlic right of iiavigatiiig this river by its own trans- 

paymen o to . ^^^,^^^ -^ gj^j^jj jj^^jq^ ^jjq boats or trausports of any other party 

to use and enjoy this right, upon the payment of the required 

Corporation may ^q11_ ^jj^j ^q p-ivc effcct to the ridits hcrciu conferred, and 

dispose of wood o n ■• • .i ••ii 

and coal con- to promotc tlic purposc 01 tliis act, said corporation is hereby 
transports!^"^ autlioi'ized to dcal with and dispose of such wood and coal 
as may have been conveyed by them in their own transports, 
from the head of tide-water to different points above on the 
Proviso: shall rivcr : provided, that this privilege shall not impair the obli- 
offered^." '^^^^ ' gatiou of Said corporation to receive and carry, for a reasona- 
ble compensation, all the freight and mercliandise which may 
be offered to them for transportation, so long as they run 
boats of their own. 
Capital stock. SECTION 7. The Capital stock of said corporotion, to be 

invested in such real and personal estate as may be neces- 
sary and convenient for the purposes aforesaid, shall not 
exceed tlie sum of three hundred thousand dollars, to be 
Shares. divldcd iiito shares of one hundred dollars each : and said 

Conditions of . in-ii i- • t 

corporate action, corporation shall iieithcr commcnce business nor incur lia- 
bility till fifty thousand dollars, or, in case its capital shall 
be fixed at more than two hundred thousand dollars, one- 
quarter part of such capital has actually been paid in, in 
cash. 
Act to be void Section 8. This act shall be void, unless within three 
tons may pass ycars froiii tlic passagc thereof the said corporation shall 
withfn thre"*' have so improved the navigation of said river that it shall be 
years. navigablc, at the ordinary stages of the water, for loaded 



1867.^Chapters 116, 117, 118. 549 

boats of at least twenty-five tons burden between the foot of 
Hunt's Falls and Newburyport. 

Section 9. Said corporation is prohibited from transfer- Transferor char- 

. 1 n ^ • 1 r ■ • i.1 • \ I. ^^^ prohibited. 

ring its cliartcr and irancnise, and irom assigning the rigiits 
and privileges hereby granted. 

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

Approved April 1, 1867. 
An Act to incorporate the marshfield agricultural and Chop. 116 

HOUTICULTURAL SOCIETY. 

Be it enacted, S^~c., as follows : 

Section 1. George M. Baker, Robert H. Moorehead, John corporators. 
Baker, their associates and successors, are hereby made a 
corporation by the name of the Marshfield Agricultural and 
Horticultural Society, and established in the town of Marsh- 
field, for the encouragement of agriculture, horticulture and 
the mechanic arts, by premiums and other means, in the 
county of Plymouth ; with all the powers and privileges, and rriviieges and re- 
subject to all the duties, liabilities and restrictions set forth 
ill all general laws which now are or may hereafter be in 
force in relation to such corporations. 

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

Approved April 2, 1867. 
An Act to incorporate the Worcester north-west agricultu- Q/i(n), 117 

RAL AND mechanical SOCIETY. ^ 

Be it enacted, Sj'c, as follows: 

Section 1. Joseph Cobb, John Kendall, Calvin Kelton, corporators. 
their associates and successors, are hereby made a corpora- 
tion by the name of the Worcester North- West Agricultural 
and Mechanical Society, and established in the town of Location. 
Athol, for the encouragement of agriculture, horticulture and 
the mechanic arts, by premiums and other means, in the 
county of Worcester ; with all the powers and privileges, and Privileges and re- 
subject to all the duties, liabilities and restrictions set forth 
in all general laws which now are, or may hereafter be in 
force in relation to such corporations. 

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

Approved April 2, 1867. 

An Act to incorporate the lenox water company. Chan 1 1 S 

Be it enacted, /fc, as follows : 

Section 1. Henry W. Taft, Andrew J. Waterman, Wil- corporators. 
liam 0. Curtis, their associates and successors, are hereby 
made a corporation by the name of the Lenox Water Com- 
pany, for the purpose of supplying the inhabitants of Lenox 
with pure water; with all the powers and privileges, and rtrirticfnl.''"'^"" 



550 1867.— Chapter 118. 

subject to all the duties, restrictions and liabilities set forth 
in all general laws which now are or hereafter may bo in 
force relating to such corporations. 
May hold real and SECTION 2. Said corporatiou may, for the purposes afore- 
persona es a e. g^j^j^ j^^^^ ^.^^^ ^^^^ pcrsoual cstatc, uot excccding in amount 
Capital stock and forty tliousaud dollars ; and the whole capital stock shall not 
exceed fifty thousand dollars, to be divided into shares of 
one hundred dollars each, 
corporationmay SECTION 3. Said corporatiou may purchase, hold and con- 
in" o Tinage°o7*^ vey to, into and through the village of said town of Lenox, 
water"anThoid tlic watcr of any spring or springs or of any natural pond or 
land upon uiar- ponds wiUun Said town of Lenox, and may talce and hold 
real estate necessary for laying and maintaining aqueducts 
and reservoirs, and may purchase and hold land around the 
margin of any such spring or pond to an extent not exceed- 
shaiifiiedpscrip- j^o" Quc acrc to cach spring or oond so taken. Said com- 

ti.iu in registry ^^ .,. • t n 

Of deeds. pauy sliall, witluu Sixty days irom the time of taking any 

lands, ponds or springs, as before provided, file in the office 
of the registry of deeds in the middle district of the county 
of Berkshire, a description of the lands, springs or ponds so 
taken, as certain as is required in a common conveyance of 
land, and a statement of the purpose for which taken, signed 
by the president of said company. 

May make aque- SECTION 4. Said corporatioii may make aqueducts from 

ducts, reservoirs • i i i i^ ^ 

and hydrants, auy sourccs auovc mcntioncd tlirough any part oi the town 

and distribute c r i • x • ai i -i i i i 

water thro' town. 01 Lciiox, and may maintain the same by suitable works, 
may make reservoirs and hydrants, and may distribute the 
water throughout said town and village by laying down 

May open high- ijipes, aiid may establish the rents therefor. And said cor- 

ways under di- i-j^xi o -i x tt- 

rectiou of select- poratioii, for thc purposcs aioresaid, may enter upon and dig 

™^°- up any road, under thc direction of the selectmen of tlie 

town of Lenox, in such manner as to cause the least hinder- 

ance to the travel thereon. 

Damages sus- SECTION 5. All daiiiagcs sustalncd by taking land, water 

termiu'edTnd''re- or watcr-riglits. Or by making aqueducts, reservoirs or other 

covered. works. sliall bc ascertained, determined and recovered, in 

the manner now provided by law in case of land taken for 

highways. 

Penalty for ma- SECTION 6. Auy pcrsoii wlio sliall maliciously divert the 

or corrupting^o'f watcr, or auy part thereof, of the sources which shall be 

tlfworts'^or'irop- takcu by said corporation pursuant to the provisions of this 

*'''y- act, or who shall corrupt the same, or render it impure, or 

who shall maliciously destroy or injure any dam, reservoir, 

aqueduct, pipe or hydrant, or other property held, owned or 

used by said corporation for the purposes of this act, sliall 

pay three times the amount of actual damage to the said 



1867.— CHArTER 118. 551 

corporation, to be recovered by any proper action ; and every 
such person, on conviction of either of the malicious acts 
aforesaid, may be punished by fine not exceeding one hun- 
dred dollars, and imprisonment not exceeding six months. 

Section 7. The town of Lenox may at any time purchase Town may take 
or otherwise take the franchise of said corporation, and all be"agreed ; or"a7 
its corporate property, at such price as may be agreed upon shaiuwarr'^^ 
between the parties ; and in case the parties cannot agree 
upon the price, the supreme judicial court, or any justice 
thereof, upon application of either party, shall appoint three 
commissioners to award what sum said town shall pay for 
such franchise and its corporate property, which award shall 
be. final. 

Section 8. For the purpose of defraying the cost of such May issue "water 
franchise and corporate property as shall be purchased for ceedi'ng »50,ooo, 
the purposes aforesaid, the town of Lenox shall have author- mZ^^e^'han twln- 
ity to issue, from time to time, notes, scrip or certificates of ty years, 
debt, to be denominated on the face . thereof " Lenox Water 
Scrip," to an amount not exceeding fifty thousand dollars, 
bearing interest payable semi-annually, and the principal 
shall be payable at periods not more than twenty years from 
the issuing of the said scrip, notes or certificates respec- 
tively ; and said town may sell the same, or any part thereof, Mayseii same, 
from time to time, at public or private sale, for the purpose 
aforesaid, on such terms and conditions as the said town shall 
deem proper. Said town is further authorized to make Mayannuaiiy 

... ^ n J • J J • 1 , as.'sess certain 

appropriations and assess irom time to time such amounts sum to pay prin- 
not exceeding in any one year the sum of five thousand dol- ^^p^-i a^a mter- 
lars, towards paying the principal of the money so borrowed, 
and also a sum sufficient to pay the interest thereon, in the 
same manner as money is assessed and appropriated for 
other town purposes. 

Section 9. In case the town of Lenox shall purchase the Town purchasing 
property, rights and privileges of the corporation hereby property, may 
established, said town shall exercise all the rights, powers to minag^""" 
and authority, and be subject to all the restrictions, duties 
and liabilities herein contained, in such manner, and by such 
officers, servants and agents as the town shall from time to 
time ordain, appoint and direct. And said town shall be shaii be liabie for 
liable to pay all damages occasioned by the diversion of any by'cofporatioa^."* 
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 10. This act shall take effect upon its passage. 

Approved April 2, 1867. 



55C 1867.— Chapters 119, 120, 121. 

Ohnn 1 1 Q ^^ ^^^ ^^ INCORPORATE THE WYOMING HOTEL COMPANY. 

■^ De it enacted, §'c., as folloivs : 

"Corporators. SECTION 1. Cliarles Copelaiid, George W. Heath, Daniel 

Russell, their associates and successors, are hereby made a 
corporation, by the name of tlie Wyoming Hotel Company, 

Purpose. for the purpose of erecting a public house to be located in 

Melrose, and maintaining such public house, with the build- 

Priviiegesandre- ings aud improvements connected therewith; with all the 
powers and privileges, and sul)ject to all the duties, liabili- 
ties and restrictions contained in all general laws, which now 
are or may hereafter be in force and applicable to such cor- 

Proviso. porations : provided, hoivever, 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. 

Capital stock and SECTION 2. The Capital stock of said corporation shall not 

shares. cxcccd two huudrcd thousand dollars, and shall be divided 

May hold estate, iuto sliarcs of 0110 liuiidred dollars each ;' and said corpora- 
tion may hold real and personal estate to the value of two 
hundred thousand dollars, for the purpose mentioned in the 

Proviso. first section : provided, lioivever, that said corporation shall 

not incur any liability until the sum of fifty thousand dollars 
has been paid in, in cash. 

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

Approved April 2, 18G7. 

Chat) 120 "^^ ^^^ ^^ RELATION TO THE WINTHROP RAILROAD COMPANY. 

Be it enacted, ^"c, as follows: 
Corporate fnnc Section 1. All the ri2;hts, privileo;es, liabilities, duties and 

tions uutlcr 3.ct of o ' i o ^ ' 

1801, revived, rcstrictious granted to or imposed upon the Winthrop Rail- 
road Company, by chapter eighty-nine of the acts of the year 
eighteen hundred and sixty-one, and all subsequent acts in 
relation thereto, subject to any modifications made by any 
general law relating to horse railways, are hereby revived ; 
Time for action aiid tlic time for acccptiug, locating and constructing said 
june,'^i869? ^"^^^ railroad is hereby extended to the first day of June, in the 
year eighteen hundred and sixty-nine. 

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

Approved April 2, 1867. 

Chat) I'^l -^^ -^^^ CONCERNING CERTAIN MANUFACTURING CORPORATIONS IN 
^ ' ^ THE CITY OF FALL RIVER. 

Be it enacted, ^"c, as follows: 
Any ten named, Section 1. Tlic Fall Rivcr Iroii Works Company, the 
^hiract^may"^ Aincricau Print Works, the Granite Mills, the Troy Cotton 
.Tsura'nce'""'"''' and Wooleu Manufacturing Company, the Fall River Manu- 
against loss by factory, the Union Mill Company, the Pocasset Manufactur- 
ing Company, the Annawan JManufactory, the Massasoit 



1867.— Chapter 122. 553 

Steam Mill, the Watuppa Manufacturing Company, the Fall 
Eiver Print Works, the Robeson Mills, the American Linen 
Company, the Durfee Mills and Tecumseh Mills, or so many 
of the same as shall accept the provisions of this act as pro- 
vided in section three, the same being manufacturing corpo- 
rations, engaged in business in the city of Fall River, are 
hereby authorized and empowered to enter into contract with 
each other respecting mutual insurance against loss or dam- 
age by fire, of the property of each and all of said corpora- 
tions situated in the city of Fall River ; and to adopt such 
rules and regulations as they may deem just and expedient 
for this purpose. 

Section 2. Said corporation shall annually, on or before corporation so 
the second Monday of November, make to the treasurer of Iss^sLentrto"' 
the Cou^monwealth a return, signed and sworn to by the anT^pTy °t ax^'ol- 
president and secretary of each of said corporations, of all o°e per ceat. per 

Til 11 •• o ^ • J. annum. 

assessments made by them under the provisions oi this act, 
and shall pay to the treasurer aforesaid a tax of one per cent. 
per annum on all said assessments. Any one of said corpo- Penalty if com- 
ratioiis neglecting to make the returns and pay the taxes l^y^ "' 
provided for in this section, shall be liable to tl^ penalties 
provided in the ninth and eleventh sections of the two hun- 
dred and twenty-fourth chapter of the acts of the year eight- 
een hundred and sixty-two. 

Section 3. This act shall take effect when ten of the cor- Act in force when 
porations named in the first section shall have accepted the three-folin^hs of 
same by a vote of three-fourths of the stockholders in each, stockholders. 
at meetings called for that purpose ; and any other corpora- other corpora- 
tion engaged in manufacturing business in said city of Fall as°sociaaon.°"^ 
River, may join said contracting corporations by a vote of 
three-fourths of its stockholders. Approved April 2, 1867. 

An Act making additional appropriations for certain expen- QJidn, 122 

DITURES AUTHORIZED IN THE YEAR EIGHTEEN HUNDRED AND -^ * ^ 

sixty-six, and PREVIOUS YEARS, AND FOR OTHER PURPOSES. 

Be it enacted, §'c., as follows: 

Section 1. The sums hereinafter mentioned are appropri- Appropriations 
ated to be paid out of the treasury of the Commonwealth, «"^'^°'^™'i- 
from the ordinary revenue, except in cases otherwise ordered, 
for the purposes specified herein, to wit : 

legislative department. 
For printing blanks and circulars, and the calendar of Printing blanks 
orders of the day, for the use of the senate, a sum not exceed- orderstsTnaTe 
ing fifty-nine dollars and ninety cents ; and for the use of R^es.'isset'Ti. 

13 



554 



1867.— Chapter 122. 



stationery, house 
Res. 1856, 74. 



Books, printing, 
etc., sergeant-at- 
arma for legisla- 
ture. 
G. S. 14. 
Contingents, 
senate, house and 
capitol. 
G. S. 14. 

Restrictions. "; 



Committee on 
salaries, of 1866, 
expenses. 



the house, a sum not exceeding one hundred and thirty dol- 
lars and fifty-eight cents. 

For stationery for the house of representatives, purchased 
by the clerk of the house of representatives, a sum not exceed- 
ing one hundred and seventy-five dollars. 

For books, stationery, printing and advertising, ordered by 
the sergeant-at-arms for the legislature, a sum not exceeding 
one hundred and twenty-two dollars and twenty-five cents. 

For the contingent expenses of the senate and house of 
representatives, and necessary expenses in and about the state 
house, a sum not exceeding four hundred and eighty-eight 
dollars and twenty-five cents, subject to the restrictions pro- 
vided for the expenditure of the appropriation for similar 
expenses for the present year. 

For the compensation and expenses of the joint special 
committee on salaries, of the legislature of the year eighteen 
hundred and sixty-six, a sum not exceeding three thousand 
six hundred dollars. 



STATE HOUSE, 

Repairs and fur- For rcpairs, improvcments and furniture of the state house, 
niture, capitol. ^ ^^^^^^ ^^^^ Sxcccding thrcc thousand two hundred and fifty- 
one dollars and forty-three cents. 
Fuel and lights. For fucl and lights for the state house, a sum not exceeding 
nine hundred and eighty-one dollars and seventy-three cents. 



Printing public 
documents of '66. 



Publishing bank 
returns. 

Industrial statis- 
tics, printing. 



Laws of Province 
Mass. Ba}', pub- 
lication ; balance 
for re-appropriat- 
ed. 



STATE PRINTING. 

For printing the public series of documents for the year 
eighteen hundred and sixty-six, a sum not exceeding three 
thousand dollars. 

For the publication of bank returns, a sum not exceeding 
one hundred dollars. 

For printing the abstract of industrial statistics, a sum not 
exceeding one hundred and thirty-nine dollars and forty-six 
cents. 

The balance of the appropriation made in accordance with 
the provisions of chapter forty-three of the resolves of the 
year eighteen hundred and sixty-five, relating to the publi- 
cation of the statutes and laws of the province of Massachu- 
setts Bay, and amounting to two thousand two hundred and 
seventy-four dollars and five cents, is hereby renewed for the 
same purpose ; said appropriation having expired by limita- 
tion of statute. 



AGRICULTURAL DEPARTMENT. 

Board of agricui- For the pcrsoual expenses of members of the board of agri- 
members. ^ culture, a sum not exceeding two hundred and five dollars 
and sixty-three cents. 



1867.— Chapter 122. 555 

For incidental expenses of the board of agriculture, a sum incidental. 
not exceeding fifty dollars. 

MILITARY DEPARTMENT. 

For the incidental expenses and express charges of the Adjutantgen- 
adjutant-general, a sum not exceeding one hundred and fifty ^^^ ' ®^p®°^^- 
dollars. 

For the bureau of the surcreon-sreneral, a sum not exceed- surgeon-generaj, 

Ti 1 in IP 1 expenses. 

mg one hundred and twenty-one dollars and lorty-three 
cents. 

For military accounts of the year eighteen hundred and MiHtaryaccountg 

*' T , 1° ^ • ^ J. ^ ii of 186b and pre- 

sixty-six, a sum not exceeding three thousand eight luinarecl vious years. 
dollars ; and for previous years, sixty-eight dollars and fifty- 
five cents, the latter having been heretofore allowed on war- 
rants of the governor and council, but remaining uncalled 
for during the time within which payment is limited by 
statute. 

For rent of armories, a sum not exceeding one thousand Rent of armories. 
nine hundred and ten dollars and fifty-two cents. 

For military elections, a sum not exceeding one hundred ^^Hg^'^ *^^°' 
dollars. 

For stone furnished for the state arsenal at Cambridge, a state arsenal, 
sum not exceeding one hundred and sixty-eight dollars and 
thirty-seven cents, which shall be allowed and paid. 

For a fire-proof safe purchased for the use of the bureau Fire-proof safe, 
of the paymaster-general, a sum not exceeding one hundred Irlu'^"^''^'"^ 
and thirty dollars, which shall be allowed and paid. 

For the compensation of officers and soldiers called out Payofsoidiers 

T , i,, I'l-ppii • called to suppress 

under orders oi the commander-m-chiet tor the suppression riotinises. 
of the riot in the month of July, in the year eighteen hun- 
dred and sixty-three, a sum not exceeding four hundred 
dollars, which shall be allowed and paid, the same having 
been heretofore allowed on a warrant of the governor and 
council, but remaining uncalled for during the time within 
which payment is limited by statute. 

For the compensation of officers and soldiers who performed ^y{^°t^"'*1„y 
duty at the May inspection, in the year eighteen hundred and spection inises. 
sixty-five, a sum not exceeding four thousand five hundred 
dollars, as provided in chapter two hundred and seventy of 
the acts of the year eighteen hundred and sixty-six. 

The balance of the appropriation made in chapter two Quartermaster's 
hundred and ninety-nine of the acts of the year eighteen of Tsgs' for'' t'o"'^^ 
hundred and sixty-six, for quartermaster's supplies, is hereby *PP'y- 
made applicable for the same purpose during the present 
year. 



556 1867.— Chapter 122. 

charitable. 
Rainsford Island ^ov cxpenses of tliG liospital at Eainsford Island, a sum 
penses. ' not Gxceeding four hundred and fifty dollars. 

Almshouses : For Gxpcuses of tliG State almshouse at Tewksburv, a sum 

ew s vry. ^^^^ exceeding three thousand mne hundred and seventeen 

dollars and forty-one cents. 
Monson. YoY Gxpeuscs of the statc almshouse at Monson, a sum not 

exceeding four thousand two hundred and forty-seven dollars 

and sixty-one cents. 
Lunatic paupers, ^OY the support and relief of lunatic state paupers in state 

support. ^ ^ , -* ^ 

hospitals, a sum not exceeding three thousand five hundred 
dollars. 
fx^ptnL^rncur-' ^or cxpeuses incurred on account of the support of the 
red- Dudley Indians, a sum not exceeding twenty-one dollars and 

eighteen cents. 
nTdiTnT^ex-" -^^^ expenses incurred by the trustee of the Hassanamisco 
penses incurred Iiidiaus for tho bcncfit of sald tribe, under the provisions of 
]864-65. *^' chapter seventy-six of the resolves of the year eighteen hun- 
dred and sixty-four, and chapter nine of the resolves of the 
year eighteen hundred and sixty-five, a sum not exceeding 
forty-four dollars and ninety-eight cents. 
state paupers Por the support of stato paupers by cities and towns, a sum 

support by t • i i »/ ^ 

towns. not exceeding two thousand five hundred dollars. 

Burials. ^OY thc burial of state paupers, a sum not exceeding two 

thousand dollars. 

Coroners' in- YoY expcnscs of coroucrs' inquests, a sum not exceeding 
twenty-four dollars and eighty cents, the same havmg been 
heretofore allowed on a warrant of the governor and council, 
but remaining uncalled for during the time within which 
joayment is limited by statute. 



quests, expenses. 



REFORMATORY AND CORRECTIONAL. 

Reform sciiooi, ^OY cxpcnses of the reform school for boys, a sum not 
exceeding eight thousand seven hundred and nineteen dol- 
lars and eighty-three cents. 

Nautical brancii. For expcuscs of tho uautical branch of the reform school, 
a sum not exceeding one thousand eight hundred and forty- 
four dollars and twenty-seven cents. 

state police, ex- For incidental and contingent expenses of the state police, 

^'^^^^' a sum not exceeding three thousand dollars. 

Industrial For cxpeiiscs of the industrial school for girls, a sum not 

exceeding one thousand nine hundred and thirteen dollars 
and thirty-seven cents. 

■ MISCELLANEOUS. 

Harbor commis- For compeusation and expenses of the harbor commission- 

sioners, pay and on , , taxI l 

expenses. crs lor tfic prescut year, a sum not exceeding ten thousand 



1867.— CHArxER 122. 557 

dollars, payable upon vouchors properly approved and filed 
with the auditor for his certificate. 

For fees, costs and court expenses of the attorney-general, Attorney-generad 
a sum not exceeding seventy-four dollars and eighty-five expenses. 
cents ; and for costs accruing the present year under the 
provisions of section twenty-four of chapter fourteen of the 
General Statutes, a sum not exceeding three hundred dol- 
lars. 

For incidental expenses of the secretary's department, a secretary of 

T . '■ , , , 1 • 1 J • 1 1 1 1 state, incidental 

sum not exceeduag one hundred and eighty-six dollars and expenses. 
ninety-six cents ; and for the present year, a sum not exceed- 
ing five hundred dollars, in addition to the amount heretofore 
appropriated. 

For repairs on the Essex bridge, a sum not exceeding one Essex bridge, 
hundred and thirty-five dollars, payable from the Essex ''^^'""" 
bridge fund. 

For expenses of the Charles River and Warren bridges, a charies River 
sum not exceeding eight thousand four hundred and fifty bridgesrex" 
dollars, payable from the Charles Eiver and Warren bridges p^"'"'- 
fund. 

For postao-e, printing and stationery for the board of Board of educa- 

-I ,• o'l o •111 1 i. tioa, postage, 

education, a sum not exceeding six hundred and seventy- printing, etc. 
four dollars and twenty cents, payable from the income of now payable. 
the Massachusetts school fund applicable to educational 
expenses. 

For expenses of the commissioners on public lands, a sum commissioners 

T • r- nn ij j. 11 on public landjS, 

not exceeding ninety-five dollars and twenty cents, payable expenses. 
from the moiety of the proceeds of sales applicable to 
improvements. 

For the salaries of the justices of the municipal court of Mumcipai court 
the city of Boston, a sum not exceeding forty-nine dollars ces salaries. 
and forty-four cents. 

For collecting census and industrial statistics in the year census and in- 
eighteen hundred and sixty-five, a sum not exceeding one tics, pay foV<Mi- 
hundred and twenty-three dollars, the same having been i«cting. 
heretofore allowed on a warrant of the governor and council, 
but remaining uncalled for during the time within which 
payment is limited by statute. 

For sheriffs' fees for the distribution of proclamations and sheriffs' fee*. 
tax warrants, a sum not exceeding forty-two dollars and 
seventy-two cents. 

For sundry small items of expenditure due and unpaid in sundry items, 
the year eighteen hundred and sixty-six and previous years, pre™us years. 
a sum not exceeding five thousand dollars. 

The appropriations made in chapter twenty -five of the acts cuaries River 
of the present year, for the maintenance of the Charles River bridges,*"ppio- 



558 1867.— Chapters 123, 124. 

priations for sup- and WarrGii bridges iiiider the superintendence of the draw" 
piicatkiQ^defined' tcndcrs of said bridges, are hereby made applicable to the 
same purposes under the superintendence of the city of 
Charlestown, from and after the eighteenth day of March, 
in the year one thousand eight hundred and sixty-seven, in 
accordance with the provisions of chapter sixty-six of the 
acts of the present year. 

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

Approved April 2, 1867. 

Chap. 123 -^^ -^^^ CONCEKNING EDUCATIONAL STATISTICS. 

Be it enacted, Sfc, as follows : 

Officers of insti- Section 1. It shall bc the duty of the trustees, officers or 

tutions of learn- . n ti • • • n ^ • ii T 

ing, reform and pcrsous lu chargc 01 all institutious 01 learning, whether lit- 

eharity and of • j^-n /••!• ^ ^ j. ^ 

Indian schools, erary, scientiric or proiessional, incorporated, supported or 
lyowuuTiX' ^i^sd by this Commonwealth ; of all reform schools and 
to board of edu- almshouscs : of all private educational institutions ; also, of 

cation. -. ' -,. i ' . . 

all agents, guardians or treasurers to whom appropriations 
shall be made for the support of schools among the Indians 
of this Commonwealth, whether by general statute or special 
resolve, on or before the first day of June in each year, to 
make a report in writing to the board of education, at the 
office of the secretary, of such statistics of the several institu- 
tions or schools under their charge, relating to the number 
of pupils and instructors, courses of study, cost of tuition and 
the general condition of said institution or school, as said 
board shall prescribe. 
forms^onVrZ^-'^ Section 2. Tho board of education shall prej^are blank 
fore tenth May. forius of iuquiry for such statistics, as they shall deem expe- 
dient to require, and shall cause the same to be sent to each 
of said institutions or schools, on or before the tenth day of 
May in each year. In preparing said forms, reference shall 
be had to the requirements of the national bureau of educa- 
tion recently created by the general government. 

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

Approved April 3, 1867. 

Chap. 124 -^^ -^^^ '^^ ANNEX PART OF THE CITY OF SALEM TO THE TOWN OF 

SWAMPSCOTT. 

Be it enacted, Sfc, as follows : 

Boundaries of SECTION 1. Tlic followiug dcscribed tract of land in the 
city of Salem, with the inhabitants thereon residing, is hereby 
set off and annexed to the town of Swampscott, viz : Begin- 
ning at a stone monument on the shore line of Phillips' 
Beach standing in the boundary line between the city of 
Salem and the town of Swampscott ; thence running north 
eastwardly, bounded by the sea, to a stone monument in the 



1867.— Chapter 124. 559 

boundary line between the city of Salem and the town of 
Marblehead ; thence north westwardly by the said boundary 
line between Salem and Marblehead and the extension of the 
same in a north westerly direction until the said line inter- 
sects the southerly line of Brookhouse Street, so called, 
extended in a westerly direction ; thence westwardly by the 
said southerly line of Brookhouse Street extended west- 
wardly imtil the same intersects the boundary line between 
Salem and Swampscott, and thence south eastwardly by the 
said boundary line between Salem and Swampscott to the 
stone monument at the point of beginning. 

Section 2. Said territory hereby transferred to said town shaii for eiecuug 
of Swampscott with the inhabitants thereon, shall, for the partof stiem; 
purpose of electing a senator, continue to be and remain a sons'^unchacgedl 
part of the said city of Salem ; and all the inhabitants resid- 
ing upon the territory so transferred, shall, until otherwise 
provided for, by and under the constitution, always enjoy in 
relation to the election of senator all the rights and privi- 
leges of, and in relation to, voting in the said city of Salem 
which they would have possessed if this act had not been 
passed. And the said territory hereby transferred to said Representatives 

111 6[tiQ6r^l court* 

town of Swampscott with the inhabitants thereon, shall also 
remain a part of said city of Salem for the purpose of elect- 
ing the representatives to the general court to which the dis- 
trict of which the above-described portion of the city of 
Salem forms a part is entitled ; and for the purpose of elect- county, state 
ing state and county officers, representative to congress and untiuensufor" 
electors of president and vice-president of the United States, °"gQt,''''^°'^''°° 
as said city of Salem shall vote for said officers, until the 
next decennial census, or until another apportionment be 
made in pursuance of the provisions of the constitution ; and selectmen of 
the selectmen of said town of Swampscott shall make true mak"and post 
lists of all persons within the limits of that part of Salem send sliemX^y"^ 
hereby annexed to said town of Swampscott, qualified to vote 
at any such election, and shall post up the same in said town 
of Swampscott, and shall correct the same as required by 
law, and keep said list so posted in said town of Swampscott 
until ten days prior to any election in which said list is 
required to be used, and shall then deliver a true copy of 
said list to the mayor and aldermen of said city of Salem, 
seven days at least before such election. And the mayor and Mayor and aider- 
aldermen of said city of Salem shall, after receiving said list, use same. 
post up, revise and correct the same, in the same manner as 
tliey revise the list of the voters of said city, and shall use 
said list at said elections with the general list of the voters of 
of said city. 



560 1867.— Chapters 125, 126, 127, 128. 

Inhabitants set SECTION 3. TliG inhabitants and estates hereby set off and 

tfxlsduef^*^^"'' annexed to the town of Swampscott, shall be held to pay all 

taxes that have been legally assessed on them by the city of 

Salem, in the same manner as if this act had not been 

passed. 

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

Approved April 3, 1867. 

Chap. 125 -^^ ^'^'^ ^^^ "^^^ PROTECTION OF SEA-FOWL IN THE WATERS OP 
"' EDGARTOAVN. 

Be it enacted, ^'c, as follows : 

Pursuit of for- SECTION 1. No pci'son shall drive, chase or pursue with 
boats, in the waters in and bordering upon the town of 
Edgartown, any of the birds commonly called sea-fowl. 

Penalty jor SECTION 2. Any pcrson offending against the provisions 

of the preceding section, shall forfeit and pay for each offence 
a fine of not more than five dollars, to be recovered by pros- 
ecution before any court of competent jurisdiction. 

Approved April 3, 1867. 

Chan 126 ^'^ ^^^ "^^ authorize the people's SAVINGS BANK IN THE CITY OF 
-' " ^ WORCESTER TO HOLD REAL ESTATE. 

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

May hold 50,000 SECTION 1. The Pcoplc's Saviugs Bank in the city of 
Worcester is hereby authorized to hold real estate to the 
amount of fifty thousand dollars. 

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

Approved April 3, 1867. 

An Act relating to leased railroads. 

Be it enacted, ^"c, as follows : 

When leased to In cascs whcro a railroad in this Commonwealth is leased 

statt, lesaorsTo to a corporatiou or party in another state, the duty of mak- 

port? """""^^ ''^" i"S ^1^6 annual return and payment to the secretary of the 

Commonwealth required by law, shall devolve upon the 

lessors in this state. Approved April 3, 1867. 

An Act to extend the time for the construction of the lek 
and new haven railroad, and for other purposes. 

Be it enacted, ^c, as follows : 

Timeextended to SECTION 1. Tlic tinic for coustructing the Lee and New 
Aprils, 18^0. Haven Railroad is hereby extended to the fifth day of April 

in the year eighteen hundred and seventy. 
Acts of 1864, Section 2. The fourth sections respectively of chapters 
246r249*^26of ' two luiiidred and forty-two, two hundred and forty-five, two 
amended. hundred and forty-six, two hundred and forty-nine, two hun- 

dred and sixty, of the acts of the year eighteen hundred and 
sixty-four arc hereby amended by striking out from the said 



dollars. 



Chap.Ul 



Chap. 128 



1867.— Chapters 129, 130. 561 

sections of each of said chapters, the words " three-fourths " 
and inserting in place thereof " two-thirds." Nothing con- 
tained in this section shall affect the validity of the said acts 
herein referred to. Approved April 3, 1867. 

An Act to incorporate the pacific guano company Chan 1^9 

Be it enacted, Sfc, as follows : 

Section 1. William T. Glidden, Frederick Nickerson, corporators. 
Oakes Ames, their associates and successors, are hereby made 
a corporation by the name of the Pacific Guano Company, 
for the purpose of manufacturing fertilizers and fish oil in 
the town of Falmouth ; and for this purpose shall have all Location. 
the powers and privileges, and be subject to all the duties, Privileges and re- 
restrictions and liabilities set forth in all general laws which ^'"'=''°"^- 
now are or hereafter may be in force relating to manufactur- 
ing corporations. 

Section 2. Said corporation may hold for the purposes May hoid estate 
aforesaid, real estate to the amount of one hundred and fifty 
thousand dollars ; and the whole capital stock of said corpora- capital stock and 
tion shall not exceed one million dollars and shall be divided ^^^'^''^■ 
into shares of one hundred dollars each: provided, hoiv- Proriso-. conn- 
ever, that said corporation shall not go into operation until "o^^of operation, 
property of the actual cash value of four hundred thousand 
dollars has been conveyed to and vested in the same. 

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

Appraised April 8, 1867. 



An Act concerning dogs, and for the protection of sheep and 
other domestic animals. 



Chap. 130 

Be it enacted, ^'c, as follows : 

Section 1 . Every owner or keeper of a dog shall annually, doss shaii be li- 
on or before the thirtieth day of April, cause it to be regis- by°town° &nl^ 
tered^ numbered, described and licensed for one year from '''®^'"'°"'''"- 
the first day of the ensuing May, in the office of the clerk 
of the city or town wherein said dog is kept, and shall cause 
it to wear around its neck a collar distinctly marked with its 
owner's name and its registered number, and shall pay for Fees, 
such license, for a male dog two dollars, and for a female 
dog five dollars. 

Section 2. Any person becoming the owner or keeper of New owner after 
a dog not duly licensed, on or after the first day of May, cenLd do°g, tT^'" 
shall cause said dog to be registered, numbered, described '=°™p'^- 
and licensed until the first day of the ensuing May, in the 
manner, and subject to the terms and duties prescribed in 
this act. 

Section 3. The clerks of cities or towns shall issue said cierk of town to 

T„ -I • ^^ xi /• 1 ii issue licenses and 

licenses, and receive the money therefor, and pay the same account for fees. 
14 



562 1867.— Chapter 130. 

Suffolk''^ into the treasuries of their respective counties, except in the 

county of Suffolk, on or before the first day of December of 
each year, retaining to their own use twenty cents for each 
license, and shall return therewith a sworn statement of the 
amount of moneys thus received and paid over by them. 

cord! ^^^^ ^^' They shall also keep a record of all licenses issued by them, 
with the names of the keepers or owners of dogs licensed, 
and the names, registered numbers and descriptions of all 
such dogs. 

Duties of county SECTION 4. It shall bc tlic duty of each county treasurer, 

and town trea«- ii» i-i ± i_ ,_ • i\ l c 

urers, except in aucl 01 cach City or towu trcasurcr, except in the county oi 
Suffolk. Suffolk, to keep an accurate and separate account of all 

.moneys received and expended by him under the provisions 
of this act. 
Penalty for keep- SECTION 5. Any pcrsoii keeping a dog contrary to the 
d°o|"°"'*°^^ provisions of this act, shall forfeit fifteen dollars, to be 
recovered by complaint or indictment ; and of said fine or 
forfeiture, five dollars shall be paid to the complainant, and 
ten dollars shall be paid to the treasurer of the county in 
which the dog is kept ; except that in the county of Suffolk, 
the ten dollars shall be paid to the treasurer of the city or 
License valid in towii wherciu Said dog is kept. A license from the clerk of 
tmnsferred'^to^*' ^uy city or towu sliall be valid in any part of the Common- 
other town. wealth and may be transferred with the dog licensed : pro- 
vided^ said license be recorded by the clerk of the city or 
town where such dog is kept. 
Assessors to take SECTION 6. The asscssors of the cities and towns shall 
first May^and"" aunually takc a list of all dogs owned or kept in their respec- 
return to clerk. ^-^^ ^-^i^g ^^ towus, ou the first day of May, with the owners' 
or keepers' names, and return the same to the city or town 
Penalty for refu- clcrk. Oil or bcforc tlic first day of July. Any owner or 
keeper of a dog who shall refuse to give just and true 
answers, or shall answer falsely to the assessors relative to 
the ownership thereof, shall be punished by a fine of not less 
than ten dollars, to be paid, except in the county of Suffolk, 
into the county treasury. 
Mayor and chair- SECTION 7. Mayors of citics and the chairman of selectmen 
in^juiy, to direct of towus shall annually, within ten days from the first day 
biii1ngof''unti^'^ of July, issue a warrant to one or more police officers, or 
censed dogs and coustables, directing them to proceed forthwith either to kill 

complaint of iimiiht •!• i- 

keepers. or cause to be killed all dogs within their respective cities or 

towns, not licensed and collared according to the provisions 
of this act, and to enter complaint against the owners or 
keepers thereof, and any person may, and every police officer 
and constable shall, kill or cause to be killed all such dogs 
whenever or wherever found. Such officers, other than 



sal of or false 
answer. 



1867.— Chapter 130. 563 

those employed under regular pay, shall receive one dollar Fees, 
for each dog so destroyed, from the treasurers of their respec- 
tive counties, except that in the county of Suffolk tliey shall 
receive it from the treasurers of their respective cities or 
towns. All bills for such services shall be approved by the bhis for service, 
mayor, or chairman of the selectmen, of the city or town in °''^^' ' 
which said dogs are destroyed, and shall be paid from moneys 
received under the provisions of this act. 

Section 8. Each police officer or constable to whom the officer to make 
warrant named in the preceding section shall have been rant, on erst 
issued shall return the same, on or before the first day of information of 
the October following, to the mayor or chairman of selectmen doings, &c. 
issuing the same, and shall state in said return the number 
of dogs killed, and the names of the owners or keepers 
thereof, and whether all unlicensed dogs in his city or town 
have been killed, and the names of persons against whom 
complaints have been made under the provisions of this act, 
and whether complaints have been entered against all the 
persons who have failed to comply with the provisions of this 
act. 

Section 9. The mayors of cities and the chairman of ^{fj°^^^jf°f gg. 
selectmen of towns, shall annually, within ten days from the lectmen on tenth 
first day of October, transmit a certificate, regularly sub- gworn"tatemInt 
scribed and sworn to, of the fact of the issue of the warrant auomey.'"'"'' 
named in section seven, and whether the same has been duly 
executed and returned, agreeably to the provisions of this 
act, to the district-attorneys of their respective districts, 
whose duty it shall be to prosecute all such city, town or 
county officers as fail to comply with the provisions of this 
act. 

Section 10. Whoever suffers loss by the worrying, maim- ^f ^fj" ^"^f j^f 
ing or killing of his sheep, lambs, fowls or other domestic have appraise- 
animals by dogs, may inform the mayor of the city or the ™^"'" 
chairman of the selectmen of the town wherein the damage 
was done, who shall proceed to the premises where the dam- 
age was done and determine whether the same was inflicted 
by dogs, and if so, appraise the amount thereof and return 
a certificate of said amount, except in the county of Suffolk, 
to the county commissioners, on or before the first day of 
December : provided, however, that if, in the opinion of said ^,[°^'^26 'LT''^ 
mayor or chairman of selectmen, the amount of said damage disposed.' 
shall exceed the sum of twenty dollars, he shall appoint two 
disinterested persons who, with the said mayor or chairman 
of selectmen, shall appraise the amount of such damage and 
return a certificate of the same, except in the county of 
Suffolk, to the county commissioners, on or before the first 



564 1867.— Chapter 130. 

County comtnis- clay of DecGmbcr. The county commissioners shall, during 
ine bills in be- tho mouth of Dccember, examinc all such bills, and, when 
order^'payment^^ any doubt Gxists, may summon the appraisers and all parties 
interested, and make such examination as they may think 
proper, and shall issue an order upon the treasurer ^of the 
. county in which the damage was done, for all or any part 
thereof, as justice and equity may require, 
topafin^'jan"'"' ^hc treasurer shall annually, on the first Wednesday of 
wary. January, pay all such orders in full, if the gross amount 

received by him and not previously paid out under the pro- 
visions of this act is sufficient therefor ; otherwise he shall 
divide such amount pro rata among such orders, in full 
discharge thereof. 
Appraisers, how The appraisers shall receive from the county, or in the 
county of Suffolk from the city or town treasurer, out of 
the moneys received under the provisions of this act, the 
sum of one dollar each for every examination made by them 
Mayor and select- as prcscribcd '\\\ this scctiou ; and the mayor or the chairman 
of selectmen acting in the case, shall receive twenty cents 
per mile one way for his necessary travel in the case. 
Owner of animals Tlic owucr of shccp, lambs or other domestic animals 
may^eec proce ^^j^^.j^^^^ maimcd or killed by dogs, shall have his election 
whether to proceed under the provisions of this section or 
under the provisions of sections sixty-one, sixty-two and 
sixty-three of chapter eighty-eight of the General Statutes ; 
but, having signified his election by proceeding in either 
Mayor or chair- niodc, hc shall uot liavc tlic othcr remedv. In the absence 

man of selectmen , ' „ , „ , . '' , . „ , 

unable, proceed- Or sickucss 01 the mayor 01 the city, or chairman oi the 

ingsincase. selectmen of the towii, in which the damage is done, it shall 
be the duty of any one of the aldermen of said city, or of the 
selectmen of said town, who may be duly informed of dam- 
age supposed to have been done by dogs, to discharge forth- 
with the duties imposed by this section upon the mayor or 
chairman of selectmen. 

Penalty if officer SECTION 11. Any city, towu Or couuty officer refusing or 

" ^" wilfully neglecting to perform the duties herein imposed 

upon him, shall be punished by a fine not exceeding one 

hundred dollars to be paid, except in the county of Suffolk, 

Person asgrieyed into tlic countv trcasurv. Auv pcrsoii ao:<2;rieved by such 

thereby may re- /• i i . .i ,'' } -i. ^ t. 

port to attorney, rciusal or ncglcct ou the part 01 any city, town or county 
officer, may report the same forthwith to the district-attorney 
of his district. 

County treasurer Section 12. Thc trcasurcr of auv county may, and, wlien 

may bring action , i i .i , • • "^ , ii i - -• 

for damage. Ordered by the county commissioners, shall, brnig an action 
of tort against the owner or keeper of any dog concerned in 
doing damage to sheep, lambs or other domestic animals in 



1867.— Chapter 130. 565 

said county, which damage the county coramissioners have 

ordered to be paid, to recover the full amount thereof to the 

use of said county. All fines and penalties provided in this Recovery of fines 

act may be recovered on complaint or indictment before any 

court of competent jurisdiction in the county where the 

offence is committed. 

Moneys received by the treasurer of any city, town or Moneys received 
coHuty, under the provisions of this act, and not expended used. 
in accordance with its provisions may be applied to the pay- 
ment of any city, town or county expenses. 

Section 13. In the county of Suffolk, all moneys received fX -moneys to 
for licenses or recovered as fines or penalties under the pro- bepaidcuyor 
visions of this act, which if received or recovered in any other 
county, would be paid into the county treasury, shall be paid 
into the treasury of the city or town in which said licenses 
are issued or said fines or penalties recovered. All claims claims for dam- 
for damage done by dogs in said county shall be determined hffhowTter"^' 
by appraisers as specified in section ten of this act, and, when "»»"edana paid, 
approved by the board of aldermen or selectmen of the city 
or town where the damage was done, shall be paid in full on 
the first Wednesday of January of each year by the treasurer 
of said city or town, if the gross amount received by him and 
not previously paid out under the provisions of this act is 
sufficient therefor ; otherwise such amount shall be divided 
pi'o rata among such claimants in full discharge thereof. 

After such claims have been approved by the board of ['r^furer^^^''^'^' 
aldermen or selectmen, the treasurer of said city or town town may bring 

' .,- •' , action to recover. 

may, and, when ordered by the board of aldermen or select- 
men, shall, bring an action of tort to recover, against the 
owner or keeper of any dog concerned in doing the damage, 
the full amount thereof. 

Section 14. Any person owning or keeping a licensed ^^^^^% Heen?ed 
dog, who may have received a notice, in accordance with dogwiiendan- 

. . f. 1 .1 • 1 f 1 /^ 1 gerous, after no- 

■^ction Sixty-one of chapter eighty-eigiit of the General tice. 
Statutes, that said dog is mischievous or dangerous, and who 
does not kill it or keep it thereafter from ever going at large, 
shall, on complaint or indictment, forfeit ten dollars, if it be 
proved that said dog be mischievous or dangerous. 

Section 15. All acts or parts of acts inconsistent with Kepeai. 
this act are hereby repealed. 

Section 16. The warrants required to be issued by the Form of warrant 
seventh section of this act, may be in the following form, "e°cti"n^.^^^° 
viz. : 



566 1867.— Chapters 131, 132. 

COMMOKWEALTH OF MASSACHUSETTS. 

[Seal.] 

M ss. To , constable of the town (or city) of 

In the name of the Connnonwealth of Massachusetts, you are hereby 
required to proceed forthwith to kill or cause to be killed all dogs within 
the said town not duly licensed and collared according to the provisions 
of the act of the year eighteen hundred and sixty-seven, entitled " An 
Act concerning Dogs, and for the protection of Sheep and other Domestic 
Animals," and you are further required to make and enter complaint 
against tlie owner or keeper of any such dog. 

Hereof fail not, and make due return of this warrant with your doings 
therein, stating the number of dogs killed and the names of the owners or 
keepers thereof, and whether all unlicensed dogs in said town (or city) 
have been killed, and the names of persons against whom complaints have 
been made under the provisions of said act, and whether complaints have 
been made and entered against all the persons who have failed to comply 
with the provisions of said act, on or before the first day of October next. 

Given under my hand and seal at aforesaid, the day of 

in the year eighteen hundred and 

(Mayor of) or Chairman of the 
Selectmen of 

Section 17. This act shall take effect upon its passage. 

Approved April 9, 1867. 



Chap.l^l 



An Act relating to shares in corporations. 

Be it enacted^ Sfc, as follows: 

Except organiza- Tlic sliarcs of evciy corporatioii hereafter organized, 

ch^ps^isrand except cooperative associations organized under chapter two 

tobe\moo,''par hundrcd and ninety of the acts of the year eighteen hundred 

value. and sixty-six, and corporations organized under the one 

hundred and eighty-seventh chapter of the acts of the year 

eighteen hundred and sixty-six, having a capital stock 

divided into shares, shall be fixed at one hundred dollars 

each. Approved April 10, 1867. 

Chan 132 -^^ ■^^^ relating to sidewalks, common sewers and main 

■t' drains in the fire district of the town of riTTSFIELD. 

Be it enacted, §'c,, as follows : 

Voters of district SECTION 1. The legal voters of the fire district of the 
commissioners" town of Pittsficld, shall, witliiu ouc ycar from the passage of 
witiiinyear. ||j-g ^^^^^ ^^^ g^ meeting called for the purpose, elect by ballot 
a board of three commissioners, Avho shall be a board of com- 
missioners of sidewalks, common sewers and main drains, all 
of whom shall be legal inhabitants and voters in said district ; 
Tenure of office, and ouc of Said commissioncrs shall be elected for three 
years, one for two years and one for one year from the time 
of the three next annual meetings of said fire district ; and 
Tiiereafter, one Said district shall thereafter at the regular meetings of said 
n^uauy.''''''"^ '"'' district, clcct by ballot one such commissioner, whose term 
of office shall be for three years. And said district shall 



1867.— Chapter 132. 567 

have authority to fill any vacancy in said board at any meet- vacaucies, how 
ing of said fire district regularly called for that purpose. 

Section 2. It shall be the duty of said board, under the Board to con- 
supervision and direction of said district, to construct and cha"rge*of drafns 
have charge of all main drains, common sewers and side- ^°^ sidewalks, 
walks in said fire district, and all matters pertaining thereto 
as hereinafter provided. 

Section 3. The said board shall have the authority to May determine 
determine the grade, width and material of all sidewalks on matenirofwaika 
the public streets and highways of said district, and to order ty'^abuuers^.^'"^ 
the construction of the same opposite to and adjoining all 
abutting lands by the owners thereof; and shall give notice shaii give notice. 
in such manner as said fire district shall determine, to the 
owners or occupants of the abutting lands to construct the 
same in conformity to the grade, width and of the materials 
ordered ; and if the owner or occupant of the abutting lands upon neglect of 
does not construct the sidewalk abutting his lands in con- constmct! and 
formity to the order of said commissioners, within sixty days assess expense, 
after he shall have been so notified of said order, the said 
commissioners shall construct tlie same, and shall assess the 
owners or occupants of the abutting lands the expense of 
the same. All assessments so made shall be a lien upon tbe Assessment to be 
abutting lands, to be enforced in the same manner as taxes a''«""P°°ia,na3. 
arc upon real estate. 

Section 4. Said commissioners shall have power to Removal of snow 
determine when, in what manner and to what extent, snow uiated!''^°'^^''°' 
and ice shall be removed from the sidewalks in said district, 
and to fix by-laws and penalties regulating the same, sub- 
ject to the approval of said fire district. 

Section 5. No sidewalk, graded or constructed in said commissioners 
fire district, in conformity to the provisions of this act, shall openinVof°side- 
be dug up or obstructed in any part thereof, without the ^'^"'" 
consent of said commissioners ; and whoever rides or drives Penalty for ob- 
a horse or team upon or along said sidewalk, or shall obstruct ^*'^"<=*'°s ^a 
the same, shall forfeit a sum not less than one, nor more 
than five dollars for each violation of the provisions of this 
section. 

Section 6. Said commissioners shall have the authority Deposit of refuse 
to establish by-laws and penalties, subject to the approval of sioners' may pro- 
said fire district, prohibiting the deposits of ashes, garbage, '''''''■ 
filth or other refuse matter on the streets and sidewalks 
within the limits of said district. 

Section 7. Said commissioners shall lay, make and main- May lay drains 
tain in said fire district, all such main drains or common trictshaudirect 
sewers, as said fire district, at a legal meeting called for that 
purpose shall, by vote adjudge to be necessary for the pub- 



568 1867.— Chapter 132. 

lie convenience or the public health, and may repair the same 
from time to time whenever necessary : and all the main 
drains or common sewers shall be the property of said 
district. 
May assess per- SECTION 8. Evcry pcrson wlio cntcrs his particular drain 
expenle°''^'*'^^°'^ into such main drain or common sewer, or who in any way 
receives benefit thereby for draining his cellar or lands, or 
the owner or occupant of land abutting on said drain or 
common sewer, shall pay to said commissioners a proportional 
part of the expense of making and repairing the same, not 
exceeding two-thirds of the costs thereof, to be ascertained, 
Notice to party, asscsscd and certified by said commissioners; and notice 
thereof shall be given to the party to be charged, or to the 
occupant of the premises. 
Assessment to be SECTION 9. Asscssmcnts SO made shall constitute alien 
costTmay be' ou tho real cstatc assessed, for one year after they are laid, 
estate. ''^^''''' °^ and may, together with incidental costs and expenses, be 
levied by sale thereof, if the assessment is not paid within 
three months after a written demand for payment, made 
either upon the person assessed or upon any person occupy- 
ing the estate, such sale to be conducted in like manner as 
sales for the non-payment of taxes. 
Party aggrieved SECTION 10. Any pcrsou aggrieved by such assessment 
nfay ha,Te°jury. may, at auy tiuic within three months from receiving notice 
thereof, apply for a jury. Such application shall be made 
in like manner, and the proceedings thereon shall be the 
same as in case of lands taken for laying out of highways : 
Proviso: notice provichfL that bcforc making his application the i)artv shall 

of intention to ^. ' .°.. ^^ ., .^ . •' „ 

apply for shall be givo ouc uiontn s uoticc ui Writing to said commissioners, oi 
^'^^°' his intention so to apply, and shall therein particularly specify 

his objections to the assessment made by them, to which 
specification, he shall be confined in the hearing by the jury. 
Proceedings in SECTION 11. Wheuevcr land is taken by virtue of the 
iand*.*^'°^ °^ provisions of section seven, the said commissioners shall pro- 
ceed in the manner required by law in taking land for pub- 
Damages; rights lie highways or streets ; and persons suffering damage in 
person for prop- tlicir propcrty shall have the rights and remedies for the 
erty taken. ascertainment and the recovery of the amount of such dam- 
age provided by law for the ascertainment and recovery of 
damages for lands taken for public highways and streets, 
which shall be paid by said fire district. 
Payofcommis- SECTION 12. Said commissioucrs shall receive such com- 
pensation as shall be fixed by vote of said fire district at a 
meeting called for that purpose. 
«covereda'Ji7 SECTION 13. Peiialtics uiidcr the provisions of this act 
appropriated. may bc rccovcrcd by action of tort, in the name of said 



1867.— Chapter 133. 569 

board of commissioners, and appropriated to pay the expenses 

of the said fire district, or on complaint or indictment, to the 

use of the Commonwealth ; and no such action shall abate 

by reason of any vacancy in said board of commissioners, 

but his or their successors shall be admitted to prosecute the 

same. No inhabitant of the district shall be disqualified to ^"^^^^gl^gt^'X^'or 

act as judge, magistrate, juror or ofiicer in a suit brought for juror in suit. 

such penalty, by reason of his being such inhabitant. 

Section 14. Said district may, at meetings called for that District may raise 

r, t J? • J. ii money : commis- 

purpose, raise money tor the purpose ot carrymg out the sioners siiaii ex- 
provisions of this act ; and said board of commissioners orp'^opie'lanr*'' 
shall have the care and management of the money so raised, account for same. 
and shall expend the same for the purposes prescribed by 
vote of the district; and such board of commissioners shall 
be accountable to the said district for such money received 
by them, and said district may maintain a suit therefor, and 
for any money they may have by virtue of their office, in the 
name of the inhabitants of said district, in any court proper 
to try the same. 

Section 15. The clerk of the district shall certify to the sums voted to be 
assessors of the town all sums voted to be raised by the dis- de'rkshaiTcertify 
trict, under the provisions of this act, which shall be assessed t°^n'for°coikc- 
and collected by the officers of the town in the same manner tion. 
as the town taxes are assessed, collected and paid over to the 
treasurer, who shall hold the same, subject to the order of 
said commissioners. 

Section 16. All the provisions of chapter twenty-four of *^.-^.^-^'^-*^p'"°" 
the General Statutes, applicable to fire districts and not in- piy to district, 
consistent with this act, shall continue to apply to the fire 
district of the town of Pittsficld, and be applied in carrying 
out the provisions of this act. 

Section 17. Nothing herein contained shall be construed Act not to affect 
to interfere with the authority of surveyors of highways, or wghwaysur- 
any authority which can be legally exercised over highways "^^>°''^- 
or roads in the proper discharge of their duties. 

Section 18. This act shall take effect whenever the same shaii be in force 
shall have been approved and adopted by a majority of the by majodt.rof^ 
legal voters of said fire district present and voting at a meet- voters in district. 
ing duly called for that purpose. 

Approved April 10, 1867. 

An Act to ixcokporate the grand hotel branch railroad 
company, of dorchester. 

Be it enacted, §t., as follows : 

Section 1. Ebenezer Eaton, Edmund P. Tilcston, Shelton corporators. 
Barry, their associates and successors, are hereby made a 
corporation by the name of the Grand Hotel Branch Railroad 

10 



Chap.m 



570 



1867.— Chapter 134. 



Privileges and re- 
strictions. 



Location of road 
defined. 



Corporation may 
unite with other 
company. 



Capital and 

shares. 



May sell or lease 
franchise and 
property. 



Conditions of va- 
lidity of act. 



Company ; with all the powers and privileges, and subject to 
all the restrictions, duties and liabilities set forth in the 
general laws which now are or hereafter may be in force 
relating to railroad corporations. 

Section 2. Said corporation may locate, construct, main- 
tain and operate a railroad, commencing at some point near 
the dwelling-house of the late Bradish Billings, on Bowdoin 
Street, in the town of Dorchester ; thence running through 
the land belonging to the estate of said Billings and to 
others, to some point on the Boston, Hartford and Erie Rail- 
road, near the crossing by said road of Columbia Street in 
said town of Dorchester. 

Section 3. Said corporation may enter with its road 
upon, unite the same with, and use the road of the Boston, 
Hartford and Erie Railroad Company, subject to the pro- 
visions of the general laws relating to railroads. 

Section 4. The capital stock of said corporation shall 
not exceed one hundred thousand dollars, which shall be 
divided into shares of one hundred dollars each. Said cor- 
poration may hold such real estate and personal property as 
may be necessary or convenient for the purposes for which it 
is incorporated. 

Section 5. Said corporation is hereby authorized to sell 
and transfer its franchise, property and all its rights under 
this act to the Boston, Hartford and Erie Railroad Company, 
or to lease its road and other property to said company, on 
such terms as may be mutually agreed upon by the directors 
of the respective corporations, and ratified and accepted by 
three-fourths of the stockholders of each corporation, present 
and voting at legal meetings called for that purpose. 

Section 6. This act shall be void unless said railroad is 
located within two years, and completed within five years. 

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

Approved April 10, 1867. 



An Act to incorporate the farmington river water-power 

COMPANY. 

Be it enacted, §t., as follows : 

Section 1. Albert Hull, William J. Canfield, Elam P. 
Norton, their associates and successors, are hereby made a 
corporation by the name of the Farmington River Water- 
Power Company, for the purpose of building, erecting and 
maintaining reservoirs of water on the Farmington River 
and its tributaries in the town of Otis, for manufacturing 
Privileges and re- aud mccliauical purposcs ; with all the powers and privileges, 
Btrictious. ^j^^ subject to all duties, liabilities and restrictions set forth 



CA«^.134 



Corporators. 



Purpose and lo 
cation. 



1867.— Chapter 135. 571 

in all general laws which now are or hereafter may be in 
force applicable to such corporations. 

Section 2. Said corporation may hold for the purposes ^ay hold estate. 
aforesaid, real estate not exceeding in value seventy-five 
thousand dollars. 

Section 3, The capital stock of said corporation shall be ^^P^g^^^"'^ 
one hundred thousand dollars, to be divided into shares of 
one hundred dollars each : provided, hoivever. that the com- condition of in- 

, „ , \ . ' . ' I- 1 -l-i curnng liability. 

pany shall not commence business, or nicur any liability 
until twenty thousand dollars has been paid in, in cash. 
Section 4. This act shall take elfect upon its passage. 

Approved April 10, 1867. 

Ax Act to incorporate the union gas light company. Chap. 135 

Be it enacted, Sfc, as follows : 

Section 1. Joseph W. Capron, Willard Blackington, corporators. 
Capron Peck, their associates and successors, arc hereby 
made a corporation by the name of the Union Gas Light 
Company, for the purpose of manufacturing and selling gas 
in the town of Attleborough ; with all the powers and privi- Location, 
leges, and subject to all the duties, restrictions and liabilities rtdltS.*'^ 
set forth in all general laws which now are or may hereafter 
be in force relating to such corporations. 

Section 2. Said corporation may, for the purpose afore- Reai estate. 
said, hold real estate not exceeding in value twenty thousand 
dollars ; and the whole capital stock shall not exceed twenty- capital and 
five thousand dollars divided into shares of one hundred ^''''"^' 
dollars each: provided, hoiveve?', that said corporation shall condition of in- 
not incur any liability until property of the actual cash value "^"™°^ w 1 1 y. 
of five thousand dollars shall have been conveyed to and 
vested in the same. 

Section 3. Said corporation with the consent of the company may 
selectmen of the town of Attleborough, shall have power and f^^^^, '^^'^^^'^ 
authority to open the ground in any of the streets, lanes and 
highways in the second parish in said town, for the purpose 
of sinking or repairing such pipes or conductors as may be 
necessary for the purpose aforesaid ; and said corporation 
after opening the ground in such streets, lanes or highways, 
shall be held to put the same again into repair, under the 
penalty of being prosecuted for a nuisance : provided, that the Proviso, 
selectmen for the time being, shall at all times have the power 
to regulate, restrict and control the acts and doings of the 
said corporation, which may in any manner affect the health, 
safety or convenience of the inhabitants of said town. 

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

Approved April 10, 1867. 



572 



1867.— Chapter 136. 



Chap.U6 



Person entitled 
to aid under ch. 
172, § 1,18G6, to 
have receipt of 
U. S. pension. 



Provisos : pen-l 
si-^n obtained 
hereafter to en- 
title. 



City or town may 
vrithhold aid. 



Being dependent 
not to entitle to 
aid, unless, &c. 



Provisos : if per- 
son obtain U. S. 
pension, appli- 
cant entitled. 



Person being 
aided but pre- 
cluded by this 
act, may be re- 
lieved if needs 
require : town to 
be reimbursed. 



An Act concerning state aid for disabled soldiers and sail- 
ors AND their families, and for the families of the slain. 

Be il enamted, S^-c, as follows : 

Section 1. No person shall be entitled to receive state aid 
under the provisions of section one of chapter one hundred 
and seventy-two of the acts of the year eighteen hundred and 
sixty-six, except upon satisfactory proof that the person so 
applying for aid is in the receipt of a pension from the 
United States ; and the full amount of said aid shall only be 
paid to persons in the receipt of a pension equal to the full 
pension which is allowed to a person of the same rank or 
grade, and to every other person so applying for aid, a pro- 
portionate part of said aid shall be paid, to be determined by 
the proportion which the pension received by him bears to 
the full pension which is allowed to a person of the same 
rank or grade : provided, hoivever, that any person obtaining 
a pension from the United States after this act shall take 
effect, shall upon application, be entitled to receive the same 
amount of aid that he would have been entitled to receive 
had said pension been obtained prior to the time when this 
act shall take effect ; and provided, further, that town and 
city authorities shall withhold the aid when, in their judg- 
ment, any person who is in receipt of a pension from the 
United States, is not sufficiently disabled to prevent him 
from pursuing his ordinary and usual vocation. 

Section 2. No person shall be entitled to receive aid 
under the provisions of section two of said chapter one hun- 
dred and seventy-two by reason of being dependent upon 
any person named or described in said section unless the 
person upon whom he was dependent was killed or has died 
by reason of wounds or disease incurred in the service 
described in said section or is or at the time of his death was 
in the receipt of a pension from the United States, equal in 
amount to one-half of tlie full pension which is allowed to a 
person of the same rank or grade : provided, hoivever, that if 
the person upon whom the applicant was dependent shall 
obtain a pension from the United States after this act shall 
take effect, said applicant shall be entitled to receive the 
same amount that he would have been entitled to receive, 
had said pension been obtained prior to the time when this 
act shall take effect; and ^^roiuV/e^, /wr/Aer, that when any 
person who has heretofore received state aid is precluded 
therefrom by the provisions of this act, and the authorities 
of the cities or towns are satisfied that justice and necessity 
require a continuance of the aid to prevent actual suffering, 
they arc hereby authorized in such cases to continue the 



1867.— CHArxER 136. 573 

payment thereof; and upon reporting the facts in each spe- 
cific case and showing by evidence satisfactory to the com- 
missioners, the necessity of sucli payments, the sums so paid 
'shall be rc-imbursed to such cities and towns out of the 
treasury of the Commonwealth. 

Section 3. Tlie reports to the auditor required to be ^Xrciri72'§6' 
made by section six of said chapter one hundred and seventy- to be quarterly. ' 
two, shall hereafter be made quarterly, on or before the 
tenth days of January, April, July and October of each year: 
jjrovidcd, that the return for July of the present year shall Proviso. 
include the disbursements of the preceding six months. 

Section 4. It shall be the duty of the commissioners con- commissioners 
stituted by section five of said chapter one hundred and sev- toVspectre- 
enty-two, to inspect all such returns, and whenever it shall overpay'^appears 
appear by the insi^ectioii thereof, or otherwise, that the shaii cause la- 
amount paid by the treasurer of any city or town under the 
provisions of said chapter one hundred and seventy-two, or 
of this act, for any quarter or greater period of time, is at a 
rate which if continued for one year would exceed the pro- 
portion of fifty per cent, of the state tax of such city or town 
for the previous year, or if for any reason the amount so 
paid shall appear to be unreasonably large, it sliall be the 
duty of said commissioners to make or cause to be made an 
examination of the persons or claims of persons to whom the 
same has been paid and of the parties by whom said returns 
are made ; and in all cases of any fraud, or neglect of duty May reduce 

,1 , /• , 1 1 • 1 J o ±^ claim in case of 

on tlie part oi the persons makmg such returns, or oi the fraud or negieet, 
authorities of any city or town granting aid, said commis- sute^'trea^^uJer, 
sioncrs shall deduct from the amount claimed by any city or wiioshaii pay. 
town, the amount paid to any person or persons when in 
their judgment the same should not have been paid luider 
the provisions of said chapter one hundred and seventy-two, 
and of this act, and shall certify the same to the treasurer 
and receiver-general who shall re-imburse to said city or 
town only the balance thus designated. 

Section 5. Said commissioners may appoint, as occasion May appoint es- 

-, . . 1-1 j_ 1 aminers, who 

may require, one or more dismterested persons, not exceed- siiaii report 
ing three in number, whose duty it shall be to make the ^°'°^^' 
examinations provided for in section four of this act, and 
make full returns of their doings to said commissioners. 
Such expenses as may be incurred in making said examina- Expenses, how 
tion, including such reasonable compensation to the persons ^'^"' 
appointed under the provisions of this section for their ser- 
vices as shall be approved by the commissioners and allowed 
by the governor and council, shall be paid out of the treas- 



574 1867.— Chapter 137. 

Examiners to be uFj of tliG Commoiiwealth. No porsoii shall be appointed to 

of other county, ^^q^q gQ^ij examiiiatioiis in the county where he may reside. 

City and town SECTION 6. Tlie treasurcrs of cities and towns may, under 

"idilTor si^io"" the direction of the city council or selectmen thereof, pay the 

to family of. sums duc for aid to any officer, soldier or sailor, or so much 

thereof as they may think best to the wife or family of such 

officer, soldier or sailor or for the benefit of such wife or 

family ; and the amounts so paid shall be re-imbursed in the 

same manner as if paid to such officer, soldier or sailor in 

person. 

Aid under §2, SECTION 7. No appeal shall lie to the commission 

Bo'appeai to lie', appointed by scctiou fivc of said chapter one hundred and 

seventy-two, with regard to the aid provided for in section 

two of said chapter. 

Sections 2, 10, of SECTION 8. Scctious two and ten of said chapter one hun- 

said cu. amend- ^j,q^ ^j-^^ scvcuty-two, are hereby amended by striking out 

the word " father " wherever it occurs in said sections, and 

inserting before the word " mother " wherever it occurs in 

said sections the word " widowed," 

Section 12 of said SECTION 9. Scctioii twclvc of Said cliaptcr one hundred 

1866, repeaW and scvcnty-two, and chapter two hundred and eighty-two of 

the acts of the year eighteen hundred and sixty-six, are 

Widows and or- hereby repealed. The widows and orphan children who are 

Snder ch'^'m' uow rccciving aid under the provisions of said chapter two 

and " 3 mottht" huudrcd and eighty-two shall continue to receive the same 

men, to receive ^id uudcr this act, uudcr tlic same conditions and restric- 

under this act. . ' , . , . 

tions as now exist. All persons who served m the regmients 
commonly known as " one hundred day regiments," and 
" three months regiments," and who come within the provis- 
ions of this act, shall receive the aid herein provided. 

Section 10. This act shall take effect on the first day of 

May next. Approved April 11, 1867. 



Chap. 137 



An Act relating to dissolving attachments in civil suits. 
Be it enacted, §'c., as follows : 



Defendant may SECTION 1. lu auv actiou wlicu au attachment of real or 

have value of . / i ,i • n xi 

property ap- pcrsoiial propcrty, or both, is made on mesne process, the 
praised. defendant therein instead of dissolving such attachment in 

the manner now provided by law, may at any time apply in 
writing to the officer who has made such attachment to have 
the value of the whole or any part of such property appraised 
by appraisers, who shall thereupon be appointed and qualified 
in the same manner as is provided by law with regard to the 
appointment and qualification of appraisers of perishable 
property attached, and shall examine the attached property, 
or the specific part thereof to be appraised, and appraise the 



1867.— Chapter 138. 575 

same according to the best of their skill and judgment at the 

value thereof in money ; and after the value is so determined, May dissolve at- 

the defendant may dissolve the attachment, so far as itbondtopny 

embraces the property so appraised, by giving bond with p|^a'otiff m thirty 

sufficient sureties, to be approved by the plaintiff, or by a 

master in chancery, with condition to pay the plaintiff within 

thirty days after final judgment in said action in favor of the 

plaintiff, the value of said property so appraised, or so much 

thereof as may be necessary to satisfy such judgment. 

Section 2. The sufficiency of the sureties, the application Proceedings to be 
to the master in chancery to approve the same, the notice to "°io4-5-6.' 
the plaintiff of the time and place of hearing, and the fees of 
the master in chance-ry, shall be determined and regulated 
in the manner provided by sections one hundred and four, 
one hundred and five and one hundred and six of chapter 
one hundred and twenty-tbree of the General Statutes. 

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

Approved April 12, 1867. 

Ax Act ix addition to an act concerning the issue of commis- QJiap, 138 

SIGNS TO CERTAIN CIVIL OFFICERS. 

Be it enacted, ^'c, as follows : 

Section 1. Every person hereafter appointed to the office Person appointed 

p, , 1 iTii ij. • shall take oaths 

01 trustee or member on any pubhc board, or trustee, mspec- of office within 
tor or superintendent of any hospital, almshouse, reform or "^ree months, 
industrial school, or other charitable, educational or correc- 
tional institution, or to the office of coroner, public adminis- 
trator, guardian of any Indian tribe, commissioner of wrecks 
and shipwrecked goods, inspector of merchandise, or other 
public office, under executive commission, shall, within three 
months from the date of confirmation therein, take and sub- 
scribe the oaths required to qualify him to execute the duties 
of such office. 

Section 2. When any person to whom either of such Failure to com- 
commissions shall be issued shall fail to comply with the vacate^""' 
requirements of the first section of this act, such non-com- 
pliance shall be deemed to vacate said office ; and the score- secretary shaii 
tary of the Commonwealth shall forthwith notify such person ce°rtify''t^o'^g°o°er-'^ 
of the expiration of the limitation of time in said section °°''- 
prescribed, and request the return to that department of the 
commission so received : and the secretary shall certify to 
the governor the vacation of such office. 

Section 3. Tlie pi-o visions of this act shall not apply to Act not to apply 
any office or commission named in the first section of chapter [„ Hrch^iog^,'^ 
one hundred and nine of the acts of the year one thousand ^^^^■ 
eight hundred and sixty-two. 



576 



1867.— Chapters 139, 140. 



QuaiifyiDg com- SECTION 4. EvGrj Commissioner appointed to qualify civil 
mak'e°return to officGrs sliall, upon administering the oaths required by the 
seeretarj'. coustitutiou to any pcrsou receiving a commission of appoint- 

ment to any office, forthwith make return of such act, with 
date of the same, to the secretary of the Commonwealth. 

Section 5. Every commission issuing to any person, 
excepting for one of the offices named in the said first 
section of cliapter one hundred and nine of the acts of the 
year one thousand eight hundred and sixty-two, shall have 
the requirements of this act relating to appointment and 
qualification printed therewith, in such form as the secre- 
tary shall deem effective and proper. 

Ajyproved April 12, 1867. 



Commissions, ex- 
cept certain, to 
have require- 
ments therewith. 



Chap.Ud 



Certain mort- 
gage of, executed 
on vote of stock- 
holders, con- 
firmed and other 
proceedings made 
valid. 



Proviso. 



An Act relating to the Middlesex railroad company. 

Be it enacted, §t., as follows : 

The mortgage executed by the president and treasurer of 
the Middlesex Railroad Company under date of September 
first in the year eighteen hundred and sixty-four, pursuant 
to a vote of the stockholders of said company passed at a 
meeting held on the seventeenth day of August in the year 
eighteen hundred and sixty-four, to Linus Child, James A. 
Dupee and Horace G. Hutchins, as trustees for the holders 
of bonds issued by said president and treasurer under the 
authority of said vote, is hereby ratified and confirmed, and 
all the proceedings of said company in issuing said bonds 
and mortgage are hereby made valid : provided, that this act 
shall not take effect until the same has been approved at a 
legal meeting of the stockholders, called for that purpose. 

Approved April 12, 1867. 



Chap. 140 



May increase to 

51,600,000. 



Shares. 

Former issues of 
stock by directors 
made valid. 



An Act to authorize the new london northern railroad com- 
pany TO INCREASE ITS CAPITAL STOCK, AND FOR OTHER PURPOSES. 
Be it enacted, ^'c, as fulloics : 

Section 1. The New London Northern Railroad Com- 
pany is hereby authorized to increase its capital stock until 
the same shall amount to sixteen hundred thousand dollars, 
to be divided into shares of one hundred dollars each. 

Section 2. All issues of the capital stock of said corpora- 
tion, heretofore made by the directors thereof in conformity 
with votes of the stockliolders at legal meetings of said cor- 
poration, are hereby confirmed and made valid. 

Section 3. This act shall take effect u])on its passage. 

Approved April 12, 1867. 



1867.— Chapters Ul, 142, 143. 577 

Ax Act to incorpouate the avorcester street railway company. QJ^^j) ]^4.]^ 

Be it enacted, Sj'c, as foUoics : 

Section 1. Timothy W. Wellington, Henry H. Chamber- corporators. 
lin, Thomas L. Nelson, their associates and successors, are 
hereby made a corporation by the name of the Worcester 
Street Railway Company, with authority to purchase and May purchase 
succeed to the franchise, tracks, locations and other property franchise of pres- 
of the Worcester Horse Railroad Company, a corporation ent company, 
duly incorporated by the laws of this Commonwealth ; with 
all the powers and privileges, and subject to all the duties, 
liabilities and restrictions set forth in the act of incorporation 
of said Worcester Horse Railroad Company and all general 
laws which now arc or hereafter may bo in force relating to 
street railways : providecL that ssdd purchase shall be made Proviso: limua- 

. , , . "^ ,. , 1 p xi • J. t'01 of time. 

withm one year Irom the passage oi this act. 

Section 2. The capital stock of said corporation shall not capital stock ana 
exceed one hundred thousand dollars, divided into shares of ^''^''^^' 
one hundred dollars each. 

Section 3. Said corporation is hereby authorized to sell corporation may 
or lease its road and other property, and may mortgage the mortgage road, 
same to an amount not exceeding forty thousand dollars. 

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

Approved April 12, 1867. 

An Act to incorporate the middleborough savings bank. fhnn 1 49 
Be it enacted, §'c., asfoUotvs : ^ 

Section 1. Everett Robinson, Jacob B. Shaw, Cornelius corporators. 
B. Wood, their associates and successors, are hereby made a 
corporation by the name of the Middleborough Savings Bank, 
to be established and located in the town of Middleborough ; 
with all the powers and privileges, and subject to all the Privileges and re- 
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. This act shall take effect upon its passage. 

Approved April 12, 1867. 

An Act to incorporate the roxbury society for medical QJi^j) 143 
improvement and medical reading club. ' * 

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

Section 1. Benjamin E. Cotting, Zabdiel B. Adams, corporators. 
George J. Arnold, their associates and successors, are hereby 
made a corporation by the name of the Roxbury Society for 
Medical Improvement and Medical Reading Club, for the 
purpose of imin'ovement in the different branches of medical 
science; with all the powers and privileges, and subject to Privileges and re- 
all the duties, restrictions and liabilities set forth in the ^'"''"°"^- 

16 



578 1867.— Chapters 144, 145, 146. 

general laws which now are or may hereafter be in force, so 
far as applicable to said corporation. 
May hold estate. SECTION 2. Said Corporation may hold real and personal 
estate, not exceeding fifty thousand dollars, to be applied 
exclusively to the purpose aforesaid. 

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

Approved April 12, 1867. 



Chap. 144 ^^ ^^"^ "^^ AMEND AN ACT TCf ESTABLISH A FUND FOR THE 
PORT OF THE GOSPEL MINISTRY IN THE FIRST PARISH IN 



SUP- 
THE 
TOWN OF GROTON. 

Be it enacted, §"c., as follows: 
i^In'*monr7of SECTION 1. Tlic trustccs of the Groton ministerial fund 
fund. may loan the moneys of said fund in such sums, and on such 

time, as in their judgment shall best subserve the interests 
May invest in thcrcof ; and said trustees may invest the same in town, city, 

town, city, state . . j i i t J 7 

oru.s. bonds, statc or govemmcnt bonds. 

^^•^p^^iof §9,act Section 2. The ninth section of an act entitled "An Act 
to establish a fund for the support of the gospel ministry in 
the first parish in the town of Groton, in the county of Mid- 
dlesex, and to appoint trustees for the management thereof," 
approved the twenty-first day of February, in the year 
eighteen hundred and four, is hereby repealed. 

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

Approved April 12, 1867. 

Chap. 145 "^^ ^^^ ^*-* INCORPORATE THE CAMBRIDGE HORTICULTURAL SOCIETY. 

Be it enacted, ^'c, as folloics : 

Corporators. Section 1. Charlcs M. Hovey, Hervey Davis, Alexander 

Dickinson, their associates and successors, are hereby made 
a corporation by the name of the Cambridge Horticultural 
Society, and established in the city of Cambridge, for the pur- 
pose of encouraging and improving the science and practice 
of horticulture by premiums and other means ; with all the 

Privileges and re- privileges aud powers and subject to all the duties, liabilities 
and restrictions set forth in all general laws which now are 
or may hereafter be in force in relation to such corporations. 

May hold estate. Section 2. Said corporatiou may hold real estate to the 
amount of one hundred thousand dollars, and personal estate 
to the amount of ten thousand dollars. 

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

Approved April 12, 1867. 

Chap. 146 -^^ ^^^ '^'^ CHANGE THE NAME OF THE TOWN OF WEST CAMBRIDGE. 

Be it enacted, §'e., as follows : 

Shall take name Section 1. Tlic towu of Wcst Cambridge, in tlie county 

of Arhngton. „ ,_. , ., i n i i ^ i t 

01 Middlesex, shall take the name of Arlington. 



1867.— Chapters 147, 148, 149. 579 

Section 2. This act shall take effect from and after the Act when ia 
thirtieth day of April, in the year eighteen hundred and sixty- 
seven. Approved April 13, 1867. 



An Act to authorize the mayor and aldermen of the city Chap. 147 

OF FALL RIVER TO CONSTRUCT A BRIDGE IN CENTRAL STREET. 

Be it enacted, Sfc., as follows: 

Section 1. The mayor and aldermen of the city of Fall ^^^^^/FaURrver 
River are hereby authorized to construct in said city of Fall oreek. 
River, at such time, and in such manner, as they deem proper, 
a bridge over Fall River Creek where Central street crosses 
the same : provided, said bridge shall be built so as to leave Proviso. 
a suitable passage for the water flowing under the present 
bridge. 

Section 2. So much of the twenty-seventh chapter of the Parts of act, ch. 
special acts of the year one thousand eight hundred and '' -•'"^p*''* • 
forty-two as is inconsistent with this act, is hereby repealed. 

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

Approved April 13, 1867. 



Chap. 148 



An Act to incorporate tuk boston young women's christian 
association. 

Be it enacted, §'c., as follows : 

Section 1. Pauline A. Durant, Ann Maria Sawyer, Han- corporators. 
nah A. Bowon, Clara L. Wells, their associates and succes- 
sors, are hereby made a corporation by the name of the Boston 
Young Women's Christian Association, in the city of Boston, 
for the purpose of providing for the physical, moral and Purpose. 
spiritual welfare of young women in Boston; with all the Privileges and re- 
powers and privileges, and subject to all the liabilities, duties ^''■"''^'°"*- 
and restrictions set forth in all general laws which now are 
or may hereafter be in force relating to such corporations. 

Section 2. Said corporation shall have power to hold real May hold estate. 
and personal estate for the purposes aforesaid, not exceeding 
two liundred thousand dollars in value. 

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

Approved April 13, 1807. 



Chap. 149 



An Act for the restocking of mystic river and its tribu- 
taries WITH FISH. 
Be enacted, Sfc, as folloics : 

Section 1. The right to take alewives or shad from Right to take fish 
Mystic River or its tributaries, or from Mystic Pond, shall be po°nd suspen'ded 
and hereby is suspended for the period of five years next for five years, 
ensuing, and no net, seine or weir shall be set therein during 
said period. 



580 



1867.— Chapters 150, 151. 



Penalty for tak- 
ing shad or ale- 
wife. 



Prosecutions, 
limitation of 
time for. 



Town " commit- 
tees " may de- 
stroy nets, seines 
and weirs. 



May change sea- 
wall from point 
on south channel 
to point on Elm 
street, north of 
Medford. 



Section 2. Any person violating the provisions of tins 
statute shall forfeit one dollar for every alewife or shad so 
taken. 

Section 3. All prosecutions under this act shall be com- 
menced within thirty days from the time of committing the 
offence. 

Section 4. The several " committees for the preservation 
of fish " of the towns of Medford, Somervillc, West Cam- 
bridge or Winchester may remove and destroy any and all 
nets, seines or weirs found in said waters during the said 
period of five years. Approved April 13, 1867. 

CJiny) 150 ^^ ^^^ '^ further addition to "An Act relating to the 

-* * MYSTIC RIVER CORPORATION." 

Be it enacted, §'c., as follows : 

Section 1. The Mystic River Corporation is hereby 
authorized to change the location of a portion of their sea- 
wall as follows : Beginning at a point on the south channel 
three hundred and twenty feet below the easterly line of 
Elm street extended northerly ; thence running south- 
westerly by an .arc of a circle turning southerly and having 
a radius of six hundred feet to a point on said easterly line 
of Elm street extended northerly three hundred and seventy- 
five feet northerly from the northerly side of Medford street. 
And the area hereby authorized to be inclosed shall be filled 
up in the same manner as provided by section three of 
chapter four hundred and eighty-one of the acts of the year 
eighteen hundred and fifty-five. 

Section 2. The commissioner required hj the acts to 
which this is in addition shall be paid by tlie said corporation 
for his services and expenses, and he shall include a state- 
ment of such services, expenses and payments in his annual 
report. So much of section three of said chapter four hun- 
dred and eighty-one as. requires such payment to be made to 
the treasurer of the Commonwealth, is hereby repealed. 

Section 3. The time allowed said Mystic River Corpora- 
tion to complete their improvements is hereby extended ten 
years beyond the time now allowed by law therefor. 

Approved April 13, 1867. 

An Act to incorporate the boston safe deposit company. 
Be it enacted, S^'c, as follows: 

Section 1. Samuel H. Walley, William Ropes, William 
Endicott, junior, their associates and successors, are hereby 
made a corporation by the name of the Boston Safe Deposit 
Company, for the purpose of receiving on deposit for safe 
keeping, government securities, stocks, bonds, coin, jewelry, 



Area inclosed to 
be filled under § 
3, ch. 481, acts 
1855. 



Commissioner 
under former 
acts, pay and 
duty under this 
act. 



Partial repeal of 
§ 3, ch. 481. 



Time to complete 
extended. 



Chaj). 151 



Corporators. 



Purpose. 



1867.— Chapter 151. 581 

plate, valuable papers and documents, and otlier property of 
every kind, and of collecting and disbursing tlie interest or 
income upon such of said property received on deposit as 
produces interest or income, and of collecting and disbursing 
the principal of such of said property as produces interest or 
income, when it comes due, upon terras to be prescribed by 
the corporation ; with all the powers and privileges, and privileges and re- 
subject to the duties, restrictions and liabilities set forth in ^'"^'"'"^• 
the sixty-eighth chapter of the General Statutes, and in all 
the general laws which now are or hereafter may be in force, 
relating to such corporations. 

Section 2. The seventy-third, seventy-fourth, seventy- certain sections 
fifth, seventy-sixth and seventy-seventh sections of the fifty- ply^same^as'to"^' 
seventh chapter of the General Statutes, shall apply to, and ''^^ks. 
bo in force against this company in the same manner and to 
the same extent as they apply to and are in force against 
banks ; and sections thirteen, fourteen, seventeen, nineteen, sections g.s. 5s 
twenty, twenty-one, twenty-seven, twenty-eight and twenty- *° f^Pj^j^f™*' ^^ 
nine of the fifty-eighth chapter of the General Statutes, shall companies, 
apply to and be in force against this company, in the same 
manner and to the same extent, as they apply to and are in 
force against insurance companies. 

Section 3. The capital stock of said corporation shall be capital stock. 
two hundred thousand dollars, with the privilege to increase 
the same to five hundred thousand dollars ; and said capital How to be in- 
stock shall be invested in the manner provided by law for ''^^^^'^■ 
investing the capital stock of insurance companies. 

Section 4. The company shall not go into operation conditions of 
until one-half of its capital stock has been paid in, in cash, °p«'"'^''°'i- 
and a certificate from the insurance commissioner has been 
obtained, authorizing the company to go into operation : and 
said commissioner shall make the examination in the same 
manner as he is now required to do in the case of insurance 
'..ompanies by section thirty of chapter fifty-eight of the 
General Statutes, upon payment into the treasury of any 
fees which are or may be prescribed to be paid by insurance 
companies in similar cases. 

Section 5. Said corporation shall be entitled to purchase Mayhoidreai 
and hold real estate, not exceeding in value two hundred ^^''^''^' 
thousand dollars. 

Section 6. Chapter two hundred and seventy-two of the Actor ises, 272, 
acts of the year eighteen hundred and sixty-five is hereby repealed. 
repealed. 

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

Approved April 13, 1867. 



582 1867.— CHArxERs 152, 153. 

Chnrt 1 ^19 -^^ ^*"^ ^^ INCORPORATE THE GROTOX SAVINGS BANK. 

■'■' Be it enacted, ffc, as follows : 

Corporators. SECTION 1. Hciiry A. Woods, Daniel G. Waters, Benjamin 

F. Taft, thoir associates and successors, are hereby made a 
corporation by the name of the Groton Savings Bank, to be 
established in the town of Groton, and located at Groton 
PriTiieges and re- Junction ; witli all the powcrs 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 April 17, 1867. 



Chap. 153 



An Act to change the name of the agricultural branch rail- 
road COMPANY, AND FOR OTHER PURPOSES. 

Be it enacted, Sj'c, as follows : 
Shall take name SECTION 1. Thc Agricultural Branch Railroad Company 
esigua e . g|j^|| ijQi^eaftei- \)q called and known by thc name of the Bos- 
ton, Clinton and Fitchburg Railroad Company. 
M'^y^'^sue new SECTION 2. Said corporation is hereby authorized to issue 
four thousand two hundred and thirty-eight shares of new 
stock, to be called the stock of the Boston, Clinton and 
May increase Fitchburg Railroad Company, and is hereby authorized to 
''''^' ^ ' increase its capital stock by the sum of four hundred and 

New stock divi- twcntv-tlirce thousand and eight hundred dollars ; said new 

dends i 

stock to be entitled to such semi-annual dividends as can be 
paid out of the profits of the corporation, not exceeding three 
per cent., first after paying interest upon outstanding debts : 

Condition ofiBsue provided, kowevei', that none of said new stock shall be issued 
except on the payment of its par value of one hundred 
dollars. 

Corporation may SECTION 3. Said corporatiou is hereby further authorized 

issue ottier snares . ,' , . "^ , , . . 

equal to former to issuc sucli uumbcr 01 otlicr sliarcs, in addition to the new 

dered.^""^"' stock herciii before authorized, not exceeding four thousand 

two hundred and thirty-eight, as may be equal in number to 

the number of shares of the stock of the Agricultural Branch 

Railroad Company, which may be surrendered upon the 

terms and conditions prescribed in the fifth section of this 

act. 

Former stock- SECTION 4. Holdcrs of the stock of the Agricultural 

right'to'trke''n*ew Brauch Railroad Company shall have thc exclusive right to 

isct! "'^ *^''*' ■'' subscribe for and take the stock authorized by the second 

section of this act until the first day of October in the year 

eighteen hundred and sixty-seven, in the proportion of one 

share to each share held of the stock in the Agricultural 

Branch Railroad Company at the time of subscription. 



1867.— Chapter 154. 583 

Section 5. Whenever, before said first day of October, iioiders so taking 
any holder of the stock of the Agricnltural Branch RaHroad forme"share" 
Company shall subscribe, pay for and take a share of the new 
stock authorized by the second section of this act, he shall 
have the privilege and right of surrendering his share of the 
stock in the Agricultural Branch Railroad Company, and the 
same shall then be cancelled ; and he shall receive instead u^^errs equal 
thereof, a certificate of one share of the stock of the Boston, to stock under § 
Clinton and Fitchburg Railroad Company, to be issued 
under the third section of this act, which shall be, in every 
respect equal to the stock provided for by the second section 
of this act, and entitled to the same dividends. 

Section 6. After said first day of October, the stock of oid stock unex- 
the Agricultural Branch Railroad Company, which shall shau^re'ta^n ul 
remain unexchanged, shall for the purpose of distinction, be "heTr^rrhtsu'^o" 
known and called by the name of the Agricultural Branch 
Railroad Company stock, and holders thereof shall continue 
to have the right to vote upon the same at all meetings of 
the Boston, Clinton and Fitchburg Railroad Company. 

Section 7. Whenever, after the passage of this act, said Abimytopay 

,. 1 n 1 • Ti- J • IT- certain dividend 

corporation shall be m a condition to pay semi-annual divi- en aii stock shaii 
dends of three per cent, or more, on all the stock, which may "as^s^a'^nli'tuie^*^ 
have been at any time issued, whether called the stock of the 
Boston, Clinton and Fitchburg Railroad Company, or of the 
Agricultural Branch Railroad Company, then, and for that 
purpose, all said stock shall be classed alike, and be entitled 
to the same dividends. 

Section 8. This act shall take effect only when it shall Act in force when 
have been accepted by a vote of two-thirds, in number and ttods^sto^khold- 
interest, of the stockholders in the Agricultural Branch jy^^"g4''^^j,^'"co_ 
Railroad Company, present and voting at a meeting of said 
stockholders called for the purpose : and in calling said 
meeting personal notice shall be sent to each stockholder 
by mail at least seven days before the time of holding such 
meeting. Approved April 17, 18G7. 

An Act in relation to school districts. Chnn 1 '^i. 

Be it enacted, §*c., as follows: ■^' 

The provision of section one of chapter thirty-nine of the q. g. 39, 5 1, not 

General Statutes, authorizing towns to divide into school «oappiyin town 

J. ., iiiji Til I'll abolishing dis- 

districts, shall not be applicable to any town which has trictsunder §§3, 
[abolished] or shall hereafter abolish the school districts *' 
therein by virtue of the provisions of the third and fourth 
sections of said chapter. Approved April 22, 18G7. 



584 1867.— Chapters 155, 156, 157. 

Chan 1 55 "^^ ^^^ concerning the change of text-books in the public 
j^' schools. 

Be it enacted, cVc, as follows: 
School committee SECTION 1. Ill nxij towii Of City ill tlus Comiiioiiwealtli, ill 
twefvemay wliicli tliG scliool coiiimittec consists of less than twelve, a 
two° hir'S7°'^ °^ change may be made in the school books, in the public 
schools in such town or city, by a vote of two-thirds of the 
whole committee, at a meeting of said committee, notice of 
such intended change having been given at a previous 
meeting of said committee. 

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

Approved April 22, 1867. 

Chat). 156 ^^ ■^^'^ ^^ ADDITION TO AN ACT CONCERNING TRUANT CHILDREN 
^ * AND ABSENTEES FROM SCHOOL. 

Be it enacted, §'c., as follows : 
Portion of ch. SECTION 1. So iTiuch of cliaptcr two hundred and eighty- 

283 1866 ex- ^ o ^ 

empting city of thrcc of tlic acts of tlic ycar eighteen hundred and sixty-six 

2^)7 o'f"i862%'-'^" as provides that chapter two hundred and seven of the acts 

pealed. ^f ^\^q jQdiV eiglitceii hundred and sixty-two shall not apply 

to nor have effect within the city of Boston, is hereby 

repealed. 

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

Approved April 22, 1867. 



Chap. 157 



authorized. 



An Act making appropriations for the agricultural cabinet 
and library, and for expenses of legislative committees. 
Be it enacted, §'c., asfolloios: 

Appropriations SECTION 1. Tlic suuis hereinafter mentioned are appro- 
priated, to be paid out of the treasury of this Commonwealth, 
from the ordinary revenue for the purposes specified in ccr- 
Kemovai of cabi- taiii acts of tlic Icgislaturc, herein cited, to v\'it : For the 
c'oii^g"e'!under^h° rcmoval of thc statc agricultural cabinet and library to the 
263,^2,1866. Massachusctts Agricultural College, in accordance with 
the provisions of section two of chapter two hundred and sixty- 
three of the acts of the year eighteen hundred and sixty- 
six, a sura not exceeding one thousand dollars, payable upon 
vouchers properly approved and filed with the statc auditor. 
Expenses legisia- For clcrical and other expenses of Icijislative committees, a 
sum not exceeding tour tliousand dollars, the same to be in 
addition to the amount heretofore appropriated for the 
present year. 

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

Approved April 22, 1867. 



tive committees. 



1867.— Chapters 158, 159. 585 

An Act concerning the taking of water from aqueducts. QJian 158 

Be it enacted, ^'c, as follows : 

Section 1. When the selectmen of any town consider it ^"J^^^*"®" "^^^ 
necessary, for the protection of persons and property in such request to com- 
town, against fire, to take water from any or all the pipes or suppifwatef '" 
conductors of any aqueduct company running through such aga'^stere. 
town, said selectmen may order the engineers of the fire 
department in said town, to request said aqueduct company 
to put conductors into such pipes or conductors of said com- 
pany, for the purpose of attaching hydrants or conducting 
water into reservoirs, and in such places as said engineers 
shall think necessary to secure the safety of such persons 
and property against fire. 

Section 2. If said aqueduct company shall refuse or company faiung, 
neglect to make such connections for two weeks from the jryTaf."^''" 
time of said notice, then said engineers may proceed to make 
such connections as provided in the preceding section. 

Section 3. Said engineers shall have the right to use all shaii use means 
necessary means for making such connections, and shall use 
reasonable care for the protection of the pipes and works of 
such aqueduct company. 

Section 4. The cost of such connections, in all cases, shall Town shaii pay 
be paid by the town whose selectmen shall make such order. 

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

Approved April 22, 1867. 



Chap. 159 



An Act to incorporate the wili.iamseurg and north adams 
railroad company. 

Be it enacted, ^t., as folloics : 

Section 1. Joel Hayden, Levi L. Brown, Frank King, corporators. 
their associates and successors, are hereby made a corpora- 
tion by the name of the Williamsburg and North Adams 
Railroad Company; with all the powers and privileges and PriTiieges and re- 
subject to all the restrictions, duties and liabilities set forth 
in the general laws which now are or may hereafter be in 
force relating to railroad corporations. 

Section 2. Said corporation may locate, construct, main- May operate road 
tain and operate a railroad, commencing at some convenient burg with New 
point in the town of Williamsburg, and there connecting North°am°ptonCo. 
with the railroad of the New Haven and Northampton Com- and connect witii 

, ji 1 1 .1 f iTT-ii- 1 Troy and Boston 

pany, thence northerly through the towns oi Williamsburg, road, in Adams. 
Goshen, Cummington, Plainfield, Windsor, Savoy, Cheshire, 
Adams, Clarksburg, and again into the town of Adams, and 
there connecting with the Troy and Boston Railroad. 

Section 8. The capital stock of said corporation shall be capital stock and 
fixed at an amount not less than one million dollars, and not '^"''^' 

17 



586 1867.— Chapter 160. 

exceeding fifteen hundred thousand dollars, and the same 
shall be divided into shares of one hundred dollars each. 
May unite with Section 4. Said corporatiou may enter with its railroad 
B.and'T.andthe upou, and uuitc the same with, and use the New Haven and 
fnTshSburne Northampton Railroad, the Boston and Troy Railroad and 
Falls roads. tlic Northampton and Shelburne Falls Railroad with all the 
rights and subject to all the provisions and restrictions set 
forth in the general laws relating to railroad corporations ; 
and all said last named corporations shall, respectively, have 
corresponding rights and be subject to corresponding restric- 
tions concerning the right to enter, unite with and use the 
Williamsburg and North Adams Railroad. 
wUhN^H^and SECTION 5. Said corporatiou may contract with the New 
N. Co. and merge Havcu and Northampton Company for the merging of the 
lease to, or'take stock of tlic two corporatious, or may lease its road to the 
wfth rpprov^afof ^cw Havcu and Nortliampton Company, or may take a lease 
st'o'c^khoidere^ of the road of the New Haven and Northampton Company, 
or any part thereof, iipon such terms and conditions as the 
directors of said corporations may agree upon, subject how- 
ever, to the approval of three-fourths in interest of the stock- 
holders of said corporations respectively present and voting 
thereon at legal meetings thereof called for that purpose. 
Conditions of va- SECTION 6. This act shall be void unless said road shall 

liditv of act after , ,.,. iini t-i- 

two years. bc locatcd withiu two ycars, and siiall be constructed withni 

five years from the passage hereof. 

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

Approved April 22, 1867. 

Chap. 160 An Act in relation to taxation of the mercantile savings 

INSTITUTION OF THE CITY OF BOSTON. 

Be it enacted, ^'c, as follows : 

Shares taxable to SECTION 1. Thc sharcs iu tlic Capital stock of the Mercan- 
orreJuieneeon tilc Savings lustitutiou of tlic city of Boston shall be taxable 
May first. ^^ |^|jg owiicrs tlicrcof iu the cities and towns where they 

reside on the first day of May in each year and not other- 
wise. 
Treasurerofbank SECTION 2. Tlic trcasurcr of Said lustitution shall 
taxcommUioner aunually, bctwecn the first and twentieth days of May, 
and'shares!''^'"'^ rctum by mail or otherwise, to the tax commissioner the 
name and residence of each stockholder, with the number 
of shares belonging to each on said first day of May, and 
the par and cash market value per share of said stock. 
Section 3. This act shall take effect upon its passage. 

Approved April 22, 1S67. 



1867.— Chapters 161, 162, 163. 587 

An Act to incorporate the Worcester gazette company. Qhan 161 

Be it enacted, §'c., as follows : 

Section 1. S. B. Bartholomew, Theodore Cooke, Thomas corporators. 
Cleland, their associates and successors, are hereby made a 
corporation by the name of the Worcester Gazette Company, purpose. 
for the purpose of printing and publishing newspapers and 
books and executing job printing and binding in the city of 
"Worcester; with all the powers and privileges, and subject Privileges and re- 
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 for the purposes aforesaid. May hold estate. 
may hold real and personal estate, to the amount of forty 
thousand dollars, and the whole capital stock shall not capital stock and 
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 April 22, 1867. 

An Act to authorize the Massachusetts dental society to Q/kij) 162 
hold additional real and personal estate. ■* * 

Be it enacted, ^'c, as follows : 

The Massachusetts Pental Society is hereby authorized to Mayhoid$40,- 
hold real and personal estate to the amount of forty thousand ^^ ''JJi'ionai. 
dollars in addition to the amount said corporation is now 
authorized by law to hold. Approved April 22, 1867. 

An Act to authorize the city of salem to use essex bridge. QJin^y 1 63 
Be it enacted, ^'c, as folloics: 

The city of Salem is hereby authorized to use the Essex May use free, to 
Bridge, so called, for purposes connected with the construe- wks^ofcuy'." 
tion of the Salem water works, free of charge, under the 
direction and control of the agent of said bridge, during the 
building and erection of suitable structures and works for 
carrying, preserving and maintaining water-pipes across Bass 
River, so called, and over and under the water-course of the 
same, as authorized by an act entitled " An Act for supply- 
ing the city of Salem with pure water," approved the thir- 
teenth day of May in the year eighteen hundred and sixty- 
four ; and to make such changes in the structure of said May change 
bridge and its appurtenances, as the construction of said brwge"'^^" 
works may require : provided, that nothing herein contained Provisos: iimita- 
shall authorize said city to use said bridge or any appurte- 
nance thereof, except during the construction of said water 
works ; and provided^ that any damage occurring to said Da,m8geg to 
bridge in the construction of said works, shall be repaired " ^''' 
by said city of Salem, and any changes made in the struc- 



588 



1867.— Chapters 164, 165, 166. 



Change of struc- ture of Said bridge by said city of Salem, shall be made 

mrect!^^°*'° under the direction of the agent aforesaid, and at the 

Liability of city cxpcnsc of Said city ; and provided also, that said city shall 

age^s' during t1^' indemnify the Commonwealth from any loss by reason of 

damage done to persons or property during or arising from 

the performance of the acts authorized or permitted by this 

act. Approved April 24, 1867. 



Chap 



164 ^^ -^^^ ^^ RELATION TO THE TIME OF FIXDING INDICTMENTS IN 

CERTAIN CASES. 



Pecuniary penal- 
ty against corpo- 
ration ; indict- 
ment for fiiiling, 
or judgment ar- 
rested or re- 
versed, new one 
may be filed with- 
in year. 



Chap. 165 



Chief justice. 



Associates. 



Payment to be 
quarterly. 



Be it enacted, Sfc, as follows : 

Section 1. If any indictment duly found and returned 
within the time limited by law against any corporation to 
recover a pecuniary penalty is abated or otherwise avoided 
or defeated by reason of, or for any matter of form, or if 
after a verdict against such corporation judgment is arrested, 
or if a judgment against such corporation is reversed on 
writ of error, a new indictment for the same cause may be 
found and filed within one year after the abatement of the 
former indictment or after the reversal of the judgment as 
aforesaid. 

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

Approved April 25, 1867. 
An Act in relation to the salaries of the judges of the 

SUPERIOR court. 

Be it enacted, ^'c, as follows : 

Section 1. The chief justice of the superior court shall 
receive an annual salary of forty-five hundred dollars. Each 
of the associate justices of said court shall receive an annual 
salary of forty-two hundred dollars. 

Section 2. The treasurer of the Commonwealth is 
directed to pay said salaries in equal quarterly payments 
from the first day of xVpril in the year eighteen hundred and 
sixty-seven. Approved April 25, 1867. 



Chap. 166 



Treasurer of state 
shall mail to 

assessors. 



G. S.ll, § 17 
pealed. 



An Act in relation to warrants for a state tax. 

Be it enacted, Sfc, as follows : 

Section 1. Wlien a state tax is to be assessed, the treas- 
urer shall send his warrants for the assessing thereof by mail 
to the assessors of the several cities and towns in the 
Commonwealth. 

Section 2. The seventeenth section of the eleventh 
chapter of the General Statutes is hereby repealed. 

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

Approved April 25, 1867. 



1867.--CHAPTERS 167, 168. 589 

An Act concerning the salaries of certain officers. Chat). 167 

Be it enacted, Sj-c, as follows : 

Section 1. The clerks of tlie senate and of the house cierks, senate 
of representatives shall each receive an annual salary of ^^ 
twenty-two hundred dollars. 

Section 2. The serjeant-at-arms shall receive an annual sergeant-at- 

° 1 i^j_i arms, watchmen 

salary of twenty-two hundred dollars ; and each oi the and firemen, 
watchmen in the state house shall receive an annual salary 
of twelve hundred dollars ; and each of the firemen in the 
state house shall receive an annual salary of seven hundred 
dollars. 

Section 3. The clerk of the insurance commissioner cierk insurance 
shall receive an annual salary of fifteen hundred dollars. commissi ner. 

Section 4. The secretary of the board of agriculture secretary board 
shall receive an annual salary of twenty-five hundred ° »s"<="*"re. 
dollars. 

Section 5. The salary of the messenger to the adjutant- Adjutant-gener 
general's department shall be six hundred dollars. ^ s messenger. 

Section 6. The extra clerks in the several departments Extra clerks in 
at the state house shall have an annual salary not exceeding ^^" '"*° ^' 
thirteen hundred dollars, each : the annual salary of the first First and secomd 
clerk in the tax commissioner's department shall be seven- mt^sioner^ ° ""' 
teen hundred dollars, and that of the second clerk in said 
department fifteen hundred dollars; and the salary of the First cierk, 
first clerk in the office of the treasurer and receiver-general, *'^'^**"'^®'^- 
and of the first clerk in the office of the auditor, shall amutor*"^^' 
annually be the sum of twenty-two hundred dollars. 

Section 7. The messenger to the governor and council assiSt^gorer- 
shall receive an annual salary of one thousand dollars, and nor and council. 
the assistant-messenger to the same shall receive an annual 
salary of eight hundred dollars. 

Section 8. The foregoing salaries shall be paid from the Payawefrom- 
first day of January in the year eighteen hundred and sixty- ''*°' *' ^^^^' 
seven. 

Section 9. This act shall take effect upon its passage. 

Approved April 25, 1867. 



Chap.l6S 



An Act relating to the duties of superintendents of state 

lunatic hospitals. 
Be it enacted, §'c., as follows: 

Section 1. Section thirteen of chapter two hundred and Repeal of §13, 
eighty-eight of the acts of the year eighteen hundred and '" ' 
sixty-four is hereby repealed. 

Section 2. This act shall take effi3ct upon its passage. 

Approved April 25, 1867. 



590 



1867.— Chapters 169, 170. 



Chap. 169 



May loan $8,000 
to aid company. 

Provisos : voters 
to authorize. 



Selectmen may 
take security on 
road and proper- 
ty. 



Town may raise 
money to be so 
used. 



Chap. 110 



Corporators. 



General privi- 
leges and restric- 
tions. 



May have street 
railway in Boston 
as directed by 
board of alder- 



Rails for tracks. 
Lines of route. 



Ax Act to authorize the town of woburx to loan its credit 

TO the north woburn street railway company. 
Be it enacted^ §"c., as follows : 

Section 1. The town of Woburn is hereby authorized to loan 
its credit in aid of the North Woburn Street Railway Company 
to an amount not exceeding eight thousand dollars : provided^ 
the inhabitants of said town, at a legal meeting called for that 
purpose, shall, by a vote of a majority of the legal voters pres- 
ent and voting thereon, vote to loan its credit in aid of said 
street railway company ; provided also, that said town may 
take security for the credit so loaned, on the road, building 
materials, and rolling stock of said company ; the amount 
of security and the terms thereof to be determined by the 
selectmen of said town and the directors of said company. 

Section 2. The town of Woburn is hereby authorized to 
raise, by loan, tax or bonds, a sum of money not exceeding 
eight thousand dollars to be used as provided in the pre- 
ceding section. 

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

Approved April 25, 1867. 
An Act to incorporate the marginal freight railway 

COMPANY. 

Be it enacted, ^'c, as follows: 

Section 1, Thomas Russell, Edward Crane, Harvey 
Scudder, their associates and successors, are hereby made a 
corporation under the name of the Marginal Freight Rail- 
way Company ; with all the privileges and subject to all the 
duties, restrictions and liabilities set forth in the general 
laws which now are or may hereafter be in force relating to 
street railway corporations so far as they may be applicable. 

Section 2. Said corporation, in such manner as may be 
prescribed and directed by the board of aldermen of the city 
of Boston, may construct, maintain and use a street railway 
with suitable turn-outs and with such tracks, not less than 
two, as the said board of aldermen may from time to time 
permit ; tlie rails for said tracks to be of such pattern as the 
board of aldermen may prescribe, and which shall also be 
suitable for railway freight cars in common use, commenc- 
ing at the Boston and Worcester Railroad tracks in Lincoln 
or South Street in said Boston, thence through, upon and 
over Lincoln or South and Beach Streets to Federal Street, 
or through, upon and over Lincoln, Tufts and East Streets 
to Federal Street ; and also commencing on the freight tracks 
of the Old Colony and Newport Railway Company near its 
freight depot in said Boston, thence over, through and upon 
Cove and Beach Streets to Federal Street, or through, upon 



1867.— Chapter 170. 591 

and over Cove and East Streets to Federal Street ; thence 
through, upon and over Federal Street and Broad Street to 
Rowe's Wharf; thence through all intervening estates, at the 
head of Rowe's Wharf and India Wharf to India Street ; 
thence through, upon and over India Street and through the 
westerly end of Central Wharf block and through, upon and 
over the street east of the custom-house to Commercial Street; 
thence through, upon and over Commercial, Causeway and 
Lowell Streets, or through, upon and over Commercial, 
Causeway, Andover and Minot Streets to a connection with 
the freight tracks of the Boston and Lowell Railroad Com- 
pany ; with the right also to consh'uct, use and maintain suie tracks to 

• 1. , ,, • T T 1 T -itj. 1 c wharves or ware- 

side tracks from said Inie above described, to any whari or houses. 
wharves or warehouses suitable for storing freight, when 
requested in writing so to do by a majority in interest 
of the owners or occupants of such wharves or warehouses : 
provided however, that no side track shall be laid upon a Proviso. 
public street to any wharf or warehouse without the approval 
of the board of aldermen. 

Section 3. Said railway shall be used by said corporation sharibeused tor 
for the transportation of freight only; and the cars thereon Motive power. 
shall be drawn only by horse-power, unless the use of other 
power shall be sanctioned by said board of aldermen. 

Section 4. Every steam railway corporation by whose steam railways 
road said Marginal Freiglit Railway passes, shall, in the necrfor traU-°°' 
manner prescribed by said board of aldermen, connect its portation. 
tracks with the same, for the transportation of freight ; and 
every such steam railroad is empowered and required to 
make such connections ; and in making such connections 
said steam railroad companies shall have all the powers and 
be subject to all the liabilities set forth in the sixty-third 
chapter of the General Statutes and in the laws supplemental 
thereto; and it shall be the duty of said Marginal Freight Marginal co. 
Railway Company to receive and deliver freight cars at each deliver freight 
of said connections and haul the same over its road at their tfons!''' ''°°''*''' 
established rates. 

Section 5. Said Marginal Freight Railway company shall May ex toiis for 

1 , r> 1 1 1 n ^ i i i- c transportation 

have tlie power to nx such tolls lor the transportation oi 
freight and the use of elevators as they may, from time to 
time, deem expedient : provided, that said rates shall only be Proviso, 
sufficient to pay the expenses of said corporation and to pay 
a dividend of five per cent, semi-annually upon the capital 
stock of said corporation. 

Section 6. The Commercial Freight Railway Company, commercial Raii- 
incorporated by chapter two hundred and sixty-seven of the unL^withMar- 
acts of the year eighteen hundred and sixty-six, is hereby e'°ai- 



592 1867.— Chapter 170. 

authorized to unite with said Marginal Freight Railway 
Company, and form one corporation on such terms as said 
two corporations may mutually agree upon. 
Marginaico.may SECTION 7. Said corporatiou may within its authorized 
other street rail- liuiits aud for thc authorizcd purposes of this act enter upon 
pTo^verame™ ^ud usc any part of the tracks of any other street railway 
and may so strengthen and improve such tracks as to make 
Corporations fail- them suitablc for the transportation of freight : and if the 
tMm°,sfmeshaii corporations cannot agree upon the manner and conditions 
r29^i'h'229°acts °^ sug\\ oiitry and use or the compensation to be paid there- 
1864. ' for, the same shall be determined in accordance with the 
provisions of the twenty-ninth section of chapter two hundred 
and twenty-nine of the acts of eighteen hundred and sixty- 
four. 
Company may SECTION 8. Said Marginal Freight Railway Company, for 

widen certaia i •-■• i*// 

streets. the conveuieiit location and use of its tracks and to lessen and 

to prevent inconvenience being occasioned thereby to the pub- 
lic travel, are authorized to widen and alter Tufts, East and 
G. s. ch. 63 to Causeway Streets ; and to carry into effect the purposes of 
^^^^' this act, shall be entitled to all the rights and privileges and 

shall be subject to all the duties, liabilities and restrictions 
set forth in the sixty-third chapter of the General Statiites 
and the laws supplemental thereto, so far as the same may be 
Any connecting applicable. Aud auy railroad corporation whose tracks are 
der Lid chlpt^r." authorized to be connected with said Marginal Railway Com- 
pany by this act, shall, for the purpose of properly and con- 
veniently making such connection or for the purpose of 
enlarging or improving their freight or passenger accommo- 
^ dations in the city of Boston, have all the powers, rights and 

privileges and shall be subject to all the duties, liabilities 
and restrictions set forth in the sixty-third chapter aforesaid 
and the laws supplemental thereto, so far as the same may 
be applicable. 
Aldermen, if SECTION 9. Thc board of aldermen of the city of Boston 

piy?may wide^n ' may, upou tlio application of said Marginal Freight Railway 
streets. Company, straighten the streets through which said railway 

is autliorized to pass, and widen said streets so that they 
shall not be less than fifty feet in width between the curb- 
shaiibe under stoucs ; aud Said straightciiing and widening shall be made 
1866'!'^''"''^°^ in accordance with the provisions of chapter one hundred 
and seventy-four of the acts of the year eighteen hundred 
Company shall aud sixty-slx ; and said Marginal Freight Railway Company 
pay one-half cost, gij^n pay gaid city onc-lialf of the net cost to said city of 

such straightening and widening. 
In .<jtreets used, SECTION 10. Said Marginal' Freight Railway Company 

shall keep paving iiii . . ,^.~.°p, . i 

in repair under sliali KCcp HI repair, to the satisfactioii of the superintendent 



1867.— Chapter 170. 593 

of streets of the city of Boston, all the paving between the superintendent 
curb-stones of the streets in which their tracks sliall be laid. ^ '^' ^' 
Section 11. The board of aldermen of the city of Boston, Awermen, if 

.. . „ i •! Other company 

shall, upon the application oi any street railway company having tracks in 
used for the conveyance of passengers, and owning tracks in p*y, nia*/aiiow 
any of the streets which said Marginal Freight Railway toother stree"^ 
Company shall occupy, authorize the company so applying 
to remove its tracks from such streets and shall grant to 
said company in lieu of the tracks so removed an equally 
convenient location in other streets so far as the same may 
be consistent with the public convenience. 

Section 12. Said Marginal Freight Railway Company is Marginal co. may 
hereby authorized to erect and maintain elevators for the for storage and 
storage of grain, to purchase and hold such real estate as [J^o'^i estate there- 
may be necessary therefor, and to collect the tolls for the 
use thereof provided for in section five. 

Section 13. The capital stock of said Marginal Freight capital stock of 
Railway Company shall not exceed one million of dollars, ''''™P*°y- 
and shall be divided into shares of one hundred dollars shares. 
each: provided, no liabilities shall be incurred by said cor- Proviso: condi- 
poration until one-half of the stock shall have been subscribed by°company! * ^ 
l3y responsible parties and twenty per cent, of the amount 
of such subscription shall be paid in, in cash. 

Section 14. The Boston and Worcester Railroad Com- certain railroad 
pany, the Western Railroad Company, tlie Old Colony and subscrn'rt^ailr. 
Newport Railway Company, the Boston, Hartford and Erie gi"aico's stock, 

*■ •/ 1 ./ / ^ each for 5 per 

Railroad Company, the Boston and Providence Railroad cent, of same. 
Company, the Fitchburg Railroad Company, the Boston and 
Maine Railroad Company, the Eastern Railroad Company 
and the Boston and Lowell Railroad Company are each of 
them authorized and shall each of them have the right to 
subscribe to the stock of said Marginal Freight Railway 
Company to an amount not exceeding five per cent, of the 
capital stock thereof as the amount of the same may from 
time to time be determined : provided, that said subscription Proviso: limita- 
shall be made within ninety days from such determination *'°° °^ *"°^" 
or increase of said capital stock. Notice of such determi- 
nation or increase shall be sent to the treasurers of each of 
said railroad corporations; and upon the request of said said co's may 
Marginal Freight Company the said railroad corporations u"pon "equeTt of ' 
before named may, from time to time, make further sub- M^^ginaico. 
scriptions to said capital stock. 

Section 15. Any freight cars arriving in Boston on either Freighted cars in 
of the above mentioned railroads and containing freight des- of^saldroadslh'au 
tined to any other of said railroads shall be taken over said go over Marginal 

■A/r •iT-i-i-r»'i -I TTT T 1 1 1 road with un- 

Marginal b reight Railroad and delivered to such other rail- broken buik. 
18 



594 1867.— Chapters 171, 172, 173. 

Proviso. road without breaking bulk : provided however^ that this regu- 

lation shall only apply to cars containing a full average load . 
Conditions of va- SECTION 16. This act shall be void so far as it authorizes 
vfsions^refa't'ingto tlic coustructiou of tho Marginal Freight Railway over the 
wavco'or^'itreets locatiou of the Commercial Freight Railway or through the 
of its location, strccts in which the said last named railway is located, also 
so far as relates to any rights and privileges granted to said 
Marginal Freight Railway by this act, upon, incident to, or 
connected with said last named location, unless said Marginal 
Freight Railway and said Commercial Freight Railway shall 
unite and form one corporation as they are herein autliorized 
to do, or shall mutually agree upon the joint occupancy of 
said last named location, or unless said Commercial Freight 
Railway Company shall consent in writing that said Marginal 
Freight Railway Company may occupy and lay its tracks 
upon the location of said Commercial Freight Railway. 
Aldermen may SECTION 17. Thc board of aldemicn of the city of Boston 
of "ars'.* """""'"^ shall have full power to regulate the manner and time of 

running the cars upon said Marginal Freight Railway. 
Act in force when SECTION 18. Tliis act shall takc effect as soon as it shall 
^Z^mea.^ be acceptcd by the board of aldermen of the city of Boston. 

Approved April 25, 1867. 

An Act to extend the line for locating and constructing 

THE north ATTLEBOROUGH BRANCH RAILROAD. 

Be it enacted, Sfc, as follows. • 
E.xtended to May SECTION 1. Tlic timc for locatittg and constructing the 
North Attleborough Branch Railroad is hereby extended to the 
first day of May in the year eighteen hundred and sixty-nine. 
Section 2. This act shall takc effect upon its passage. 

Approved April 25, 1867. 

An Act to extend the time for locating and constructing 
the merrimack valley horse railroad. 

Be it enacted, «5'c., as follows : 

Section 1. The time for locating and constructing the 
1, 1869. ' Merrimack Valley Horse Railroad is hereby extended to the 

first day of May in the year eighteen hundred and sixty-nine. 
Section 2. This act shall take effect upon its passage. 

Approved April 25, 1867. 
^7 -, ^Q An Act to extend the time for locating and constructing 

L'llCip. i iO .J.JJE WREXTHAM BRANCH R.\ILROAD. 

Be it enacted, Sfc, as folloios : 
Extended to May Section 1. Thc time for locating and constructing the 
i,iS69. AVrentham Branch Railroad is hereby extended to the first 

day of May in the year eighteen hundred and sixty-nine. 
Section 2. This act shall take effect upon its passage. 

Approved April 25, 1867. 



Chap.m 



1, 1869. 



Chap.m 



Extended to May 



1867.— Chapters 174, 175. 595 

An Act to incorporate the cooperative mills. Chap. 174 

Be it enacted, ^'c, as follows: 

Section ]. Louis Laphara, Robert Adams, Francis B. corporators. 
Hood, their associates and successors, are hereby made a cor- 
poration by the name of the Cooperative Mills, for the pur- Location and 
pose of manufacturing cotton cloths in the city of Fall p^p"^®' 
River; and for this purpose shall have all the powers and Pr'.^'>se^s and re- 
privileges and be subject to all the duties, restrictions and 
liabilities set forth in all general laws which now are or here- 
after may be in force, relating to manufacturing corporations. 

Section 2. Said corporation mayliold, for the purposes May hold real 
aforesaid, real estate necessary and convenient for its busi- 
ness, to an amount not exceeding three hundred thousand 
dollars ; and the whole capital stock shall not exceed seven capital stock and 
hundred and fifty thousand dollars, divided into shares of one *'""'*^' 
hundred dollars each : provided^ however, that said corpo- ProTiso. 
ration shall not go into operation until two hundred and 
fifty thousand dollars of its capital stock has been paid in, 
in cash. 

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

Approved April 25, 1867. 

An Act to incorporate the davol mills. Chap. 175 

Be it enacted, ^'c, as follows: 

Section 1. Charles P. Stickney, Samuel Hathaway, Wil- corporators. 
liam Mason, their associates and successors, are hereby made a 
corporation by the name of the Davol Mills, for the purpose Location and 
of manufacturing cotton and woolen cloths or any fabric p"''^"'^*- 
wholly or in part of wool, cotton, silk, flax, hemp or jute, in 
the city of Fall River; and for this purpose shall have all Privileges and re- 

, .., 11 {• 111!' strictions. 

the powers and privileges, and be subject to all the duties, 
restrictions and liabilities set forth in all general laws which 
now are or hereafter may be in force relating to manufactur- 
ing corporations. 

Section 2. Said corporation may hold for the purposes May hoid real 
aforesaid, real estate necessary and convenient for its business 
to an amount not exceeding four hundred thousand dollars, 
and the whole capital stock shall not exceed seven hundred fif^'^res^'^**"^^*"'^ 
and fifty thousand dollars, divided into shares of one hun- 
dred dollars each : provided however, that said corporation Proviso, 
shall not go into operation until two hundred and fifty thou- 
sand dollars of its capital stock has been paid in, in cash. 

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

Approved April 25, 1867. 



596 1867.— Chapters 176, 177, 178. 

Chat) 176 "^^ ^*"^ ^^ INCORPORATE THE LOWELL FELTING MILLS. 

Be it enacted, c5'c., as folloios : 

Corporators. SECTION 1. JaiiiGS S, Wiggin, GeorgG Brvierton, Moses A. 

Johnson, their associates and successors, are hereby made a 
corporation, by the name of the Lowell Felting Mills, for the 

Purpose. purpose of manufacturing hair felting and any fabric com- 

posed wholly or in part of either wool, hair, cotton, hemp or 
flax, or any manufacture of the same, in the city of Lowell ; 

Privileges and re- aud for this purposc sliall havc 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 hereafter may be 
in force relating to manufacturing corporations. 

May hold real SECTION 2. Said Corporation may hold for the purposes 

aforesaid, real estate not exceeding the value of one hundred 

Capital stock and and fifty thousaud dollars ; and the whole capital stock of said 

* ""^^^ corporation shall not exceed five hundred thousand dollars. 

Proviso. divided into shares of one hundred dollars each : provided 

hoivever, that said corporation shall not go into operation 
until seventy-five thousand dollars of its capital is paid in, 
in cash. 

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

Approved April 25, 1867. 

CllCfV 177 -^^ -^^^ '^^ INCREASE THE NUMBER OF THE STATE POLICE. 

Be it enacted, §"c., as follows: 
Constable of Tlic coustablc of thc Commonwcalth, under the direction 

ecut'iVe°m'ay''ap- of tlic govcmor and council, is here1)y authorized to appoint, 
P°'°'- in addition to the number now in commission, eighty-one 

deputies for such localities as he may deem expedient. 

Approved April 26, 18G7. 
Chcip. 178 An Act defining the duties of the auditor of accounts, and 

ESTABLISHING CERTAIN MATTERS OF FINANCE. 

Be it enacted, ^t., as follows : 

Shall give hond, SECTION 1. Thc auditor of accounts shall give bond to 
ernor.'^to treal-^" the trcasurcr and receiver-general of the Commonwcalth, 



urer. 



with sufficient sureties, to be approved by the governor, Avitli 
the advice and consent of the council, for the faithful dis- 
charge of the duties of his office. 

Salary. SECTION 2. Hc shall rcccive a salary of two thousand five 

hundred dollars a year. Hc may employ in his department 

Clerks and sal- two permanent clerks : the first at a salary of two thousand 
two hundred dollars a year, and the second at a salary of 
seventeen hundred dollars a year ; and such additional cleri- 
cal assistance as may be necessary for the dispatch of the 
public business, at a salary not exceeding thirteen hundred 
dollars a year for each person employed. 



aries 



1867.— Chapter 178. 597 

Section 3. He shall examine and scrutinize all accounts Auditor shaii 
and demands against the state, excepting those for the sala- accountragainst 
ries of the judges of the supreme judicial court, and of the ^'^te, except cer- 
governor, and those due on account of the principal or inter- 
est of a public debt, or of the pay-rolls of the executive 
council, the senate, or house of representatives. In the May require affl- 
cxamination of claims, he may, if necessary, require afifida- '^'^^" ""="'°°- 
vit that articles have been furnished, services rendered, and 
expenses incurred, as therein specified ; and the affidavit for 
articles furnished, services rendered, and expenses incurred 
for any state institution, may be made by the disbursing 
agent or officer thereof. He shall make a certificate specify- suaii certify sums 
ing, in all cases, the amount due and allowed on each demand, p"yee" auJ cUe 
the name of the party to whom such amount is due or pay- •'i^^etc. 
able, the law authorizing the same, and the head of expendi- 
ture to which it is chargeable. Whenever the legislature, Account ap- 
by express statute, authorizes any board or public officer to preJs'^tw'^ana 
approve demands against the Commonwealth, and an a])pro- appropriation 

• • p 1 1 1 • 1 1 CI made, shall certi- 

priation thereior has been made, it shall be the duty oi the fy, and report 
auditor, when such demands are properly approved, to an^to^governor. 
promptly audit and certify as aforesaid, such an amount as 
he may deem correct, not exceeding the appropriation for 
that purpose ; and if, upon examination, it shall appear to 
him that there are improper charges in said accounts, he 
shall report the same to the governor and council, with a 
separate certificate therefor. He shall make record of all After^record, 
certificates in a book kept for that purpose, and shall trans- titicates togover- 
mit said certificates (o the governor, who, with the advice rssue^a*rrant. 
and consent of the council, may issue his warrant to the 
treasurer for the amount therein specified as due. 

Section 4. The provisions of section thirty of chapter as. is, 530, to 
fifteen of the General Statutes, shall be held applicable to '''''''^' 
all acts and resolves now or hereafter authorizing expendi- 
tures or payments from the treasury of this Commonwealth ; 
and the department of the auditor of accounts shall be the Auditor to have 
repository of all original bills and vouchers on which moneys and voudiers"^ 
have been or may be paid from the state treasury, excepting except certain, 
those upon which payments are authorized without the cer- 
tificate of the auditor or warrant of the governor, as provided 
in said section and chapter. And no appropriation shall be ah claims to be 
used for the payment of any account or demand to which cer'relpon^fbi'e^ 
the provisions of this section apply, which shall not have and vouchers 
been first directly authorized and approved by the heads 
of departments or bureaus for which such accounts shall 
have accrued ; and no moneys shall be drawn from any such 
appropriation for expenses, (gratuities and special allowances Exceptions. 



598 1867.— Chapter 178. 

by the legislature excepted,) unless upon full and properly 

approved vouchers filed with the auditor. 
Accounts, how to SECTION 5. The auditor shall keep a distinct account of 
*^ ' public receipts and expenditures under appropriate heads. 

School fund, pub- He shall keep a like statement of the school fund and other 
debtedue.^obe public property, and of all debts and obligations due to and 
Auditor' to hare froui tlic Commonwealtli ; and for such purposes shall have 
bS and papers ^^^^ acccss to the books and papers of the several departments, 
of state. boards and institutions of the Commonwealth. 

Shall examine SECTION 6. Hc shall aiinuallv, in the month of January, 

books and vouch- • ji i i ± i i /• ^i ^ 

ers of treasurer, cxamine thc DOOKS, accouuts and vouchcrs, 01 the treasurer; 
iiis own books, and liis own books and accounts shall be subject at any time 
*'"■ to such examination as the governor and council or the 

Executive and legislature may direct. He shall comply with any regula- 
ora au'irtorT"^ tions iu relation to the duties of his oftice, not inconsistent 
with the provisions of this chapter, which may be transmitted 
to him in writing by the governor and council. 
Auditor shall re- SECTION 7. Oil or bcforc the fifteenth day of January, in 
annually?^ * ""^^ cacli year, the auditor shall submit in print, or otherwise, to 
the legislature, a report exhibiting a full and accurate state- 
ment of the financial condition of tlie Commonwealth, and 
of the pecuniary transactions thereof, during the year ending 
on the last day of the preceding month. 

Report, what SECTION 8. The aiiiiual report of the auditor shall con- 

statements to , • . . i p il • i • J. 1 j_ 

contain. taiu a summary statement of the receipts into, and payments 

from, the treasury of the Commonwealth, for the preceding 
year : also a detailed and particular statement of the receipts 
and expenditures belonging to each year ; said detailed state- 
ment of expenditures to include, first, the expense incurred 
during the year, for the support of all permanent depart- 
ments, services and institutions ; and second, all exceptional 
and special charges, incurred for objects ordered within the 
year, the account being constructed in such manner as to 
show the expenditure actually incurred within the year, as 
far as can be ascertained, whether the same has been paid 
during the year, or whether the whole or a part thereof 
remain unpaid at the close of the year. 

Same subject. SECTION 9. Tlic auditor's rcport, in each year, shall show 

the aggregate amount of funded debt at the beginning and 
end of the year respectively, the balance of increase or 
decrease, and a statement of the cause of such balance ; and 
in like manner, shall show the aggregate amount of all tem- 
porary loans at the beginning and end of the year, the 
balance of increase or decrease, and a statement of the 
cause of such balance. The report shall likewise state 
whether the ordinary expenses of the year have exceeded the 



1867.— Chapter 179. 599 

income, or the contrary, and show the amount of the 
balance. 

Section 10. It shall be the duty of the auditor to include subject con- 
in his report, the items of all accounts of expenditure, so far '""* ' 
as they may be useful or interesting to the people of the 
Commonwealth ; and in particular, so far as may be practi- 
cable, the various heads of expenditure shall be separated, 
so as to show the different officers or boards under whose 
directions the several portions of the expenditure have been 
incurred : all salaries and other general charges shall like- 
wise be separated, so as to show the different classes of 
officers who received the several portions of the expenditure ; 
and no expenditure exceeding five hundred dollars shall be 
included under any indefinite head, if it be composed of 
separate items. 

Section 11. The auditor's report shall annually contain shaii include 
a particular statement of the transactions of the funds co^mTonweaith 
belonging to, or held in trust by the Commonwealth, includ- ^"^001 rD°come 
ing new investments of any portion of said funds which moiety. 
may have been made during the preceding year, and also of 
the manner in which the moiety of the income of the school 
fund, applicable to educational purposes, has been disbursed. 

Section 12. The auditor shall also include in his report ^e'^°;,„e"™**®,°^ 
an estimate, for the current year, of the ordinary revenue rent year, 
of the Commonwealth, and of such other means as he may 
be able to point out for the defraying of expenditures. 

Section 13. In estimating the value of the shares of shar« and otiier 
Western Railroad stock belonging to the Commonwealth, reckoned at mar- 
aud all railroad shares and other securities in the several ''^''^*^"^- 
funds, they shall be reckoned at their market value at the 
time of making the report. 

Section I'l. Sections two, four, five, six, seven, eight and Repeal of §§ of 
nine of cliapter one hundred and fifty -eight of the acts of '^^' ^^ ^' ^' 
the year eighteen hundred and fifty-eight, and sections one, 
two, three, four, five, six, seven, eight and forty-four of 
chapter fifteen of the General Statutes, are hereby repealed, ^ct not to affect 
Advances of money authorized by existing statutes shall not advances of 
be affected by this act. money. 

Section 15. This act shall take effect upon its passage. 

Approved April 26, 1867. 

An Act to amend the charter of the city of newburyport. Chap. 179 
Be it enacted, ^'c, as follows: 

Section 1. The charter of the city of Newburyport is Mayor shaii be 
hereby so amended, that the mayor shall hereafter be ex seeTJof^po°o7and 
officio chairman of the board of overseers of the poor and mitte^°°' ''°™* 



600 1867.— Chapter 180. 

Salary, how fixed of tliG boai'd of scliool coiTimittee ; and shall bo compensated 

and paid. ^^^, ^^^^ serviccs as mayor by a salary, to be fixed by the city 

council, payable at stated periods : and he shall receive 

no other compensation or emolument whatever, and no 

regulation enlarging or diminishing said compensation shall 

be made to take effect until the expiration of the year for 

wliich the mayor then in office shall have been elected, and 

said salary when fixed shall continue until changed by the 

city council as aforesaid. 

ActToidif not Section 2. This act shall take effect upon its acceptance 

accepe in six y j^^ ^j^^ citizcus of Ncwburyport, at a legal meeting called for 

the purpose, within sixty days of its passage. 

Approved April 26, 1867. 

Chcip. 180 -^^ -^^"^ TO INCORPORATE THE UNION LIBRARY ASSOCIATION OF 

BRADFORD. 

Be it enacted^ ^'c. as follows: 
Corporators. SECTION 1. Johu B. Farrar, George Cogswell, L. W. 

Tyler, and all persons who are now members of the present 
Union Library Association of Bradford, and their associates, 
are hereby made a corporation by the name of the Union 
Purpose. Library Association of Bradford, for the purpose of establish- 

ing and maintaining a social library for the diffusion of 
knowledge and the promotion of intellectual improvement in 
Privileges and re- tlic towu of Bradford ; with all the powers and privileges, 
stnctious. ^^^^ subject to all the duties and liabilities set forth in the 

general laws which now are or may hereafter be in force 
concerning corporations, so far as applicable. 
May hold real and SECTION 2. Said coi'poration may take and hold real and 
personal estate. pgj.gQj^Qi cstatc to au amouut iiot excecdiiig twenty-five 

thousand dollars, exclusive of books in its library. 
Property of pres- SECTION 3. All the property now owned by, or which may 
may be trans- accruc to tlic prcscut Uiiiou Library Association of Bradford, 
by'cMporatfon^''^ Hiay bc by it transferred to the corporation hereby created ; 
and the said corporation may take and shall hold the same, 
and all real and personal estate, and all moneys, books and 
pamphlets which shall from time to time be conveyed or 
given to it in any form, or be purchased by it, in trust for all 
the uses and purposes proper and appropriate for a public 
and social library, the same to be used and enjoyed under 
such regulations and upon such terms, and for such com- 
pensation as may from time to time be prescribed by the by- 
Grants, dona- laws of the corporation. All grants, donations or bequests 
quests." ^" made to it, shall be held and used under and in pursuaiice 
of any conditions or rules prescribed in such grants, donations 
or bequests. 

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

Approved April 26, 18G7. 



1867.— CHAriERs 181, 182. 601 

Ax Act to incorporate the lee hotel compaxy. CJlCil). 181 

Be it enacted^ ;Vc., as folloics: 

Section 1. Harrison Garfield, Eliziir Smith, William corporators. 
Taylor, Marshall Wilcox, their associates and successors, are 
hereby made a corporation by the name of the Lee Hotel 
Compan}'-, for. the purpose of erecting and maintaining a purpose. 
hotel in the town of Lee, with the buildings, appurtenances 
and improvements connected therewith ; with all the powers privileges and re- 
and privileges, and subject to all the duties, liabilities and st"=''°i«- 
restrictions contained in all general laws which now are or 
may hereafter be in force and applicable to such corpora- 
tions : provided hoicever, that said corporation shall not Proriso. 
carry on the business of hotel-keeping nor in any Avay be 
interested in such business. 

Section 2. The capital stock of said corporation shall not capital stock and 
exceed fifty thousand dollars, and shall be divided into shares ^'""'''^'' 
of one hundred dollars each ; and said corporation may hold May hold estate. 
real and personal estate to the value of fifty thousand dollars, 
for the purpose mentioned in the first section : provided rroTiso. 
hoivever, that said corporation shall not incur any liability 
until the sum of ten thousand dollars has been paid in, in 
cash. 

Section 8. Said corporation may mortgage its real and corporation mny 

. . i c i-i -ii • xl mortgage estate. 

personal estate to raise money lor the purposes witlnn the 
meaning and intent of this act, and for no other purposes : 
provided, that the amount secured by mortgage shall at no Proyiso. 
time exceed one-half of the amount of the capital stock 
actually paid in. 

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

Approved April 26, 1867. 



CJiap.1%2 



Ax Act in addition to an act to incorporate the franklin 

TELEGRAPH COMPANY. 

Be it enacted, t^'c., as follows : 

Section 1. The Franklin Telegraph Company may pur- May purchase 
chase the rights, property, privileges and franchise of the Company. ^'°*^ 
Insulated Lines Telegraph Company, at such price as the two 
companies may agree upon by a vote of their stockholders, 
■ at meetings duly called and notified for that purpose. • 

Section 2. Said Franklin Telegraph Company may May increase cap- 
increase its capital stock to a sum not exceeding one million "'''®'°'=''- 
dollars, and the par value thereof shall be fixed at one shares. 
hundred dollars per share. 

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

Approved April 26, 1867. 
19 



602 1867.— Chapters 183, 184, 185. 

ChciV 183 '^'^ "^^^ ^^ INCORPORATE THE CAPE ANN GRANITE COMPANY. 

Be it enacled, ^'c, as folloivs : 

Corporators. SECTION 1. Dauiel N. Staiitoii, Frederick K. Ballou, John 

C. Staii^ton, their associates and successors, are herehy 

made a corporation by the name of the Cape Ann Granite 

Purpose and lo- Company, for the purpose of quarrying and cutting stone in 

Privileges and re- the towus of Glouccstcr and Rockport ; with all the powers 

strictions. ^^^^ privilcgcs, aud subject to the duties, restrictions and 

liabilities set forth in all general laws which now are or may 

hereafter be in force relating to manufacturing corporations. 

ritiwartraX to SECTION 2. Said corporatlou may construct, maintain and 

wharves witii usc, for tlic trausportatiou of merchandise, railway tracks 

coiiPent of towns n •, -r-j ^ i ^ ,tii 

Of Gloucester and iroui its quamcs to its wharvcs, to be operated by horse- 
Kockpo»t. power, upon such road or highway, in such manner and 

upon such conditions as the selectmen of the towns of 
Gloucester and Rockport respectively, shall fix and deter- 
mine, 
siiaii have office SECTION 3. Said Corporation shall have its principal 
Estate, capital officc ill tlic city of Bostoii, and the capital stock shall be 
and shares. ^^^,^ hundred and fifty thousand dollars, divided into shares 
of one hundred dollars each, and may hold real and personal 
estate necessary and convenient for its business not exceed- 
condition.sofcor- ing that sum : provided however, that it shall not commence 
la 1 1 y. QpQj.j^i-jQjjg ^j, jjiQ^^p ai^y liability, until one hundred thousand 
dollars shall have been subscribed to its capital stock, and 
fifty thousand dollars paid in, in cash. 

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

Approved April 26, 1867. 

Chai). 184 -^^ -^^^ ^^ ADDITION TO AN ACT TO INCORPORATE THE WADING 
-' ' RIVER RESERVOIR COMPANY. 

Be it enacted, Sfc, as folloit 

May have reser- Section 1. Tlic Wadiug Rivcr Reservoir Company is 

voirs on A^ading, , , li • -\ -\ i, , , !•• 

Three Mile, Rum- licreby authorizcd and empowered to construct and maintain 
fej-'mver^and*^ rcscrvoirs of water on the Wading, Three Mile, Rumford 
and Chartley Rivers and their tributaries, in the county of 
Norfolk, in the same manner as they are now authorized to 
construct and maintain them in the county of Bristol. 
Section 2. This act shall take effect upon its passage. 

Approved April 26, 1867. 



tributaries. 



ChapASb 



An Act to incorporate the saint Joseph's home. 

Be it enacted, ^'c, as follows: 

Corporators. Section 1. H. Sidiicy Evcrctt, Richard S. Fay, Francis 

H. Jackson, their associates and successors, are hereby made 

Location and a cor])oratioii in the city of Boston, by the name of the Saint 
Joseph's Home, for sick and destitute servant girls, for the 



purpose. 



1867.— Chapters 186, 187, 188. 603 

purposes of providing a home and otherwise aiding and 
assisting sick and destitute servant girls ; with all the powers Privileges and re- 
and privileges, and subject to all the duties, liabilities and ^'™"°"«- 
restrictions set forth in all general laws wdiich now are or 
may hereafter be in force and applicable to such corpo- 
rations. 

Section 2. Said corporation may hold real and personal May hoid estate, 
property for the purposes set forth in the first secti^ia of this 
act, not exceeding one luTndred and fifty thousand dollars. 

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

Approved April 26, 1867. 

Ax Act to change the name op the female bethel society Qli^jy 186 

OF NEWBURYPORT. -* * 

Be it enacted, ^'c, as follows: 

The Female Bethel Society of Newburyport shall here- shaii take name 
after be called and knowu as the Newburyport Bethel BethersSy!' 

Society. Approved April 26, 1867. 

An Act to amend an act for supplying the city of salem /^a„^, i o-y 

WITH PURE WATER. ^^^^1^' ^^ ^ 

Be it enacted, ^'c, as foUoivs : 

Section 1. So much of the twelfth section of chapter two prohibition of 
hundred and sixty-eight of the acts of the year eighteen notorbonlf^' 
hundred and sixty-four as prohibits the sale or pledge of the ^^'^-^ »' less than 
scrip, notes, bonds or certihcates m said section mentioned, 
at less than the par value thereof, is hereby repealed. 

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

Approved April 29, 1807. 

An Act in relation to the returns by assessors of shares 

in banking institutions. 
Be it enacted, ^-c, as follows: 

Section 1, The returns now required to be made by shaii be made by 
assessors under the provisions of the second section of chapter fift<'''°th May to 

ir I tax commission- 

two hundred and forty-two of the acts of the year eighteen er, whoshaii 

hT -, 1 • i r- ^ 11 ^ pjt i ip send to assessors 

undred and sixty-hve, shall liereaiter be made on or beiore copies of iists, 

the fifteenth day of May in each year, to the tax commissioner a"r^/|'ch°242r 
of the Coramonw^ealth ; and said commissioner shall, on or i865, etc. 
before the twentieth day of June in each year, transmit to 
the assessors of the several cities and towns of the Common- 
wealth, a true copy of the lists furnished by such assessors, 
and the full returns required by said act, and also of the 
returns made to the tax commissioner by the Mercantile 
Savings Institution of the city of Boston, pursuant to the act 
of the year eighteen hundred and sixty-seven, relating to the 
taxation of that institution. 



par, repealed. 



Chajh ISS 



604 1867.— CiiArTERs 189, 190. 

Commissioner SECTION 2. TliG tax commissioiicr shall annually, on or 

ju^uUaseno'nst before the twentieth day of June in each year, cause to be 

firsTjla^'To''''^ °° forwarded to the assessors of every city and town in this 

assessors. Commonwealtli a list of all Massachusetts corporations 

known to him to be taxable on the first day of May next 

preceding said twentieth day of June under chapter two 

liundred and eighty-three of the acts of the year eighteen 

hundred and sixty-five ; and such other information in his 

possession, as in his judgment will assist the assessors of the 

cities and towns in the assessment of taxes. 

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

Approved April 30, 1867. 

CllClp. 189 -^^ -^^^ ^^ AUTHORIZE THE TREASURER OF THE COMMONWEALTH 
■* " TO PAY CERTAIN MONEYS TO THE AGRICULTURAL COLLEGE. 

Be it enacted, cVc, as follows : 
May pay interest SECTION 1. Tlic trcasurcr of the Commonwealth is hereby 
accrued'since ' instructcd to pav to tlic trcasurcr of the Agricultural College 
juiydu, iBbi. .j^i^^ interest which has accumulated on the Agricultural 

College fund, for the benefit of said college, 'since July 

thirtieth in the year eighteen hundred and sixty-four. 
Repeal. SECTION 2. All laws incousistcnt with the provisions of 

this act are hereby repealed. Approved April 30, 1867. 

Chci}). 190 -^^ -^*^^ RESPECTING THE OCCUPATION OF FLATS IN THE HARBOR OF 
' " GLOUCESTER. 

Be it enacted, §'c., as folloivs : 
Owners of «at3 SECTION 1. All pcrsous owuiug flats in the harbor of 
SwboTiim^. ° Gloucester are hereby authorized to extend and maintain 
wharves upon the same, or to fill up and build upon the 
same, but not beyond the harbor lines there now established. 
Certain owners SECTION 2. All pcrsons owuiug flats iu the harbor of 
thefrmit'e"riiner Gloucestcr wliosc outcr liucs of title are the low-water 
over state flats. j^-,r^^.]^^ q^ onc huudrcd rods below the high-water mark, may 
extend and maintain wharves over any flats of the Common- 
wealth that may lie between their said outer lines and the 
harbor lines there now established, but in such manner that 
all persons affected by this grant may have equal proportion- 
ate rights of advancing to or toward the said harbor lines. 
Harbor commis- SECTION 3. All tluugs wliicli may at any time bo done 
prove uncTer rh! uudcr tliis grant, sliall be subject to the determination and 
149, ^ 4, 1S60. approval of the board of harbor commissioners, as provided 
in section four of chapter one hundred and forty-nine of the 
acts of the year eighteen hundred and sixty-six. 
Change of harbor SECTION 4. If tlic liarbor liucs of Glouccstcr shall at 
construed.'" ^^ any tiiuc be removed nearer to the high-water mark, this 
grant shall be construed to apply only to such new lines, 



1867.— Chapters 191, 192. 605 

except so far as valuablo structures may have been actually 
and ill good faith built under the same. 

Section 5. When in any previous grant of a right to Previous grant to 
extend and maintain a wharf in Gloucester harbor, liberty bTckenfea pH-*° 
has been given to lay vessels at the sides or end of such cfothe^plrson ^ 
wharf, the liberty so granted shall not be construed as a or of state. 
grant of any private right in or over the flats of any other 
person, or of any private right in or over the flats of the 
Commonwealth not revocable at any timaby the legislature. 

Section 6. The grants made by this act are revocable by Grants herein 
the legislature at any time, except so far as valuable struc- except" ce7tain. ' 
tures may have been actually and in good faith built under 
the same. 

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

Approved April 30, 1867. 

Ax Act to authouize.thk bostox and martha's vineyard peat Chnj) \Q\ 

COMPANY TO BUILD WIIAUVES ON MARTHA'S VINEYARD, "^ ^ 

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

Section 1. The Boston and Martha's Vineyard Peat May buiid from 
Company is hereby authorized to build and maintain two wTwuhcou''-' 
wharves from the high-water mark on the north shore of f,,°et;°rs'"'°" 
Martha's Vineyard, l)eginning, one on the land of Hariph 
Mayhew, and the other on the land of Benjamin Hillman, 
near to the peat lands of said company, with the permission 
of the said Mayhew and Hillman respectively, and extending 
out into the Vineyard Sound so far as to give twelve feet of 
water at the end of the wharves at low tide : provided, that Proviso: iiarbor 
all tilings done under this grant shall be subject to the ~rt'''" '° 
determination and approval of the board of harbor commis- 
sioners, as provided by section four of chapter one hundred 
and forty-nine of the acts of the year eighteen hundred and 
sixty-six ; and 2)7-ovided, 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 30, 1867. 

An Act to authorize the franconia iron and steel company fj/nqy jQO 

TO EXTEND ITS WHARF IN WAREHAM. -^ ' ^ 

Be it enacted, !^-c., as follows: 

Section 1. The Franconia Iron and Steel Company is May extend on 
hereby authorized to extend its wharf in Wankinco River in il wareham.''" 
Wareham on a line Avhich shall be a continuation of the front 
line of the present wharf, along the shore of said river, in a 
southerly direction one thousand feet, then turning at a right 
angle and running westerly to the shore: provided, that all Proviso: harbor 
things done under this act shall be subject to the detcrmi- l°p^wve!°^^^^ 



606 



1867.— Chafters 193, 194. 



Chap. 193 



Corporators. 



nation and approval of the board of harbor commissioners as 
provided in section four of chapter one hundred and forty- 
nine of the acts of the year eighteen hundred and sixty-six. 
Section 2. This act shall take effect upon its passage. 

Approved April 30, 1867. 
Ax Act to incorporate the Massachusetts church missionary 

SOCIETY. 

Be it enacted, &i~c., as follows : 

Section 1. George A. Brown, James S. Amory, Martin 
L. Bradford, their associates and successors, are hereby made 
a corporation by the name of the Massachusetts Church Mis- 

Purpose. sionary Society, for tlie purpose of promoting the preaching 

of the gospel, of organizing and assisting churches of the 
Protestant Episcopal denomination, and of educating candi- 
dates for the ministry ; 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. 

May hold estate. SECTION 2. Said corporatiou shall have power to hold real 
and personal estate to an amount not exceeding one hundred 
and fifty thousand dollars. 

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

Approved May 2, 1867. 



rrivileges and re 
strictions. 



Chap. 194 

Corporators. 



Purpose and lo- 
cation. 



Priyileges and re- 
strictions. 



May hold real 
estate. 



Capital stock and 
shares. 



ProTiso. 



An Act to incorporate the Renfrew manufacturing company. 

Be it enacted, §"c., as follows : 

Section 1. George H. Gilbert, Levi L. Brown, James 
Renfrew, junior, their associates and successors, are hereby 
made a corporation by the name of the Renfrew Manufactur- 
ing Company, for the purpose of manufacturing woolen or 
cotton yarns or cloths, or any fabric wholly or in part of cot- 
ton or wool, in the town of Adams ; and for this purpose 
shall have all the powers and privileges, and be subject to 
all the duties, restrictions and liabilities set forth in all gen- 
eral laws which now are or may hereafter be in force relat- 
ing to manufacturing corporations. 

Section 2. Said corporation, for the purposes aforesaid, 
may hold real estate necessary and convenient for its busi- 
ness to an amount not exceeding two hundred thousand dol- 
lars ; and the whole capital stock shall not exceed the sum 
of six hundred thousand dollars, divided into shares of one 
hundred dollars each : provided, however, that said corpora- 
tion shall not go into operation until one hundred thousand 
dollars of its cajntal stoclc shall have been paid in, in cash. 

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

Approved May 2, 1867. 



1867.— Chapters 195, 196. 607 

An Act to authorize the digiiton furnace company to build a QJ^^r)^ J 95 

AVHARF IN TAUNTON. -^ * 

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

Section 1. Tho Digiiton Furnace Company is hereby May buna on 
authorized to build and maintain a wharf on the westerly Taunton GTeat"^ 
bank of Taunton Great River, in the manner following ; ^"'"^' 
beginning at low-water mark on the line between their land 
and the land of Lorenzo Lincoln and Company, and thence 
running into the river easterly twelve feet, then turning at 
right angles and running northerly one hundred and fifty feet, 
then turning and running westerly three feet to the low- 
water mark on the line of the land of J. W. Hathaway : pro- Proviso: harbor 
vidccl, that all things done hereunder shall be subject to the s^ain 
determination and approval of the board of harbor commis- 
sioners, as provided by section four chapter one hundred and 
forty-nine of the acts of the year eighteen hundred and sixty- 
six ; and provided, 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 May 2, 1867. 



commissioners 



Chap. 196 



An Act authorizing natiianiel harris to build whArves in 

CniLMARK. 

Be it enacted, ^'c, as follows : 

Section 1. Nathaniel Harris of Boston is hereby author- Maybuiidonown 
ized to build and maintain the following described wharves Hate of "(fommon- 
in Chilmark on any flats being his property, and over any wealth. 
flats of the Commonwealth that may lie in front of his outer 
line of flats, to wit : one wharf at his lands at the Roaring- 
Brook, extending not over four hundred and fifty feet below, 
the low-water mark, and of a width not exceeding seventy- 
five feet; a second wharf of the same length and width, at a 
point about one-third of a mile south-westerly from the first 
named wharf; and a third wharf of the same length and 
width at his lands in Manamshi Bight: provided, that all pi^o^'^.o-.i^^^o"^ 
things done under this grant shall be subject to the deter- shaii approve. 
mination and approval of the board of harbor commissioners, 
as provided in section four of chapter one hundred and forty- 
nine of the acts of the year eighteen hundred and sixty-six ; 
and provided, 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 May 2, 1867. 



608 .1867.— Chapters 197, 198. 

Chan 197 -^^ ^*^^ '^'^ incorporate the north andover mills. 

Be it enacted, ^'c, as follows: 

Corporators. SECTION 1. "William SuttoH, Ebon Sutton, Moses T. 

Stevens, their associates and successors, xire hereby made a 

corporation, by the name of The North Andover Mills, for 
Purpose. the purpose of manufacturing woolen or cotton cloths, or 

any fabric wholly or in part of wool, cotton, silk, flax, hemp 
Privileges and re- or jutc, iu thc towu of North Audovcr ; and for this purpose 
stnctions. ghall havc all the powers and privileges, and be su1)ject to all 

the duties, restrictions and liabilities set forth in all general 

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

manufacturing corporations. 
May hold real SECTION 2. Said corporrltiou, for the purposes aforesaid, 

^^'^*®' may hold real estate necessary and convenient for its business 

to an amount not exceeding one hundred thousand dollars, 
Capital stock and the whole capital stock shall not exceed six hundred 
and shares. thousaud dollars, divided into shares of one hundred dollars 

each. 
Conditions of SECTION 3. Said corporation shall not commence opcra- 

operation. tious uutil two huudrcd tliousaud dollars of its capital stock 

is paid in. 

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

Approved May 2, 1867. 

Chan 198 ^^ ■^^'^ '^'^ authorize LORENZO LINCOLN AND OTHERS TO BUILD 
' ' A WHARF IN TAUNTON. 

Be it enacted, ^'c, as follows: 
May build on SECTION 1. Lorcuzo Liucoln, Jonathan T. Lincoln, 

Taunton cfi"at°^ Edward L. Lincolu and James M. Lincoln are authorized to 
i^i^«'^- build and maintain a wharf in Taunton on the westerly bank 

of Taunton Great River, in the manner following : beginning 
at low-water mark, on the line between their land and the 
land of J. W. Hathaway and thence running into the river 
easterly fourteen and a half feet, then turning at right angles 
and running northerly two liundrcd feet, then turning and 
running westerly twelve feet to the low-water mark on the 
ProTiso : harbor line of thc land of thc Dighton Furnace Company: provided, 
shairapproTe.^ that all tliiugs douc hereunder shall be subject to the 
determination and approval of the board of harbor commis- 
sioners, as provided by section four of chapter one hundred 
and forty-nine of the acts of the year eighteen hundred 
sixty-six ; and provided, 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 May 2, 1SG7. 



1867.— Chapters 199, 200. 609 

Ax Act concerning the derby wharf corporation. Chan. 199 

Be it enacted, ^t., as follows : 

Section 1. At a meeting of the members of the Derby Holders and rep- 
Wliarf Corporation to be duly called in the manner provided stoek'fo bf °^ 
by the fifth section of chapter sixty-eight of the General ^rc^oSoSuTt 
Statutes on the written application of Lemuel B. Hatch, meeting to be 
wharfinger of such corporation, to any justice of the peace 
in the county of Essex, all persons holding certificates of 
stock in said corporation or the legal representatives of any 
such persons deceased shall bo deemed members of said cor- 
poration, and shall be entitled to act at such meeting; and company may 
the said corporation may then and there be reorganized by cSmTc'ts^of 
the clioice of all proper officers : and after such choice of officers. 
officers it shall be lawful for the said corporation to ratify 
and confirm all acts of any person or persons who have here- 
tofore acted in good faith as officers thereof. 

Section 2. All acts and proceedings so ratified and con- Acts so ratified to 
firmed, shall l)e valid to all intents in law in the same degree by duly elected 
and with the same effect as if said officers had been duly oncers, 
elected at lawful meetings of said corporation, and said acts 
and doings had and done in pursuance of lawful votes of 
said corporation: and the said corporation shall have Records may be 
authority to cause the records to be made up, and being ™'^'^^^'p ^"'^''p 
approved by vote of said corporation the same shall bo 
deemed to be the true and proper records thereof. 

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

Approved May 2, 1867. 

An Act to incorporate the pasque island corporation. ^, ono 
Be it enacted, A'c, as foUoios : -t ' 

Section 1. Welcome R. Beebc, Genio C. Scott, Peter corporators. 
Balen, their associates and successors, are hereby made a 
corporation on the island of Pasque in the town of G-osnold, Location and 
by the name of the Pasque Island Corporation, for the pur- t^'"^"^'^- 
pose of erecting on said island houses and other buildings 
for residence and the propagation of fish; with all the privileges and re- 
powers and privileges, and subject to the duties, liabilities strictious. 
and restrictions wdiich now are, or may be in force relating 
to such corporations ; and with the right to close the outlets May close outlets 
to creeks in said island for the propagation of black bass or '° "'"^^^• 
other fish. 

Section 2. Seining or taking fish in any other mode than penalty for sein- 
by hook and line within forty rods of the shores of Pasque rods^of'^hore!^'^ 
Island is prohibited under a forfeiture for each offense of a 
sum not exceeding twenty dollars, and not less than five 
dollars, to be recovered in any court proper to try the same. 

20 



610 1867.— Chapters 201, 202. 

Company may SECTION 3. Said Corporation may hold real and personal 
estate to the amount of fifty thousand dollars, and mortgage 

Capital stock and and Sell tho Same; and the whole capital stock of said 

E ares. corporatlou shall not exceed fifty thousand dollars, nor be 

less than twenty-five thousand dollars, divided into shares of 

Proviso. one hundred dollars each : provided^ that said corporation 

shall incur no liabilities until an amount equal to fifty per 
cent, thereof is subscribed and paid in, in cash. 

Approved May 2, 1867. 



T CONCERNING THE OLD COLONY AND NEWPORT RAILWAY 
COMPANY. 



Chap. 202 



Chap. 2^1 ^^ Ac 

Be it enacted, §'c., as follows : 

May, under bar- SECTION 1. The Old Colony and Ncwport Railway Com- 
ers^, wideTi' bridge pany is hereby authorized, under the direction of the harbor 
cblnner ^"'"'^ commissioncrs, to widen its bridge across Fort Point Channel 
to a line commencing at a point in the commissioners' line 
on the northerly side of said channel not exceeding twenty 
feet, measured on said line, from tho intersection of the 
westerly side of the present bridge with said line, thence 
running by a curve not exceeding one hundred and twenty- 
five feet long, and eight hundred and twenty feet radius, to 
a point in the westerly side of said bridge. 

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

Approved May 2, 1 867. 

An Act to authorize the town of winthrop to loan its credit 

TO the winthrop horse railroad company. 
Be it enacted^ §'c., as follows : 
May loan 20,000 Section 1. The towu of Wiuthrop is hereby authorized 
to loan its credit in aid of the Winthrop Horse Railroad 
Company, to an amount not exceeding twenty thousand 
Provipos; three- doUars : pi'ovlded, that three-fourths of the legal voters of 
a°p"prove.^°'*^" '" Said towu prcscut and voting at a legal meeting called for 
that purpose, shall vote to loan the credit of said town as 
Shall take ge- aforcsaid ; and provided, also, that said town shall take such 
*^""^' security for said loan and upon such terms as the selectmen 

of the town and the directors of said company shall deter- 
mine. 
Town may raise SECTION 2. Thc towu of Wiuthrop is hcrcby autliorizcd 

money by loan, , . , , ^ , i V i. t 

tax or bonds. to raisc by loan, tax or bonds, a sum ot money not exccedmg 
twenty thousand dollars, to be used as provided in the 
preceding section. 

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

Approved May 2, 1867. 



to furnish forms. 



Chap. 204 



18G7.— CHArTEKs 203, 204, 205, 206. 611 

Ax Act relating to returns of savings banks. Chan 203 

Be it enacted, ^x., as folloivs: 

Section 1. In addition to the statements now required Additional state- 
in the annual returns of savings banks and institutions for in annual return, 
savings, each treasurer thereof shall state the number and 
amount of deposits received ; the number and amount of 
deposits received of and exceeding three hundred dollars at 
one time ; the number and amount of withdrawals ; the 
number of accounts opened ; the number of accounts closed, 
and the amount of surplus on hand, severally, for the year 
included in the returns. 

Section 2. Blank forms of the annual returns shall be secretary of state 
furnished to every such corporation by the secretary of the 
Commonwealth. 

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

'Approved May 2, 1867. 

An Act to repeal all laws requiring the sealing of milk cans 
Be it enacted, ^'c, as folloivs: 

All acts and parts of acts which require the sealing of Repeal. 
cans in which milk is transported or sold, are hereby 
repealed. Approved May 2, 18Q7. 

An Act in addition to an act concerning the division of flats, ni.^^j ont; 
Be it enacted, S^'c, as folloivs: 

Section 1. Persons having received grants from the legis- Grantees of 
lature of any flats of the Commonwealth lying between their nfasVoml^^^ 
outer lines of property and any harbor lines there established, harbor ums may 
or grants from the legislature of rights to build upon any have bounjs set- 
such fiats of the Commonwealth, may have the lines and sog, isei. 
boundaries of their respective rights settled in the manner 
provided by chapter three hundred and six of the acts of 
the year eighteen hundred and sixty-four, sultjcct to the 
exception therein as to the rights and title of the Common- 
wealth. 

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

Apjjroved May 2, 1867. 
An Act in addition to an act concerning the qualifications (^7,^.. OQf? 

OF electors. J . 4, \J 

Be it enacted, ^'c, as follows: 

The name of no person shall be added to the voting lists Name of voter, if 
in any city of this Commonwealth after the lists have been hamit of 'waVa* 
placed in the hands of the ward officers, unless the qualifica- o*?'^". to be cer- 

• n • 1 11111 1 • tifieil by oty 

tions 01 said person as a voter shall have been determined by c'erk as herein. 
the mayor and aldermen, at some meeting held previous to 
the opening of the polls ; such fact to be verified by the 
certificate of the city clerk. Approved May 2, 1867. 



612 1867.— Chapiers 207, 208. 

Chdi) 207 ^^ '^^^ ^^ ADDITION TO AX ACT TO IXCORPORATK THE MAUSIIPEE 
"' MANUFACTUKIXG COMPAXY. 

Be it enacted, S)-c., as follows : 
May use its real Section 1. TliG MarslipGG Manufacturing Company is 
may deem of ser- licreby autliorizecl to use any part of the real estate which by 
Md people 0"' it^ ^ct of incorporation it is authorized to hold for any pur- 
^°'°''- poses which, in the opinion of the directors of said company, 

will promote industry and furnish employment among the 
Indians and people of color in Marshpee. 

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

Approved May 4, 1867. 

CllCtY). 208 -^^^ -^^^ ^^ INCORPORATE THE SPOT POXD WATER COMPANY. 

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

Corporators. SECTION 1. Sauiuel E. Scwall, Daulcl W. Gooch and 

George W. Heath, of Melrose, Elisha S. Converse, J. H. 

Abbott and George P. Cox, of Maiden, and James 0. Curtis, 

Charles V. Bemis and Benjamin F. Hayes, of Medford, 

their associates and successors, are hereby made a corpora- 

May supply water tlou by tlic uamG of tlio Spot Poud Watcr Company, for the 

rosl^liakien and P^ii'pose of Supplying the inhabitants of said Melrose, 

co^r^ynrate powers ^l^iltlcu aud Mcdford, wlth purc water; with all the powers 

and liabilities, and privilcgcs, and subject to all the restrictions, duties and 

liabilities set forth in the general laws which are now or 

may hereafter be in force relating to such corporations, so 

far as they may be applicable. 

May convey SECTION 2. Said corporatloii may take, hold and convey 

ponTthrough through the town of Stoneham, so far as may be necessary, 

rosrMaWeu and ^^'^^ ^o, iuto aud througli thc sald towns of Melrose, Maiden 

Mediford. and Medford, the waters of Spot Pond, so called, situate in 

the towns of Stoneham and Medford, and the waters which 

flow into and from the same. 

Capital stock and SECTION 3. Tlic Capital stock of said company shall not 

exceed three hundred thousand dollars, to be divided into 

Real and personal sharcs of ouc huudrcd dollars each ; and said company may 

estate. \\o\([ real and personal estate not exceeding in amount one 

May hold land liuudrcd thousaud dollars, and may also take and hold, by 

purchase or otherwise, such land as maybe necessary for 

erecting and maintaining dams and reservoirs, and for laying 

and maintaining conduits, pipes, drains, and such other 

works as may be necessary for the purity and preservation 

of said waters, and for collecting, conducting and distribut- 

condition of en- iiig thc sauic as herciu provided. But said company shall 

try upon land of , , ,. .1 1 • -p i ii 

person, or of uot cutcr upou or usc, lor tlic purposc hercm sj^ecihcd, tlie 
tauing water. j^^j^^j of auv persou, or takc watcr from said pond, until 

thirty thousand dollars in cash have been paid in upon the 

capital stock of said corporation. 



1867.— Chapter 208. ' 613 

Section 4. Said company within sixty days after the company shaii 
taking of any of the land aforesaid, shall file in the registry Lnd h "!.gis°ry° 
of deeds for the county of Middlesex a description thereof, °^ '^'""^^■ 
sufficiently accurate for identifying the same. 

Section 5. Said company may make aqueducts, from the May make aque- 
sourcc above mentioned, through any part of the towns of"sakrtowns!"' 
aforesaid, and may maintain the same by suitable works, ^^'J/^^p^p'^ ^j^j^' 
may make reservoirs and hydrants, and may distribute the denaudjiedrord. 
water throughout said towns of Melrose, Maiden and 
Medford by laying down pipes, and may establish the rents 
therefor. And the said company, for the purposes aforesaid. May, under se- 
may enter upon and dig up any road, under the direction of roadT"' '^"^ 
the selectmen of said towns respectively, in such manner as 
to cause the least hindrance to the travel thereon. 

Section G. All claims for damages sustained by taking Damages: Haims 

,, , , • ^ j_ 1 !• li for to be heard aa 

land, water or water-rights, or by making aqueducts, reser- incase of laud 
voirs or other works, shall be ascertained, determined and ^°'^ h'siiways. 
recovered, in the manner now provided by law in case of 
land taken for highways, except that the complaint may be 
filed within three years after said taking. 

Section 7. Any person who shall maliciously divert the Penalty if person 
water, or any part thereof, of the sources which shall be vert or "or^ruj^t 
taken by said corporation, pursuant to the provisions of this properU'.'"^""* 
act, or who shall corrupt the same, or render it impure, or 
who shall maliciously destroy or injure any dam, reservoir, 
aqueduct, pipe or hydrant, or other property held, owned 
or used by the said company for the purposes of this act, 
shall pay three times the amount of actual damage to the 
said company, to be recovered by any proper action ; and 
every such person, on conviction of either of the malicious 
acts aforesaid, may be punished by fine not exceeding one 
hundred dollars, and imprisonment not exceeding six 
months. 

Section 8. The said towns of Melrose, Maiden and Towns of Mei- 
Medford, or any two of them, in case the remaining town MedVora, oV"^" 
declines to participate in said purchase, may, at any time wi'twaTs'^Sre,' 
within fifteen years from the time this act takes effect, pur- purchase proper- 

tv for sum of 

chase the franchise of said corporation and all its corporate cost and lo per 
property by paying therefor the amount expended for the I'nteresr *°''"™ 
construction, maintenance and repairs of said water works, 
and all necessary incidental expenses, together with interest 
thereon, at the rate of ten per centum per annum, less the 
amount derived therefrom, with interest thereon at the rate 
aforesaid. And in case the said towns cannot agree as to Towns failing to 

. O agree, commis- 

the portion of said amount to be paid by each, the supreme siouers by s. j. 

T-i , •,• ,1 p Ti- /> court may award 

judicial court, or any justice thereoi, upon application oi pay. 



614 



1867.— CHAriER 208. 



Towns purchas- 
ing may issue 
" water scrip," 
payable in not 
more thati 
twenty years. 



May sell as shall 
deem pro{>er. 



May assess for 
payment, not to 
exceed $5,000 in 
one year. 



Towns purchas- 
ing shall h.'ive 
powers and du- 
ties by agents 
they may ap- 
point. 



Damages, liabil- 
ity of towns for. 



Payment, how 
determined. 



Company shall 
observe water 
marks. 



S. J. Court, on 
application, to 
appoint commis- 
sion to erect 
monuments at 
points of rise and 
fall of water. 



either town, so purchasing, shall appoint three commission- 
ers to award the amount so to be paid by each, which 
award shall be final. 

Section 9. For the purpose of defraying the cost of such 
franchise and corporate property as shall be purchased 
for the purposes aforesaid, each of the towns, so purchasing, 
shall have authority to issue, from time to time, notes, scrip 
or certificates of debt, to be denominated on the face thereof 
" Spot Pond Water Scrip," to an amount not exceeding the 
proportion payable by each such town, bearing interest pay- 
able semi-annually, and the principal shall be payable at 
periods not more than twenty years from the issuing of the 
said scrip, notes or certificates respectively ; and such town 
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 such town shall deem proper. And 
each of such towns, so purchasing, is further authorized to 
make appropriations and assess from time to time, such 
amounts, not exceeding in any one year the sum of five 
thousand dollars, towards paying the principal of the money 
so borrowed, and also a sum sufficient to pay the interest 
thereon, in the same manner as money is assessed and 
appropriated for other town purposes. 

Section 10. In case the towns of Melrose, Maiden and 
Medford, or any two of them, shall purchase the property, 
rights and privileges of said company, said towns so pur- 
chasing, shall exercise all the rights, powers and authoi-ity, 
and be subject to all the restrictions, duties and liabilities 
herein contained, in such manner, and by such officers, 
servants and agents as said towns shall, respectively, from 
time to time, ordain appoint and direct. And said towns 
shall be lialjle to pay all damages occasioned by the diver- 
sion of any water, or the obstruction of any stream, or the 
flowing of any lands for the purposes of said aqueduct, for 
which said company might be legally liable ; the amount 
payable by each town to be determined in the same manner 
as provided in the eighth section of this act for determining 
the amount payable by such town for the purchase of the 
franchise and corporate property therein mentioned. 

Section 11. Said company shall not at any time draw 
the waters of said pond below low- water mark of said pond, 
nor raise them above high-water mark. 

Section 12. A commission of three persons shall be 
appointed by the supreme judicial court, or any justice 
thereof, on application of said company, or of any party in 
interest, who shall, at the cost and expense of said company, 



1867.— Chapter 209. 615 

after public notice to the parties in interest, ascertain the 
points between which the waters of said pond and its out- 
let rise and fall, and shall erect permanent monuments 
showing the same, and shall make a full report of all their 
doings to the supreme judicial court. 

Section 13. Nothing in this act contained shall be so Rights of stone- 
construed as to prevent or interfere with the right of the ponli^uolto^r 
town of Stoneham to take w^ater from said Spot Pond for the >™p'^'"<i- 
use of the inhabitants of said town. And said company company may 
nuiy furnish water to such inhabitants of said town as may- 
desire the same, at the same rates as to the inhabitants of 
other towns. Approved May i, 1867. 



supply said town. 



Chap. 209 



Ax Act concerning records and returns from the overseers 

OF THE POOR. 

Be it enacted, ^'c, as follows : 

Section 1. It shall be the duty of overseers of the poor overseers shaii 

- keep full record 



in all the cities and towns of this Commonwealth to keep of support re^iief 
full and accurate records of the paupers fully supported, the perlons"""'""'^ 
persons relieved and partially supported, the travellers and 
vagrants lodged at the expense of said cities and towns, 
together with the amount paid for such support and relief. 

Section 2. Svich annual returns of the number, sex. Returns to be 

1 r. ,,1 I 1 1 J. £• i^ -i T made to secretary 

place ot settlement, place and cost oi support, sanity and board charities, 
temperance of the persons supported and relieved by towns lept^'soth!" 
and cities, and such other particulars concerning them as 
may be required, by the board of state charities, shall be 
made by the overseers of the poor to the secretary of said 
board on or before the twentieth day of October in each year, 
and shall relate to the year ending on the thirtieth day of 
September preceding. 

Section 8. If the overseers of any town or city shall Penalty upon 
refuse or neglect to comply with the requirements of this faiTureorove?-"^ 
act, said town or city shall forfeit the sum of one dollar for wTthreq^S'^ 
each day's neglect, and the amount of such forfeiture shall i^ents. 
be deducted from any sum to which said town or city may 
be entitled in re-imbursement for relief of state paupers as 
provided in chapters one hundred and sixty-two of the acts 
of the year eighteen hundred and sixty-five, and two 
hundred and thirty-four of the acts of the year eighteen 
hundred and sixty-six ; and in case no such re-imbursement 
shall be due to said town or city, the forfeiture shall be 
deducted from any money which may be due such town or 
city from the state. 

Section 4. It shall be the duty of the secretary of the ^'=^™^yy''°"'^ 
board of state charities to prepare tables from the returns uwes, etc. 



616 1867.— Chapter 210. 

thus made, and to report the most important information 
tluis obtained to the board, who shall cause the same to bo 
printed in their annual reports for the use of the legislature. 
Repeal. SECTION 5. Sections six and seven of chapter three 

hundred and seven of the acts of the year eighteen hundred 
and sixty-four, and all other acts and parts of acts incon- 
sistent with this act are hereby repealed. 

Section G. This act shall take etTect upon its passage. 

Approved May 4, 1867. 



Chap. 21^ 



An Act coxcerxixg the occupation of flats in cape cod 

HARP.OR at PROVINCETOWN. 

Be it enacted, Sec, as follows : 

Owners may ex- SECTION 1. All pcrsous owniug flats iu Capc Cod harbor 
mrflaTi'^nrbuud at Provincetown are hereby authorized to extend and main- 
lines' '° ^'^^^"'^ ^^^'^ wharves upon the same, or to fill up and build upon the 
same, but not beyond the harbor lines which may be here- 
after established for said harbor. 
Certain owners SECTION 2. All pcrsous owuiug flats lu the harbor at 
whLve^OTer Proviucctown whoso outer lines of title are the low-water 
certain flats of niark, or one hundred rods below the high-water mark, may 

state, observing n i • • i /? p i /-i 

personal rights, extcud aud maintain wharves over any flats oi the Common- 
wealth that may lie between their outer lines and the harbor 
lines that may be there hereafter established, but in such 
manner that all persons affected by this grant may have 
equal proportionate rights of advancing to or towards the 
said harbor lines. 
Doings under act SECTION 3. All thiugs whicli may at anytime be done 
harbo^/commis-^ uudcr tliis grant, shall be subject to the determination and 
sioners. appi'oval of the board of harbor commissioners, as provided 

in section four of chapter one hundred and forty-nine of the 
acts of the year eighteen hundred and sixty-six. 
Harbor lines SECTION 4. If tlic harbor lincs at Provincetown shall at 

beinc; made near- i- i n ± ±^ ^ • ^ a. i j.i • 

er high-water any tiiiie bc removed nearer to the high-water mark, this 
Tp^iy, ITcept° ^° grant shall be construed to apply only to such new lines, 
etc- except so far as valuable structures may have been actually 

and in good faith built under the same. 

Previousgrant to SECTION 5. Whcu ill any prcvlous grant of a right to 

wKTdttobe extend and maintain a wharf in the harbor at Provincetown, 

jfg''^^'^ P"^"'" liberty has been given to lay vessels at the sides or end of 

such wharf, the liberty so granted shall not be construed as 

a grant of any private right in or over the fiats of any 

person or of the Commonwealth not revocable at any time 

by the legislature. 

Grants herein Sectiox 6. Thc grauts iiiadc by this act are revocable 

Ts^pt, e^tc!° '^ ' by the legislature at any time, except so far as valuable 



1867.— Chapters 211, 212, 213. 617 

structures may have been actually and in good faith built 
under the same. 

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

Approved May 4, 1867. 



•^ Chap. 2X1 



An Act to iNCORroRATE the monitor mutual fire insurance 

COMPANY. 

Be it enacted, Sj-c, as follows: 

Section 1. Joseph F. Paul, George H. Davis, Henry C. corporators. 
Morse, their associates and successors, are made a corporation 
by the name of the Monitor Mutual Fire Insurance Company, 
in the city of Boston, for the purpose of making insurance purpose. 
upon real and personal property against losses by fire, upon 
the mutual principle ; with all the powers and privileges, and Privileges ana re- 
sulrject 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. This act shall take effect upon its passage. 

Approved May 4, 1867. 

An Act in relation to evidence. ^j ovo 

Be it enacted, §"c., as follows : '■ 

Section 1. The provisions of the second section of use of deposition 
chapter three hundred and four of the acts of the year suitfuke'n/n"" 
eighteen hundred and sixtv-four, are hereby extended to p^rpetumn, to 

^ ..,*^, ', , '' • n -I allow testimony 

cases where a deposition has been taken m perpetKcmi, it the of other party, 
deposition shall afterwards be used on the trial of a cause 
in wdiich the deponent or any legal representative of tlie 
deponent is a party, on behalf of such party. 

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

Approved May 6, 1867. 



Chcq7.2lS 



An Act making copies of certain papers and records admis- 
sible AS evidence. 
Be it enacted, Sfc, as follows : 

Copies of books, papers, documents and records in the certificate of 
executive and other departments of the government of the cu^'todj^'^aftested 
Commonwealth, when duly authenticated by the attestation ^y secretary of 

„, n-. •.. , n 1 11 11 Commonwealtli, 

01 tlie oincer having charge ot the same, shall be competent to be competent, 
evidence in all cases equally with said original books, papers, 
documents and records : provided, that the genuineness of 
the signature of such officer shall be attested by the secretary 
of the Commonwealth under the seal of the Commonwealth. 

Approved May 6, 1867. 
21 



618 1867.— Chapters 214, 215, 216. 

Chat) 214 "^^ "^^^ '^^ LEGALIZE THE ELECTION OF TOWN OFFICERS IN THE 
"' TOWN OF HARVARD, AND FOR OTHER PURPOSES. 

Be it enacted, §'c., as folloics : 
Election and SECTION 1. The electioD of town officers in the town of 

other acts on y-p , i ± l^ i, • nr-ii 

fourth March, Harvard, macie at tlie annual town mcetnig on the lourth day 
1867, made valid, of March in the year one thousand eight hundred and sixty- 
seven, and all other acts and doings of said town at said 
town meeting, so far as the same may be illegal for the reason 
that the warrant for said meeting was not served by posting 
up attested copies thereof according to the direction of the 
selectmen of said town, are hereby ratified and confirmed ; 
and the same shall be taken and deemed good and valid in 
law, to all intents and purposes whatsoever. 

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

Approved May 6, 1867. 

Chap. 21 5 "^^ -^^^ ^^ REPEAL AN ACT TO AUTHORIZE HORSE AND STREET 
■^' RAILROAD CORPORATIONS TO TAKE THE BENEFIT OF THE INSOLVENT 

LAWS. 

Be it enacted, §'c., as folloivs : 
Repeal of ch. 113, SECTION 1. Chapter one hundred and thirteen of the acts 

of the year eighteen huiidred and sixty-six is hereby repealed : 
ProTiso: notto pvovidecl Ii OK^cv 6 ?', thut uothiug in this act shall affect any 
Mqu'ired!''^ right acquircd or proceedings begun under the same. 

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

Approved May 6, 1867. 

An Act authorizing the eastern railroad company and the 
eastern railroad in new hampshire to unite and form one 
corporation. 

Be it enacted, ^'c, as follows : 

May,onToteof Section 1, Thc Eastcm Railroad Company, and tlie 
unite by a"ree- Eastcm Railroad in New Hampshire, a corporation estab- 
™®°'' lished by the laws of New Hampshire, are hereby authorized 

by a vote of the stockholders of each of said corporations, at 
meetings called for the purpose, to unite themselves into one 
corporation on such terms and conditions as shall be 
Respective rights iButually agrccd ; and all the franchise, property, powers 
to be"!!!' new°?or- ^^^^ privilcgcs uow cnjoycd by or appertaining to, and all the 
poration. rcstrictious, liabilities and obligations imposed upon, said 

two corporations, or either of them by virtue of their respec- 
tive charters or otherwise, shall appertain and belong to and 
be obligatory upon said united corporation in the same man- 
ner as if the same had been contained in or acquired under 
an original charter. 
a corporate offi- SECTION 2. Ouc or more of the directors or other officers 
orstate?"^' ^^ of said united corporation shall be an inhabitant of this 
Commonwealth, on whom processes against said corporation 



CA«p.216 



1867.— Chapters 217, 218, 219. 619 

may be legally served: said corporation shall be held to Process on corpo- 
ansvver in the jurisdiction where the service is made and the aQswerid!'' 
process is returnable. Approved May 6, 1867. 

An Act to authorize the new Bedford five cents savings ni^j^ 217 

BANK TO HOLD REAL ESTATE. * "' 

Be it enacted, ^r., as follows : 

Section 1. The New Bedford Five Cents Savings Bank May hoid estate 
is hereby authorized to hold real estate to an amount not po'se^s';"''"'^ ^"''" 
exceeding twenty-five thousand dollars, to be invested in the 
purchase of a suitable site and the erection of a suitable 
building to be used for banking purposes ; and all income, if income to be 
any, arising from such real estate shall be devoted exclusively ^.^^^'i^ fo' ^^''''po'^'i- 
to the interests of said corporation. 

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

Approved May 6, 1867. 

An Act to incorporate the manomet hotel company. phnn 91 ^ 

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

Section 1. Sewall H. Fessenden, Ephraim N. Winslow, corporators. 
Alexander Baxter, their associates and successors, are hereby 
made a corporation by the name of the Manomet Hotel Com- 
pany, for the purpose of erecting a public house, to be located Location of 
near Buzzard's Bay in the town of Sandwich, and maintain- ''"'''^'"s- 
ing such public house with the buildings and improvements 
connected therewith ; with all the powers and privileges, and Privileges and re- 
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, hoivever, proviso: shaii 
that said corporation shall not carry on the business of keep- "°' ^^"^ ^°"^'®- 
ing a hotel or boarding-house, or be in any way interested 
in such business. 

Section 2. The capital stock of said corporation shall not capital and 
exceed one hundred thousand dollars, ancl shall bo divided ^•^^''''^• 
into shares of one hundred dollars each ; and said corpo- Estate. 
ration may hold real and personal estate to the value of one 
hundred thousand dollars, for the purpose mentioned in the 
first section: provided hoiuever^iXiOii said corporation shall Proviso: con. 
not incur any liability until the sum of twenty thousand "''"° "^ " y- 
dollars has been paid in, in cash. 

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

Approved May 6, 1867. 

An Act to incorporate the boston and kennebec steam-boat Qhnrt 919 

company. -1 * 

Be it enacted, Sfc, as follotvs : 

Section 1. Isaac Rich, Andrew Pierce, junior. Freeman corporators. 
Cobb, Waldo Adams, their associates and successors, are 



620 1867.— Chapters 220, 221. 

hereby made a corporation by the name of the Boston and 

Purpose. Kennebec Steam-boat Company, for the purpose of engaging 

in the business of transporting passengers and freight between 

Privileges ana re- Bostou and Bath, Gardiner, and other ports in Maine; with 
all the rights and privileges, and subject to all the duties, 
liabilities and restrictions in all general laws which now are, 
or may hereafter be in force applicable to such corporations. 

anYseu°Te^sds SECTION 2. Said compauy are hereby authorized and 
empowered to build, purchase, sell and convey, hire and 
employ such ste.ani vessels, with such apparatus and appen- 
dages as may be found necessary for steam navigation and 
the transportation of freight and passengers as aforesaid. 

Capital stock and SECTION 3. The Capital stock of said corporation shall be 
fixed at five hundred thousand dollars, with power to increase 
the same to one million dollars, and shall be divided into 
shares of the par value of one hundred dollars each : 

Proviso: eon- providccl, that Said corporation shall incur no liability till 
la iiy. ^^^^ lumdred thousand dollars of its capital stock has been 
paid in. 

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

Approved May 6, 1867. 



Chap. 220 



An Act in relation to the courts in Middlesex county. 

Be il enacted, §'c., as follows: 
County commis- Section 1. Thc couuty commissioncrs of ]\Iiddlesex 
county "rd^erty couiity arc hcrcby authorized to sell and convey to the town 
town"*^""^*^ '° of Concord, for nominal considerations, the court-house, jail 

and real estate connected therewith, belonging to said county 

and situate in said town. 
Upon transfer SECTION 2. After sucli coiiveyance, of which the commis- 

anduotice.courts . i ii • x' • i T i l 

to be held at sioucrs shall give notice m one or more newspapers published 
Cambridge. j^^ g^|^^ couuty, the courts now required to be held at Con- 
cord, shall be held at the same times at Cambridge in said 
county ; and all appeals, recognizances and processes, which, 
before the publication of such notice, may be made returnable 
to any court at Concord, shall be returned to such court held 
at the same time at Cambridge. 

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

Approved May 7, 1867. 

Chd)). 221 -^^ -^^"^ "^^ CHANGE THE NAMES OP CERTAIN CORPORATIONS IN THE 
•^ ' TOWN OF WEST CAMBRIDGE. 

Bs it enacted, §"c., as folloios : 
'su'bsu^tutedfor SECTION 1. The West Cambridge Gas-Li ght Company 
West Cambridge sliall take thc uamc of the Arlington Gas-Light Company. 
m^""'""' The West Cambridge Horse Railroad Company shall take 

the name of the Arlington Horse Railroad Company. The 



1867.— Chapter 222. 621 

West Cambridge Five Cents Savings Bank shall take the 
name of the Arlington Five Cents Savings Bank. The 
Lexington and West Cambridge Railroad Company shall 
take the name of the Lexington and Arlington Railroad 
Company. The Spy Pond Water Company shall take the 
name of the Arlington Lake Water Company. 

Section 2. Each of the parishes and religious societies Parishes and re- 
in the town of West Cambridge is hereby authorized to i!fay"ubstitute 
change its corporate name by substituting Arlington wherever ''"^^- 
West Cambridge occurs in the same. Such change may be 
made by a vote of the members of such parish or religious 
society at any legal meeting thereof. 

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

Approved May 7, 1867. 

Ax Act concerning practice in divorce cases. Chap. 222 

Be it enacted, Sfc, as follows : 

Section 1. Decrees for divorce from the bonds of matri- Decree may be 
mony may in the first instance be decrees nisi, to become Tha'/six^mln'ths. 
absolute after the expiration of such time, not being less than 
six months from the entry thereof, as the court shall, by 
general or special orders direct. At the expiration of the Party then mov- 
time assigned, on motion of the party in whose favor the SXoui'te.^* 
decree was rendered, which motion may be entertained by 
any judge in term or vacation, the decree shall be made 
absolute, if the party moving shall have complied with the 
orders of the court, and no sufficient cause to the contrary 
• shall appear. 

Section 2. The court, by special order in each case, or court shaii order 
in pursuance of rules established, shall require the party in nisi tohepnh- 
whose belialf a decree nisi of divorce is entered, to cause ^^oyu^^^Jol^mly 
the fact of the entry of such decree together with its terms, require 'deposit of 

-' " 11' money for witn. 

to be published, m some one or more newspapers to be desig- cierii. 
nated by the court, one of which shall be published in the 
county in which the case is pending with such other notice 
as the court may require ; the form of the notice, the time 
of publication and mode of proof of the publication to be 
fixed by the court ; or the court may require such party to 
deposit with the clerk of the court, before such decree shall 
be entered, a sum of money sufficient to pay for the publi- 
cation of such notice by the clerk, with reasonable compen- 
sation to him therefor ; and may, in any case, authorize the cierk may certify 
clerk to cause such publication to be made, and his certificate ^^p"^**^^- 
shall be proof that the same has been made. 

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

Approved May 9, 1867. 



622 1867.— Chapters 223, 224, 225. 

Chut). 223 "^^ ^^^ ^*^ CONFIRM CERTAIN ACTS DONE BY BILLINGS PALMER 
^' AS TRIAL JUSTICE. 

Be it enacted, Sfc, as folloios : 
Acts from first SECTION 1. All acts cloiie bv Billino-s Palmer of Great 

May, 1861, to first -r. • i. .. • 1 • i- -xi • ^ r ^\ 4. P 

December, 1866, LaiTnigtoii, as a trial justiCG witliiii aiiu lor the county oi 
made valid. Berkshire, between the first day of May in the year eighteen 
hundred and sixty-one, and the first day of December in the 
year eighteen hundred and sixty-six, 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 said office. 

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

Approved May 9, 1867. 

Chap. 224 ^ -'^ct concerning the laying out, altering, avidening and 

IMPROVING THE STREETS OF CHARLESTOWN. 

Act of '66, ch. Section 1. The provisions of chapter one hundred and 
Boston ,^8hfUi ap- scveiity-four of the acts of the year eighteen hundred and 
town! ^'''"'^*^' sixty-six, entitled " An Act concerning the laying out, alter- 
ing, widening and improving the Streets of Boston," are 
hereby extended and made applicable to the city of Charles- 
town. 
Act in force if SECTION 2. This act shall take cffcct whcnevor the samo 

city council , iii • •^ r> • t • ■ p /-ii i 

accept. IS accepted by the city council oi said city oi uharlestown 

by a two-thirds vote of each branch thereof. 

Approved May 9, 1867. 

Chcit). 225 -^^ -^^^ "^^ INCORPORATE THE HOPKINTON AND MILFORD RAILROAD 
•* ' COMPANY. 

Be it enacted, ^'c, as follows: 

Corporators. SECTION 1. Lovctt H. Bowker, Gcorge V. Sheffield, 

Charles W. Claflin, their associates and successors, are hereby 
made a corporation by the name of the Hopkinton and 

Privileges and re- Milford Raili'oad Company: with all the powers and privi- 

stnctions i •/ ' x i 

leges, and subject to all the duties, restrictions and liabilities 
set forth in all general laws which now are or hereafter may 
be in force relating to such corporations. 
Location of road SECTION 2. Said Corporation may locate, construct and 

defined ■ •/ 7 ^ 

maintain a railroad commencing at some convenient point 
near the centre of the town of Hopkinton ; thence running 
southerly through the southerly part of said town of Hop- 
kinton, by the most direct and feasible route to some con- 
venient point near the centre of the town of Milford, and 
to enter by proper turn-outs and switches upon the Milford 
and Woonsocket Railroad, and the Milford Branch Railroad, 
at said Milford, according to the provisions of law. 



1867.— Chapter 225. 623 

Section 3. Said corporation may connect its road with May connect 
the Milford and Woonsockct Raih'oad, and with the Milford woonsocket a^n^a 
Branch Raih^oad, and may use the same or either of them TOad°''wUh''con- 
accordino; to hxw with the consent of the corporations ownino- sent; mayseiior 

P . f • r ^ • lease franchise or 

said roads respectively, or may sell and transier its irancnisc unite witu other 
and all its rights under this act, or lease its road, or other ^^^^p^^^- 
property to the Milford and Woonsocket, or any other rail- 
road corporation, passing through or having its terminus in 
the town of Milford, or may unite and consolidate its stock 
with the stock of the Milford and Woonsocket Railroad 
corporation, or any other coporation having its terminus in, 
or passing through the said town of Milford, upon such 
terms as may be agreed upon, and confirmed by vote of the 
majority in interest of the stockholders of said corporations 
present and voting at meetings duly called for that purpose. 

Section 4. The capital stock of said corporation shall ^^^r^'^'°'^'^^°'^ 
not exceed two hundred thousand dollars divided into shares 
of one hundred dollars each, the number of which shall be 
determined from time to time by the directors : and said Estate, 
corporation may take and hold such real estate and personal 
property as may be necessary for the purposes of this act. 

Section 5. The town of Hopkinton is hereby authorized Townofiropkin- 
to subscribe for and hold shares in the capital stock of the Tares?^ ""^'^ 
Hopkinton and Milford Railroad Company to the amount 
of forty thousand dollars : provided the inhabitants of said Proviso: voters 
town, at a legal meeting duly called for that purpose, shall, *o^pp'^°''e- 
by a vote of two-thirds of the legal voters present, and 
voting thereon, vote to subscribe for such shares, in accord- 
ance with the terms of this act, to pay for the same out of 
the town treasury, and to hold the same as town property, 
subject to the disposition of the town, for public purposes, in 
like manner as any other property it may possess. 

Section 6. Said. town of Hopkinton is hereby authorized Town may raise 
to raise by loan or tax, any sums of money which shall be J^an7r^°ix!'^ 
required to pay its instalments on its subscriptions to said 
stock and interest thereon. 

Section 7. The selectmen and treasurer of the town of selectmen and 
Hopkinton shall have authority to represent said town at any ^present ^w^a 
meeting of the Hopkinton and Milford Railroad Company, at company 
and said town, so represented, is hereby authorized to vote on stockhew. 
on the whole amount of stock held by said town of Hopkin- 
ton, anything in the sixty-third chapter of the General 
Statutes to the contrary notwithstanding. 

Section 8. This act shall take effect upon its passage, conditions of 
and shall be void unless said road is located within two ^=^"^*t^ ''f ^"t- 
years, and constructed within four years from the passage of 
this act. ^ Approved May 9, 1867. 



624 



1867.— Chapters 226, 227. 



C/iflj?.226 

Corporators. 



Location and 
purpose. 



PriTileges and re- 
strictions. 



Capital stock and 
shares. 



May increase 
capital. 



ProTiso. 



May hold real 
estate. 



Directors may 
give policy-hold- 
ers right in net 
profits. 



Condition of cor- 
porate business. 



Chap. 227 



■Repeal of § 3, ch. 
341, 1853. 



An Act to incorporate the hide and leather insurance 

COMPANY. 

Be it enacted, Sfc, as folloivs : 

Section 1. Daniel Harwood, Frederick Jones, William 
Claflin, their associates and successors, are hereby made a 
corporation by the name of the Hide and Leather Insurance 
Company, in the city of Boston, for the purpose of making 
insurance against losses by fire, and with authority to insure 
against the perils of the sea and other perils usually insured 
against by marine insurance companies, and to make all and 
every insurance appertaining to or connected with fire and 
marine risks and risks of inland navigation and transporta- 
tion ; with all the powers and privileges, and subject to all 
the duties, restrictions and liabilities set forth in all general 
laws which now are or hereafter may be in force relating to 
such corporations. 

Section 2. Said corporation shall have a capital stock 
of three hundred thousand dollars, divided into shares of 
one hundred dollars each. It shall have liberty to pay in 
and increase the said capital stock to an amount not exceed- 
ing five hundred thousand dollars : provided, that any 
increase of capital is paid within three years from the passage 
of this act ; and with liberty to hold real estate for its own 
use to an amount not exceeding ten per cent, of the paid-up 
capital stock of said company. 

Section 3. A majority of the board of directors of the 
company may, at their discretion, at any time give the 
holders of the policies of the company the right to partici- 
pate in the net profits of the company, to such an extent, 
and in such manner, and upon such terms and conditions as 
they shall prescribe in tlieir by-laws. 

Section 4. Said corporation may commence business 
when one hundred and fifty thousand dollars shall have been 
subscribed and paid in, in cash. 

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

Approved May 9, 1867. 

An Act in addition to an act to incorporate the proprie- 
tors OF THE BAY STATE HOUSE IN THE CITY OF WORCESTER. 

Be it enacted, §'c., as follows: 

Section 1. Section three of chapter three hundred and 
forty-one of the acts of the year one thousand eight hun- 
dred and fifty-three is hereby repealed. 

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

Approved May 9, 1867. 



1867.— Chapter 228. 625 

An Act relating to the second parish cemetery in dor- C]iap. 228 

CHESTER. ^ 

Be it enacted, ^"c, as folloios : 

Section 1. The Second Parish in the town of Dorchester parish may elect 
is hereby authorized to elect by ballot a board of three com- sJuerrto°super- 
missioners for the term of three years, who shall have the i^teud cemetery, 
sole care, superintendence and management of the Second 
Parish Cemetery, in said town of Dorchester established by 
said parish ; one member of which board shall go out of 
office each year : said board or any member thereof, after an May be remored 
opportunity to be heard, may be removed by a vote of two- thi7ds.^° 
thirds, at any meeting of said parish duly called; and in vacancy, how 
case of a vacancy by death, resignation or removal, such 
vacancy to be filled in the manner aforesaid for the remainder 
of the unexpired term. The commissioner first chosen shall Tenures. 
hold his office for three years ; the commissioner next chosen, 
to hold his office for two years, and the commissioner next 
chosen, to hold his office for one year. 

Section 2. Said board of commissioners shall appropriate shaii assign por- 
a portion of said cemetery as a public burial place for the uc budarfor^^ ' 
members of said parish, free of charge therefor ; and they members, 
shall lay out said cemetery in suitable lots or other sub- shaii layout 
divisions, with necessary paths and avenues, may plant, andmayembei- 
embellish and ornament the same, may enclose and divide '"'^^'^°"°''^" 
the same with proper fences and erect or annex such suitable 
edifices, appendages and conveniencies as they shall from 
time to time deem expedient ; may make all necessary by- May make by- 
laws, rules and regulations in the execution of their trust, ^^^^' 
not inconsistent with the laws of the Commonwealth, as 
they may deem expedient. 

Section 3. Said board of commissioners shall have the Marconvey dea- 
authority to convey to any person or persons by deeds duly S'of treasurer 
executed by the parish treasurer, the sole and exclusive 5°^^"'°" '"' ^"" 
right of burial, of erecting tombs, cenotaphs and other 
monuments in any of the designated lots or subdivisions of 
said cemetery, upon such terms and conditions as they shall 
by their rules and regulations prescribe. 

Section 4. The proceeds of the sales of lots or rights of certain moneys 
burial, donations, gifts and grants made for this purpose, shaiibTcaUed 
shall be jiaid into the treasury of said parish, to be kept fund""'^""^ 
separate from any of its other funds, and to be called the 
cemetery fund; said fund to be safely invested, and the income of fund, 
income arising therefrom to be subject to the order of said ^"^ *» ^"^ "^e"^- 
commissioners, to be devoted to the improvement and 
embellishment of said cemetery under the direction of said 
board of commissioners. 

22 



626 lb6T.— Chapters 229, 230. 

Commissioners SECTION 5. Said boarcl shall annually in the month of 
parish^aMu^uy. Mai'ch 01' April, rcndor to said parish a report in writing of 

their doings, and of the condition of said cemetery, and an 

account of their receipts and expeditures. 
Condition of Ta- SECTION 6. Tlils act shall be void unless accepted by said 

parish at a meeting called for that purpose within three 

months after its passage. Approved May 9, 1867. 

CIlOD 229 "^^ "^^^ ^^ EXTEND THE POWERS OF THE FIRST BAPTIST CHURCH 
^' IN WOBURN. 

Be it enacted, ^'c, as follows: 
May hold prop- SECTION 1. Thc powcrs of tlic First Baptist Church in 
for^hurek use. Wobum, a Corporation established by an act of the year 
eighteen hundred and fifty-seven, chapter seventy-three, 
entitled An Act to incorporate the First Baptist Church in 
Woburn, are hereby so far extended that said corporation 
may take, hold and manage in its own right and for its own 
use as a church, property to an amount not exceeding the 
sum of sixty thousand dollars. 
Deacons may SECTION 2. Tlic dcacous of Said churcli are hereby 

heH to church^ authorizcd and empowered to convey to said church, in its 
corporate capacity, all the property now held by said deacons 
in their said capacity. 

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

Approved May 15, 1867. 

An Act to incorporate the Massachusetts infant asylum. 

Be it enacted, Sfc, as follows:- 

Corporators, SECTION 1. Martin Briuimcr, Thomas C. Amory, Mary J. 

Quincy, their associates and successors, are hereby made a 

corporation by the name of the Massachusetts Infant 

Purpose. Asylum, for the purpose of assisting and providing for 

Privileges and re- dcscrtcd and dcstituto infant children ; with all the powers 

Btnctions. ^j^^ privileges, and subject to all the duties, restrictions and 

liabilities set forth in the sixty-eighth chapter of the General 

Statutes and in all general laws which now are or hereafter 

may be in force relating to such corporations. 

May hold estate. SECTION 2. Said corporatioii may hold, for the purposes 

aforesaid, real and personal estate not exceeding in value 

one hundred and twenty thousand dollars. 

Overseers of poor SECTION 3. Thc oversccrs of the poor, of any city or 

almshouses may towu ill thc Commouwealtli, and the superintendents and 

gwe children in ji^gpectors of tlio statc almsliouscs, may place deserted and 

destitute infants in the care of said corporation under the 

laws for the relief of the poor, and such sum shall be paid 

for the temporary support of such infants as may bo agreed 

upon between the parties : provided, that said overseers and 



Chap. 230 



1867.— Chapters 231, 232. 627 

the board of state charities shall use all reasonable care to Proviso: over- 

,, , o 1 , J. /> i* seers and board 

collect the cost ot such temporary support irom parties charities shaii 
justly chargeable with the same, whenever they can be gupport°and re- 
ascertained, and to remove those not born or not having a ^°^^ non-resid- 
settlement in this state. Approved May 15, 1867. 

Ax Act in relation to the sale of growing wood by (7/?^/9.231 

GUARDIANS. ^ 

Be it enucled^ §t., os follows : 

Section 1. When the income of the estate of a ward is May sen for sup- 
insufficient to maintain him or his family, or when it appeors ParVand^grant**^ 
that it would be for the benefit of a ward that the standing entry for removal 

T , . 1 , J J. ii r under license 

or growing wood on his real estate, or any part tnereoi, andiaw. 
should be sold and the proceeds put out on interest, or 
invested in productive stock, his guardian may sell such 
wood, and grant the privilege of entering upon the land and 
cutting and carrying away the same within such time as he 
may allow, upon obtaining a license therefor and proceeding 
therein as provided by law for the sale of the real estate of 
wards by guardians. 

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

Approved May 15, 1867. 

An Act to incorporate the masonic building association, in /^7,„„ OQO 

GEORGETOWN. U/M^.^dZ 

Be il enacted, ^'c, as follows: 

Section 1. Stephen Osgood, Sherman Nelson, Milton G. corporators. 
Tenney, their associates and successors, are hereby made a 
corporation by the name of the Masonic Building Association, 
in the town of Georgetown, for the purpose of erecting a purpose, 
building in the town of Georgetown 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 and re- 
privileges, and subject to all the duties, restrictions and «t"ctions. 
liabilities set forth in the general laws of this Commonwealth 
which now are or may hereafter be in force, so far as appli- 
cable to said corporation. 

Section 2. Said corporation shall have a capital stock not capital stock and 
exceeding twenty thousand dollars, divided into shares of ^^'^'^^^■ 
one hundred dollars each, and may hold, for the purposes Estate. 
aforesaid, real and personal estate not exceeding the amount 
of the capital stock : pi-ovided, that said corporation shall Proviso : condi- 
incur no liability until five thousand dollars of its capital 11°^^^''"''"'°^ 
stock has been actually paid in, in cash. 

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

Approved May 15, 1867. 



628 1867.--CHAPTERS 233, 234, 235. 

Chai) 233 ^^ "^^^ ^^ incorporate the I. AVASUBURN AND MOEN "SVIRE 
"' ' WORKS. 

Be it enacted, ^'c, asfolloivs: 

Corporators. SECTION 1. Icliabod Waslibum, Philip L. Moen, William 

E. Rice, Dorance S. Goddard, Henry Goddard, Peter C. 
Bacon, their associates and successors, are hereby made a 
corporation by the name of the I. Washburn and Moen 
Wire Works, for the purpose of manufacturing wire rods, 

Location. iron and steel wire, cotton yarn and cotton goods in the city 

Privileges and re- of Worccster ; and for that purpose sliall have all the powers 

Btrictions. ^^^^ 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 manufacturing corpo- 
rations. 

Capital stock and SECTION 2. The Capital stock of said corporation shall 
not exceed seven hundred thousand dollars, and shall be 

Estate. divided into shares of one hundred dollars each ; and said 

corporation may hold such real and personal estate as may 
be necessary or convenient for the purposes set forth in this 

Condition prece- act, and shall not commence business until five hundred 
thousand dollars of its capital stock shall have been paid in. 
Section 3, This act shall take effect upon its passage. 

Approved May 15, 1867. 



dent to business. 



Chap,2U 

May add $300, 
000 to capital 



An Act concerning the boston screw company. 
Be it enacted, ^x., as follows : 
May add $300,- Section 1. Thc Bostoii Scrcw Company, a corporation 
stock. '''^^' '^ organized in the year eighteen hundred and sixty-five, under 
the provisions of chapter sixty-one of the General Statutes, 
and having a capital of five hundred thousand dollars, is 
hereby authorized to add to its capital stock an amount not 
exceeding three hundred thousand dollars. 

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

Approved Marj 15, 1867. 



Chap. 235 



An Act to confirm the locations of the fitchbukg railroad 
and its branches. 

Be it enacted, ice, as follows : 
Existing condi- Section 1. The location of the Fitchburg Railroad and 
retervin°g"right3 ' tlic railroads owned by that corporation as the same are now 
damages"* ^°^ constructcd and exist, are hereby ratified and confirmed ; 

reserving however to all parties all existing claims for 
Proviso: shall damage, if any there be ; a,nd provided, that nothing herein 
of other roadVor Contained, shall affect the locations or rights of any other 

railroad corporations or of the Commonwealth. 

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

Approved May 15, 1867. 



of state. 



1867.— Chapters 236, 237. 629 

An Act concerning the Sheffield railroad company. Chap. 236 

Be it enacted, §'c., as follows : 

Section 1. The Sheffield Railroad Company is hereby May unite with, 
authorized to contract for the management and operation of iea?e of 'any con- 
its road with any railroad corporation, whose road connects meeting road. 
with it, and to contract to assume the management and 
operation of the road of any such railroad corporation ; alid 
to lease its road to, and take a lease from any railroad 
corporation, whose road connects with it. 

Section 2. Said Sheffield Railroad Company may unite May make joint 
and make joint stock with any railroad corporation, whose road roads.^' 
connects with the road of the Sheffield Railroad Company, upon 
such terms as may be agreed upon by the contracting parties : 
provided, however, that said. terms are first approved by a Provisos: two- 
vote of the holders of two-thirds in amount of the stock of eri'to ajprove''^' 
each corporation present and voting at legal meetings of said u"i"ed stocks not 
corporations respectively, called for that purpose; and pro- to exceed tiie two 
vided further, that the capital stock of the united corpora- '^''^"' ''■ 
tions shall not exceed the amount of the authorized capital 
of both corporations. 

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

Ap2)roved May 15, 1867. 



Chap.2Z1 



An Act to protect the oyster fishery in monument river. 
Be it enacted, ^'c, as follows: 

Section 1. Whoever takes any oysters from Monument Penalty for tak- 
River, in the town of Sandwich, at any time previous to the fore'srst^octob'er 
first day of October in the year eighteen hundred and sixty- ■'^'^^■ 
eight, shall forfeit the sum of five dollars for each offence ; 
and if the quantity of oysters taken exceeds one bushel, he 
shall forfeit the sum of five dollars for each bushel and any 
fraction of a bushel so taken. 

Section 2. The inhabitants of the town of Sandwich, at Town of sand- 
a lega Imeeting held for the purpose, may make regula- late thereafter." 
tions concerning the taking of oysters in said river after said 
first day of October ; and whoever takes any oysters from 
said river contrary to the regulations so made, shall be sub- 
ject to the same penalties as are provided in the preceding 
section. The penalties provided in this act may be recovered Penalties, how 
by complaint or indictment in any court of competent juris- ^^'^°''^^^ ' 
diction. 

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

Approved May 15, 1867. 



630 1867.— Chapters 238, 239, 240. 

Chan. 238 ^^ ^^^ ^^ authorize the town of HANCOCK TO LOAN ITS CREDIT 
^ * TO THE WILLIAMSTOWN AND HANCOCK RAILROAD COMPANY. 

Be it enacted, §'c., as follows : 

May aid same, or SECTION 1. The town of Haiicock, is hereby authorized 

other company , . t • • -\ p ^ -ittmt t tt 

of connecting TO loaii its crcclit 111 aicl 01 the Wilhamstown and Hancock 
roads in souV RaHroad Company, OF any railroad company called by any 
the Ha^m 'in"*^ other name, owning a connecting road between any railroad 
Chatham, N. Y. in Southem Vermont and the Harlem Railroad in the town 
of Chatham, Columbia county. New York, to an amount not 
Provisos: voters exceeding ten thousand dollars: provided, the inhabitants of 
approve oan. g^.^| fcowu at a legal meeting called for that purpose, shall, by 
a vote of two-thirds of the legal voters present and voting 
thereon, vote to loan its credit in aid of said railroad or con- 
Town may take waciion; provided, also, that said town may take security 
and property, for the crcdit SO loaned on the road, building materials, 
stocks, bonds, collaterals or other property of the company; 
Amount how the amouut of security and kind and the terms thereof to be 
e ermiue . determined by the selectmen or three commissioners legally 
chosen by the town for that purpose, and the directors of 
said company. 
May raise money SECTION 2. Thc towu of Haucock is hereby authorized 
tax oTbonds!"^"' to raisc, by loan, tax or bonds, a sum of money not exceed- 
ing ten thousand dollars, to be used as provided in the 
preceding section. 

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

Approved May 16, 1867. 

An Act in relation to the reports ok the decisions of the 

supreme judicial court. 
Be enacted, Sfc, as follows : 

Shall be entitled The volumcs of rcports of the decisions of the supreme 
Reportv^and"^ judicial court, next succeeding the series edited by Charles 
tinuo^usi^rom ^l^^n, shall bc stylcd " Massachusetts Reports," without the 
previous vol- nauic of tlic rcportcr thcrcof added thereto, and the num- 
bering of the several volumes shall be determined by reckon- 
ing all the previous volumes of reports as " Massachusetts 
Reports." Approved May 16, 1867. 

An Act in relation to the election of ward officers. . 

Beit enacted, Sfc, as follows: 
Certificates of SECTION 1. At cacli municipal election of the cities of 

velopedlnden"' this Commonwcalth, it shall be the duty of the ward oflEicers 
cierkf who^shaii ^^ ^^^^ scvcral wards to make out and sign certificates of the 
forlw '^r^T's*^ election of such ward officers as are chosen at such election, 
then send to per- ill tlic mauncr iiow provided by law, and said certificates 
sons chosen. ^^^ ^^^^^ ward shall be placed in one envelope, endorsed 

" ward officers chosen in ward number ," and transmitted 



Chap. 239 



umes. 



Chap. 240 



1867.— Chapter 241. 631 

to the city clerk, who shall retain said envelopes unopened 
for twenty days, subsequent to the day of said election, and 
he shall then open said envelopes and transmit said certifi- 
cates to the persons who appear to be thus chosen. 

Section 2. If within said twenty days a statement, in statement of ten 
writing, is filed with the city clerk, signed by ten legal voters Tu non°e^ecti!fn 
in any ward, stating that they believe that the warden, or f P"''°°"r"- 

J 5_o n ^ ■ f • ^ iii ^'^'^^ *° require 

clerk, or any inspector oi elections oi said ward, who has awermento 
been declared elected, did not receive a plurality of the votes cSy.* °^^° 
cast on the preceding election day, it shall be the duty of the 
city clerk to lay the same before the board of aldermen for 
the time being, who shall proceed to count the original 
ballots cast for such warden, clerk or inspector, and shall 
declare the result, and shall issue a certificate to the person 
entitled thereto : provided, that this act shall not apply to Proviso. 
ward officers chosen to fill vacancies on election day. 

Section 3. All provisions of existing laws inconsistent 
herewith are hereby repealed. Approved MmjlQ, 1867. 

An Act concerning lands abutting on the streets in cities pi o j -• 
OF this commonwealth. y^ncip. 4i-±L 

Be it enacted, ^c, as follows : 

Whenever the owner of a lot abutting upon any street or owner giving 
way in any city of this Commonwealth shall dedicate to, or tweeu "tree'ta^nd 
permit to be used by, the public, a portion of his land lying buildings, shaii 

\ •' ' I ' i f> 1 1 •! T keep same m 

between said street or way and tlie range oi the buildings oraer. 
fronting on the same, it shall be the duty of such abutter 
to keep every part of the land so dedicated or so permitted 
to be used, in such condition as the safety and convenience 
of the public shall, in the opinion of the board of aldermen, 
require : and if the owner of any such abutting lot shall. Failing after no- 
after reasonable notice given by the board of aldermen or wUh'reqS'of 
mayor, neglect or refuse to put that portion of his land so aidermeu or close 

n T T • 1 1 T 1 IT- ground, city may 

dedicated to, or permitted to be used by, the public, into the repair and assess 

condition aforesaid, by executing the specific repairs or 

improvements required by the board of aldermen, or to 

close the same from public use by a substantial railing or 

guard, it shall be lawful for said board of aldermen to put 

said land into the condition which, in their opinion, the 

public convenience and safety require, and to assess the 

expense thereof upon the owner ; and all assessments so sum shaii be a 

made shall be a lien upon such abutting lots in the same ''^° "^"^ ^*°'^' 

manner as taxes are a lien upon real estate. 

Ajiproved May 16, 1867. 



632 1867.— Chapters 242, 243. 

Chcil) 242 -^^ ^^^ COXCERXIXG SHADE AND ORNAMENTAL TREES STANDINtt 
-^ ■ IN HIGHWAYS AND STREETS. 

Be it enacted, Sfc, as folloivs : 
Person shall not SECTION 1. No Dcrsoii wlio has bv law a rio-ht to cut down 

remove tree until '- , ■, i ■% , , t 

ten days after OF removG aiij oriiameiital or shade tree standing in any 
faiferto°erpond liighwaj, town waj or street, shall exercise such right with- 
tea^ron""^'"^ out first giviug uotice of his intention to one of the select- 
men of the town or mayor of the city in which the tree 
stands ; and, if the selectmen of the town or mayor and 
aldermen of the city desire to retain the tree, they shall give 
notice thereof to such person within ten days after his 
If city or town uotico to them ; and in that case, the same course shall be 
be'fixed as fo?' '° takcu and the same rules apply as to the assessment, appeal- 
change in high, aiid filial determination and payment of the damage such 
^'^^^' person may suffer by the retaining of said tree, as in the 

case of damage done by an alteration in such highway, town 
way or street. 
Penalty if per- SECTION 2. If any sucli persou shall cut down, remove or 
act Jr°rights''of injurc such tree without first giving the notice required in 
municipality w^q forcgoing scctiou or in violation of any of the provisions 
thereof, or of the rights of the city or town acquired there- 
under to maintain the same, he shall suffer the penalty 
provided for the injury or destroying of ornamental or shade 
trees in the seventh section of the forty-sixth chapter of the 
General Statutes, and the penalty in such case shall accrue 
to the town or city. 
Act in force when SECTION 3. This act shall uot bc in force in any town or 
orTo^wu'^ ^^ "'^^ city until it shall be accepted by a majority of the legal 
voters in such town at a meeting legally called therefor, or 
by the city council. 

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

Approved May 16, 1867. 



Chap. 243 



An Act concerning reports of private charitable institu- 
tions. 

Be it enacted, ^x., asfolloios: 
Society or insti- SECTION 1. Evciy privatc socicty or institution for chari- 
stetrshau report tablc purposcs wdicu aided by a grant of money from the 
of'charitie^s°'""^ statc treasury, shall cause to be annually prepared and 
forwarded to the board of state charities, a report of all its 
proceedings, income and expenditures, properly classified 
for the year ending on the thirtieth day of September ; 
which report shall state the sum appropriated by the state, 
the sum expended under said appropriation, the whole num- 
ber and the average number of beneficiaries, the number 
and salary of officers and employees, and such other informa- 
tion as the board of state charities may require. 



1867.— Chapters 244, 245. 633 

Section 2. The report provided for in the preceding Report, if in 

,. , .,, . ./. . . , T^ • •^' writing, to be in 

section may be either in writing or m })rint. ii in writing, on afteentii oc- 
it sliall be sent in to the board of state charities on or before on^'fir'st NovVm-'' 
the fifteenth day of October, and if in print, on or before the '^s'"- 
first day of November, in each year ; and for the present For iser, how 
year shall be held to apply to all appropriations made or p""^'^"*" ° ^P" 
expenses incurred between the thirtieth day of September 
in the year eighteen hundred and sixty-six, and the thirtieth 
day of September in the year eighteen hundred and sixty- 
seven. 

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

Approved May 16, 1867. 
An Act conceunixg the milford and woonsocket railroad QJiap^ 244 

COMPANY. 

Be it enacted, §'c., as follows: 

Section 1. The Milford and Woonsocket Railroad Com- >fay increase 
pany is hereby autliorized to increase its capital stock by the capital stock. 
addition of such number of shares not exceeding two hun- 
dred and fifty shares of one hundred dollars each, as the 
directors of said corporation may from time to time deter- 
mine. 

Section 2. The chairman of the board of selectmen or. Town of Miiford, 
in his absence, the treasurer of the town of Milford, shall meIt™g^of"or-'^ 
have authority to represent said town as a stockholder at poratiou. 
any meeting of the said company. 

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

Approved May 16, 1867. 
An Act to am6:nd the harbor lines in the harbor of glou- QJi(n)^ 245 

CESTER. ■' ' 

Be it enacted, §'c., as follows: 

Section 1. The harbor line of the harbor of Gloucester Lines defined. 
is hereby altered, as follows : commencing at a point on the 
present harbor line, two hundred and twenty-six feet from 
monument A ; thence in a straight line north-easterly three 
hundred and two feet to a point thirty feet from where the 
present harbor line touches the south-west corner of the 
present wharf of George H. Rogers ; thence in a straight 
line north-easterly three hundred and thirteen feet to a point 
thirty feet south-easterly from where the said harbor line 
touches the present wharf of said Rogers ; thence two hun- 
dred and eighty feet to a point twenty feet from the point 
where the said harbor line touches the salient angle of the 
present wharf of said Rogers ; thence one hundred and 
forty-five feet to the point where the said harbor line touches 
the north-easterly corner of the present wharf of said 
Rogers. 

23 



634 



1867.— Chapter 246. 



Repeal. 



Chap. 246 



Corporators. 



Purpose. 



Privileges and re- 
st rictions. 



Sections of ch.57 
G. S., shall apply 
same as to banks. 



Sections of ch.58 
G. S., to apply as 
to insurance 
companies. 



Capital stock. 



Investment shall 
be same as of in- 
surance stock. 



Conditions of 
operation of 
company. 



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 May 16, 1867. 

An Act to incorporate the Springfield safe deposit company. 

Be it enacted, ^"c, as follows : 

Section 1. Chester W. Chapin, John B. Stebbins, James 
D. Brewer, their associates and successors, are hereby made 
a corporation by the name of the Springfield Safe Deposit 
Company, for the purpose of receiving on deposit for safe 
keeping, government securities, stocks, bonds, coin, jewelry, 
plate, valuable papers and documents, and other property of 
every kind, and of collecting and disbursing the interest or 
income upon such of said property received on deposit as 
produces interest or income, and of collecting and disburs- 
ing the principal of such of said property as produces 
interest or income, when it comes due, upon terms to be 
prescribed by the corporation ; with all the powers and 
privileges, and subject to the duties, restrictions and liabilities 
set forth in the sixty-eighth chapter of the General Statutes, 
and in all the general laws which now are or hereafter may 
be in force relating to such corporations. 

Section 2. The seventy- third, seventy-fourth, seventy- 
fifth, seventy-sixth and seventy-seventh sections of the fifty- 
seventh chapter of the General Statutes shall apply to, and 
be in force against this company, in the same manner and 
to the same extent as they apply to and are in force against 
banks ; and sections thirteen, fourteen, seventeen, nineteen, 
twenty, twenty-one, twenty-seven, twenty-eight and twenty- 
nine of the fifty-eighth chapter of the General Statutes shall 
apply to and be in force against this company, in the same 
manner and to the same extent as they apply to and are 
in force against insurance companies. 

Section 3. The capital stock of said corporation shall be 
two hundred thousand dollars, with the privilege to increase 
the same to three hundred thousand dollars ; and said 
capital stock shall be invested in the manner provided by 
law for investing the capital stock of insurance companies. 

Section 4. The company shall not go into operation until 
one-half of its capital stock has been paid in, in cash, and 
a certificate from the insurance commissioner has been 
obtained, authorizing the company to go into operation ; and 
said commissioner shall make the examination in the same 
manner as he is now required to do in the case of insurance 
companies by section thirty of chapter fifty-eight of the 



1867.— Chapters 247, 248, 249. 635 

General Statutes, upon payment into the treasury of any 
fees which arc or may be prescribed to be paid by insurance 
companies in similar cases. 

Section 5. Said corporation shall be entitled to purchase May^hoid real 
and hold real estate, not exceeding in vahie one hundred 
thousand dollars. 

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

Approved May 16, 18G7. 
An Act to authorize albert t. stearns to extend his wharves Chap. 247 

IN DORCHESTER. 

Be it enacted, ^'c, as follows: 

Section 1. Albert T, Stearns is hereby authorized to May^extend^on 
extend his wharves on the Neponset River in the town of "^""^^ 
Dorchester, towards the harbor line now established, to such 
line within the same as may be directed by the harbor com- 
missioners : provided^ that all things done under this grant Provisos: harbor 
shall be subject to the determination and approval of the approye. 
board of harbor commissioners, as provided by section four 
of chapter one hundred and forty-nine of the acts of the 
year eighteen hundred and sixty-six ; and provided. i\\^i this shaii not impair 

*' ,111- • • -xiii-ix e Tested rights. 

grant shall m no wise impair the legal rights oi any person. 
Section 2. This act shall take effect upon its passage. 

Approved May 16, 1867. 

An Act in relation to marriage contracts. Chap. 248 

Be it enacted, §'c., as follows : 

Section 1. No marriage contract heretofore made between figg^^^'i-^jP*"' 
parties, both of whom are now living, or which may be here- or made here- ' 
after made shall be invalid as between the parties thereto voi"'by'faiiure^to- 
and their heirs and personal representatives by reason of '■'^'=°'^'^- 
the failure to record the same as required by section twenty- 
eight of chapter one hundred and eight of the General 
Statutes. 

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

\ Approved May 18, 1867. 

An Act relating to probate courts in the county op Chap. 24^ 

FRANKLIN. 

Be it enacted, ^'c, as follows : 

Section 1. The probate court heretofore held at Charle- simii be held in, 
mont sliall hereafter be held at Shelburne Falls on the fourth b^^n^Faiis and 
Tuesday of May in each year. And the probate court now a^geTmatters 
required by law to be held at Lock's Village in Shutesbury, returnable to be 
shall hereafter be held at Orange on the third Tuesday of ^"^ 
June in each year ; and all processes and matters returnable 
to the court at Charlemont on the fourth Tuesday of May may 



636 1867.— Chapters 250, 251. 

be heard and acted upon at the court herein established, to 
be held_ at Shelburne Falls on said fourth Tuesday of May ; 
and all processes and matters returnable to the court at 
Lock's Villa<jje in Shutesbury on the second Tuesday of July, 
may be acted upon at any of the courts to be held at Orange 
next after said second Tuesday of July. 
Repeal of § 36 ch. SECTION 2. So mucli of scctiou thirty six of chanter one 
hundred and seventeen of the General Statutes, as requires 
the holding of a probate court at Charlemont, and at Lock's 
Village in Shutesbury, is hereby repealed. 

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

Approved Miy 18, 1867. 



117 G.S. 



Chap. 250 

Notary pi 
may take- 



An Act coxcerxing thk acknowledgment of deeds. 
Be it enacted, c^c, as follows : 
Notary public SECTION ] . The acknowledgment of deeds may be made 

before any notary public in this Commonwealth. 
Such former acts SECTION 2. All ackuowlcdgmeiits of deeds heretofore 
vaud."^"*^ ° ^ made in this Commonwealth before a notary puijlic duly 
commissioned and qualified, shall be deemed and taken to 
be legal and valid. 

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

Approved May 18, 1867. 



Chap.Tol 



An Act to establish the city of haverhill. 
Be it enacted, §'e., as follows : 
City established. SECTION 1. Tlic inhabitants of the town of Haverhill shall 
continue to be a body politic and corporate under the name 
of the city of Haverhill, and as such shall have, exercise 
and enjoy all the rights, immunities, powers and privileges, 
and shall be subject to all the duties and obligations now 
incumbent upon and pertaining to the said town as a muni- 
cipal corporation. 
Government. SECTION 2. TIic administration of all the fiscal, prudential 

and municipal affairs of the said city, with the government 
thereof, shall be vested in one municipal officer styled the 
mayor, one council of six, to be called the board of alder- 
men, and one council of eighteen, to be called the common 
council; which boards, in their joint capacity, shall be 
denominated the city council ; and the members thereof 
shall be sworn to the faithful performance of their respective 
'Quorum of city dutics. A majority of each board shall constitute a quorum 
-council. |-^^, ^j^^ transaction of business. And no member of either 

board shall receive any compensation for his services. 
Division of town SECTION 3. It sliall bc tlic duty of the selectmen of said 
""' '" town, as soon as may be after the passage of this act and its 

acceptance, as herein provided, to divide said town into six 



into wards. 



1867.— CHArTER 251. 637 

wards, to contain as nearly as conveniently may be an equal 
number of voters, which division may be revised by the city 
council witliin two years from the passage hereof. The city Revision of lines. 
council shall, once in five years and not oftener, alter, if 
needful, the boundaries of said wards, in such manner, how- 
ever, as to preserve, as far as possible, an equal number of 
voters in each ward. 

Section 4. On the first Monday of December, annually. Annual election 
there shall be chosen by ballot in each of said wards, a warden, ° 
clerk, and tiirec inspectors of elections, who shall be differ- 
ent persons, residents in the ward, who shall hold their 
offices one year and until others are chosen and qualified in 
their stead. Said wardens shall preside at all ward meetings, ward meetings, 

- P , .• 1 -o ! now organizeil. 

With the power of moderators of town meetmgs ; and it at 
any meeting the warden is not present, the clerk shall pre- 
side until a warden, pro tempore, is chosen by ballot ; if both 
the warden and clerk are absent, the senior in age of the 
inspectors present shall preside, until a warden, j^ro tempore, 
is thus chosen ; and if all said officers are absent, any legal 
voter in said ward may preside until a warden, pro tempore, 
is chosen. When any ward officer is absent or neglects to 
perform his duty, his office shall be filled, jrro tempore. 
The clerk shall record all the proceedings and certify the cierkandin- 
vofces, and deliver to his successor in office all such records o?.'''' °'^^' 
and journals, together with all other documents and papers 
held by him in his said capacity. The inspectors shall assist 
the warden in receiving, assorting and counting the votes. 
All said officers shall be sworn to a faithful discharge of ward officers 

,,. ,. . -, i,T I-., 11 ji iii shall be sworn. 

their duties ; said oath to be administered by the clerk to 

the warden, and by the warden to the clerk and to the 

inspectors, or to either of said officers by any justice of the 

peace for the couijty of Essex ; certificates of such oaths 

shall be made by the clerk upon the w^ard records. All ^e'l'ungs^^dti- 

warrants for meetings of the citizens for municipal purposes zens, how issued. 

to be held either in wards or in general meeting, shall be 

issued by the mayor and aldermen, and shall be in such 

form and served and returned in such manner and at such 

times as the city council shall direct. 

Section 5. Tlie mayor and aldermen are authorized. Mayor and aider- 

■1 . I T r- 1 1 T 1 J." nien may order 

when no convenient ward room lor holding ward meetings meeting of citi- 
of the citizens of either of the wards of the city can be had •^othe™!"'^ 
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 



638 



1867.— Chapter 251. 



Mayor, how cho- 
sen, and tenure 
of office. 



Common council- 
men. 



Election shall be 
first Monday in 
December, annu- 
ally. 



Certificates of 
choice of coun- 
cilmen and of 
record to city 
cleik. 



Proviso: failing 
to elect may ad- 
journ to other 
day. 



Aldermen shall 
notify mayor 
elect. 



Proceedings in 
case of failure to 
elect or of refusal 
to accept. 



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 6. The mayor shall be elected by the qualified 
voters of tlie city at large, voting in their respective wards, 
and shall hold his office for the municipal year next following 
his election, and until another shall be chosen and qualified 
in his place. 

Section 7. Six aldermen, one alderman being selected 
from each ward, shall be elected by the qualified voters of 
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 are elected and qualified in their places. 

Section 8. Three common councilmen shall be elected 
by and from the voters of each ward, who shall at the time 
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 9. On the first Monday of December annually, 
the qualified voters in the several wards shall give in tlieir 
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 per- 
sons voted for, and the number given for each to be written 
in the ward record at length. The clerk of the ward within 
twenty-four hours thereafter shall deliver to the persons 
elected members of the common council, certificates of tlieir 
elections respectively, signed by the warden and clerk and 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, hoivever, that if the choice of 
members of the common council shall not be effected on 
that day in any ward, the meeting in such ward m.ay 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, certi- 
fied 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 sliall issue warrants 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 



1867.— CHArxER 251. 639 

time to time shall be repeated until a mayor shall be chosen 
and shall accept said office. In case of the decease, resig- vacancy ia osce 
nation or absence of the mayor or of his inability to perform cou^crmay'fiu. 
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 Failure to elect 
that the whole number of aldermen have not been elected, ciedings"' ^''°" 
the same proceedings shall be had as are herein before pro- 
vided in regard to the choice of mayor. Each alderman Notice to persons 

t elected 

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 oatu to mayor, 
the mayor by the city clerk, or by any justice of the peace te°rld^ '"""^' 
for the county of Essex. 

The aldermen and common councilmen elect, shall on the Aidermenand 
first Monday of January at ten o'clock in the forenoon, meet Xen^Lnd uow 
in convention, when the oath required by this act shall be ^'^°™- 
administered to the members of the two boards present, by 
the mayor or by any justice of the peace for the county of 
Essex ; and a certificate of such oath having been taken Kecords of oatu. 
shall be entered on the journal of the mayor and aldermen, 
and of the common council by their respective clerks. 

And when it shall appear that a mayor has not been Failure to elect 
elected previously to the first Monday of January aforesaid, ™rst Mo^nday iu 
the mayor and aldermen for the time being, shall make a ^g^JJj"^''-^'' p''°" 
record of that fact, an attested copy of wdiich the city clerk 
shall read at the opening of the convention to be held as 
aforesaid. 

After the oath has been administered as aforesaid, the two organization of 
boards shall separate, and the common council shall ^e «=o'^'^<'n counci . 
organized by the choice of a president and clerk, to hold 
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 city council siiaii 
Monday of January, or if a mayor shall not then have been oPaTsencToT* 
elected, the city council shall organize itself in the manner |J,ayorrwho° may 
herein before provided, and may proceed to business in the after be sworn. 
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. 



640 



1867.— Chapter 251. 



Aldermen may 
choose president 
jiro tern. 

Each board shall 
keep records. 

Vacancy in 
board. 



Mayor; office and 
duties defined. 



May, -with board 
appointing, re- 
move officer. 



May call special 
meetings of 
boards. 



Shall inform 
and advise. 



Shall preside ex 
officio. 

Salary of mayor. 



Executive pow- 
ers vested in 
mayor and alder- 
men. 



May appoint city 
marshal and 
other police. 



May require 
bonds of marshal 
or constable. 



Ill the absence of the mayor, the board of aldermen may 
choose a presiding officer, pro tempore., who shall also preside 
at the joint meetings of the two boards. Each board shall 
keep a record of its own proceedings and judge of the elec- 
tions of its own members ; and in case of failure of election 
or in case of vacancy declared by either board, the mayor 
and aldermen shall issue their warrants for a new election. 

Section 10. The mayor shall be the chief executive officer 
of the city. It shall be his duty to be active and vigilant 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, when 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 sucli 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, bat shall have a casting vote only. 

His salary for the first five years, under this charter, shall 
be fixed by the city council, but shall not exceed the sum of 
five hundred dollars per annum. Afterward it shall be such 
as the city council shall determine. It shall be payable at 
stated periods, but shall not, at any time, be increased or 
diminished during the year for which he is chosen. He shall 
receive no other compensation. 

Section 11. The executive power of said city generally 
and the administration, with all the powers heretofore vested 
in the selectmen of Haverhill, shall be vested in and may be 
exercised by the mayor and aldermen as fully as if the same 
were herein specially enumerated. 

The mayor and aldermen shall have full and exclusive 
power to appoint 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, 



1867.— Chapter 251. 641 

u'ith such security and to such amount as they may deem 
reasonable and proper, upon which bonds the like proceed- 
ings and remedies may be had as are by law provided in case 
of constables' bonds, taken by the selectmen of towns. 

The mayor and aldermen shall have the care and super- city property, 
intendence of the city buildings, and the custody and man- menThau havf" 
agement of all city property, with power to let or to sell what p^g^i^"*^ '^''' 
may be legally let or sold, and to purchase property, real or 
personal, in the name and for the use of the city when its 
interests or convenience may, in their judgment, require it. 
And the mayor and aldermen shall, as often as once a year, Annual report of 
cause to be published, for the use of the inhabitants, a par- "rei^ dt^prop-" 
ticular account of the receipts and expenditures, and a "'>"''"'* 'i*'''^- 
schedule of city property and of the city debts. 

Section 12. In all cases in which appointments are Appointments by 
directed to be made by the mayor and aldermen, the mayor ™en°how'^madei 
shall have the exclusive power of nomination, being subject, ei'gii^'iity- 
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 the common council. All sittings of the sittings not ex- 
mayor and aldermen, of the common council, and of the pub^c!*"""^ 
city council, shall be public when they are not engaged in 
executive business. 

Section IB. The city council shall, annually, as soon after Treasurer, city 
their organization as may be convenient, elect by ballot, in con- officers^uow ^^ 
vention, a treasurer and collector of taxes, city clerk, one or •=^°^*'°- 
more superintendents of highways, a city solicitor, city audi- 
tor and city physician, who shall hold their offices respec- 
tively for the term of one year, and until their successors 
shall be chosen and qualified : provided hoivever, that either Proviso: may be 
of the officers named in this section may be removed at any cIusT 
time by the city council for sufficient cause. 

Section 14. The city council shall, annually, in the month Engineer of are 
of December, elect by joint ballot, in convention, a chief asfist'llnts^iiow 
engineer of the fire department, and as many assistant engi- ciiosen. 
neers, not exceeding eight, 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 
successors are chosen and qualified. 

Tlie compensation of the foregoing officers mentioned in pay of officers 
this and the two preceding sections shall be fixed by concur- 13"^ 14.*'^^ 
rent vote of the city council. 
24 



642 



1867.— Chapter 251. 



City clerk, func- 
tions and duties. 



City council may 
appoint ottier 
officers. 



Shall guard cus- 
tody and pay- 
ment of money 
from treasury. 



Overseers of 
poor, number of 
and ex officio 
members. 
Mayor to be of 
board, andchair- 
man ex officio. 
Election and 
tenure. 



Eligibility. 

Vacancies in 
board, how filled. 



Removals for 
cause. 

Organization. 



Assessors of 
taxes, how chos- 
en; tenure and 
pay. 



Section 15. The citj clerk shall also be clerk of the 
board of aldermen, and shall be ^worn to the faithful per- 
formance of his duties. He shall perform such duties as 
shall be prescribed by the board of aldermen ; and he shall 
perform all the duties and exercise all the powers incumbent 
by law 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 16. The city council shall, in such manner as 
they shall determine, elect or appoint, all other subordinate 
officers, for whose election or appointment other provision is 
not herein made, define their duties and fix their compen- 
sation. 

Section 17. The city council shall take care that no 
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 entrusted with the receipt, custody or disburse- 
ment of money. 

Section 18. The board of overseers of the poor in the 
city of Haverhill, shall consist of six members, residents of 
the city. The mayor, president of the common council and 
city marshal shall be ex officio members of the board. The 
mayor shall be ex officio chairman of the board. The city 
council shall annually elect by joint ballot in convention in 
the month of January, three persons to be members of said 
board, and to hold tlieir offices for the year next ensuing, 
and until others shall be elected and qualified in their stead. 
But no more than one of the tlireo 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 only for the unexpired term of the member who has 
ceased to hold office. The city council may at any time 
remove members of the said board from office for cause. 
The board shall be organized annually on the third Monday 
in January. 

Section 19. The city council shall elect by joint ballot in 
convention, three persons to be assessors of taxes, one person 
to be elected in each year, to hold office for the term of three 
years from his election, whose compensation shall be fixed by 
the concurrent vote of the city council. The persons so 
chosen shall, with the mayor, constitute the board of asses- 
sors, and shall exercise the powers and be subject to the 
liabilities and duties of assessors in towns. The mayor shall 



1867.— Chapter 251. 643 

be ex officio chairman of the board. In case of a vacancy in vacancy, how 
said board of assessors, such vacancy shall be filled by the ®"**^" 
choice of another assessor in the manner aforesaid, to serve 
for the unexpired term for which the member whose place 
he fills was to have held his office. All taxes shall be assessed, Taxes, how as- 
apportioned and collected in the manner prescribed by the 
general laws of the Commonwealth : provided^ hoivever, that ProTiso. 
the city council may establish further or additional provis- 
ions for the collection thereof. 

Section 20. The qualified voters of each ward, at their Assistant as- 
respective annual ward meetings for the choice of officers, choTen'anTdu- 
shall elect by ballot, one person in each ward, who shall be a *'*^- 
resident of said ward, to be an assistant assessor ; and it 
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 shaiibeswom. 
shall be sworn to the faithful performance of their duty. 

Section 21. The qualified voters of each ward shall elect schooi commit- ^ 
by ballot three persons in each ward who shall be residents tenure and du- ' 
of the ward, to be members of the school committee, one per- be cLriman.*'* 
son 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 committee, 
and have the care and superintendence of the public schools. 
The mayor shall be ex officio chairman of the board. All the school moneys; 
rights and obligations of the town of Haverhill in relation gatiousofto°wn" 
to the grant and appropriation of money to the support of ^este*d°n°ci'ty. 
schools, and the special powers and authority heretofore 
conferred by law upon the inhabitants of the school districts 
in said town to raise money for the support of schools therein, 
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 grants and appropriations of money for the 
support of schools, and the erection and repair of 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 22. Should there fail to be a choice of members ward failing to 

n , 1 . T . , , • , , • 1 elect committee 

01 tlie school committee or assistant assessors in any ward on or assistant asses- 
the day of the annual ward meeting, the meeting shall be ^^y Adjourn, 
adjourned from time to time until the elections shall be com- 
pleted. 

Section 23. The city council shall have power to lay out city council 
sidewalks, and fix the width, height and grade of the same, ™de^vvaiks°and 
and require all persons owning land abutting on such side- to'^p"aTe ''walksT^ 
walks, to pave the walks with brick, stone or concrete, and person failing, 



644 1867.— Chapter 251. 

city may do, and to kccp tliG saiiie ill good repair, as they may direct, the city 
recover expense, fl^gj; gem,jg j^l^g curbstoiies and paviiig 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 coun- 
cil 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 name 
of the city, the expense of paving and keeping the same in 
City council, good repair. The city council shall have the same powers 
tion*'to EtiJets in relation to the laying out, acceptance, altering or discon- 
andways. tiuuing of strccts and ways, and the assessment of damages 

■which selectmen and inhabitants of towns now have by law, 
all petitions and questions relating to the same, however, 
Party aggriered, being first actcd ou by the mayor and aldermen. Any per- 
may appea . ^^^^ aggrieved by any proceedings of the mayor and aldermen, 
or of the city council under this provision, shall have all the 
rights and privileges now allowed in appeals from the decis- 
Councii may ions of Selectmen or the inhabitants of towns. The city 

cause drains and Minii /i-,i i- i 

sewers laid, pay couucil shall aiso liavc authority to cause drains and com- 
Bumsfore^'nTrTin ™oi^ scwcrs to bc laid dowii througli any street or private 
sewer, and con- lands, paying thc owucrs sucli damage as they may sustain 

trol private ii-ri t?i t 

drains. thereby, said damage to be assessed m the same manner and 

upon the same principles as damages are assessed in the lay- 
ing 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 case the said city council shall judge the same nec- 
essary or proper for the health and cleanliness of the city. 
May regulate in- SECTION 21. Thc city couucil may make by-laws with 
ber! hay and™' sultablo peualtics, for the inspection and survey, mcasure- 
birds^etc^*"' ment and sale of lumber, wood, hay, coal and bark, brought 
into or exposed in the city for sale, and shall have the same 
powers as the town had 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 subject to the action of the town thereon. 
May also make Thc city couiicil may also make all such salutary and 
to approvauf ' uccdful by-laws as towns, by the laws of this Commonwealth, 
mayor. havc powcr 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, but subject to the approval of the mayor : jiro- 
ProTiso. vided, hoivever, that all laws and regulations in force in the 



1867.— CHArTER 251. 645 

town of Haverhill 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 25. All fines, forfeitures and penalties accruing Fines, forfeit- 
for the breach of any by-law of said city, or of the ordinances "JcOTerei'. 
of the city council, or of any order of the mayor and alder- 
men,. shall be prosecuted for by the city solicitor, and recov- 
ered before the police court of Haverhill in the manner pre- 
scribed by law ; reserving however to the party prosecuted 
the right of appeal to the superior court. If any person 
refuses to recognize with sureties to prosecute his appeal, or 
to pay the fine imposed upon him, the same proceedings 
shall be had as under like circumstances in any criminal 
prosecution. 

Section 26. All elections of national, state, county and Election of ua- 
district officers who arc voted for by the people, shall be held county an/ciis- 
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 27. Prior to every election, the mayor and alder- Mayor and awer- 
men shall make out lists of all the citizens of each ward J^^'fgpf "o^rs 
qualified to vote in such elections, in the manner in which a»ni»iiy, and 

i 1 1 • 1 deliver to clerks 

selectmen of towns are requu'cd to make out lists ol voters ; of wards. 
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 and assistant assessors and other 
city officers ; and they shall deliver the lists so prepared and 
corrected 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 Lists to be 
ward shall be posted in one or more public places in each ^°^*'^ ' 
ward : provided, however, that any person whose name shall Name omitted, 

' •'1 now niav be en" 

not be borne on the list of the ward in which he is entitled tered. 
to vote, when it shall bo 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 closing of the polls, 
upon 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 28. General meetings of the citizens qualified to General meetings 
vote may from time to time be held to consult upon the °^""^'^°^- 
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 



646 



1867.— Chapter 251 



How to be 
■warned. 



Powers board of 
health of town 
vested in city 
council. 



Fire department, 
powers oyer 
vested in mayor 
and aldermen. 



Council may 
change fire 
limits and shall 
control erection 
of buUdiugs in. 



Jurors; mayor 
and aldermen 
shall prepare list 
and submit to 
council. 



Venires for jurors 
how served. 



Representatives 
in general court,) 
warrants for 
election. 



Aqueduct com- 
pany, power over 
vested in coun 
cU. 



Legislature may 
amend this act. 



Commonwealth. And such meetings may and shall be duly 
warned by the mayor and aldermen, upon the request in 
writing, setting forth the purposes thereof, of fifty qualified 
voters. 

Section 29. All power and authority now vested by law 
in the board of health for the town of Haverhill, or in the 
selectmen thereof, shall be transferred to and vested in the 
city council, to be by them exercised in such manner as they 
may deem expedient. 

Section 30. The act entitled '' An Act to establish a firo 
department in the town of Haverhill," passed the ninth day 
of April in the year one thousand eight hundred and forty- 
one, shall continue in force ; and all the power and authority 
now vested in the selectmen of Haverhill in relation to the 
fire department in that town shall be transferred to and 
vested in the mayor and aldermen. But the city council 
shall have power to establish fire limits within the city, and 
from time to time change or enlarge the same ; and by ordi- 
nance they shall regulate the construction of all buildings 
erected within said fire limits, stipulating their location, size 
and the materials of which they shall be constructed, 
together with such other rules and regulations as shall tend 
to insure the same from damage by fire. 

Section 31. A list of jurors shall be prepared by the 
mayor and aldermen in the manner now required of select- 
men, and the list shall be submitted to the common council 
for concurrent action or amendment. The mayor and alder- 
men and city clerk shall have the powers in regard to 
drawing jurors and other matters in relation to them now 
vested in selectmen and town clerks. Venires for jurors to 
be returned from said city shall be served on the mayor and 
aldermen. 

Section 32. The mayor and aldermen shall annually 
issue their warrants for calling meetings for the election of 
the whole number of representatives to the general court to 
which the said city is by law entitled, such number to be 
specified in said warrants. 

Section 33. The power and authority vested in the town 
of Haverhill, by the seventy-third chapter of the acts of the 
year eighteen hundred and sixty-seven, to purchase or other- 
wise take the property belonging to the Haverhill Aqueduct 
Company, shall be vested in and may be exercised by the city 
council. 

Section 34. Nothing in this act contained shall be so 
construed as to restrain or prevent the legislature from 



1867.— Chapter 251. 647 

amending or altering the same whenever they shall deem it 
expedient. 

Section 35. On the first Monday in December in the year First election of 
one thousand eight hundred and sixty-seven, the qualified tobe'ueid.^ *** 
voters of the city, voting at large in their respective wards, 
shall give in their votes for six aldermen, one alderman 
being selected from each ward, whose term of office shall be 
as follows, viz. : the aldermen thus elected forwards num- Terms of office 
bered by the selectmen in their division of the town accord- (defined, 
ing to section three of this charter, one, three and five, shall 
hold their offices respectively for the term of two municipal 
years next following their election ; and the aldermen thus 
elected for the wards numbered as aforesaid, two, four and 
six, shall hold their offices respectively for the term of one 
municipal year next following their election ; and all elections 
of aldermen after said first 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 vacan- 
cies, in which case, the elections shall be for the unexpired 
terms only. 

Section 36. On the first Monday of December in the year common coun- 
one thousand eight hundred and sixty-seven, the qualified eiecuono" 
voters in each ward of the city shall elect three common 
councilmen, who shall, at the time of their election, be 
residents of the wards respectively in which they are elected, 
whose terms of office shall be as follows, viz. : at said election. Terms of office 
wards numbered by the selectmen as aforesaid, two, four and '**^'"''^- 
six, shall elect two common councilmen each for the term of 
two municipal years, and one common councilman each for 
the term of one municipal year next following their election ; 
wards numbered one, three and five, 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 first Elections there- 
Monday of December, shall be for the term of two munici- woyears! ""^ 
pal years from the first Monday of January next following 
their election ; except elections to fill vacancies, in which vacancies, how 
case the election shall be for the unexpired term only. *"®'^" 

Section 37. All acts and parts of acts inconsistent with Acts inconsistent 
this act are hereby repealed : provided, however, that the edrpiovisor*^' 
repeal of the said acts shall not afiect any act done, or any 
right accruing or accrued or established, or any suit or 
proceeding had or commenced in any civil case before the 
time when such repeal shall take effect ; and that no offence 
committed, and no penalty or forfeiture incurred under any 



648 



1867.— Chapter 251. 



Selectmen of 
town in Novem- 
ber current year 
shall issue war- 
rants for meet- 
ings to organize 
new government 



Lists of voters 
thereat, how fur- 
nished. 



Selectmen to ap- 
point meeting of 
officers chosen 
and notify same. 



Annual elections 
thereafter as in § 
nine. 



act 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 said acts, shall be affected by 
such repeal ; and provided, also, that all persons who, at tlie 
time of the said repeal taking effect, shall hold any office 
under the said acts, shall continue to hold the same until the 
organization of the city government contemplated by this 
charter shall be completely effected. 

Section o8. For the purpose of organizing the system of 
government hereby estabhshed, and putting the same in 
operation in the first instance, the selectmen of the town of 
Haverhill for the time being shall, on some day in the month 
of November of the present year, issue their warrants seven 
days at least previous to the second day of December of the 
present year, calling meetings of the said citizens at such 
place and hour as they may deem expedient, for the purpose 
of choosing a warden, clerk and inspectors for each ward, 
and all other officers whose election is provided for in the 
preceding sections of this act ; and the transcripts of the 
records in each ward, specifying the votes given for the 
several officers aforesaid certified by the warden and clerk of 
the ward at said first meeting, shall be returned to said 
selectmen, whose duty it shall be to examine and compare 
the same ; and in case such elections shall not be completed 
at the first meeting, then to issue new warrants until such 
elections shall be completed, and to give notice thereof, in 
manner before provided, to the several persons elected. 
And at said first meeting, a list of voters in each ward, 
prepared and corrected by the selectmen for the time being, 
shall be delivered to the clerk of each ward, when elected, 
to be used as herein before provided. 

After the choice of the city officers as aforesaid, or a 
majority of both boards, the selectmen shall appoint a place 
for their first meeting, and shall by written notice left at the 
place of residence of each member, notify them thereof. 
And after this first election of city officers, and this first 
meeting for the organization of the city council according 
to the provisions of section nine of this act, as provided for 
in this section, the day of holding the annual elections, and 
the day and hour for the meeting of the city council for the 
purpose of organization, sliall remain as provided in said 
ninth section of this act. 



1867.— Chapters 252, 2^3. 649 

It shall be the duty of the city council, immediately after First duty of city 
the first organization, to carry into cifect the several provi- "^°"°"- 
sions of this act. 

Section 39. Tlie selectmen of the town of Haverhill for Town numbering 
the time being shall, Avithin six months from tlie passage mon?hrnwy°ac-'' 
hereof, cause a census of the inhabitants of said town to be ceptact: ifnotit 

T T -\ ■ r- ■ ^ -i-i f •! to be void. 

taken and returned, and ii it shall appear irom said census 
that there are twelve thousand inhabitants in said town, then 
this act shall be submitted to said inhabitants for their 
acceptance, as hereinafter provided ; otherwise it shall be of 
no effect. 

But it shall be void unless the inhabitants of the town of shaii be voia, 
Haverhill, at a legal meeting called for that purpose, shall, acctpt"^^^^^*""^'*" 
by a vote of a majority of the voters present, voting thereon 
as hereinafter provided, determine to adopt the same: all Howtobeactea 
the sections of this act, except the thirty-fifth and thirty- "^°°' 
sixth, shall be voted for or against upon one ballot ; and 
sections thirty-five and thirty-six shall be voted for or 
against on one ballot ; and if sections thirty-five and thirty- 
six shall be accepted upon such vote, then sections seven and 
eight of this act shall be void, and sections thirty-five and 
thirty-six shall stand in place of sections seven and eight : 
provided, the other parts of said act shall be adopted by 
said inhabitants. At said meeting the polls shall be kept Meetine, term of 
open not less than six hours ; and the selectmen shall ^""^ oncers. 
preside in said meeting, and in receiving said ballots shall 
use the check lists in the same manner as they are used in 
elections of state -officers. 

Section 40. This act shall go into operation from and 
after its passage. Approved May 18, 1867. 

An Act to authorize the town op Arlington to sell certain Hhf^q^ 9^9 

LAND. 2 ' " "^ 

Be it enacted, §'c., as folloics : 

Section 1. The town of Arlington may sell the land May seii troinicg 
situated in said town, known as the training field, excepting fk.nmaae''pubuc 
such portion on the easterly side thereof as has been laid out "^"y- 
as a public way from Main Street to Spy Pond. 

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

Approved May 18, 1867. 
An Act in further addition to an act providing for the pi o-o 

MORE speedy COMPLETION OF THE TROY AND GREENFIELD KAIL- ^'^^j^' ~'^'-^ 
EOAD AND HOOSAC TUNNEL. 

Be it enacted, Sfc, as follows : 

For the further prosecution and completion of the Troy Further appro- 
and Greenfield Railroad and Hoosac Tunnel, and for the SoTinto'Isf 

25 



Chap, 25 4: 

In criminal caui 

Commonwealtli 

may 

two. 



650 1867.— Chapters 254, 255. 

on scrip; money pajmcnt of interest upon such scrip as has been or may be 

der 0^214, 1803; issuctl during the progress of the work, there is hereby 

coundrto'^ap- appropriated the sum of six hundred thousand dollars in 

prove use. addition to the suras heretofore appropriated, such sum for 

the purposes aforesaid to be raised in the manner provided 

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. Approved May 18, 1867. 

Ax Act concerning the challenging of jurors. 

Be it enacled, ^'c, as follows: 
In criminal cause In all cascs of trial bv iury, in addition to the challenges 
may challenge uow providcd for, tlic Commonwcaltli in a criminal cause 
shall, before the trial commences, be entitled to challenge 
peremptorily two of the jurors from the panel called to try 
the cause. Approved May 20, 1867. 

Chan. 255 -^^ -^^^ '^^ AUTHORIZE THE TREASURER AND RECEIVER-GENERAL 
' ' OF THE COMMONWEALTH TO ISSUE KEGISTERED BONDS. 

Be it enacted, ^c, as follows: 

May, as directed Section 1. Tlic trcasurcr and receiver-general of the 

by sfovernor and _, ii-ii i-n i i 

council, issue in Commonwcalth IS hereby autiiorized, upon such terms and 
bond° now oul or uudcr sucli rcgulatious as the governor and council may 
authorized. prcscribc, to issue, in pieces of not less than one thousand 
dollars, registered bonds in exchange for, and in lieu of, any 
coupon bonds, which have been, or may hereafter be, issued 
under any law of the Commonwealth ; such registered 
bonds, with the exception of the coupons, to be in conformity 
with all laws authorizing the issue of the coupon bonds for 
Bonds so ex- whicli thc saiuc are to be exchanged. Pie shall mutilate and 
Auditor to certi- Tctain thc bouds so received in exchange. The state auditor 
keirdupHcfte ^liall Certify all such registered bonds ; and he, as well as 
register. ^hc trcasurcr, shall keep a register of the dates, numbers 

and amount of the same, to whom issued, when payable, and 
what bonds were received in lieu therefor. 
Treasurer to SECTION 2. Tbo trcasurcr and receiver-general of the 

toTegi'stered^°'^ Commonwealth shall transfer all coupon bonds of this Com- 
^°'^^^' monwealth now holdeii in the several trust funds, to regis- 

tered bonds as provided in this act. 
May substitute SECTION 3. Tlio trcasurcr and receiver-general of the 
tfin bonds.°'^ '^"" Commonwealth is also authorized, under the terms and reg- 
ulations provided in the first section of this act, to issue for 
all mutilated, defaced or indorsed bonds, presented to him, 
other bonds of like or equivalent issues in substitution 
therefor. 

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

Approved May 20, 1867. 



1867.— Chapters 256, 257, 258, 259. 651 

An Act concerning the construction of highways. Chan 256 

Be it enacted, §"c., as follows : 

Section 1. When in the laying out, widening or rclocat- Town, under 

1 • 1 ,1 , • • [' , county cmmiis- 

mg any highway the county commissioners oi any county sioners, .^haii 
shall require the making of any culvert, cattle pass or other v°rt'oartirpass 
passageway through or under the highway as the commis- or other wa.v. 
sioners shall direct the same to be made and worked, said 
commissioners may order and require the town in which such 
highway is located, to construct such culvert, cattle pass or 
other passage way, and the town shall construct the same as 
a part of the highway. And the county commissioners may county may re- 
re-imburse to said town out of the county treasury, such '^^^^"^ *°"'"- 
portion of the cost of the same, if any, as justice and equity 
may in their judgment require. 

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

Approved May 20, 1867. 



Chaii. 257 



Chap. 258 



An Act to amend the first section of the eighty-second 
chapter of the general statutes, in relation to quails and 

SNIPES. 

Be it enacted, ^'c, as follows : 

Section 1. Whoever between the first day of January Penalty if person 
and the first day of September, takes, kills or destroys any of from' jiuiary to 
the birds called quails or snipes, shall forfeit five dollars for ^'''■"' September. 
every such bird killed. 

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

Approved May 20, 1867. 

An Act concerning the taking of shell-fish in the town of 

barnstable. 
Be it enacted, §r., as folloios : 

Section 1. The provisions of the thirteenth and nine- g- s. 83, §§13, 
teenth sections of the eighty-third chapter of the General north and hlrbor 
Statutes, are hereby extended to the north shore of the town ^''°''®^- 
of Barnstable, and the shores of Barnstable harbor. 

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

Approved May 20, 1867. 
An Act ceding to the united states jurisdiction over certain 

LANDS IN WATERTOWN. 

Be it enacted, Sfc, as follows: 

Section 1. Jurisdiction is hereby granted and ceded to Lands for addi- 
the United States over all that certain lot or tract of land, "°" '° "^^'^"'^'• 
^vith the buildings thereon, situate in the town of Watertown, 
purcliased by the United States as a,n addition to the arsenal, 
and described as follows : commencing at the north-eastern unea defined. 
angle of the arsenal grounds, thence extending along Arse- 
nal Street two thousand three hundred and fifty feet ; thence 



Chap. 259 



652 1867.— Chapters 260, 261. 

to a point distant two thousand three hundred and twenty 

feet, measured along the shore of Charles River, from the 

south-eastern angle of the arsenal premises ; thence along 

the said river to the south-eastern angle aforesaid. 

United states SECTION 2. The United States government is hereby 

mtceTtam flat" autliorized to occupy and fill such flats belonging to the 

comniisiio'jreM°to Commou Wealth, and to place in or over tide-water such 

direct. structurcs as may be necessary for the purposes for which 

the land before described is to be used, and upon such 

terms and conditions as shall be prescribed by the harbor 

commissioners. 

Plan to be filed SECTION 3. This act shall be void unless a suitable plan 

year, or'aa Toid. of tlic prcmiscs, or sucli portiou Or portious thereof as may 

be purchased by the United States, be deposited in the office 

of the secretary of this Commonwealth, within one year 

from the passage of this act. 

.Turisdiction of SECTION 4. The Commonwcaltli shall retain and does 

ises\°7servicrof rctaiu concurrcut jurisdiction with the United States in and 

process to becon- Qyej. ^lic premiscs aforesaid, so far as, that all civil and 

current with ..,^ .. -, , ,. c t ' r^ 

United States. crimHial proccsscs issumg under the authority oi this Com- 
monwealth may be executed on said premises, and in any 
buildings erected or to be erected thereon, in the same way 
and manner as if jurisdiction had not been granted as afore- 

Reversion to said ; aud exclusive jurisdiction shall revert to and revest in 
the Commonwealth of Massachusetts, when the said premises 
shall cease to be used for the purposes herein before 
declared. 

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

Approved May 20, 18G7. 

An Act to change the name of the trustees of the nautical 

branch of the reform school. 
Be it enacted, Sfc, as follows: 
Shall be called SECTION 1. The Corporation called the Trustees of the 
setts Nautical Nautical Braucli of the State Reform School, shall hereafter 
School. i^g known by the name of the Massachusetts Nautical 

School. 

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

Approved May 20, 1867. 

An Act to incorporate the trustees op the cushman library. 

Be it enacted, §'c., as follotos : 

Corporators. SECTION 1. Imla K., Browu, William Dwight, Silas N. 

Brooks, their associates and successors, are hereby made a 
corporation by the name of the Trustees of the Cushman 

Purpose. Library, for the purpose of maintaining and managing a free 

public library in the town of Bcrnardston, and of controlling 
and managing any property that may come into their hands 



state defined. 



€haf. 260 



Chap. 261 



1867.— Chapters 262, 263. 653 

as trustees, agreeably to a vote of the town or to the terms 
of any devise, bequest or donation in behalf of said town or 
of said library; with all the powers and privileges and Privileges and re- 
subject to all the duties, liabilities and restrictions set forth ^'"''"°"^- 
in all general laws which now are or may hereafter be in 
force relating to such corporations^ 

Section 2. Said corporation may make by-laws, not May make by- 
inconsistent with the laws of this Commonwealth, for its '*^^' 
government and for the election and admission of associates 
and successors, agreeably to the provisions of the gift of said 
Cushman library and of the will of Henry "W. Cushman. 

Section 3. Said corporation may hold real and personal May hoia estate. 
property for the purposes herein mentioned to an amount 
not exceeding twenty-five thousand dollars. 

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

Approved May 20, 1867. 
An Act to authorize harvey t. Litchfield to extend his (JJidn 262 

WHARF IN HINGHAM. ^ * 

Be it enacted, ^'c, as follows: 

Section 1. Harvey T. Litchfield is hereby authorized to May extend pres- 
construct a wharf upon his flats in the harbor of Hinghain f^t!"'^'"^*^*^ 
in extension of his present wharf, known as Cushing's Wharf, 
not exceeding the width thereof, toward the channel, and 
not more than four hundred and fifty feet beyond his present 
wharf : provided, that all things done under tliis grant shall Provisos : hnrbo 
be subject to the determination and approval of the harbor to™n>rove°^'^^ 
commissioners, as provided in the fourth section of chapter 
one hundred and forty-nine of the acts of the year eighteen 
hundred and sixty-six ; and provided, that this grant shall in 
no wise impair the legal rights of any person ; ^\\(\. provided, wiiarf shaii con- 
that if a harbor line shall be hereafter established by law in [°™iJ°rbor ihi'e. 
the harbor of Hingham, no part of said wharf shall be main- 
tained beyond said line, but shall be reduced within the same 
at the expense of the proprietors thereof, and with no claim 
upon the Commonwealth for loss or damage sustained thereby. 

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

Approved May 20, 1887. 

An Act CONCERNING THE PAYMENT of SALARIES. pj OfO 

Be it enacted, Sj-c, as folloivs: "' 

Section 1. So much of section thirty-six of chapter fifteen shaii be paid 

of the General Statutes as provides for the quarterly payment monthly. 

of salaries, is hereby repealed ; and all salaries payable from 

the state treasury shall be paid monthly, on the first day of 

each month. 

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

Approved May 24, 1867. 



654 1867.— Chapters 264, 265, 266. 

Chcin 264 "^^ ^^^ CONCERNING THE RIGHTS OF SHAREHOLDERS IN COOPERATIVE 
-' ' ASSOCIATIONS. 

Be it enacted^ §'c., as follows : 

Mfiy^hoid value SECTION 1. Shareholders 111 cooperative associations organ- 
from"" attach-^ izGcl uiider thc provisions of chapter two hundred and ninety 
indent and execu- ^^ ^j^^ ^^^^ ^f ^l^g y^^^, eighteen hundrcd and sixty-six, may 

hold shares therein not exceeding, in the aggregate, the par 
value of twenty dollars, which shall be exempt from attach- 
ment and from being taken on execution. 

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

Approved May 24, 1867. 



Chaj). 265 



An Act for the preservation of the records of town 
proprietaries. 

Be it enacted, S,'c., as folloics: 



County commis- SECTION 1. Thc couiity commissioncrs of the several 
madTcopies^of couutics ai'C licrcby authorized and required to have made, 
vai'ue,tDTde-°^ undcr their direction, copies of such books of records of pro- 
of deids"*'^'^''^^ prietors, or town proprietaries, within their respective coun- 
ties, as in their judgment ought to be preserved and perpet- 
uated ; such copies to be deposited in the registry of deeds 
for the county or division of a county to which such records 
relate, to be there kept by the respective registers of deeds as 
other books of records are kept by them. 
Employes to be SECTION 2. The pcrsoiis employed by said commissioners 
tify copies. ^'^"' to luakc sucli copics shall be sworn to the faitliful discharge 
of their duty, and shall certify the copies made by them as 
Pay. aforesaid. The compensation of such persons shall be fixed 

by said commissioners, and shall be paid out of the county 
treasury. 
Copies from same SECTION 3. Copies fi'om thc copics made, certified and 
evidence. dcpositcd as beforc provided, duly certified by the register of 

deeds, shall be admitted in evidence in any court in the same 
manner as copies from the registry of deeds are now 
admitted. 

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

Approved May 2i, 1867. 

Chap. 266 -^^ -^^"^ '^^ amend chapter two hundred AND NINETEEN OF THE 
^ ACTS OF THE YEAR EIGHTEEN HUNDRED AND SIXTY-SIX, CONCERNING 

THE MILITIA. 

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

^^'lement'tocT Section 1. Chapter two hundred and nineteen of the 
s. amended. ' acts of tlic year eighteen hundred and sixty-six, is hereby 
amended in tlie following named sections, and in the several 
portions and lines thereof, as the same are printed and pub- 
lished in the supplement to the General Statutes of this 
Commonwealth, in manner following, to wit : 



1867.— Chapter 266. 655 

In section fourteen, by inserting after the word " sixty," in Number of com- 
tlie twenty-second line thereof, the word " four." ^'^°^' 

In section twenty-seven, by striking out all between the Miiitia, howor- 
word " designate," in the ninth line, and the word " To," in s'^'^'^'^- ^ ^'• 
the twenty-eighth line thereof, and inserting instead the 
following words : 

" The quartermaster-general shall be also chief of ordnance Quartermaster- 
and commissary-general of subsistence. ^'^°*'^* ' 

To each division there shall be one major-general, whose Division officers. 
staif shall consist of an assistant-adjutant-general, who shall 
also be chief of staff, with the rank of colonel ; one assistant- 
inspector-genoral, with the rank of lieutenant-colonel ; one 
medical-director, who shall be a surgeon and shall have the 
rank of colonel ; one assistant-quartermaster, with the rank 
of lieutenant-colonel ; two aids-de-camp, one engineer of 
division, and one judge-advocate, who shall be a justice of the 
peace, each with the rank of major. 

To each brigade there shall be one brigadier-general, whose Brigade officers. 
staff shall consist of one assistant-adjutant-general, with the 
rank of lieutenant-colonel ; a medical-director of brigade, 
with rank of lieutenant-colonel ; one assistant-inspector- 
general, with rank of major; one assistant-quartermaster, 
one aid-de-camp, and one judge advocate who shall be a 
justice of the peace, each with the rank of captain. 

To each regiment there shall be one colonel, one lieuten- Regimental om- 
ant-colonel, and one major ; also one adjutant and one regi- '^^^^' 
mental quartermaster, each with the rank of first lieutenant ; 
one regimoital surgeon, with the rank of major; one regi- 
mental chaplain, to be borne on the field and staff-roll next 
after the surgeon ; one regimental assistant-surgeon, with the 
rank of first lieutenant ; one sergeant-major and one quar- 
termaster-sergeant, one commissary-sergeant, one hospital- 
steward, and one drum-major. 

To each separate battalion there shall be one major; also Battalion officers. 
one adjutant, one battalion-quartermaster, and one assistant- 
surgeon, each with the rank of first lieutenant ; one ser- 
geant-major, one quartermaster-sergeant, and one hospital- 
steward." 

In section thirty-two, by striking out all between the word ^tP^o^'J^^^':"^ 
" following," in the second line, and the word " No," in the !-.,s--. 

fifteenth line thereof, and inserting instead the following 
words : " The staff of the commander-in-chief by the com- 
mander-in-chief, the staff of a major-general commanding a 
division by the major-general, the staff of a brigade com- 
mander by the brigadier-general commanding the Ijrigade, 
the regimental staff by the colonel of the regiment, the bat- 



656 



1867.— Chapter '266. 



Non-commis- 
sionfid officers, 
§33. 



Commissioned 
officers, § 35. 



Disqualification 
t J office, § 3'3. 



Electors, notice 
to, 5 41. 

Elections, notice 
of, § 44. 



Plurality of offi- 
ces, § 47. 



Discharges by 
comraander-iu- 
chief, § 57. 



Uniform, arms, 
aud equipments, 
bow held, J 72. 



Issue of, § 73. 



Propert7. how 
kept, § 75. 



talioii staff and the staff officers of the cadet companies by 
their respective commanding officers." 

In section thirty-three, by striking out all between the 
words " non-commissioned," in the first line, and " Non- 
commissioned," in the fifth line thereof, and inserting instead 
the following : " staff shall be appointed in manner follow- 
ing ; that of a regiment by the commander of a regiment, 
that of a battalion and of the companies of cadets by their 
respective commanders." 

In section thirty-five, by inserting between the words 
" appointed " and " Every," in the third line thereof, the 
words " unless upon valid objection shown upon hearing 
granted." 

In section thirty-six, by inserting between the words 
" crime " and " shall," in the second line thereof, the words 
" or who has been dishonorably discharged from the service 
of the United States or the militia of this Commonwealth." 

In section forty-one, by striking out the word " ten," in 
the first line, and inserting instead the word " four." 

In section forty-four, by inserting at the end of the first 
paragraph thereof, after the word " forty-one," the words 
" or at any adjournment of a meeting so notified, not 
exceeding four days." 

In section forty-seven, by adding at the end thereof the 
words "but such officer may continue to serve until his 
successor is qualified iii his stead." 

In section fifty-seven, by inserting between the words 
" disbanded " and " in," in the fifteenth line thereof, the 
words " or when it shall appear that such officer has hereto- 
fore been dishonorably discharged from the service of the 
United States or the militia of this Commonwealth ; " also, 
by inserting between the words " discharged " and " Every," 
in said fifteenth line, the words " and all staff officers may 
be discharged, upon the request in writing of their com- 
manding officers, by the commander-in-chief." 

In section seventy-two, by striking out all after the word 
" Commonwealth," in the second line thereof, and inserting ' 
instead the words " to be used for military purposes only ; 
and such as shall not have been properly expended in such 
use, shall be returned when called for by proper authority." 

In section seventy-three, by striking out the word " fifty," 
in the eighth line thereof, and inserting instead the words 
" forty-eight officers." 

In section seventy-five, by striking out from the second 
line the words " except uniforms." 



1867.— Chapter 266. 657 

111 section seventy-six, by striking out all after the word rou, ana receipt 
" of," in the first line thereof, and inserting instead the fol- ert^'§'76'^ ^''°^' 
lowing words : " every officer, non-commissioned officer and 
soldier, to return to the armory or other place of deposit 
each article of military ])ropcrty of the Commonwealth 
issued to, and received by him for use in the military service, 
and not properly expended, within three days after such tour 
of duty, or forthwith upon order of his commanding officer. 
And the possession of any article of such property by the 
person to whom it was issued, not being in the armory or 
designated place of deposit, shall be deemed and taken to be 
prima facie evidence of embezzlement of such article 
of property by the person to whom it was issued, And he 
shall be liable to be punished therefor upon conviction." 

In section seventy-seven, by inserting between the words care of articles, 
" Every " and " non-commissioned," in the first line thereof, ^ "' 
the word " officer ; " also by striking out the word " preser- 
vation," in the fourth line thereof, and inserting instead the 
word " return." Also by striking out the words " withdraw- 
ing from his company," in the sixth line thereof, and insert- 
ing instead the words " leaving the military service." 

In section seventy-eight, by striking out all the words injury to uni- 
therein before the word " any," in the fourth line thereof, fauure to'retum, 
and inserting instead the words " Whoever shall wilfully or ^ ''^■ 
maliciously destroy, injure or deface." Also by striking out 
the word " withheld," in the seventh line, and the word 
" or," which precedes the word " destroyed " in the same 
line, and inserting after the said word " destroyed " the 
words " or defaced." Also by adding at the end of said 
section the words " and he shall be imprisoned in the house 
of correction until such fine is paid, or until he shall be 
discharged therefrom by process of law." 

In section eighty, by striking out all after the word "Any," Accountability 
in the first line, and inserting instead of the words so °^° '^^^ ""^'^ 
stricken out, the following: " officer receiving public prop- 
erty for military use, shall be accountable for the articles so 
received by him, and shall not be honorably discharged from 
the service until he has returned to the adjutant-general a 
receipt from his successor in command, or a proper account- 
ing officer, for the articles issued to him, in good order and 
condition, reasonable use and wear thereof excepted, or 
shown to the adjutant-general, by satisfactory proof, that any 
article not so accounted has been properly expended in the 
service, or defaced, injured, lost or destroyed, without any 
default or neglect on his part ; and if lost or wilfully defaced 
or destroyed through the misconduct of any person, that 

26 



658 



1867.— Chapter 266. 



Camp equipage 
and ammuni- 
tion; supply of, 
custody, and ac- 
countability for, 
§ 82. 



Discharge or 
death of officer, 

§ 86. 



Rent of armories, 
claims for, 6 96. 



Orders of gover- 
nor or commis- 
sioned officer, 
how distributed, 
5 99. 



reasonable efforts have been made by him to recover or pros- 
ecute for the same. And in addition, he shall be liable to 
make good to the Commonwealth all such property so 
defaced, injured, destroyed or lost by any neglect or default 
on his part, and for the recovery of which he has made no 
reasonable effort, to be recovered in an action of tort in the 
name of the Commonwealth." 

In section eighty-two, by inserting between the words 
" detachment" and " such," in the fourth line thereof, the 
words " upon his requisition duly approved." Also l)y strik- 
ing out the word " equipage," in the sixth line, and inserting 
instead thereof the word " property." Also by inserting 
between the words " same " and " to," in the seventh line 
thereof, the words " which shall not have been properly 
expended." Also by striking out from said section all after 
the word "issued," in the ninth line, and inserting in place 
thereof the words " together witli a correct list of the same, 
and it shall be the duty of every officer having property 
delivered to him upon his requisition, or receiving the same, 
on the first days of March, June, Septeml^er and December, 
annually, to make to the chief of the department from which 
such property shall have been issued, a full return of all 
property so received by him, and for which he is by law 
accountable : and each commanding officer of a company, 
for making such returns and for the responsibility of prop- 
erty for which he is held accountable, shall receive the sum 
of twenty -five dollars annually, to be paid only upon the 
certificate of the quartermaster-general and chief of ord- 
nance, that all the required returns have been made and the 
property under his charge accounted for." 

In section eighty-six, by striking out all after the word 
" upon," in the fourth line thereof, and inserting instead 
the words " complying with the provisions of law relating 
to the accounting for public military property." 

In section ninety-six, by inserting after the word " com- 
pany," in the fourth line thereof, the words " of infantry, and 
not exceeding six hundred dollars for one company of artillery 
or cavalry." 

In section ninety-nine, by striking out the words " by the 
division inspector," in the second line, and inserting in place 
thereof the word " and." Also, by striking out the words 
" the brigade-major," in the third line thereof, and inserting 
instead the words " their respective assistant-adjutants-gen- 
eral." Also, by inserting at the end of said section the 
words " when any such order shall be transmitted by tele- 



1867.— Chapter 266. 659 

grapli, a copy thereof shall be immediately forwarded by 
mail." 

In section one hundred and one, by striking out the words Notice, servic« 
" if for military duty, and ten days previous thereto, if for ^\or°° ° ' 
election of ofiicers," in the fifth and sixth lines of said 
section. 

In section one hundred and five, by striking out all between Target practice, 
the words " manoeuvre," in the third line, and " The," in 
the twenty-second line, and inserting instead thereof the words 
" and also for target practice, and for this purpose the quar- 
termaster-general is hereby authorized to issue upon the 
requisition of the commanding ofiicers of such companies 
respectively the necessary ammunition." Also, by striking Monthly driu. 
out from the twenty-third and twenty-fourth lines of said 
section the words " and the monthly drills, or any of them." 

In section one hundred and six, by striking out the word ^°°"g*\^5^'"P" 
" October," in the fiftli line, and inserting in place thereof 
the word " September." 

In section one hundred and seven, by striking out all J'Jderuo"-^'^' 
before the word " no," in the third line thereof. 

In section one hundred and eight, by striking out the Encampment to 
word " three," in the first line thereof, and inserting instead |''^^|^""^*y^' 
the word " five." 

In section one hundred and nine, by striking out all companyroii- 

call § 109 

after the word " officer," in the third line thereof, and ' 
inserting instead the word " thereof." 

In section one hundred' and twelve, by striking out the inspection at en- 
words "brigade-majors and inspectors," in the first lii^g =a">P"ient,§ii2. 
thereof, and inserting instead the words " assistant-inspect- 
tors-general under the orders of their respective commanding 
ofiicers." 

In section one hundred and fourteen, by inserting after Bounds of 
the word "parade," in the second, fifth and sixth lines ^■■°"°'*'' ^ "*• 
thereof, the words " or encampment." 

In section one hundred and eighteen, by striking out from Penalty for ab- 
the eighth and ninth lines thereof, the words " at any com- pau^o^'sq^ad 
pany or squad drill, as provided in section one hundred and dniuepeaied, 
five^ of this act, one dollar." 

In section one hundred and nineteen, by striking out the Deficiency in 
word " two," in the fifth line thereof, and inserting instead menlsTuig"'^' 
the word " five." Also, by striking out the word " one," in 
the last line thereof, and inserting instead the word " three." 

In section one hundred and twenty, by striking out the Loaded arms at 
words "with ball, slug or shot or so," in the third line p^"*^"' * ^-'^• 
thereof, and inserting instead the word " or." 



660 1867.— Chapter 266. 

Certain offences 111 sGctioii OHG huiidred aiid twentj-four, by adding, at 

11T120! 121,122; the end thereof, the words following: "For any offence 

cefdilfgt'pre^ mentioned in this and tlie six preceding sections, the offender 

scribed, § 124. shall bc Carried before the judge-advocate of the division or 

brigade, if present on the field, without unnecessary delay, 

and a trial of such offence had before such officer, who shall 

have concurrent jurisdiction with other magistrates of the 

cause and person. All the proceedings incident to such 

trial, with right of appeal, shall be the same as those in like 

cases before trial justices, but no warrant need be issued to 

bring the offender before the judge-advocate." 

Rosters and or- In scctioii ouc liuiidred and twenty-five, by strikino- out 

dorly books •' ^ ? •/ o 

§^25. ' therefrom all before the word " and," in the second line 
thereof, and inserting instead the words " The assistant- 
adjutant-general of each division and brigade." 

Company returns In scctioii 0116 liuudrcd and twenty-eight, by striking out 

§12™'^™^'"^° ' all after the word " correct," in the second line thereof, and 
inserting instead the words following : " triplicate returns of 
their several companies, which shall certify the manner in 
which such company, on each of the days of encampment, 
performed the duties required by law. He shall deliver one 
of such returns to the inspecting officer on duty in camp, 
and another to the commander of his regiment or battalion, 
and send the third direct to the adjutant-general within ten 
days after said tour of camp duty. The returns of com- 
panies attached to divisions or brigades, and not to regi- 
ments, shall be sent to the commanding officers of divisions 
or brigades, respectively, and consolidated and transmitted 
by them to the adjutant-general." 

Return by mas- In scctioii 0116 liuudred and thirty-one, by striking out the 

ero an ,§ . ^Qj^.jg a ^j^j^^. j-j^q duty was wcll and faithfully," in the eighth 
line thereof, and inserting instead the words " the manner 
in which said duty was." 

Regimental roll In scctioii 0116 liuiidred aiid thirty-two, by striking out the 
cerg, § -. ^Qj.^g a brigade-major or," in the sixth line. Also, by insert- 
ing after the word " camp," in the same line, the words 
" and every commanding officer of regiment or battalion 
shall, within ten days after each tour of camp duty, forward 
to his commander a consolidated return of his whole com- 
mand." 

d^t^'^nss"'™^ In section one hundred and thirty-three, by striking out 
the word " Brigade-majors," in the first line of said section, 
and inserting in place thereof the words " assistant-adju- 
tants-general." Also, by striking out the word " brigade- 
major," in the twelfth and thirteenth lines, and inserting 
instead the word " assistant-adjutant-general." 



1867.— Chapter 266. 661 

III section one hundred and thirty-four, by striking out § i34. 
the word " brigade-majors," in the fourth line thereof, and 
inserting instead the words " assistant-adjutants-general." 

In section one hundred and thirty-live, by striking out tlie rou of officers' 
word "November," in the second line thereof, and inserting '''^'"'■"■^ ^^o. 
instead the word " December." 

In section one hundred and thirty-nine, by striking out Person ordered 
the word "soldier," in the first line thereof, and inserting "uvas^oa^or riot, 
instead the word " person." Also, by striking out from the ^ ^^'^• 
second line thereof the words " armed and equipped." Also 
by striking out the words " fifty dollars," in the fourth line 
thereof, and inserting instead, after the word " company," 
the words " or oflicer to whom he is ordered to report, one 
hundred dollars to be paid into the treasury of the Common- 
wealth." Also by striking out all after the word " leave," 
in the fifth line of said section. 

In section one hundred and forty-one, by striking out the Bodies of troops 
word "corps," in the eleventh line thereof, and inserting '° °'''^''''^' ^ ^"• 
instead the word " company." 

In section one hundred and forty-two, by striking out the Penalties for re- 
words " And a non-commissioned officer or soldier," in the ^"^'''' ^ ^'^'^' 
seventh line thereof, and inserting instead the words " Any 
person." Also by striking out the words " an officer or 
soldier," in the tenth line thereof, and inserting the Avord 
" another." Also by striking out the word " fifty," in the 
eleventh line thereof, and inserting instead the words " five 
hundred," 

In section one hundred and forty-four, by inserting after cam p duty, pay 
the word " officers," in the first line, the words " except staff "'j"!!"^" f^""' 
officers of companies." Also by inserting after the word 
" officers," in the fourth line, the words " except non-com- 
missioned staff' officers of companies." 

In section one hundred and forty-five, by striking out the Assistantadju- 
words " Division-inspectors, brigade-majors or inspectors," added ply^l' 145. 
in the fii?st line thereof, and inserting instead the words 
" Assistant-adjutants-general of divisions and brigades." 

In section one hundred and forty-six, by striking out the other officers ami 
words " for attendance at monthly drills, as provided in this annulTlvfaT *"" 
act, fifty cents per month," in the fourth and fifth lines ''*^^' ^ i^o. 
thereof. Also, by striking out all between the words " dol- 
lars " in the thirteenth line and " Every," in the fourteenth 
line. Also, by striking out the words " and that the several 
sums therein named have been paid," in the thirty-ninth and 
fortieth lines thereof, and by adding at the end of said sec- 
tion the words "The treasurer of each city and town shall 
annually, on or before the thirty-first day of December, pay 



pa- 



662 



1867.— Chapter 266. 



Minimum of 
company, § 182. 



If of less than 
forty-eight, may 
be disbanded, 
§ 183. 



Commander of 
regiment, battal- 
ion or company 
may order officers 
for drill. 



Pay for travel in 
attending. 



Forfeiture for un- 
necessary non- 
attendance. 



Sums due for 
travel shall be 
certified by offi- 
cer to adjutant- 
general. 



Payment. 



into the treasury of the Commonwealth all sums so drawn 
for the payment of military services which shall then 
remain unpaid to the person performing the service. Any 
neglect to pay over such unpaid moneys by such treasurers 
shall be punislied by a fine double the amount remaining 
unpaid in eacli case." 

In section one hundred and eighty-two, by inserting 
between the words " of " and "privates," in the first line 
thereof, the words " officers, non-commissioned officers and." 
Also by inserting at tlie end of said section, the word 
" eight." 

In section one hundred and eighty-three, by striking out 
the words " this act," in the second line thereof, and insert- 
ing instead the word " law," Also, by inserting between the 
words " of" and " privates," in the fourth line thereof, the 
words " officers, non-commissioned officers and." Also, by 
inserting after the word " forty," in the fiftli line thereof, the 
word " eight." 

Section 2. The commanding officer of every regiment, 
battalion or detached company, may order out the commis- 
sioned and non-commissioned officers under his command, 
for elementary drill, two separate days between the middle 
of May and the middle of July, in each year, at such place 
as he shall deem most convenient ; and if the place of any 
such commissioned or non-commissioned officer, in any com- 
pany, shall be vacant from any cause, it shall be the duty of 
the commanding officer of such company to detail from the 
enlisted men under his command, a number sufficient to 
make up the complement of commissioned and non-commis- 
sioned officers to which by law his company is entitled. 

And each person so ordering and so ordered, that shall 
attend any such drill, shall receive for his necessary travel, to 
and from the place of drill, the sum of five cents per mile, 
not exceeding forty miles in all. 

Section 3. Every commissioned and non-commissioned 
officer or private, imnecessarily neglecting to attend, at the 
time and place appointed for drill, as aforesaid, shall forfeit 
and pay the sum of three dollars for every such neglect, to 
be recovered by any commissioned officer, in and for the use 
of his regiment, battalion, or detached company. 

Section 4. The amount to which eacli person is entitled 
for travel, as aforesaid, shall be certified to the adjutant-gen- 
eral, under oath, by the commanding officer of each regiment, 
battalion, or detached company, and the same shall bo paid 
from the treasury of the Commonwealth, as follows, viz. : 
That portion for travel of commissioned officers, non-com- 



1867.— Chapter 267. 663 

missioned officers and enlisted men of companies, to the 
commanding officers thereof, and that portion for travel of 
field and staff officers of regiments or battalions, to the com- 
manding officers thereof respectively, to be by them paid over 
to the parties entitled thereto. 

Section 5. Every officer, non-commissioned officer and officers and pn- 

, n iini j.i'j.1 11 Tates present full 

private ol a company who shall be present during the whole term of annual 
term of the annual encampment, and there perform all the receTJ'o^nrdoii'ar 
duties required by law, shall receive, in addition to the com- '^=''''*- 
pensation provided in section one hundred and forty-six of 
the act to which this is an amendment, the sum of one dol- 
lar, to be applied towards defraying the general expenses of 
his company ; the manner of making the return and pay-roll, 
the mode of payment by cities and towns, and the re-imburse- 
ment by the state, shall be the same as now provided by law 
for services at the May inspection and the annual encamp- 
ment. 

Section 6. Sections forty-six, one hundred and ten, one Repeal h 46, no, 
hundred and seventy-seven, and one hundred and seventy- isee, and'^ot'her ' 
eight of said chapter two hundred and nineteen of the acts [g''^[*'°'^°''^'^" 
of the year eighteen hundred and sixty-six, and all other 
provisions of said chapter inconsistent with this act of amend- 
ment arc hereby repealed. 

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

Approved May 24, 1867. 

An Act relating to insurance companies. Chan 267 

Be it enacted, §'c., as follows: 

Section 1. The provisions of all general laws relating to Foreign compa- 
insurance companies, chartered, incorporated or associated "ug^to^este^naea 
in, or under the laws of, any foreign country, are hereby 'oa-n- 
extended to all companies, associations and individuals, 
formed or associated in foreign countries, and doing an 
insurance business in this state, whether incorporated or not. 

Section 2. The annual statements required of insurance Annual reports, 
companies doing business in this state shall hereafter be filed i^surance^wm'^ 
in the office of the insurance commissioner on or before the "^issioner. 
fifteenth day of January in each year, made out for the year 
ending on the preceding thirty-first day of December : pro- Proviso: eompa- 
vided, that the statements of companies of foreign countries couu'tri'eT'^" 
shall be filed in the month of November in each year, made 
out at the home office for the preceding calendar year ; and 
supplementary annual statements of the business and condi- 
tion of their American branches shall also be filed within the 
time, and made out for the period required of companies in 
the United States. Tlio time herein prescribed for filing said 



664 



1867.— Chapter 267. 



Time may be ex- 
tended for cause 
shown. 



Commissioner 
may revise in- 
quiries. 



Penalties for fail- 
ure of return or 
false statement. 



TCew business 
after neglect of 
return, liow 
deemed. 



Home com panies, 
fee for examina- 
tion of. 



Foreign compa- 
nies, fee for filing 
papers and re- 
turns. 



Officer or agent 
of foreigu com- 
pany, before act- 
ing, sliall have 
license of com- 
missioner. 



Same shall be in 
force until April 
uuless revoked; 
may be renewed. 



Fee for. 



statements may be extended by the commissioner in favor of 
any company for good cause shown, but not beyond the first 
day of the month next after the date herein specified for 
filing the statement. 

Section 3. The commissioner is hereby authorized to 
amend and revise the forms of statements now prescribed by 
law, and to propose such additional inquiries as are necessary 
to elicit a full exhibit of the business and standing of the 
various insurance companies doing business in this Common- 
wealth. Any company neglecting to make returns in the 
manner and within the time authorized and prescribed in this 
act shall forfeit one hundred dollars for each day's neglect ; 
and every company that wilfully makes false statements shall 
be liable to a fine of not less than five hundred nor more 
than one thousand dollars. Any new business done by any 
company or its agents in this state, after neglect to make the 
prescribed returns, shall be deemed to be done in violation of 
law. 

Section 4. Every insurance company incorporated in this 
Commonwealth shall pay into tlie treasury, for the examina- 
tion required by the thirtieth section of the fifty-eighth chap- 
ter of the General Statates, the sum of thirty dollars. Every 
insurance company not incorporated in this Commonwealth, 
applying for admission to do business therein, shall pay into 
the treasury, for filing copy of its charter or deed of settle- 
ment, the sum of thirty dollars ; for filing statement prelimi- 
nary to admission, and for filing each annual statement after 
admission, the sum of twenty dollars. 

Section 5. No officer, agent or sub-agent of any insurance 
company not incorporated in this Commonwealth shall act 
or aid in any manner in transacting the business of insurance 
of or with such company, or placing risks or effecting insur- 
ance therein, without first procuring from the insurance 
commissioner a certificate of authority so to do, for each com- 
pany for which he proposes to act, which shall state in sub- 
stance that such company is duly authorized to do business in 
this state under the laws thereof, and that such agent or other 
person has duly complied with the laws relating to the agents, 
of such companies. The commissioner, upon being satisfied of 
the facts to be stated therein, shall grant such certificate, 
which shall continue in force until the first day of April next 
after the date thereof, unless sooner revoked by the commis- 
sioner for non-compliance with the laws aforesaid, and shall 
be renewed on said day and annually thereafter, so long as 
the company and its agents continue to comply with said 
laws. For such certificate, so granted, and for each renewal 



siouer and clerks 
for. 



1867.— CHArxER 268. 665 

thereof, the company named therein shall pay into the 
treasury the sum of two dollars. Whoever violates the pro- Penalty for vio- 
visions of this section shall be punished by a fine not exceed- 
ing live hundred dollars for each offence. 

Section 6. For each copy of a paper filed m the office of Fees for eiing 

And cGrtiiviii''" 

the insurance commissioner there shall be paid at the rate papers by com- 
of twelve cents a page, and for certifying the same, the sum ™"''""'*^'"- 
of one dollar. Said fees shall be collected by the commis- 
sioner and paid into the treasury. 

Section 7. So much of the seventy-first section of the Publishing by 
fifty-eighth chapter of the General Statutes as requires the g^s.^58*^°""i" '''^ 
publication of a copy of the statement therein referred to, is '^'^p®''^- 
hereby repealed. 

Section 8. There shall be allowed and paid to the com- valuation ofufe 
missioner out of the moneys received, as compensation for gatiouoV commi"- 
tlie valuation of life policies, the sums due for actuarial and 
clerical assistance employed in making, such valuation. The 
balance then remaining unexpended, to an amount not 
exceeding fifteen hundred dollars, shall be allowed and paid 
for the actuarial services of the commissioner: provided, Proviso. 
hoivever, that in the amounts allowed and paid, during the 
current year, for actuarial and clerical assistance, shall be 
included the amount due for the clerical assistance employed 
by the predecessors of the present commissioner, being the 
amount actually paid into the treasury on policies whose 
valuation has been finished and footed up by them and has 
been used in completing the valuation of the last year. 

Section 9. The commissioner shall report annually to commissioner 
the legislature all the receipts and expenditures of his ana rfport^e-"'"^ 
department, and shall give bond with sufficient sureties to '='*'P'j.'^''°'^P''y" 
be approved by the treasurer in the sum of ten thousand 
dollars for the faithful discharge of all the duties of his 
office. 

Section 10. All acts and parts of acts inconsistent here- 
with are hereby repealed. Approved May 24, 1867. 



An Act to establish certain harbor lines in cape cod harbor 

in provincetown. 



Chcq). 26S 

Be it enacled.) §'c., as folloios ; 

Section 1. No wharf, pier or other structure in the Limitation of ex- 
town of Provincetown, shall ever hereafter be extended into *'*"'''"^- 
and over the tide-waters of said harbor, beyond the line 
hereinafter described. 

Section 2. The harbor line begins at a point in said Cape Harbor unes 
Cod harbor three hundred and sixty-three feet north- '^''^'^^'^■ 
westerly from the centre of. Long Point light-house, (said 
27 



666 1867.— Chapter 269. 

point lying in the range between said light-house and monu- 
ment 0,) and runs in a straight line south-westerly one 
thousand nine hundred and eighty-three feet to a point dis- 
tant live hundred and sixty feet north-westerly from monu- 
ment A ; thence on an arc of a circle, of nine hundred and 
forty feet radius, south-westerly and westerly, for a distance 
of one thousand three hundred and twenty feet, to a point 
in the range from the steeple of the new Methodist church 
in Provincetovy^n to monument B, and nine hundred and 
sixty feet tlierefrom ; thence on an arc of a circle of three 
thousand seven hundred and seventy-five feet radius, north- 
westerly and northerly, for a distance of six thousand and 
ninety feet to a point in the range from Long Point light- 
house to monument C, and two thousand one hundred and 
fifty-eight feet therefrom ; thence on an arc of a circle of 
nine thousand nine hundred and thirty-three feet radius, 
north-easterly and easterly, for a distance of ten thousand 
one hundred and seventy-five feet, to a point in the range of 
Long Point light-house and monument D, and tliree thousand 
four hundred and sixty-five feet therefrom. 
Monuments des- ^lic above-mentioncd monuments, marked respectively A, 
B, C, D, are granite posts, and have the letters H. L. 
inscribed thereon. 

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

Approved May 24, 1867. 

ChaV 269 "^^ "^^^ ^^ amend an act JOK supplying the city of WORCESTER 
-^ ' AVITH PURE WATER. 

Be it enacted, Sf'c, as follows : 

City may borrow SECTION 1. For the purposcof defraying all costs and 

money and issue . i l t • i i j.i j.i 'j. r 

additional cxpenscs lucurrcd or to be incurred under the authority oi 

todeftay^c"st! " chaptcr OYiQ liundrcd and four of the acts of the year eight- 
een hundred and sixty-four, the city council of the city of 
Worcester shall have authority to borrow from time to time 
such sums of money, and to issue notes, bonds or certificates 
therefor to be denominated on the face thereof " Worcester 
tfn^&^thoT'^d ^^^ter Scrip," as they shall deem necessary to an amount 
' not exceeding two hundred and fifty thousand dollars, in 
addition to the amount authorized by the act aforesaid, upon 
the same terms and conditions, and with the same authority 
in regard to interest and the sale of said scrip, and the pay- 
ment of the principal thereof, and the appropriation and 
assessment of money for the payment of the principal and the 
interest of the moneys so borrowed as contained in section 
five of the act aforesaid. 

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

Aiyproved May 24, 1867. 



1867.— Chapter 270. 667 

An Act TO AUTHORIZK THE EXTENSION OF THE WESTERN RAILROAD QJi(fj) O^Q 
TO THE CITY OF BOSTON, AND FOR OTHER PURPOSES. ^ " 

Be it enacted, iVc, as follows: 

Section 1. The Boston and Worcester and Western Rail- Boston & wor- 
road Corporations, at any time within the period of four tern co"'umr 
months from tlie passage of this act, at meetings duly called """"■ 
to consider the question of consolidation, may, by vote of 
a majority in interest of the stockholders present and voting 
at sucli meetings, agree to unite and consolidate the said 
corporations, upon terms to be fixed by commissioners to be Terms of union. 
appointed by the supreme judicial court, unless said corpo- 
rations shall otherwise agree upon such terms as hereafter 
provided ; and such votes so passed by said corporations 
respectively, shall be effectual to unite and consolidate the 
said corporations within the intent and meaning of this act. 

If within three months from the passing of such votes, s.j. court may 
said corporations shall not agree upon the terms of such con- sionew ifTo^o-" 
solidation, either of said corporations may petition the agre°e°^ '^° """^ 
supreme judicial court for the appointment of three commis- 
sioners, to fix and determine what sum shall be paid out of 
the funds of the said consolidated corporation to the stock- 
holders of either of said original corporations, as the same 
existed at the time of such consolidation, in order to equal- 
ize the value of the stock of said corporations; and upon Award of com- 
due notice said court shall appoint such commissioners, the firmed by court 
award of whom, or a major part of whom, being made and '° ^^ ^^^^' 
confirmed by said court, shall be final ; and the court shall 
enter such order or decree as may be found needful to carry 
into effect such award so confirmed. Said corporations shall corporations to 

. PI n remain distinct 

contmue distmct and separate after the ijassage of the votes until terms are 

fixed 

aforesaid, so far as may be necessary to make the settlement, 
or otherwise fix the terms of consolidation above provided, 
and carry into effect the award of said commissioners, and 
the decree of the court confirming the same. 

Section 2. If the Boston and Worcester Railroad Com- »-. & w. co. 
pany neglects or refuses to pass said vote to unite and con- unio°n^, western 
solidate said corporations as aforesaid, the Western Railroad tomlnauepotln 
Corporation is hereby authorized and required to establish, P°s*on •'^"'i f^- 
on or near tide-water ni or near the city of Boston, before 
the first day of May, in the year eighteen hundred and sixty- 
eight, a terminal depot for the accommodation of its mer- 
chandise and other traffic, with power to take the land 
necessary therefor ; and is further authorized to extend its 
railroad from a convenient point at or near the present ter- 
minus of its line in the city of Worcester, by some direct 
and feasible route, to said terminal depot ; and for these 



668 



1867.— Chapter 270. 



G. S. 63 to apply. 



Proviso : limita- 
tion of time. 



Or may purchase 
other road to form 
continuous line 
from Albany to 
Boston. 



Or may unite 
•with same. 

Other company 
may sell to or 
unite with Wes- 
tern Co. 



Corporation so 
formed to have 
functions and 
obligations of 
Cos. in severalty 



Corporations 
uniting to be 
single in suits 
out of state. 



purposes shall have all the powers and privileges, and be 
subject to all the duties, restrictions and liabilities set forth 
in the sixtj-third chapter of the General Statutes, and in all 
general laws that now are or hereafter may be in force relat- 
ing to railroad corportions : provided, hoivever^ that said 
extension road shall be located within eighteen months and 
constructed within one year thereafter. 

Section 3. In place of locating and constructing a new 
line of road from Worcester to Boston, as provided in the 
preceding section, said corporation may, within six months, 
purchase the road, property and franchise, or so much of 
the road and franchise of any railroad company, having a 
line of road terminating in Boston, as may be necessary and 
convenient to form with its own road a first class continuous 
line of railroad from Albany to Boston ; or said corporation 
may unite and consolidate its stock with the stock of such 
company ; and any such company may, within six months, 
sell a portion of its road and franchise, or the whole of its 
road, property and franchise to, or unite and consolidate its 
stock with the stock of said Western Railroad Corporation, 
upon such terms and conditions as may be agreed upon and 
approved by a majority in interest of the stockholders of 
each of said corporations present and voting at meetings 
duly called for that purpose. 

Section 4. If any such consolidation takes place as is 
provided in the first and third sections of this act, the cor- 
poration so formed shall have, hold, possess and enjoy all 
the powers, privileges, rights, franchises, property, claims, 
demands and estates, which, at the time of such union may 
be held and enjoyed by either of the said existing corpora- 
tions, and be subject to all the duties, restrictions, obliga- 
tions, debts and liabilities to which, at the time of the union, 
either is subject in severalty, and all suits at law or in 
equity, and all proceedings before any tribunal which may 
be pending, to which either corporation shall be a party, 
may be prosecuted and defended by the company hereby 
authorized, in the same name, in like manner and with the 
same effect as might have been done had such union not 
been formed. All claims, contracts, rights and causes of 
action, of or against either corporation, at law or in equity, 
may be enforced by suit or action, to be commenced and 
prosecuted by or against the corporation formed as aforesaid. 
And the said existing corporations shall continue corpora- 
tions for the purpose of prosecuting or defending any suit 
or proceeding at law or in equity, or otherwise now pending, 



1867.— Chapter 270. 669 

or which may hereafter be brought by or against either of 
them out of this Commonwealth. 

Section 5. The first meeting of tlie corporation hereby First meeting of 
authorized, shall be called by the presidents of the two cor- how caued."^^' 
porations composing its parts, or either of them ; and of the 
time and place of said meeting ten days' notice shall be 
given by publication in two newspapers in the city of Boston, 
one in the city of Worcester, one in the city of Springfield, 
one in the town of Pittsfield, and two in the city of Albany, 
in the state of New York ; and at the said meeting, persons stockholders of 
holding stock in either of the component corporations, shall i^oti^ ™ay vote, 
be entitled to vote in like manner as they would have been 
had these corporations been convened separately. The offi- officers to act tin 
cers respectively of the said corporations shall continue to "zed.^°' '^ °'^^°" 
exercise, in behalf of the said united corporations, all the 
rights and powers which they now exercise, till the united 
corporation shall be organized. 

Section 6. After the organization of the corporation, companies to 
formed as aforesaid, each of the said existing corporations fecung^uubn!'^'^ 
shall continue, for the purpose of perfecting the said union, 
and doing all such acts and things, if any, as may be neces- 
sary therefor, and shall execute all such transfers, assign- 
ments and conveyances as the corporation, formed as afore- 
said, may deem necessary or expedient to vest in itself any 
property, estates, contracts, rights or claims, if any there be, 
which do not vest in it by virtue or authority of this act. 

Section 7. The corporation, formed as aforesaid, shall be Title of new com- 
called the Boston and Albany Railroad Company, and shall ^''°*' 
have power to take and hold additional lands necessary for May uoia addi- 
the enlargement of its depot accommodations, compensation t'°"=^"'^"'^^- 
therefor to be determined as is provided by law, and may 
have an amount of capital stock equal to the authorized capital stock. 
capital of the two corporations, and shall be authorized to 
increase said capital stock by adding thereto from time to 
time an amount not exceeding three millions of dollars. 

Section 8. The time and place of the annual meeting of Annual meeting. 
the consolidated corporation, authorized by this act, shall be 
fixed by the by-laws. The number of directors shall not Directors. 
exceed thirteen, five of whom shall be the directors chosen 
on behalf of the state. The present directors of the Western 
Railroad Corporation, chosen by the legislature, shall be and 
continue directors of the corporation, formed as aforesaid, 
during the terms for which they were respectively chosen ; 
and upon the expiration of their respective terms, new direc- 
tors shall be chosen in their stead, in the same way as direc- 
tors of the Western Railroad Corporation are now chosen, 



670 



1867.— Chapter 270. 



Commissioners 
sinking fund of 

V\'e,-teru Co. 



Western Co. or 
new corn, may 
reach depot in 



may connect with whether 

same by new 
road. 



and ill case of any vacancy occurring during the recess of 
the legislature, the same may be filled as provided by law. 

Section 9. The treasurer of the Commonwealth and the 
treasurer of the corporation authorized by this act, for the 
time being, shall be the commissioners of the sinking fund of 
the Western Eailroad Corporation. 

Section 10. In case the Western Railroad Corporation 
shall decide to approach its terminal depot in Boston over 
oo's^roalTanci'^'^ thc wliole or a part of the road of any other corporation, 
by the purchase of the whole or a portion of said 
road and franchise, or by a union and consolidation of the 
capital stock of the two corporations, said Western Railroad 
Corporation, or the Boston and Albany Railroad Company, 
as the case may be, is hereby authorized to locate, construct, 
maintain and use so much new road as may be necessary to 
connect its existing line of road with the line of such other 
road, and also with its terminal depot in Boston. 

Section 11. If, in the location and construction of any 
part of the road approaching its terminal depot in Boston, 
said corporation finds it necessary or expedient to cross any 
navigable water, it is hereby authorized so to do, in such 
places and manner, and upon such terras, and subject to such 
conditions as shall be prescribed by the liarbor commis- 
sioners. 

Section 12. If the Western Railroad Corporation decides 
to connect its existing line of road with the terminal depot 
aforesaid in Boston, without consolidating its stock with the 
stock of any other railroad company, said Western Railroad 
Corporation shall on the first day of December, in the year 
one thousand eight hundred and sixty-seven, assume the 
name of the Boston and Albany Railroad Company, and may 
for the purposes of this act, from time to time, increase its 
capital stock, by adding thereto an amount not exceeding five 
millions of dollars. 

Section 13. 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. 



Company may 
cross navigable 
waters. 



Harbor commis 
sioners to ap- 
proye. 



If connectinK 
only with other 
road, shall take 
name of Boston 
& Albany R. R. 
Co. and may in- 
crease capital 
stock. 



Shall giye notice 
of increase before 
issue of new 
shares. 



Stockholders 
may take new 
shares according 
to number they 
then held. 



Shares not so 
taken. 



1867.— Chapter 270. 671 

Section 14. AVheii notice of any such increase of capital state treasurer 
stock shall be given to the treasurer of the Commonwealth, direction'' or gov- 
the governor, with the advice and consent of the council, is ^^"0"^ -'^"'^ <="""• 
hereby authorized to instruct the treasurer to take the pro- 
portion of shares to which the Commonwealth may be enti- 
tled, or any part thereof; and the governor, with the advice 
and consent of the council, may draw his warrant on the 
treasurer in payment therefor; and such temporary loans May effect loan 
are hereby authorized to bo obtained by the treasurer as may same^^"'^"'^ ""^ 
be necessary for the payment of the amounts thus drawn for. 

Section 15. Neither the Western Railroad Corporation Transportation of 
nor the Boston and Albany Railroad Company shall charge, em OT^B.^fc^t.*' 
demand or receive, or be entitled to charge, demand or C"- ; restrirtions 

...~' .01 charges lor. 

receive lor the transportation by it oi freight to any station 
upon its road, a greater sum than is at the time received by 
it for the transportation of the like class and quantity of 
freight from the same original point of departure to a station 
at a greater distance on its road in the same direction : 
provided, that the sum received in any case for the trans- proviso, 
portation of joint freiglit shall not be taken as the standard 
for charges on local freiglit. 

Section 16. The Boston and Albany Railroad Company b.& a. co.shaii 
shall furnish, on every part of its line of road from Boston to ["JTucc^mmo' 
the state line, accommodations or facilities for local travel dations. 
and business not less than are now furnished by either of the 
corporations consolidated under the provisions of this act : 
provided, that such travel and business continue equal in Proviso, 
amount to what the same now are. 

Section 17. The Common weal tli may at any time pur- coramonweaith 
chase of the Boston and Albany Railroad Company its road ™anch^e''and 
and all its franchise, property, rights and privileges, by pay- property of co. 
ing therefor such sum as will re-imburse it the amount of 
capital paid in to the several corporations composing it, and 
to the Boston and Albany Railroad Company, with a net 
profit thereon of ten per cent, a year, from the times of the 
payment thereof by the stockholders of said corporations 
respectively, to the time of the purchase. 

Section 18. If any such consolidation takes place, as is consolidation 
provided in the first section of this act, the corporation so uon'^to^authoHze 
formed shall have the authority to establish on or near tide- taking land iv.r 
water, in or near the city of Boston, a terminal depot for the 
accommodation of its merchandise and other traffic, witli 
power to take the land therefor ; and is further authorized to May extend road 
extend its railroad from a convenient point on its line by *°^^'°^- 
some direct and feasible route to said terminal depot ; and Buties, liabilities 
for these purposes shall have all the powers and privileges, ^""^ restrictions. 



672 



1867.~Chapters 271, 272. 



and be subject to all the duties, restrictions and liabilities set 
forth in the sixty-third chapter of the General Statutes, and 
in all general laws that no^y are or may hereafter be in force 
relating to railroad corporations. Said corporation may pur- 
chase the road, property and franchise, or so much of the 
road and franchise of any railroad company, having a line of 
road terminating in Boston as may be necessary and conve- 
nient to make a connection with said terminal depot ; or said 
corporation may unite and consolidate its stock with the stock 
of such company ; and any such company may sell a portion 
(or the whole) of its road, property and franchise to, or 
unite and consolidate its stock with, the stock of said corpo- 
ration, upon such terms and conditions, as may be agreed 
upon and approved by a majority in interest of the stockhold- 
ers of such company and said corporation, present and voting 
at meetings duly called for such purpose : provided, that 
nothing in this act contained shall authorize said corporation 
to enter upon or take or interfere with any lands already 
occupied for depot purposes by any railroad corporation ter- 
minating in Boston, unless the consent of such corporation is 
first obtained : provided further, that no land shall be taken 
under this act within twenty feet of " Union Park," so called, 
in Chelsea. 

Section 19. This act shall give to the said corporation no 
right to take or use any flats of the Commonwealth, and no 
right to erect any structure upon or to fill up any flats it 
may take or purcliase, which right was not by law attached 
to such flats when taken or purchased. 

Section 20. This act shall take effect upon its passage. 

Approved May 24, 1867. 

An Act to authorize tiik old colony and Newport railway 

COMPANY to remove ITS DEPOT IN PLYMOUTH. 

Be it enacted, Sfc, as follows : 

Section 1. The Old Colony and Newport Railway Com- 
pany is hereby authorized to remove its depot in Plymouth 
to a point not exceeding five hundred yards southwesterly 
from its present station, and to connect the same by tracks 
over its own land with the present tracks. 

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

Approved May 24, 1867. 

Chan 272 ^^ ^^^ ^^ incorporate the MARLBOROUGH AQUEDUCT COMPANY. 

Be it enacted, §'e., as follows : 

Corporators. Section 1. Samucl Boyd, Hugli R. Bean, Thomas Corey, 

their associates and successors, are hereby made a corpora- 
tion by the name of the Marlborough Aqueduct Company, 



May purchase 
any road termin- 
atiug in Boston, 
for connection 
with depot. 

Or may unite 
with same. 



Such companies 
may sell to or 
unite with. 



Provisos : other 
depot lands not 
to be takea Tvith- 
out consent. 



Nor certain lands 
in Chelsea. 



nights of Co. in 
relation to flats. 



C]iap,2ni 



May remove five 
hundred yards S. 
W. of present 
station. 



1867.— Chapter 272. 673 

for the purpose of supplying the inhabitants of the town of Purpose. 
Marlborough with pure water ; with all the powers and Privileges and re- 
privileges, and subject to all the duties, restrictions and lia- ^'™*""'^- 
bilities set forth in all general laws which now arc or here- 
after may be in force applicable to such corporations. 

Section 2. Said corporation for the purpose aforesaid May take waters 
may take, hold and convey to, into and through said town andtandforereo- 
the waters of Gates Pond, so called, in the town of Marl- *'e°°rvoirs.'^' '""^ 
borough, and may take and hold, by purchase or otherwise, 
such land as may be necessary for erecting and maintaining 
dams and reservoirs, and for laying and maintaining con- 
duits, pipes, drains and such other works as may be neces- 
sary for the purity and preservation of said waters, and for 
collecting, conducting and distributing the same as herein 
provided. Said corporation shall, within sixty days from shaii file in regis- 
the time of taking any land as aforesaid, file in the office of wTthiutixtydays, 
the registry of deeds in the southern district of the county ^^'^J^°^«"'°*"^'^"'^ 
of Middlesex, a description of the land so taken sufficiently 
accurate for identification, and a statement of the purpose 
for which taken, signed by the president of said corporation. 

Section 3. Said corporation may build aqueducts and May buiid aque- 

• , • ,1 1 1 -j^ 1 1 ii r L ducts, hydrants, 

mam tain the same by any works suitable thereior, may erect etc., and distrib- 

and maintain dams, may make reservoirs and hydrants, and "'" '^'''^''' 

may distribute the water throughout said town by laying 

down pipes, and may establish the rent therefor. Said cor- pipes and drains, 

poration may also, for the purpose aforesaid, carry its pipes ^a'rded!" 

and drains over or under any water-course, street, railroad, 

highway or other way, in such manner as not to obstruct the 

same, and for like purpose may enter upon and dig up any 

road, under the direction of the selectmen of the town of 

Marlborough, in such manner as to cause the least hindrance 

to the travel thereon. 

Section 4. All damages sustained by taking land, water Land or water 
or water-rights, or by making aqueducts, reservoirs or other as'c'^rtafned°and 
works, shall be ascertained, determined and recovered, in leoovered. 
the manner now provided by law in case of land taken for 
highways. 

Section 5. No application shall be made to the county Applications for 
commissioners for the assessment of damages for the taking trbrmade'.^^ ^^ 
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 G. Any person who shall maliciously divert the penalty for ma- 
water, or any part thereof, of the sources which shall be orco^Tupuonof 

28 



674 



1867.— Chapter 272. 



•water or injury 
to works. 



Capital and 
shares. 



Condition of in- 
curring liabilities 



Town of Marl- 
borough may- 
hold stock. 

Proviso : if voters 
so elect. 



Town may, by 
loan or tax, raise 
sums necessary. 



May purchase 
franchise and 
property. 



Failing to agree, 
S. J. Court may 
appoint commis- 
sioners whose 
award shall be 
final. 



Town may issue 
'' Water ?crip " 
to defray cost. 



taken by the said company pursuant to the provisions of this 
act, or who shall corrupt the same, or render it impure, or 
who shall maliciously destroy or injure any dam, reservoir, 
aqueduct, pipe or hydrant, or other property held, owned or 
used by the said company for the purposes of this act, shall 
pay three times the amount of actual damage to the said 
company, to be recovered by any proper action ; and every 
such person, on conviction of either of the malicious acts 
aforesaid, may be punished by fine not exceeding one hun- 
dred dollars, and imprisonment not exceeding six months. 

Section 7. The capital stock of said corporation shall not 
exceed fifty thousand dollars, to be divided into shares of 
one hundred dollars each ; and no pecimiary liability shall be 
assumed by said corporation until one-quarter part of its 
capital stock has actually been paid in, in cash. 

Section 8. The town of Marlborough is hereby author- 
ized to subscribe for and hold shares in the capital stock of 
said company, to the amount of ten thousand dollars : pro- 
vided, 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 treasury, and to hold the same 
as town property, subject to the disposition of the town, for 
public purposes, in like manner as any other property it 
may possess. 

Section 9. Said town of Marlborough is hereby author- 
ized 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 10. The town of Marlborough may, at any time, 
purchase the franchise of said cor])oration, and all its corpo- 
rate property, at such price as may be agreed upon between 
the parties ; and in case the parties cannot agree upon the 
price, the supreme judicial court, or any justice thereof, 
upon application of either party, shall appoint three commis- 
sioners to award what sum said town shall pay to said com- 
pany for such franchise and its corporate property, which 
award shall be final. 

Section 11, For the purpose of defraying the cost of such 
property, lands, water and water-rights, as shall be pur- 
chased for the purpose aforesaid, the town of Marlborough 
shall have authority to issue from time to time notes, scrip, 
or certificates of debt, to be denominated on the face thereof 
" Marlborough "Water Scrip," to an amount not exceeding 
fifty thousand dollars, bearing interest payable semi-amiually, 



1867.— Chapters 273, 274. 675 

and the principal shall be payable at periods not more than Principal and 

. , '■ V ii • • i" J.1 • 1 • A interest of scrip, 

twenty years from the issumg oi the said scrip, notes or when payable. 

certificates respectively ; and the said town may sell the same, 

or any part thereof, from time to time, at public or jnivate 

sale, for the purpose aforesaid, on such terms and conditions 

as the said town shall judge proper. Said town is further Town may assess 

authorized to make appropriations, and assess from time to of^ame^'"'^^™*"' 

time such amounts, not exceeding in one year the sum of 

five thousand dollars, towards paying the principal of the 

money so borrowed, and also a sum sufficient to pay the 

interest thereon, in the same manner as money is assessed 

and appropriated for other town purposes. 

Section 12. In case the town of Marlborough sliall pur- Rigiits and re- 
chase the property, rights and privileges of the corporation chaseTs^mad^e'!'^' 
established by this act, said town shall exercise all the rights, 
powers and authority, and be subject to all the restrictions, 
duties and liabilities herein contained, in sucli manner and 
by such officers, servants and agents as the town shall, from 
time to time, ordain, appoint and direct. And said town Townshaiibe 
shall be liable to pay all damages occasioned by the diversion damageTnTt'pIid 
of any water, or tlie obstruction of any stream, or the flow- ^'^ company. 
ing of any lands for the purposes of said aqueduct, which 
shall not have been previously paid by said corporation. 

Section 13. This act shall take effect upon its passage. 

Approved May 24, 1867. 

Ax Act ix relation to the mklrose axd south readixg horse Hhr.^f 97^ 

RAILROAD COMPANY. -t ' "^ 

Be it enacted, §'c., as folloics : 

Section 1. All the rights, privileges, liabilities, duties and Time for locating 
restrictions granted to or imposed upon the Melrose and South roadTxtendedto 
Reading Horse Railroa,d Company by chapter one hundred "^""'^ ^' ^^^^■ 
and seventy of the acts of the year eighteen hundred and 
sixty-three, and all su'jsequent acts in relation thereto, sub- 
ject to any modification made by any general law relating to 
horse railways, are hereby revived, and the time for accept- 
ing, locating and constructing said railroad is hereby 
extended to the first day of June in the year eighteen 
hundred and sixty-nine. 

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

Approved May 24, 1867. 

Ax Act to ixcorporate the rice, barton and fales machixe 

AND iron company. 

Be it enacted, ^'c, as fullowft : 

Section 1. George M. Rice, George S. Barton, Joseph corporators. 
E. Fales, tlieir successors and assigns, are hereby made a 



Chap. 274 



676 1867.— Chapters 275, 276, 277. 

corporation by the name of Rice, Barton and Pales Machine 
and Iron Company, for the mannfactnre and sale of 

Location. machinery, steam-boilers and castings in the city of Wor- 

cester ; with all the powers and privileges, and subject to all 

Privileges and tlic dutics, rcstrictions and liabilities set forth in all general 

restrictions. •, i-i i c. \ • r 'ix- 

laws which now are or hereaiter may be in lorce m relation 
to manufacturing corporations. 

fharef ^'"''^^"'^ SECTION 2. Tlic wholc Capital stock of said corporation 
shall not exceed the sum of sis^ hundred thousand dollars, 
and shall be divided into shares of one hundred dollars 
each, and it may hold real and personal estate necessary for 

Proviso. i\^Q purposes aforesaid, not exceeding that amount : provided, 

hoivever, said corporation shall not go into operation until 
the sum of one hundred and fifty thousand dollars of its 
capital stock shall be paid in, in cash. 

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

Apjjroved May 24, 1867. 
Chcip. 275 An Act concerning limitations of actions for flats and 

GREAT PONDS OF THE COMMONWEALTH. 

Be it enacted, S^'c, as follows: 
^ppucltfo'nde-' Section 1. The provisions of section twelve of chapter 
fined. one hundred and fifty-four of the General Statutes, shall not 

apply to any property, right, title or interest of the Common- 
wealth below high-water mark or in the great ponds. 
Section 2. Tliis act shall take effect upon its passage. 

Approved May 27, 1867. 

Chop. 276 An Act fixing the salary of the secretary of the board 

OF education. 
Be it enacted, c^c., as folloios : 
andhow'iJIid! Section 1. The secretary of the board of education shall 
receive an annual salary of three thousand dollars, and also 
the sum of four hundred dollars in full compensation for 
travelling expenses to be paid out of the moiety of the 
school fund applicable to educational purposes. 

Section 2. The salary herein before provided shall be 
paid from the first day of January last. 

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

Approved May 27, 1867. 

Chap. 277 An Act in relation to the school committee of the city of 

charlestown. 

Be it enacted, ^'c, as folloivs : 

number"as'fix°^i SECTION 1. Froiii aiul after the present municipal year 
by city couucii. tlic scliool cominittce of tlic city of Charlestown shall con- 
sist of such number of persons, divisible by three, as has 
been or may hereafter be determined by the city council, 



1867.— Chapters 278, 279. 677 

who shall be elected in the manner now provided by law. den^t°of''counci?'' 
The mayor of said city and the president of the common to^^e members 
council shall be ex officiis members of the board, and the 
mayor shall be chairman of the board and shall, if present, 
preside at all the meetings thereof. 

Section 2. All acts and parts of acts in relation to said nepeai. 
city, which arc inconsistent with the provisions of this act, 
are hereby repealed. 

Section 3. This act shall take effect from and after its Act to be in force 
acceptance by a majority of the citizens of said city voting majoruy ofciti-'^ 
thereon, by yea and nay and by ballot, at ward meetings ''=«°s voting. 
duly warned and held for the purpose, at which meetings 
the polls shall be kept open at least six hours, and the check 
list shall be used as at the elections of state and city officers. 

Approved May 27, 1867. 

An Act fixing the salaries of county treasurers. O/lGp. 2 /o 

Be it enacted, ^'c, as/oUotvs: 

Section 1. The treasurers of the several counties of the shaiibepaid 
Commonwealth hereinafter named, shall be furnished by the fumuhed office. 
county with an office in the court house or other county 
building, and receive in quarterly payments from the treas- 
ury an annual salary, in full for all services by them per- 
formed, as follows : 

For the county of Berkshire, one thousand dollars; for salaries fixed for 
the county of Bristol, twelve hundred dollars ; for the to" Essex', 
county of Essex, eighteen hundred dollars ; for the county fJik'fptymout'h^ 
of Hampden, one thousand dollars ; for the county of Nor- H^m^'wre''"'^ 
folk," thirteen hundred dollars ; for the county of Plymouth, 
one thousand dollars ; for the county of Worcester, eighteen 
hundred dollars ; for the county of Hampshire, eight hun- 
dred dollars. 

Section 2. The salaries herein provided shall be paid ^^^^^!jf/'°™ 
from the first day of January last. 

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

Ajiproved May 27, 1867. 

An Act concerning the appointment of police officers in cities. CIlCip. 279 

Be it enacted, tVc, as folloios : 

Section 1. The mayor and aldermen of the several cities Mayor and aider- 

, ,. . , ,. n^ .,, n p nienmay appoiut 

may at any time appoint police officers, with all or any oi with powers of 
the powers of constables, except the power of serving and cepto^ncwrpro- 
executing civil processes, who shall hold their offices during <=esses. 
the pleasure of the mayor and aldermen. 

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

Approved May 27, 1867. 



678 



1867.— Chapters 280, 281, 282. 



Chap.280 



Corporators. 



Privileges and 
reatrictions. 



Chap.2H] 



Corporators. 



Purpose and lo- 
cation. 



Privileges and re- 
strictions. 



May hold real 
estate. 



Capital stock and 
shares. 

Proviso. 



Chap. 282 



May construct be- 
tween Scull Head 
and Strawberry 
Hill and extend 
to eight feet 
depth of water. 



An Act to incorporate the central mutual fire insurance 

COMPANY. 

Be it enacted, ^'c, as follows : 

Section 1. William T. Merrifield, Edward Earle, Philip 
L. Moen, their associates and successors, are hereby made a 
corporation by the name of the Central Mutual Fire Insur- 
ance Company, in the city of Worcester, for the purpose of 
making insurance against losses or damage by fire, on the 
mutual principle ; with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions set forth 
in all general laws, which now are or hereafter may be in 
force relating to such corporations. 

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

Approved May 27, 1867. 

An Act to incorporate the george ii. gilbert manufacturing 

COMPANY. 

Be it enacted, ^'c, as follows: 

Section 1. George H. Gilbert, Lewis N. Gilbert, Charles 
D. Gilbert, their associates and successors, are hereby made 
a corporation by the name of the George H. Gilbert Manu- 
facturing Company, for the purpose of manufacturing silk, 
woolen or cotton cloths, or any fabric wholly or in part of 
silk, wool or cotton, in the towns of Ware and Hardwick ; 
and for this purpose 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 manufacturing corporations. 

Section 2. Said corporation, for the purposes aforesaid, 
may hold real estate necessary and convenient for its busi- 
ness, to an amount not exceeding two hundred thousand 
dollars ; and the whole capital stock shall not exceed the 
sum of six hundred thousand dollars, divided into shares of 
one hundred dollars each : provided, however, that said cor- 
poration shall not go into operation until one hundred and 
twenty-five thousand dollars of its capital stock shall have 
been paid in, in cash. 

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

Approved May 27, 1867. 

An Act to authorize nathan p. laighton to construct a wharf 

IN HULL. 

Be it enacted, §'c., as follows : 

Section 1. That Nathan P^. Laighton is hereby authorized 
to construct a wharf on his land in Hull, between Scull 
Head and Strawberry Hill, and to extend the same into tide- 
waters over any flats being his property, and over any flats 
of the Commonwealth tliat may lie in front of his outer line 



1867.— Chapters 283, 284. 679 

of flats, to a line where the water is eight feet deep at low- 
tide ; said wharf to be not over one hundred feet in width : 
provided, that all things done under this grant shall be sub- narbor commis- 
ject to the determination and approval of the board of harbor pr7v"^'°'^^" 
commissioners, as provided in the fourth section of chapter 
one hundred and forty-nine of the acts of the year eighteen 
hundred and sixty-six ; and provided, 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 May 27, 1867. 

An Act to incorporate the liberty masoxic association, in Qhnn Og3 

BEVERLY. -t ' 

Be it enacted, §'c., as follows : 

Section 1. John I. Baker, John B. Hill, Edward L. Gid- corporators. 
dings, their associates and successors, are hereby made a cor- 
poration by the name of the Liberty Masonic Association, for 
the purpose of erecting a building in Beverly, and maintain- Purpose. 
ing the same, for the accommodation and purposes of a 
masonic liall, lectures and any other lawful purpose ; with 
all the powers and privileges, and subject to all the duties, Privileges and re- 
restrictions and liabilities set forth in all general laws which ^'™''°"^- 
now are or hereafter 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 Estate. 
its capital stock : provided, however, that said corporation Proviso, 
shall incur no liability until ten thousand dollars of its cap- 
ital stock has been paid in, in cash. 

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

Approved May 27, 1867. 

An Act to aid the construction of the boston, hartford and Q/id/n 284 

ERIE railroad. ^' 

Be it enacted, §'c., as follows : 

Section 1. The treasurer of the Commonwealth is hereby Treasurer of 
authorized and instructed to issue scrip or certificates of may "i^sue scrip 
indebtedness in the name and in behalf of the Common- for *3 000,000, 

T f 1 payable lu Lcu- 

wealth, and m the maimer herem designated, lor the sum of don, bearing iu- 
three million dollars, which may be expressed in the currency cenT. ^ ^^'^ 
of Great Britain, and may be payable to the bearer thereof 
in London, and bearing interest of five per cent, per annum, 
payable semi-annually in London on the first days of Jan- 
uary and July ; or the whole or any part of said scrip may Or may i?sue in 
be issued in federal currency, payable in Boston, as the direc- pVabiefuBM-''^ 



680 1867.~CiiAPTER 284. 

ton. as directors toi's of tliG Bostoii, Hartford aiicT Erie Railroad Company 

of Co. may e ec . g|-jg^jj clect wliGii tliej apply for any issue of said scrip, with 

Shall be redeem- Warrants for the interest attached thereto ; which said scrip 

uar^-^igoo"^ "'"■°" ^^' certificates in the currency of Great Britain shall be 

redeemable in London, and that in federal money at Boston, 

on the first day of January in the year nineteen hundred, 

and shall bear date on the first day of January or July which 

„^ „ , , shall next precede the issue of the same. All said scrip shall 

Shall be counter- • t i i n r-i i ^ o 

signed by gover- bo countcrsigncd by thc govcmor 01 the Commonwealth lor 
the time being, and be deemed a pledge of the faith and 
credit of the Commonwealth for the redemption thereof. 
Treasurer shau 'pi;,^ trcasurcr of tlic Commonwcaltli for the time being shall 
urer of company dclivcr Said scrip to tlio trcasuror of the Boston, Hartford and 
go'vernoTand ^ Eric Railroad Company whenever ordered by the governor 
council. g^j^(j council, on the application of the directors of said rail- 

purpose|^toaid poad compauy, uudcr the provislous of tliis act, for the pur- 
raiiway from posc of aiding Said railroad company to complete its railway 
kiifin°New York. IVom tlic city of Bostou to Fishkill, in the state of New York, 
Interest and ex- ^ud for tliG equipment of the same. The interest on such 
change on por- pgrtiou of the scrip authorlzcd by this act as shall be ex- 

tion payable inl -i • ^ n r^ -r> • ' 

London. prcsscd lu tlic currcucy oi Great Bntam, and the cost oi 

exchange, shall be paid by the Boston, Hartford and Erie 
Railroad Company in coin or its equivalent, at the option 
of the treasurer of the Commonwealth. 
Conditions of SECTION 2. Whcu it shall be made to appear to the satis- 

of'scrip. ' faction of the governor and council and attorney-general that 
the mortgage to Robert H. Berdell and others, trustees, con- 
firmed by the one hundred and forty-second chapter of the acts 
of the year eighteen hundred and sixty-six, has been duly 
executed and recorded ; and that all underlying mortgages 
on that part of said road of said Boston, Hartford and Erie 
Railroad Company, lying between the foot of Summer Street 
in the city of Boston and the towns of Southbridge in Massa- 
chusetts and Willimantic in Connecticut, have been duly can- 
celled and discharged ; or, that the mortgage debt secured by 
the underlying mortgages on said railroad between said Sum- 
mer Street, Willimantic and Southbridge, have been reduced 
to less than one million of dollars ; and that a bond of said 
Boston, Hartford and Erie Railroad Company conditioned that 
the franchise and property named and described in said 
mortgage to Robert H. Berdell and others, trustees, and 
lying and being between the foot of said Summer Street and 
the towns of Willimantic and Southbridge, shall be protected 
from all such uncancelled bonds, which said bond shall be 
satisfactory to the governor and council and deposited with 
the treasurer of the Commonwealth ; and that said railroad 



1867.— Chapter 284. 681 

company has properly expended two hundred thousand dol- 
lars in construction of new road and in the purchase of equip- 
ment ; then a portion of said scrip, to the amount of one 
hundred thousand dollars, shall, upon the terms hereinafter 
provided, be delivered to the treasurer of said railroad com- 
pany, on the request of the directors of said railroad com- 
pany. And when it shall appear to the satisfaction of the conditions of 
gove-rnor and council and commissioners provided for in the '|ioo,ooo'ofsame 
sixth section of this act, that an additional expenditure of 
two hundred thousand dollars has been made in construc- 
tion of new road and in the purchase of equipment as afore- 
said, then another portion of said scrip, to the amount of one 
hundred thousand dollars, shall be delivered upon the terms 
expressed in this act, to the treasurer of said railroad com- 
pany ; and so, in like manner, said scrip sliall be issued and issue of whole 
delivered, until the whole amount hereby authorized shall likTmanneT. 
have been issued and delivered. 

Section 3. No scrip shall be delivered to the treasurer of Before issue of 
said railroad company until an agreement shall have been to'^be'fiieo'wTti" 
executed by said company to the Commonwealth in a form fofcompltance 
approved by the attorney-general of the Commonwealth, and ^vu^ii act by com- 
delivered to the treasurer of the Commonwealth and condi- 
tioned that said railroad company shall comply with the pro- 
visions of this act, and shall indemnify and save harmless 
the Commonwealth from all expenses incurred, or loss or 
damage on account of said scrip, and that said railroad com- 
pany shall and will well and truly pay the principal sum of 
said scrip when the same shall become due and payable, and 
interest thereon as tlie same shall fall due ; and shall deliver certain bon.is 
to the treasurer of the Commonwealth before said railroad nvered^rea^surer 
company shall receive the scrip as aforesaid, as security for ^p^?° ''^"® '^^ 
the performance of the conditions of said agreement, one 
hundred and thirty-three thousand three hundred and thirty- 
three dollars and thirty-three and one-third cents, in the 
bonds secured by the said mortgage to Robert H. Berdell, 
and other trustees, to and for every one hundred thousand 
dollars to be received by said treasurer of the Boston, Hart- 
ford and Erie Railroad Company in scrip as herein provided. 

Section 4. When said railroad shall have been opened for Road being open 
use from Boston to the Erie Railway, fifty thousand dollars [nco^me' towr 
annually shall be set apart from the net income of said road, apart as sinking 
and paid to the commissioners hereinafter named in the fifth 
section of this act, as a sinking fund, to be managed, invested 
and appropriated as is, or shall be provided by law : pro- Proyiso: treasur- 
vided, that whenever in the opinion of the treasurer of the compYn^whe^n 
Commonwealth for the time being, a sufficient sum shall ^gg^g™^''''®"' 

29 



682 



1867.— Chapter 284. 



Treasurer and 
auditor of state 
and treasurer of 
company to be 
commissioners 
of fund. 

Shall have care 
and control of 
money, funds, 

etc. 



Shall keep record 
and report to 
legislature. 



Records and pa- 
pers shall be open 
to executive and 
legislature. 

Company shall 
pay commission- 
ers. 



Governor may 
appoint board of 
commissioners to 
inspect work and 
report to execu- 
tive. 



Hay fix pay of 
board by com- 
pany. 



Governor and 
council and com- 
missioners shall 
be satisfied of 
ability of com- 
pany and other 
parties to com- 
plete road. 

It appearing 
after issue of 
scrip that road 
will not be built 



have been set apart to produce, with the accruing interest, 
an amount equal to the scrip issued under this act, when the 
same shall fall due, then said company may be relieved from 
making further additions to said sinking fund. 

Section 5. The treasurer of the Commonwealth, the audi- 
tor of the Commonwealth, and the treasurer of the Boston, 
Hartford and Erie Railroad Company, for the time being, 
shall be commissioners of the sinking fund of the said rail- 
road company. Said commissioners shall have the care and 
management of all the money, funds and securities at any 
time belonging to said sinking fui)d, and shall invest the 
same according to law ; but the money not invested and all 
the securities of said fund shall be in the custody of the treas- 
urer of the Commonwealth. Said commissioners shall keep 
a true record of all their proceedings ; they shall annually, 
in the month of January, make a report to the legislature, 
setting forth their proceedings for the year preceding, the 
amount and condition of said funds, and the income of the 
several parts thereof for the year ; which records and secur- 
ities, and the books of account belonging thereto, shall, at 
all times, be open to the inspection of the governor and coun- 
cil, or of any committee of the legislature ; and said com- 
missioners shall receive for their services, from the Boston, 
Hartford and Erie Railroad Company, the sum of one hun- 
dred dollars each, annually. 

Section 6. The governor, with the advice and consent of 
the council, may appoint three commissioners, one of whom 
shall be a competent civil engineer, to ascertain, from time 
to time, the amount of work performed on the line of the 
railway of the Boston, Hartford and Erie Railroad Com- 
pany between Boston and the Erie Railway, and the expen- 
ditures properly incurred and made for the same ; and to 
advise and inform the governor and council in reference to 
all matters and things they are called upon to ascertain or 
verify, under the terms and provisions of this act. The 
governor and council may fix the proper compensation 
of such commissioners, which shall be paid by said railroad 
company. 

Section 7. No portion of said scrip shall be issued unless 
it shall be made to appear to the satisfaction of the governor 
and council, and commissioners, that said railroad company 
will be able either alone, or with the aid of other parties 
than this Commonwealth, to complete a line of railway from 
Boston to Fishkill ; and if at any time after any portion of 
said scrip shall have been delivered to said treasurer of said 
railroad company, it sliall appear to the governor and coun- 



1867.— Chapter 285. 683 

cil, and commissioners, that a through line between Boston m fij« >^^^|^^^' 
and Fishkill will not be completed within five years from the '^^"*' 
date of the passage of this act, then no further portion of 
said scrip shall be delivered to the treasurer of said com- 
pany : and the Commonwealth shall at all times thereafter- state may ^^ell 

'■''-,■,.■, .1 1 ii -J. J. 11 bonds thun held. 

wards and Without notice, have power and authority to sell 
the bonds held as collateral security for the scrip then issued 
and outstanding. 

Sections. The governor and council, and the commis- Governor ana 

Ti.i 111 i Hi- J.-1J.1 council and com- 

sioners appointed by them shall at all times until tlie pay- missioners may 
ment of the scrip of the Commonwealth, have free access to nyTboouT.'"^"'" 
all the books and accounts of said railroad company for the 
purpose of examination. 

Section 9. This act shall take effect upon its passage. 

Approved May 27, 1867. 

An Act in relation to the schooling and hours of labor Chap. 285 

OF CHILDREN EMPLOYED IN MANUFACTURING AND MECHANICAL 

ESTABLISHMENTS. 

Be it enacted, §'c., as folloics : 

Section 1. No child under the age of ten years shall be chiid under tea 
employed in any manufacturing or mechanical establishment bremptoyed." 
within this Commonwealth, and no child between the age of Nor under fifteen 
ten and fifteen years shall be so employed, unless he has three months la 
attended some public or private day school under teachers y«ar preceding, 
approved by the school committee of the place in which such 
school is kept, at least three, months during the year next 
preceding such employment: /jroyjc/ec/, said child shall have Provisos, 
lived within the Commonwealth during the preceding six 
months; nor shall such employment continue vinless such suau so attend 
child shall attend school at least three months in each and 
every year : and vrovidecL i\\^t tuition of three hours per P^y school, time 
day 111 a public or private day school approved by the school strued. 
committee of the place in which such school is kept, during 
a term of six months, shall be deemed the equivalent of 
three months' attendance at a school kept in accordance with 
the customary hours of tuition ; and no time less than sixty sixty days to be 

■^ n 1 1 T 1 11 1 , 1 j^i ii accounted three 

days of actual schooling shall be accounted as three months, months. 
and no time less than one hundred and twenty half days of 
actual schooling shall be deemed an equivalent of three 
months. 

Section 2. No child under the age of fifteen years shall [;gii'^„of,o'^tk 
be employed in any manufacturing or mechanical establish- over sixty hours 
ment more than sixty hours in one week, ^^'^'^ ' 

Section 3. Any owner, agent, superintendent or overseer Penalty if owner 
of any manufacturing or mechanical establishment, who pany, or parent 
shall knowingly employ or permit to be employed, any child latrrestricuont. 



684 1867.— Chapter 286. 

in violation of the preceding sections, and any parent or 

guardian who allows or consents to such employment, shall, 

for such offence forfeit the sum of fifty dollars. 

state to cause en- SECTION 4. It shall bc thc duty of the constable of the 

forcementoVact. Commonwcalth to specially detail one of his deputies, to see 

that the provisions of this act, and all other laws regulating 

the employment of children or minors in manufacturing or 

mechanical establishments, are complied with, and to prose- 

shaii report ac- cutc offcnccs agaiust thc samc ; and he shall report annually 

to the governor all proceedings under this act ; and nothing 

in this section shall be so construed as to prohibit any person 

from prosecuting such offences. 

Act of 1866, ch. Section 5. Chapter two hundred and seventy-three of 

-< ,repeae . ^^^^ ^^^^ ^^ ^^^^ ^^^^ eighteen hundred and sixty-six is hereby 

repealed : provided, this act shall not affect any proceedings 
now pending. 

Section 6. This act shall take effect sixty days from its 
passage. Approved May 29, 1867- 

Chci}). 28Q -^^ '^'^^ REGULATING THE SALE OF COAL AND PETROLEUM OILS. 

Be it enacted, Sfc, as follows: 

of manuflctTre^ Section 1. Thc mayor and aldermen of any city, or the 

or sale shall ap- sclectmeu of any towu, wlicrc oils are manufactured from 

and fiL^pay!'""^^ coal or pctrolcum, and the mayor and aldermen of any city 

and the selectmen of any town where oils are sold but not 

made, and where five or more inhabitants petition for the 

same, shall appoint annually oiie or more suitable persons, 

not interested in the sale or manufacture of said oils, as 

inspectors thereof, and fix their compensation, to be paid by 

the parties requiring the services of said inspectors. 

leTworn" Ind^ Section 2. Evcry inspector, before entering upon the 

when called act dutics of his offico, shall bc duly sworn, and when called 

promptly ■with i n , r- i i i 

fire-test. upou by any manufacturer, refiner, vendor, purchaser or by 

any officer mentioned in the sixth section of this act, to test 
such oils, shall do so with all reasonable despatch, by apply- 
ing the fire-test, as indicated and determined by G. Taglia- 
bue's pyrometer, or some other instrument equally accurate. 
Penalty for deceit Any iuspcctor guilty of fraud, deceit or culpable negligence 
rnegigence. .^^ inspecting sucli oils, shall be punished by fine not exceed- 
ing one hundred dollars, or imprisonment in the county jail 
or house of correction not exceeding one month, or both, in 
the discretion of the court. 
sIseTnap'hthr Section 3. No pcrsou shall mix for sale, naphtha and 
and oils, to ignite illuminating oils, or shall sell or offer for sale such mixture, 
6X0671 for re- ^'^ ' Or sliall Sell or offer for sale, except for purposes of re-manu- 
making. facturc, illuminating oils made from coal or petroleum, 



1867.— Chapter 287. 685 

which will ignite at a temperature of less than one hundred 
and ten degrees Fahrenheit, to be ascertained by the appli- 
cation of Tagiiabue's or some other approved instrument ; 
and any person so doing, shall be held to be guilty of a 
misdemeanor, and shall for each offence, upon conviction 
thereof, be liable to the same penalties provided in the second 
section of this act against inspectors ; and shall also be Liability for 
liable therefor to any person suffering damage from the ca3 ^° 
explosion or ignition of such oil thus unlawfully sold, and 
such oil thus unlawfully sold, or kept or offered for sale, and 
the casks or packages containing the same, shall be forfeited 
and sold for the purposes of re-manufacture ; one-half of the 
proceeds of such sale to go to the Commonwealth and the 
other half to the informer. 

Section 4. For all the purposes of this act, all illuminat- oiis deemed 
ing oils made from coal or petroleum, having an igniting naphthTdefined. 
point of less than one hundred and ten degrees Fahrenheit, 
to be determined in the manner provided in the third section 
of this act, shall be deemed to be mixed with naphtha. 

Section 5. Any person who shall sell, or keep or offer for Penalty if person 
sale naphtha under the name of oil, shall, for each offence, under name *of 
upon conviction thereof, be liable to the same penalties pro- °'^- 
vided, and shall be subject to the same liabilities set forth, in 
the second and third sections of this act. 

Section 6. The selectmen of the towns and the mayors, Prosecution for 
aldermen and police of the cities in which inspectors are let fanf officer 
appointed in conformity with the first section of this act, J^^y cause. 
or any one of said officers, within their respective towns and 
cities, and the members of the state police, or any of them, 
shall cause all persons violating any of the provisions of this 
act to be prosecuted therefor. 

Section 7. Chapter two hundred and sixty-two of the Act of isee, ch. 
acts of the year eighteen hundred and sixty-six is hereby 2^^' "P^^^ied. 
repealed. 

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

Apjn-oved May 29, 18G7. 

An Act to incorporate the Gloucester and lanes ville rail- (Jfidp^ 287 

ROAD company. ■* ' 

Be it enacted, §•<?., as follows : 

Section 1. Cyrus Story, Jotham Taylor, George Barker, corporators. 
their associates and successors, are hereby made a corpora- 
tion by the name of the Gloucester and Lanesville Railroad 
Company ; with all the powers and privileges and subject to privileges and re- 
all the duties, liabilities and restrictions set forth in all gen- ^tnctions. 
eral laws which now are or hereafter may be in force relat- 
ing to such corporations. 



686 



1867.— Chapter 287. 



May locate and 
operate road in 
Gloucester. 



Shall build draw- 
bridges under 
county commis- 
sioners. 



Jlav use Glou- 
cester Branch or 
Rockport roads. 



May sell fran- 
chise or lease 
property to Etist- 
ero Company, or 
contract with for 
use of rolling 
stock. 



Eastern company 
may add to capi- 
tal, on purchase. 



Capital stock 
and shares. 



Eastern company 
ni.ay hold $75,- 
000 of said stock. 

Proviso: two- 
thirds stockhold- 
ers to vote same. 



Town of Glou- 
cester may hold 
S50,000ofsaid 
stock. 

Proviso : two- 
thirds voters to 
authorise. 



May raise money 
by loan or tax to 
pay for same ; 
may hold as other 
property. 



Section 2. Said company may locate, construct, maintain 
and operate a railroad with one or more tracks from some 
convenient point upon the Gloucester Branch Railroad or the 
Rockport Railroad in the town of Gloucester to some con- 
venient point in the village of Lanesville in the said town of 
Gloucester. 

Section 3. Drawbridges shall be established at such 
points as may be deemed necessary by the county commis- 
sioners of Essex county, and their location and manner of 
construction shall be determined by the said commissioners. 

Section 4. Said corporation may enter with its road upon 
the Gloucester Branch Railroad or the Rockport Railroad, 
and use the same according to law. 

Section 5. Said corporation is hereby authorized to sell 
and transfer its franchise, and all its rights and property 
under this act, or to lease its road or other property, either 
for a limited time or perpetually, to the Eastern Railroad 
Company, or to contract with the Eitstern Railroad Company 
for the use of its rolling stock on such terms as may be mutu- 
ally agreed upon. And in case of such sale the Eastern 
Railroad Company shall and hereby is authorized to increase 
its capital stock by a sum not exceeding two hundred thou- 
sand dollars. 

Section 6. The capital stock of said corporation shall not 
exceed two thousand shares of one hundred dollars each, the 
number of which shall be determined from time to time by 
a majority of the stockholders, each share counting one vote ; 
and said corporation may purchase and hold such real estate 
and personal property as may be necessary for the purposes 
of this act. 

Section 7. The Eastern Railroad Company may subscribe 
and hold a portion of the capital stock in said corporation 
not exceeding seventy-five thousand dollars : provided^ that 
two-thirds of the stockholders of the Eastern Railroad Com- 
pany present and voting at a legal meeting called for that 
purpose shall vote so to do. 

Section 8. The town of Gloucester is hereby authorized 
to subscribe for and hold shares in the capital stock of said 
corporation to an amount not exceeding fifty thousand dol- 
lars : provided^ that two-thirds of the legal voters of said town 
present and voting by ballot at a legal meeting called for 
that special purpose, vote to subscribe for such shares in 
accordance with the terms of this act. Said town may pay 
for such shares so voted to be taken out of its treasury, and 
is hereby authorized to raise by loan or tax any and all sums 



1867.— Chapter 288. 687 

of money which may be necessary to pay for the same, and 
may hold or dispose of the same like other town property. 

Section 9. This act shall take effect upon its passage, and Act when in force 
shall be void unless said road is located within two years, void^ en o e 
and constructed within four years, from the passage of this 
act. Approved May 29, 1867. 

An Act ceding to the united states jurisdiction over cer- QJidp^ 288 

TAIN LANDS IN FALMOUTH. ' ' 

Be it enacted, Sfc, «s folloius : 

Section 1. Jurisdiction is hereby granted and ceded to Land, wharves 
the United States over a certain parcel of land, shore and w^od"''Hoif ^^ 
wharves, with the buildings thereon, lying in the town of '^^'^^'^■ 
Falmouth, at a place called Wood's Hole, and bounded as 
follows : Beginning at the outer north-east angle of the 
steam-boat wharf ; thence running north, forty-two degrees . 
west, one lumdred and forty feet, to a public road ; thence 
running north, one degree east, two hundred and twenty- 
nine feet three inches, to a point in land now or late of one 
Elihu Fish, of said Falmouth, between high-water and low- 
water mark ; thence running due east into Little Wood's 
Hole Harbor ; thence southerly and other courses, by the 
exterior lines of the wharves, to the point of beginning. 
Said premises being needed for the use of the light-house 
establishment of the United States. 

Section 2. The United States government is hereby u. s. mayoccu- 
authorized to occupy and fill such flats belonging to the harborrommisV 
Commonwealth, and to place in or over tide-water such sionerstoap- 

" ■•- , proye. 

structures as may be necessary for the purposes for which 
the land before described is to l3e used, and upon such terms 
and conditions as shall be prescribed by the harbor commis- 
sioners. 

Section 3. This act shall be void unless a suitable plan shaiieiepian 
of the premises, or such portion or portions thereof as may commonweauh 
be purchased by the United States, be deposited in the office ^oid!'''^' ""^ """^ 
of the secretary of this Commonwealth within one year from 
the passage of this act. 

Section 4. The Commonwealth shall retain concurrent state retains 
jurisdiction w^ith the United States in and over the premises dSnforlirv'icJ 
aforesaid, so far, as that all civil and criminal processes of profess, 
issuing under the authority of this Commonwealth may be 
executed on said premises and in any buildings erected or 
to be erected thereon, in the same way and manner as if 
jurisdiction had not been granted as aforesaid ; and exclu- Exclusive juris- 
sive jurisdiction shall revert to and revest in the Common- reverT' '^''™ ^° 



688 1867.— Chapters 289, 290. 

wealth of Massachusetts, whenever the said premises shall 
cease to be used for the purposes herein before declared. 
Section 5. This act shall take effect upon its passage. 

Approved May 31, 1867. 



r»7.^^i OQQ -^N Act to kegulate fishing in merrimack river, and for 

K^tiap. ^oy ^^^^^ PURPOSES. 

Be it enacted, §'c., as follows : 

Penalty for using SECTION 1. No pcrsou shall fisli witli a sciuc in Merri- 

iMSTi?'"' ^^"^ mack Eiver, nor in any manner take or catch shad, salmon 

or alewives in said river, until the fifteenth day of April in 

the year eighteen hundred and seventy-one, under penalty 

of the forfeiture of the seine and of five dollars for each 

shad or alewife and fifty dollars for every salmon taken : 

Proviso. provided, that the fish commissioners shall be allowed from 

time to time to take such fish as may be required to re-stock 

the Merrimack or any other river. 

Penalty for trea- SECTION 2. No pcrsou sliall fisli withlu four hundred 

pas^supon s - jrj^-^^^ ^f j^j^y fig^.-^ray Qn Mcrrlmack River, nor trespass 

within the limits of the same, under a penalty of fifty dollars. 

Commissioners SECTION 3. The fisli commissioncrs are hereby empow- 

ti'o^u of wayrover ercd to causc any tributaries of the Merrimack River to be 

opened to the passage of shad, salmon and alewives, by 

directing the proprietors of dams in such tributaries to build 

suitable fish-ways over their dams. 

Towns on river SECTION 4. The uiayor and aldermen of any city and the 

wardens"* ^^'^" sclectmeu of any town bordering on the Merrimack River 

shall appoint one or more suitable fish-wardens and fix their 

compensation, to see to the execution of the provisions of 

the first and second sections of this act. 

Approved May 31, 1867. 



dams. 



Chap. 290 



Ax Act to incorporate the boston market house company. 
Be it enacted, ^c, as follows: 

Corporators. SECTION 1. Thomas L. Sturtcvaut, Thomas Howe, Sam- 

uel Hall, junior, their associates and successors, are hereby 
made a corporation under the name of the Boston Market 
House Company, for the purpose of erecting and maintain- 
ing in the city of Boston a market house for the storage and 

Privileges and re- salc of provisious or otlicr articlcs used as food ; with all the 
powers and privileges, and subject to all the duties, liabili- 
ties and restrictions set forth in all general laws, which now 
are or hereafter may be in force, relative to corporations ; 
but nothing in this act contained shall be taken to authorize 
said corporation to engage in the business of buying, selling 
or dealing in produce or provisions. 



strictions. 



1867.— Chapters 291, 292. 689 

Section 2. Said corporation may acquire and hold real May hoid real 
estate iii the city of Boston, for the purpose aforesaid, and *^^*^' 
may have a capital stock not exceeding one million of dollars, capital stock and 
divided into shares of one hundred dollars each : provided, 
that said corporation shall not incur any liability until the Proviso. 
sum of fifty thousand dollars has been paid in, in cash. 

Section 3. This act shall take effect upon its passage, and Market house to 
shall be void unless said market house shall be built within year"' 
three years thereafter. Approved May 31, 1867. 

An Act to incorporate the boston white flint marble Chnp. 291 

COMPANY. ^ * 

Beit enacted, S^'c, as folloics : 

Section 1. Benjamin Hardinge, Eben Sears, A. L. Fleury, corporators, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Boston White Flint Marble Company, 
for the purpose of dissolving quartz, and manufacturing Purpose, 
articles of use and ornament from the same, and also for the 
use and sale of the liquid quartz ; with all the powers and Privileges and re- 
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 relating to such corporations. 

Section 2. Said corporation shall have its principal office corporate office, 
in the city of Boston, and the capital stock shall not exceed shads'. ''"''' *°* 
one hundred thousand dollars, divided into shares of one 
hundred dollars each, and may take and hold real estate Estate. 
necessary and convenient for its purposes to the amount of 
fiifty thousand dollars : provided, hotvever, that said corpora- Proviso, 
tion shall not go into operation or incur any liability until 
the sum of fifty thousand dollars has been paid in, in cash. 

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

Ajyproved May 31, 1867. 
An Act to incorporate the haskins gold pen manufacturing nhn^^ 292 

COMPANY. ^ * 

Be it enacted, S^'c, asfoUoics : 

Section 1. Joseph A. Haskins, Ira C. Haskins, Henry A. corporators. 
Marsh, their associates and successors, are hereby made a 
corporation by the name of the Haskins Gold Pen Manufac- 
turing Company, for the purpose of manufacturing pencils 
and gold pens in the towns of Shutesbury and Amherst; and Location. 
for this purpose shall have all the powers and privileges, and Privileges and re- 
be subject to all tlie duties, liabilities and restrictions, set ^ "'^ '°°^' 
forth in all general laws which now are or hereafter may be 
in force, relating to manufacturing corporations. 

Section 2. Said corporation may hold for the purpose Reai estate. 
aforesaid, real estate to the amount of twenty-five thousand 

30 



690 1867.— Chapters 293, 294, 295. 

Capital stock- and dollai's ; aiid the whole capital stock of said corporation 

* ^'^^^' shall not exceed one hundred thousand dollars, divided into 

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

that said corporation shall not go into operation, or assume 

any liability, until twenty thousand dollars of its capital 

stock has been paid in, in cash. 

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

Approved May 31, 1867. 

Chap. 293 -^^ -^^'^ ^^ additiox to an act to incorporate the general 

THEOLOGICAL LIBRARY. 

Be it enacted, ^'c, as follows : 

fp^pM.^"""*"^' _ Section 1. All the funds of the General Theological 
Library, except when otherwise expressly ordered by the 
donor, shall be applied exclusively to the establishment and 
maintenance in the city of Boston, of a general theological 
library of all works pertaining to theology and religious 
knowledge, and of a reading room for the periodical publi- 
cations of all religious denominations. 
uJaSorcorpo- SECTION 2. Tlicrc shall be nothing sectarian in the by- 
ration siiaii be laws or management of said corporation ; but in the election 
of officers, the purchase of books and periodical works, the 
use of the library and reading room, and all other matters, 
the rights and interests of the various religious denominations 
shall be respected and fairly represented. 

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

Approved Mai/ 31, 1867. 

Chap. 294: -^^ ■^'^^ '^'^ authorize the BROADWAY RAILROAD COMPANY TO 
. INCREASE ITS CAPITAL STOCK. 

Be it enacted, &•€., as follows : 
May add $100,- Thc Broadway Railroad Company is hereby authorized to 

000 to capital. . . •■\^^-,-,^^ " i 

nicrease its capital stock by adding thereto a sum not exceed- 
ing one hundred thousand dollars. Approved May 'A\,imi. 

Chap. 295 ^^ ^^^ fixing the salaries of the CLERKS AND ASSISTANT-CLERKS 

OF COURTS IN CERTAIN COUNTIES. 

Be it enacted, ^-c, as follotvs : 

saiar/ouTof "" Section 1. Each clerk of the courts in the several couij- 

fees, and one-iiaif ties named herein shall retain out of the fees received for 

pay restVcoun- their ofificial acts and services, and to be accounted for as 

ty treasurer. j-^q^ providcd by kw, thc suiii hereinafter provided for his 

annual salary, and also one-half of any excess of that sum, 

for his own use, and pay the residue to the treasurer for the 

use of the county, and at that rate for any part of a year. 

shirt Bristol'"" ^ECTiON 2. Thc sums which the clerks in the several 

Dukes, Haiiip- counties named herein, may retain for their annual salaries, 

en, I esex, ^^^^^i \^q ^s follows, to wit : The clcrk in the county of Berk- 



1867.— Chapter 295. 691 

shire, two thousand dollars ; Bristol, two thousand dollars ; Nantucket, Nor- 
Dukes county, the whole amount of fees received, and from and'supenor 
the county treasury the sum of three hundred dollars ; ^°"'' ''' ^''^°^^- 
Hampden, two thousand dollars ; Middlesex, twenty-five hun- 
dred dollars ; Nantucket, six hundred dollars ; Norfolk, two 
thousand dollars ; Worcester, twenty-five hundred dollars ; 
Suffolk, the clerk of the superior court for civil business, 
thirty-five hundred dollars, and of the superior court for 
criminal business, three thousand dollars. 

Section 3. If the fees received by any of the several clerks Fees being less 
of the several counties in this Commonwealth do not amount cie^rk to be'paid 
to the salary now established by law or herein provided, then ijy treasurer. 
such clerks shall be charged with all the fees whether the 
same be collected or not, and receive from the county treas- 
urer the difference between the amount of his fees and the 
salary established by law. 

Section 4. There shall be appointed, in the manner now Assistant-oierks 

• iTii i?/i .. J. c •j.j.11 and salaries of in 

provided by law lor the appomtment oi assistant-clerks, an Essex and Nor- 
assistant-clerk for the county of Essex, with an annual sal- ^°^^- 
ary of fifteen hundred dollars, an assistant-clerk for the 
county of Norfolk, with an annual salary of one thousand 
dollars, which salaries shall be payable quarterly from the 
treasury of the said counties respectively. Such assistant- Tenure, 
clerks shall hold their respective offices for the term of three 
years, subject to removal by the court, and shall perform all Duties. 
the duties required of that office by the provisions of chapter 
one hundred and twenty-one of the General Statutes in coun- 
ties where assistant-clerks are now appointed, and shall be Qualifications, 
subject to the same requirements and qualifications as are 
now provided by law in the chapter aforesaid. 

Section 5. The several assistant-clerks of the counties Middlesex, suf- 
hereinafter named shall receive annual salaries payable quar- ter. ^^ 
terly from the treasury of each county respectively, as fol- 
lows : in the county of Middlesex, eighteen hundred dollars ; 
in the county of Suffolk, supreme judicial court two thou- 
sand dollars ; superior court for civil business two thousand 
dollars, and in the county of Worcester, eighteen hundred 
dollars. 

Section 6. The salaries provided in this act shall be paid Payment to be 
from the first day of January in the year eighteen hundred im. *°"*'"^' 
and sixty-seven. 

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

Approved 31a y 31, 1867. 



692 



1867.— Chapter 296. 



Chap. 296 



County commis- 
sioners may lay 
out for highways. 



Proviso : Law- 
rence Bridge. 



Damages to pro- 
prietors, how 
paid. 



Commissioners 
may pay propor- 
tion for laying 
out. 



Shall apportion 
to towns and 
county expense 
for maintaining 
bridges and rais- 
ing draws. 



Shall determine 
passage of street 
railways oyer. 



Ax Act concerning toll bridges in essex county. 

Be it enacted, ^'c, as follows : 

Section 1. The county commissioners of the county of 
Essex are hereby authorized and empowered to lay out as 
and for highways the several bridges across Merrimack River, 
known as Andover Bridge and Lawrence Bridge, in the city 
of Lawrence ; Haverhill Bridge, between the towns of 
Haverhill and Bradford ; Rock's Bridge, between the towns 
of West Newbury and Haverhill ; Essex Merrimack Bridge, 
between tlie towns of Amesbury and Newburyport ; New- 
buryport Bridge, between the town of Salisbury and the city 
of Newburyport ; Essex Bridge, between the city of Salem 
and the town of Beverly, or any of them, as highways, in 
the manner now provided by law for laying out highways : 
proirided, Jtoivever, that said county commissioners shall not 
lay out said Lawrence Bridge as a highway, without first 
purchasing, or offering to purchase, said Andover Bridge, 
according to the provisions of chapter two hundred and 
sixty-five of the acts of the year eighteen hundred and fifty- 
four. 

Section 2. All damages which shall be sustained by the 
proprietors of any of said bridges by such laying out, shall 
be awarded and paid in the same manner as is now provided 
by law for the assessment and payment of damages occasioned 
by the laying out of highways. 

Section 3. Said county commissioners may, out of the 
moneys of said county, pay such proportion of the expense 
of said laying out said several bridges, or any of them, as 
in their judgment may be just and equitable. 

Section 4. Upon the laying out of any of said bridges 
as highways as aforesaid, the said county commissioners 
shall determine and fix the relative proportions of expense 
for maintaining, keeping in repair and supporting any of 
said bridges, and for raising the draws in said bridges, if 
any, to be borne by said county, and any of the cities and 
towns lying near to, or contiguous to said bridges, or any of 
tliem, as, in their judgment, may be just and equitable, 
which said proportion of expense so determined upon by 
said county commissioners, shall become obligatory upon 
said county and upon said cities and towns as aforesaid, to 
pay in the manner and at the times prescribed by said county 
commissioners. 

Section 5. Said county commissioners shall at all times 
hereafter determine upon what terms and under what con- 
ditions horse railroads may pass on, over and across any of 
said bridges. 



1867.— Chapter 297. 693 

Section 6. The several cities and towns in said county, cities and towns 
or any of them, may contribute to said county towards the dnu^ages as m^a^J 
payment of damages that may be awarded to the proprietors i^« agreed. 
of said bridges, such proportion of said damages or such 
sums as they may see lit, and may make agreements with 
the said county commissioners as to the amount or propor- 
tion, and as to the manner of payment thereof; and they 
may make such agreements either before or after such 
damages are awarded. 

Section 7. Upon evidence satisfactory to the governor commonwealth 
and council that any one of said bridges now or hereafter )a7d outfgover- 
belonging to the Commonwealth has been laid out as a high- j'?.°^ *° proclaim 
"way according to the provisions of this act, the governor 
shall by his proclamation declare such bridge free; and venture of prop- 
thereupon all the property of the Commonwealth in such 
bridge and in the appurtenances thereto, shall vest in said 
county and in said cities and towns contributing to the pay- 
ment of damages in the laying out of such bridge as a high- 
way ; and all funds in the treasury of the Commonwealth Funds of in state 
on account of such bridge, shall be paid over to said county pa^idfcommisslon- 
commissioners, and by them divided between said county "nVtowns"'^ 
and said cities and towns in proportion as said county and' 
said cities and towns have paid and contributed towards the 
expense of laying out such bridge as a highway as aforesaid. 

Approved May 31, 1867. 
An Act concerning the Connecticut river and the Vermont p/,/yjj 297 

AND MASSACHUSETTS RAILROAD COMPANIES. -T' 

Be it enacted, i5'c., as follows : 

Section 1. The Connecticut River Railroad Company May agree for 
and the Vermont and Massachusetts Railroad Company are "f part*ofT^ 
hereby authorized, by a vote of a majority in interest of the Vermont?'"^ *° 
stockholders of said corporations, respectively, present and 
voting at meetings duly called for that purpose, at any time 
within four months from the passage of this act, to contract 
and agree, each with the other, for a permanent lease of, or 
a permanent right of way in common over that part of the 
Vermont and Massachusetts Railroad lying within the state 
of Vermont. 

Section 2. The Connecticut River Railroad Company is c.r. co. may 
hereby authorized to subscribe to the stock, or guarantee guarantee bonds 
the bonds, to an amount not exceeding two hundred thou- tereTirSten" 
sand dollars, of any railroad company which has been, or i^ne^through vt, 
may hereafter be, chartered for the purpose of extending 
the Connecticut River line through the states of Vermont 
and New Hampshire : provided, that three-quarters in Proyisos. 



694 1867.— Chapters 298, 299. 

interest of the stockholders of said Connecticut River Rail- 
road Company, present and voting at meetings duly called 
for that purpose shall elect so to do ; and provided, further, 
that in case the Connecticut River Railroad Company and 
the Vermont and Massachusetts Railroad Company agree 
concerning a permanent lease of, or a permanent right of 
way on, that part of the Vermont and Massachusetts Rail- 
road lying in the state of Vermont, no part of the avails or 
proceeds of such subscription or guarantee shall be expended 
in the construction or equipment of any part of any railroad 
in the states of Vermont or New Hampshire south of the 
town of Brattleborough in the state of Vermont. 
c.R.co.mayin- SECTION 3. The Conuccticut Rivor Railroad Company is 

crease capital . , . . • i i i •' 

stock. hereby authorized to increase its capital stock to an amount 

not exceeding three hundred thousand dollars, to be divided 
into shares of one hundred dollars each. 

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

Approved May 31, 1867. 

Chan 298 ^^ ^^^ relating to the leasing op railroads, and contracts 
■' " ^ concerning the operating of the same. 

Be it enacted, ^c, as foUotcs: 

G. s. 63U15, * Section 1. Nothhig contained hi the one hundred and 
without special fifteeiitli scctioii of tlie sixty-third chapter of the General 
^"^" Statutes shall be construed to authorize any railroad corpo- 

ration to contract with any person or persons, or other 
corporations, for the operation and management of its road, 
or to contract to assume the management and operation of 
any other railroad, or to lease its own road, or take a lease 
of any other railroad without special authority so to do from 
ProTiso. the legislature : provided, that any gucli contract which has 

expired within three months, or shall expire within six 
months from the passage of this act, may be renewed for a 
term not exceeding one year. 

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

Approved May 31, 1867. 

ChiW 299 "^^ ^^^ ^^ relation to the collection of taxes upon cok- 

* ' PORATIONS. 

Be it enacted, §'c., as follows : 

Corporations, SECTION 1. Whcii it is made to appear to the satisfaction 

in?, and waiting of tlic tax commissioiicr that any corporation assessed under 
ductio n'rfcapi'-*" scctiou ciglit of chaptcr two hundred and eighty-three of the 
fimd^'or assets to ^^^^ ^^ ^^^® ^^^^^ eighteen hundred and sixty-five is doing no 
pay state tax, busiiicss aiid lias takcii actual measures in good faitli to pro- 
on paying ten curc a Icgal dissolutioii of the corporation, or reduction of 
percent. '^g capj^^i stock. upoii a swom statement by tlie treasurer or 



■ 1867.— Chapters 300, 301. ' 695 

other officer of said corporation setting forth the facts and 
that tliere is no money in the treasury of said corporation, 
and if it is made to appear to the satisfaction of said com- 
missioner tliat there is not sufficient property and assets 
belonging to any corporation so assessed to satisfy the claim 
of the Commonwealth for taxes assessed as aforesaid with 
the costs of collection, said commissioner may in his discre- 
tion accept for the Commonwealth a sum in satisfaction and 
composition of all such assessments due and the interest 
thereon not less than ten per cent, of the amount of said 
assessments due from said corporation ; and upon said com- Tax commission- 
missioner certifying to the treasurer of the Commonwealth "ersm-erj^ana ^ 
the facts of said composition and the amount to be paid guS^s'iraVbl^re? 
thereunder and upon payment thereof by said corporation, "e^ed. 
its officers and stockholders shall be absolved and freed from 
any and all liability to the Commonwealth for the amount of 
the assessments included in such composition. 

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

Approved ]\lay 31, 1867. 

Ax Act making an appropriation in relation to the state Hhn^^ SOO 

Be it enacted, §'c., as folloivs : 

Section 1. There is hereby appropriated to be paid out under Kes. i867, 
of the treasury of the Commonwealth, from the ordinary provements™"d 
revenue, under the provisions of chapter eight of the resolves ''''?'''"• 
of the present year, a sum not exceeding fifty thousand dol- 
lars, for the extension, improvement and repair of buildings 
at the state prison. 

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

Approved May 31, 1867. 

An Act relating to conditional pardons. Chan 301 

Be it enacted, §'c., as folloios : 

Section 1. When a convict sentenced to confinement in if violated, war- 
the state prison, or any jail or house of correction, is par- fri"sTan'd dTtai'n 
doned, or his punishment remitted by the governor with the convict. 
advice of the council, on conditions to be by the convict 
observed and performed, and it comes to the knowledge of 
the w^arden of the state prison, or keeper of the jail or house 
of correction, where the convict was confined, that he is 
abroad in violation of the conditions of his pardon or remis- 
sion of punishment, such warden or keeper shall forthwith 
cause him to be arrested and detained, until the case can be 
examined by the governor and council ; and the officer so shaii notify gov- 
arresting him, shall forthwith give notice in writing to the cir"'""^"'""' 



Chap. 



696 ' 1867.— Chapter 302. 

governor and council that such convict is arrested and 
detained. 
Executive shall SECTION 2. Tlic govcmor and council shall, upon receiv- 

hear case and • i j.* • j.i r i • j^ '\ • e • i. 

may remand eon- Ulg SUCh UOtlCC, CXamniC tllC CaSC 01 SUCll COUVlCt, and II it 

lentenee"^'"^ °^ shall appear by his own admission or by evidence that the 

convict has violated the conditions of his pardon or remission 

of punishment, the governor with the advice of the council 

shall order the convict to be remanded and confined for the 

Period of confine- unexpired term of his sentence. In computing the period 

puted. ^^^ *"""" of his confinement, the time between the conditional pardon 

and subsequent arrest, shall be taken to be part of the term 

Discharge of con- of scuteiice. If it appears to tlie governor and council, that 

^'*^'' the convict has not broken the conditions of his conditional 

pardon or remission he shall be discharged. 
G. s._i77, H 13, Section 3. Sections thirteen, fourteen, fifteen and sixteen 
pealed. '^' of cliaptcr ouc liuudrcd and seventy-seven of the General 
Statutes are hereby repealed. 

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

*> Approved May 31, 1867. 

J 3Q9 An Act to amend section thirty-four of chapter ninety of 

^ THE GENERAL STATUTES IN RELATION TO THE ACQUIRING OF EASE- 
MENTS. 

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

Owner appre- SECTION 1. Scctiou thlrty-four of chapter ninety of the 

meutofwayover Gcucral Statutcs, Is licrcby so amended, that when any per- 
iTwnerfmaygive SOU shall apprclicnd that a right or privilege of way or other 
notice to prevent, eascment, by custom, use or otherwise, may be acquired by 
any person or class of persons, in or over the land of such 
person, such person may give public notice of his intention 
to dispute the right of way or other easement in or over the 
land and to prevent any person from acquiring such right or 
Posting notice casement therein, by causing to be posted in some conspicu- 
bTr right by *use. ^^^ placc upoii tlic premiscs a copy of such notice, and such 
notice so posted for six successive days, shall be deemed to 
be an interruption of such right and shall prevent the acquir- 
ing of any right or easement by use for any length of time 
Shall be recorded thereafter. TllC Original notice with a certificate by some 
deed'l.'*"^^ °^ officer qualified to serve civil process, of the fact that such 
copy has been posted by him on six successive days, upon the 
place specified therein, shall, within three months thereafter, 
be recorded in the registry of deeds in the county or district 
where the land lies, and shall be conclusive evidence of the 
posting of such notice, as herein provided. 

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

Approved June 1, 1867. 



4^ 



1867.— Chapter 303. 697 

Ax Act to trovide for inquests in cases o^ fire. Chap. 303 

Be it enacted, ^r., as follows : 

Section 1. When property is destroyed by fire, and a upon complaint 
complaint, within thirty days thereafter, is snbscribed and andcMtificatrof 
sworn lo by any person before any police court, or any ^eror'^seiect'^"' 
municipal court, or any trial iustice, alleR-incr that reasonable men, justice shaii 
grounds exist for believnig that the tire was caused by 
design, and a majority of the mayor and aldermen or select- 
men of the city or town respectively in which said property 
is situated certify in writing, that in their opinion the same 
is a proper case for investigation, such court or justice shall 
forthwith issue a warrant to a constable of the place where 
the property was destroyed requiring him forthwith to sum- 
mon six good and lawful men of the county to appear before 
the court, or justice, at a time and place expressed in the 
warrant, to inquire when and by what means the fire 
originated ; which warrant shall be served and returned in warrant, how 
the manner prescribed in section three of chapter one ^*"^'^' 
hundred and seventy-five of the General Statutes ; and the 
constables and jurors shall be subject to the penalties therein 
specified for similar neglects. If any person so summoned 
does not appear, the constable shall by order of the justice 
or court, return some person from the, by-standers to complete 
the number. 

Section 2. The justice or court shall in view of the spot oatu of jurors. 
on which the property was destroyed administer to the 
persons thus summoned or returned the following oath : 
" You solemnly swear^ that you will diligently inquire and 
true presentment make, on behalf of this Commonwealth, 
when and by what means the fire which has here occurred 
was caused, and that you will return a true inquest accord- 
ing to your knowledge and such evidence as shall be laid 
before you. So help you, God." 

Section 3. The justice or court may issue subpoenas for witnesses, sub- 
witnesses returnable forthwith at a time and place therein attenda^nce^o^ 
set forth. Their attendance may be enforced in like manner 
as if they had been subpcenacd in behalf of the Common- 
wealth. 

Section 4. An oath to the following effect shall be oath of witnesses. 
administered to such witnesses : " You solemnly swear, that 
the evidence which you shall give to the inquest, concern- 
ing the origin of the fire of which inquiry is now to be made, 
shall be the truth, the whole truth, and nothing but the 
truth. So help you, God." 

. 31 



698 



1867.— Chapters 304, 305. 



Testimony, how 
taken. 



Inquisition of 
jury, how made 
and filed. 



Fees and es- 
penses. 



Chap. 304 



Troy and Green- 
field Railroad 
and Iloosac Tun- 
nel, scrip for un- 
der ch. 226, 1854, 
may be issued aa 
registered or 
coupon 5-20 
bonds. 



Interest. 



Redemption of 
issue for over fire 
years. 



Chap. 305 

Clerks of legisla- 
ture and ser- 
geant-at-arms. 



Section 5. The testimony shall be reduced to writing by 
the presiding justice, or some person bj his direction, and 
subscribed by the witnesses. 

Section 6. The jury after hearing the testimony and 
making all needful inquiry, shall draw up and deliver to the 
justice or court their inquisition under their hands, in which 
they shall find and certily when and by what means the fire 
was caused ; and said inquisition and testimony thus sub- 
scribed shall within one week thereafter, be filed by the 
magistrate with the clerk of the courts for the county, or in 
the county of Suffolk with the clerk of the municipal court. 

Section 7. The fees of the magistrate and the expenses 
of the inquisition, shall be the same and be returned, audi- 
ted, certified and paid in like manner as is provided for 
coroners' inquests. 

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

Approved June 1, 1867. 

An Act to authorize the treasurer and receiver-general to 

issue currency bonds. 
Be it enacted, Sfc, as follows: 

Section 1. So much of the scrip of the Commonwealth, 
which may hereafter be issued under and by virtue of the 
provisions of chapter two hundred and twenty-six of the acts 
of the year eighteen hundred and fifty-four, and subsequent 
acts, having relation to the Troy and Greenfield Railroad 
and Hoosac Tunnel, as the governor and council shall direct, 
may be issued either as registered or coupon bonds for a 
term not less than five years nor more than twenty years, 
and shall bear interest at a rate not exceeding six per cent, 
per annum, payable semi-annually on the first day of April 
and October in each year, the principal and interest payable 
in the lawful money of the United States : provided, Iioiv- 
ever, that such scrip issued for a longer term than five years 
shall be redeemable at any time after the expiration of five 
years at the option of the Commonwealth. 

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

Approved June 3, 1867. 

An Act concerning the salaries of certain officers. 
Be it enacted, Sfc, as folloios: 

Section 1. The clerks of the senate and of the house 
of representatives and the sergeant-at-arms shall receive an 
annual salary of twenty-five hundred dollars each, payable 
as now provided by law, and from the first day of January 
last. 

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

Approved June 1, 1867. 



1867.— Chapters 306, 307. 699 

An Act to authorize the city of boston to take and hold (7/i^M. 306 

LAND FOR A COURT HOUSE FOR THE COUNTY OF SUFFOLK. "' 

Be it enacted, §'c., an follows : 

Section 1. The board of aldermen of the city of Boston Aidermen, as 
acting as county commissioners for the county of Suffolk, Mo"nerIo7siSoib, 
arc hereby authorized and empowered to take and hold by ""^y "'''®- 
purchase or otherwise, so much land as they may deem 
necessary, for the purpose of erecting thereon a court house 
by the city of Boston, for the use of the county of Suffolk, 
and for a court house yard for the same. 

Section 2. Tlie board of aldermen shall, within sixty shaii eie de«o*ip- 
days from the time when they shall take any parcel or par- ment in registry 
eels of land under this act, file in the office of the register °^ '^*'"^^" 
of deeds for said county, and cause to be recorded, a descrip- 
tion of the land so taken, as certain as is required in a 
common conveyance of land, with a statement of the pur- 
pose for which it is taken ; which description and statement 
shall be signed by the mayor of the city ; and the city of fj^^{,°,^/''of^j?; 
Boston shall be liable to pay all damages, that shall be sus- for damages. 
taincd by any person or persons by reason of the taking of 
such land as aforesaid ; such damages to be ascertained and 
determined in the manner provided for ascertaining and 
determining damages in case of the laying out, altering or 
discontinuing of ways within the city of Boston ; but the Acti866ch.i74, 
provisions of chapter one hundred and seventy-four of the 'i°"°*PP^y- 
acts of the year eighteen hundred and sixty-six, shall not be 
applicable to any proceedings under this act. 

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

Approved June 1, 18G7. 
An Act fixing the times of holding probate courts in the Cfian.^Ol 

COUNTY OF BARNSTABLE. ^ 

Be it enacted, §'e., as follows: 

Section 1, Probate courts shall be held in each year in 
the county of Barnstable, as follows : at Barnstable on the BamstaWe. 
second Tuesdays of January, February, March, August and 
September, and on the third Tuesdays of April, June and 
September ; at Harwich on the second Monday after the Harwich, 
first Tuesday of May and on the second Monday of October ; 
at Wellfleet on the third Tuesday after the second Monday weiifleet. 
of October ; at Proviucetown on Wednesday next after the provincetown. 
third Tuesday of May and on Wednesday next after the 
second Monday of October ; and at Falmouth on the third Falmouth. 
Tuesday in November, instead of the times now provided by 
law. 

Section 2. This act shall take effect on the first day of 
July next. Approved June 1, 1867. 



700 



1867.— Chapter 308. 



Chap.^OS 



City may take 
lands and prop- 
erty. 



Bounds defined. 



Shall file descrip- 
tion and state- 
ment in registry 
of deeds. 



Mayor to sign. 

Title to Test in 
city. 

Damage, how 
may be paid. 



City shall raise 
grade of terri- 
tory. 



Person entitled 
in land taken 
may file bill in 
equity in S. J. 
Court for dam- 
ages against city, 
Water Power Co. 
or other party. 



An Act to enable the city of boston to abate a nuisance 

existing therein, and for the preservation of the public 

health in said city. 
Be it enacted, Sfc, as follows: 

Section 1. The city of Boston may purchase or otherwise 
take the lands or any of them in said city, with the build- 
ings and other fixtures thereon, situated and lying within 
the district bounded on the north-west by the north-westerly 
line of Columbus Avenue, extended to Church Street ; on 
the north by the line of the southerly side of the passenger 
station of the Boston and Providence Railroad Corporation, 
and the same extended to the westerly line of Churcli 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. Said city shall, within 
sixty days from the time they shall take any of said lands, 
file in the office of the registry of deeds for the county of 
Suffolk, a description of the lands so taken, as certain as is 
required in a common conveyance of lands ; and a statement 
that the same are taken pursuant to the provisions of this 
act ; which said description and statement shall be signed by 
the mayor of said city ; and the title to all land so taken 
shall vest in the city of Boston, and if any party whose 
land is taken shall agree with the said city upon the damage 
done to him by the said taking, the same shall be paid to him 
by the said city forthwith. And it shall be tlio duty of the 
city of Boston, forthwith to raise the grade of said territory 
so taken or purchased, laying out and filling up the same 
with good materials, with reference to a complete drainage 
thereof, so as to abate the present nuisance and to preserve 
the health of the city, and in no wise to affect injuriously 
the lands of the Commonwealth or its grantees in the back 
bay, or the system of drainage therein. 

Section 2. Any person entitled to any estate in any part 
of the land so taken, may at any time within one year from 
the time when the same shall be taken, as well in his own 
behalf, as in behalf of all other persons having estates in the 
land so taken, file a bill in equity in the supreme judicial 
court, in the county of Suffolk, setting forth the taking of 
the complainant's land, and the condition of the same in 
respect to its capacity for drainage, and whether the com- 
plainant claims any and what damages against the city of 
Boston, or the Boston Water Power Company, or any other 
corporation or person, by reason of any and what wrongful 
act or omission by their causing a diminution in the value 
of his land at the time of said taking, and praying an assess- 



, 1867.— Chapter 308. 701 

ment of damao;es against such parties. And upon the filing court ehaii canse 

,.,,", ° . T 1 n i' p xi notice to defend- 

01 such a bill, the said court shall cause notice oi the pen- ants and public 

dency of said bill to be given to the parties named therein rnl'uTerest''"'' 

as defendants, according to the course of courts of equity, 

and also public notice thereof, to all persons in whose behalf 

such bill shall be filed, to appear and become parties thereto, 

if they shall think fit to do so. Said court shall prescribe shau^detemine 

how such public notice shall bo given, and what length of fo° appearing. 

time shall be allowed for appearing and becoming a party to 

such suit. Any party failing so to appear and become a Party failing to 

party within the time prescribed by the court, shall be for- wed.^ ^ 

ever barred from recovering any damages on account of such 

taking. Each person so appearing and becoming a party, person appear- 

shall file a written description of the land in which he claims s"fi'puon and' 

an estate, together with a plan thereof, so as clearly to dis- p'"^"- 

tinguish the same from all other lands, and shall also declare 

what estate he claims therein. If he claims that the value claims fm- injury 

„•,,, . />i.i 1 11 "y taking; state- 

of said lands at time of taking the same was lessened by any ment required. 

unlawful act or omission of the city of Boston, or the Boston 

Water Power Company or any otlii)r corporation or person, 

so that the value of the land in its condition when taken, 

would not be a just compensation for all the estate and rights 

of the party in and in reference to the same, such party 

shall also state what such injury is, and how and by whom 

the same had been, or is, caused, and what right or title of 

the party is violated, and what amount of damages in gross, 

is claimed by him, as compensation therefor, from each of 

the parties defendant. 

Section 3. Upon the expiration of the time allowed for court shaii ap- 
appcarance to the said bill, the said court shall appoint three sk.'ners^'^ity'" 
commissioners, who shall receive such compensation as the shaiipay. 
said court shall fix, to be paid by the city of Boston. 

Section 4. It shall be the duty of the said commissioners, Duties efc«m- 
after due notice, to hear each of the said parties, including ^'"''°°"'^- 
the said city of Boston, and the said Water Power Company, 
and other parties named as defendants, and to assess the 
present value of each parcel of the said land claimed by any 
party so appearing, with its capacity for drainage in its 
present condition ; and the amount in gross, if any, of dam- 
ages done to such parcel of land by reason of any unlawful 
act or omission of the city of Boston, or the Water Power 
Company, or any otlier party defendant, affecting its value 
at the time of said, taking. 

Sections. Said commissioners, or the major part of shaiirepwtdo- 
them, shall make report to the said court of their doings, Luf, upon"rel 



702 



1867.— Chapter 308. 



quest, evidence 
for party. 

Party aggrieved, 
how may pro- 
ceed. 



Decree and exe- 
cution to be 
given free of 
otlier pending 
claims. 



Costs, if party 
elect jury. 



Act not to ex- 
empt city from 
liabilities other- 
wise. 



Claim of party 
against state to 
be in nature of 
petition of right. 



Attorney-general 
to appear. 
Commissioners 
appointed by 
court to report. 



and when requested by any party, of the evidence touching 
any exception intended to be taken by him. 

Section 6. Any party aggrieved may either except to the 
report of the said commissioners, and have the exception 
heard and determined by the said court, according to its 
course as a court of equity, or may apply to the said court 
to have proper issues framed and tried by a jury, and pro- 
ceeded in as in other cases of issues ordered by the said 
court. And on the trial of any such issue, the report of the 
commissioners respecting its subject-matter shall be prima 
facie evidence of what is therein stated. 

Section 7. When it shall be finally determined what 
amount of damages any party is entitled to recover against 
the city of Boston or the Boston Water Power Company, or 
any other party defendant, a separate decree shall be entered 
accordingly, and execution therefor shall be issued, without 
regard to the pendency of the claims of any other party or 
parties, or of other claims of such complainant. 

Section 8. If any party shall elect a jury, he shall 
recover his legal costs, if the award of the commissioners 
shall be altered in his favor ; otherwise he shall be liable for 
the legal costs of the other party or parties. 

Section 9. Nothing in this act shall be construed as 
exempting the city of Boston from any obligation it would 
otherwise be under, to make compensation to the owners of 
lands abutting on or near to the territory described in the 
first section of this act, for any injury it may do to such 
lands in any acts of raising, filling or draining said territory 
or any part thereof. 

Section 10. If any party shall allege that the value of 
his land at the time of the said taking had been diminished 
by any act or omission of the Commonwealth or its agents 
or officers for which diminution the Commonwealth ought to 
make him compensation, he shall make the allegations 
relating thereto in a separate article of the bill, in the nature 
of a petition of right against the Commonwealth, and the 
court shall cause notice thereof to be served upon the attor- 
ney-general. And the attorney-general shall appear and 
may make a separate answer thereto ; and the commissioners 
appointed by the court to assess damages under this act, are 
hereby empowered to make a separate report of the damages, 
if any, caused to any party by any act or omission, for 
which the Commonwealth is responsible, and shall, at the 
request of the attorney-general, report the evidence, together 
with the grounds of their opinion why the Commonwealth 
ought to pay the same. And it shall be the duty of the 
supreme judicial court to instruct the said commissioners on 



1867.— Chapters 309, 310. 703 

any matter of law involved in tlieir decision, at the request s..t. court to 

„•' - ,, . . 1 ,1 1- instruct commis- 

01 any party or of the commissioners, and the proceedings Mooers in law, 
shall be conformed as nearly as possible to those in suits in "" ''^'i"^"'- 
equity. And the final report of the commissioners on the Report to be filed 
sul)ject of the claims upon the Commonwealth, shall be filed the goTeruor™' 
in court in the cause, and a duplicate thereof transmitted to 
his excellency the governor. And if in the opinion of the court may certi- 
court, it is reasonable that the Commonwealth bear any part ^''°^'^- 
of the costs or expenses, the same shall be certified with the 
said report. 

Section 11. Said court may make all orders and decrees couh may make 
necessary to carry into full effect the intent of this act, and creeTtoenforce 
may at its discretion, at any stage of the proceedings, order ^'^'• 
a party to give security for the payment of damages or costs. 

Section 12. All legal costs which shall accrue in proceed- costs accruing, 
ings under this act, not otherwise provided for, shall be paid "^^^^ ' 
as the said court shall order. 

Section 13. This act shall take effect upon its passage. 

Approved June 1, 1867. 

An Act in addition to an act to amend chapter two hundred ^j Of\n 

AND NINETEEN OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED ^'^^p' OUJ 
AND SIXTY-SIX, CONCERNING THE MILITIA. 

Be it enacted, Sfc, as follows : 

In addition to the brigade staff officers now authorized by Engineer of iri- 
law, there shall be one engineer of brigade with the rank of ^ofated.'^* ^^" 
captain, to be appointed and commissioned in manner now 
provided for other brigade staff officers. 

Approved June 1, 1867. 



An Act in addition to an act making appropriations to meet 
certain expenditures authorized the present year, and for 



Chap. SIO 

OTHER PURPOSES. 

Be it enacted, 5'^., 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^ 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 one, in favor of Increase N. Emer- i. n. Emerton. 
ton, the sum of fifty-two dollars. 

In the resolve, chapter two, in favor of the treasurer of treasurer iier- 
the Herring Pond Plantation, a sum not exceeding five hun- tltion."'"^ ^'"■°" 
dred dollars, payable upon properly approved vouchers filed 
with the auditor. 

In the resolve, chapter three, in favor of the guardian of Guardian Pun- 
the Punkapog Indians, for the benefit of certain members of ^''p°s maians. 
said tribe, the sum of five hundred and four dollars. 



704 



1867.— Chapter 310. 



Treasurer Marsh- 
pee District. 



J. May hew. 



B. C. Marchant. 



City of New Bed- 
ford. 



Alonzo Bond. 
Philip Boherty. 
Q. W. Copeland. 

H. H. Childs. 
P. Freeman. 



Supplement to 
Gen. Statutes. 



Perkins Institu- 
tion for Blind. 



State library. 



S. C. Howland. 



Boston and Wor- 
cester Railroad. 



Ill the resolve, chapter nine, in favor of the treasurer of 
the district of Marshpee, the sum of seventy-five dollars, 
payable from the income of the Massachusetts school fund. 

In the resolve, chapter ten, in favor of John Mayhew, the 
sum of one hundred and forty-nine dollars, payable from the 
income of the Massachusetts school fund. 

In the resolve, chapter eleven, in favor of Barnard C. 
Marchant, a sum not exceeding two hundred dollars ; and • 
also the sum of one hundred and four dollars, the latter pay- 
able from the income of the Massachusetts school fund. 

In the resolve, chapter twelve, in favor of the city of New 
Bedford, the sum of one hundred and forty-four dollars and 
sixty-seven cents. 

In tlie resolve, chapter thirteen, in favor of Alonzo Bond, 
the sum of two hundred and thirty dollars. 

In the resolve, cliapterfourteen,infavor of Philip Doherty, 
the sum of fifty dollars. 

In the resolve, chapter fifteen, in favor of George W. Cope- 
land, the sum of one hundred and nine dollars and fifty 
cents. 

In the resolve, chapter sixteen, in favor of H. H. Childs, 
the sum of fifty dollars. 

In the resolve, chapC^r seventeen, in favor of Priscilla 
Freeman, the sum of two hundred and fifty-five dollars. 

In the resolve, chapter eighteen, relating to the Supple- 
ment to the General Statutes, a sum not exceeding three 
thousand two hundred dollars, viz. : for the purchase of the 
existing stereotype plates, the same to be in full payment of 
all expenses, heretofore accrued in the publication of said 
Supplement, two thousand five hundred dollars ; for the pub- 
lication of the Supplement for the present year, five hundred 
dollars ; and for editing the same, two hundred dollars : and 
no part of this expenditure shall be made, except upon 
proper vouchers filed with the auditor. 
. In the resolve, chapter nineteen, in favor of the Perkins 
institution and Massachusetts asylum for the blind, the sum 
of four thousand dollars. 

In the resolve, chapter twentj^-two, in aid of the state 
library, a sum not exceeding two hundred dollars. 

In the resolve, chapter twenty-three, in favor of Solomon 
C. Howland, a sum not exceeding seven hundred and fifty 
dollars, payable on vouchers properly approved and filed with 
the auditor. 

In the resolve, chapter twenty-four, in favor of the Boston 
and Worcester railroad corporation, the sum of three hun- 
dred and eighty-one dollars and sixty cents. 



1867.— Chapter 310. 705 

la the resolve, chapter twenty-six, in favor of the Wash- TVashingtonian 
ingtonian home, the sum of six thousand dollars. 

in the resolve, chapter twenty-eight, in favor of Eunice H. e. n. McOoiium. 
McCollum, the sum of one hundred dollars. 

In the resolve, chapter twenty-nine, in favor of the Massa- Eye and Ear in- 
chusetts charitable eye and ear infirmary, the sum of five ™'''^' 
thousand dollars. 

In the resolve, chapter thirty, in favor of the temporary Asyium for dis- 

1 p Ti If !• ji o ± charged female 

asylum lor discharged lemale prisoners, the sum ot two prisoners, 
thousand five hundred dollars. 

In the resolve, chapter thirty-one, in favor of the Massachu- schooifor idiotic 
setts school for idiotic and feeble-minded youth, the sum of ^°""'' 
six thousand dollars, in addition to the amount heretofore 
appropriated for the current expenses of said institution ; 
and for the erection and fitting up of an infirmary in con- infirmary for 
nection therewith, a sum not exceeding seven thousand dol- ^^^^' 
lars, payable upon properly approved vouchers filed with the 
auditor. 

In the resolve, chapter thirty-three, in favor of the Spring- springfieid 
field home for friendless women and children, the sum of 
two thousand dollars. 

In the resolve chapter thirty-four, in favor of George P. ^- r- cross. 
Cross, the sum of one hundred dollars. 

In the resolve, chapter forty, for improvements near the Arsenal im- 
state arsenal, a sum not exceeding three hundred dollars. p^o^emen 

In the resolve, chapter forty-two, in favor of James R. J- ^- Pettengiu. 
Pettengill, the sum of seventy-five dollars. 

In the resolve, chapter forty-three, in favor of members of co. a, fourth 
company A, fourth regiment of infantry, Massachusetts vol- "^"siment mf. 
unteer militia, the sum of one hundred and ninety-eight dol- 
lars. 

In the resolve, chapter forty-five, in favor of the state alms- Almshouse, mou- 
house at Monson, a sum not exceeding four thousand five ^°°' 
hundred dollars. 

In the resolve, chapter forty-six, in favor of the state alms- lewksbury. 
house at Tewksbury, a sum not exceeding two thousand six 
hundred dollars, payable upon properly approved vouchers 
filed with the auditor. 

In the resolve, chapter forty-seven, in favor of the state Lunatic hospital 
lunatic hospital at Northampton, a sum not exceeding three Northampton. 
thousand dollars. 

In the resolve, chapter forty-nine, in favor of Winifred w. Gahegan. 
Gahegan, the sum of seventy-two dollars. 

In the resolve, chapter fifty-one, in favor of the state alms- Almshouse, 
house at Bridgewater, a sum not exceeding fifteen thousand ^ndgewater. 
dollars. 

32 



706 



1867.— Chapter 310. 



N. E. Female 
Moral Reform 
Society. 



Boston Station 
Home. 



S. D. Butler. 
C. Ilamilton. 

Robert Cowdin. 

S. r. K. Francis 

Robert Maybey. 

n. A. Davis. 



Museum Com- 
parative Zoology 

Discharged Sol- 
diers' Ilome. 

H. L. Whitcomb. 



Stat« arsenal. 



Lunatic hospital, 
Worcester. 



Katie Palmer. 



Agricultural re- 
port, printing. 
Res. 1856, 74. 



H. Haupt & Co., 
claims. 



Moneys refund- 
ed. Actsl8S7,42. 



TVar loan sinking 
fund. ActslS65, 
122. 



Ill the resolve, chapter fifty-two, in favor of the New Eng- 
land female moral reform society, the sum of six hundred 
dollars. 

In the resolve, chapter fifty-three, in favor of the Boston 
station home, the sum of one thousand dollars. 

In the resolve, chapter fifty-five, in favor of S. D. Butler 
and Cheney Hamilton, the sura of one hundred and seven 
dollars and fifty cents. 

In the resolve, chapter fifty-six, in favor of Robert Cow- 
din, the sum of fifty-tour dollars and forty-two cents. 

In the resolve, chapter fifty-seven, in favor of Sarah F. K. 
Francis, the sum of one hundred and twenty-eight dollars. 

In the resolve, chapter fifty-eight, in favor of Robert May- 
bey, the sum of forty dollars. 

In the resolve, chapter sixty-one, in favor of Henry A. 
Davis, the sum of two hundred dollars. 

In the resolve, chapter sixty-two, in favor of the museum 
of comparative zoology, the sum of ten thousand dollars. 

In the resolve, chapter sixty-three, in favor of the dis- 
charged soldiers' home, the sum of ten thousand dollars. 

In the resolve, chapter sixty-four, in favor of Harriet L. 

Whitcomb, the sum of one hundred and twenty-eight dollars. 

In the resolve, chapter sixty-seven, concerning the state 

arsenal at Cambridge, a sum not exceeding five hundred 

dollars. 

In the resolve, chapter sixty-eight, in favor of the state 
lunatic hospital at Worcester, a sum not exceeding fifteen 
thousand dollars. 

In the resolve, chapter sixty-nine, in favor of Katie Palmer, 
a sum not exceeding one hundred and twenty-eight dollars. 

For printing the report of the board of agriculture for the 
present year, a sum not exceeding one thousand three hun- 
dred and eleven dollars and twenty-nine cents, in addition to 
the amount heretofore appropriated. 

For expenses incurred under the provisions of chapter 
ninety-six of the resolves of the year one thousand eight 
hundred and sixty-six, relating to the claims of Herman 
Haupt and Company, a sum not exceeding seven hundred 
and fifty dollars. 

For the payment of moneys to be refunded from the trea- 
sury of the Commonwealth under the provisions of chapter 
forty-two of the acts of the present year, a sum not exceed- 
ing fifty-four thousand nine hundred and sixty-six dollars 
and thirteen cents. 

For the war loan sinking fund established under the pro- 
visions of chapter one hundred and twenty-two of the acts 



1867.— Chapter 810. 707 

of the year one thousand eight hundred and sixty-five, a sum 
not exceeding one hundred and five thousand six hundred 
and fifty dollars. 

For expenses of the state reform school for boys, for the Reform school, 
year one thousand eight hundred and sixty-six, a sum not 
exceeding one thousand and twenty-three dollars and forty- 
three cents, in addition to the amount heretofore appropri- 
ated. 

For printing blanks for returns from cities and towns, of p;J""°^, w^n^s, 

.-, ^° ,,.„.,. , aid toToluDteers. 

aid rendered to volunteers and their lamilies, a sum not Acts isee, '67. 
exceeding five hundred dollars ; and for expenses attending ' ' 
the examination of disbursements of aid by cities and towns, 
a sum not exceeding three thousand dollars. 

Of the bounty fund established by chapter three hundred Bounties due, re- 

-, , , „• , ,.1 "^ i I'll appropriation. 

and thirteen of the acts of the year one thousand eight hun- Acts i863, 9i, 
dred and sixty-four, there is hereby re-appropriated a sum 
not exceeding fifty thousand dollars for the payment of 
bounties remaining due to Massachusetts soldiers, under the 
provisions of chapters ninety-one and two hundred and fifty- 
four of the acts of the year one thousand eight hundred and 
sixty-three. 

Of the union fund established under the provisions of Expenses of war, 
chapters two hundred and sixteen of the acts of the year Acts isei, 216, 
one thousand eight hundred and sixty-one, and one hundred ^'^ ^^^' *^' 
and forty-seven of the acts of the year one thousand eight 
hundred and sixty-two, for the payment of expenses on 
account of the war, there is hereby re-appropriated a sum 
not exceeding three thousand dollars. 

Of the coast defence loan authorized under the provisions coast defences, 
of chapter one hundred and eighteen of the acts of the year '*-*pp'^°p"'>'"°°- 
one thousand eight hundred and sixty-three, for the payment 
of expenses connected with the coast defences of Massachu- 
setts, there is hereby re-appropriated a sum not exceeding 
three thousand dollars. 

For armory rents for the present year, a sum not exceed- Armory rents. 
ing three thousand three hundred dollars, in addition to the '^*='^^^'^''266. 
amount heretofore appropriated. 

The unexpended balance of the appropriation for militia Monthly driiis of 
bounty in the year one thousand eight hundred and sixty- iseMig.^'^'* 
six, is hereby made applicable to the payment of compensa- 
tion for monthly drills in the present year, in accordance 
with the provisions of chapter two hundred and nineteen of 
the acts of the year one thousand eight hundred and sixty- 
six. 

For clerical assistance in the preparation of the census census,_cierks. 
statistics of the year eighteen hundred and sixty-five, under ^'^^- i^^o, 58. 



708 



1867.— Chapter 310. 



Auditor, clerks. 
Acts 1867, 167. 



Fees of witnesses. 
G. S. 15, Acts 
1860, 41. 



Justices superior 
court salaries. 
Acts 1867, 163. 



Certain officers 
at state house. 



State lunatic 
paupers. Res. 
1867, 38. 



Burial state pau- 
pers. Acts 1867, 
97. 



State police. 
Acts 1865-67, 
149, 177. 



Agricultural col- 
lege. 



Militia bounty, 
1867. Acts 1367 
266. 



State prison. 
Kes. 70. 



Gettysburg sol- 
diers' cemetery. 



the difection of the secretary of the Commonwealth, a sum 
not exceeding one thousand five hundred dollars, in addition 
to the amount heretofore appropriated. 

For such additional clerical assistance as the auditor of 
accounts may find necessary, a sum not exceeding one thou- 
sand three hundred dollars, in addition to the amount here- 
tofore appropriated. 

For fees of witnesses summoned before committees of the 
legislature, a sum not exceeding eight hundred dollars, in 
addition to the amount heretofore appropriated. 

For the salaries of the justices of the superior court, a sum 
not exceeding five thousand five hundred dollars, in addition 
to the amount heretofore appropriated. 

In the act, chapter one hundred and sixty-seven, of the 
present year, establishing the salaries of certain officers in 
the departments at the state house, a sum not exceeding 
seventeen thousand six hundred and fifty dollars, in addi- 
tion to the appropriations heretofore made. 

For the support and relief of state lunatic paupers in state 
hospitals, a sum not exceeding twelve thousand dollars, in 
addition to the amount heretofore appropriated. 

For the burial of state paupers, a sum not exceeding three 
thousand dollars, in addition to the amount heretofore appro- 
priated. 

For the compensation and expenses of the state police, a , 
sum not exceeding forty thousand dollars, viz. : for compen- 
sation, twenty-six thousand dollars ; for travelling expenses, 
eleven thousand dollars ; and for clerical assistance and 
contingent expenses, two thousand five hundred dollars ; 
these sums to be in addition to the amounts heretofore appro- 
priated. 

The interest on the agricultural college fund is hereby 
appropriated to be paid to the treasurer of the Massachu- 
setts agricultural college, in accordance with the provisions 
of chapter one hundred and eighty-nine of tlie acts of the 
present year. 

For militia bounty for the present year, a sum not exceed- 
ing four thousand five hundred dollars, in addition to the 
amount heretofore appropriated. 

For the enlargement of workshops at the state prison, a 
sum not exceeding two thousand six hundred and sixty-three 
dollars and fifty- four cents, in addition to the amount here- 
tofore appropriated. 

The following sums shall be allowed and paid : 

For expenses of the state commissioner on the soldiers' 
national cemetery at Gettysburg, a sum not exceeding fifty 
dollars. 



1867.— Chapter 311. 709 

For clerical and professional assistance to legislative com- Assistance to 
mittees, the same to include service rendered by any clerk in le°gTs"^ure! °^ . 
the employ of the state, without interference with his regu- 
lar duties, a sum not exceeding five hundred dollars. 

For expenses of repair and adjustment of the weights, weights and 
measures and balances of the state, a sum not exceeding fifty ^aks"etc.' '^^" 
dollars. 

For expenses of ascertaining and defining the boundary atioae island 
line between Massachusetts and the state of Rhode Island, pensVJfatfi'n- 
from Burnt Swamp Corner in the town of Wrentham to the '"S" 
easterly line of the state of Connecticut, a sum not exceeding 
two hundred dollars, subject to the direction and approval of 
the governor. 

For the printing and engraving of state scrip, a sum not Printing state 
exceeding two thousand dollars, in addition to the amount **^"^' 
heretofore appropriated. 

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

Approved June 1, 1867. 

An Act concerning the education of deaf-mutes. Chcin.ZW 

Be it enacted, ^"c, as follows: 

Section 1. The governor, with the approval of the board ooremormay 

. ^end to Clarke 

of education, is hereby authorized to send such deaf-mutes Institution or 
or deaf children between five and ten years of age, as he "tatT, p'^^pilso" 
may deem fit subjects for instruction at the expense of the ^^^ '° '«" y«"^- 
Commonwealth, to the Clarke Institution for Dcaf-Mutes at 
Northampton, or to such schools or classes as now are or may 
hereafter be established for the education of deaf-mutes in 
this Commonwealth. 

Section 2. The governor is hereby authorized to draw May draw war- 

1 • . n ■, 1 , •if> rant for icstruc- 

his warrant tor such sums as may be necessary to provide lor tion and support. 
the instruction and support of the pupils named in the pre- 
ceding section, not exceeding for each pupil, the amount 
which is now or may hereafter be paid by the Common- 
wealth, for the education and support of deaf-mutes at the 
American Asylum at Hartford. 

Section 3. The education of all deaf-mutes who are now Board of educa- 
receiving or may hereafter receive instruction at the expense wse i'n^s'tru "tfoT 
of the Commonwealth, shall be subiect to the direction and »«<! r^^pf rt upoa 

. . " ^ annually. 

supervision of the board of education ; and said board shall 
set forth in their annual report the number of pupils so 
instructed, the cost of their instruction and support, the way 
in which the money appropriated by the Commonwealth has 
been expended, and such other information as said board 
may deem important to be laid before the legislature. 



710 



1867.— Chapters 312, 313. 



GoTernor may 
extend present 
term of pupils to 
ten years. 

Additional ap- 
propriation. 



Repeal. 



Chap. 312 



Warden and 
deputy, clerk, 
chaplain, turn- 
keys and watch 
men. 



Perquisites. 



Repeal. 



CJiaiy.^n 



Extension of 
wharves, etc., 
limited. 



Harbor lines de- 
fined. 



Section 4. The governor is hereby authorized to extend 
to ten years, the term of instruction now granted to deaf- 
mutes educated at the expense of the Commonwealth. 

SEgiiON 5. The sum of three thousand dollars is hereby 
appropriated for the education of deaf-mutes in addition to 
the amount heretofore appropriated, to be paid from the 
treasury of the Commonwealth. 

Section 6. All acts and parts of acts inconsistent here- 
with, are hereby repealed. 

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

Approved June 1, 1867. 

An Act fixing the salaries of certain officers of the state 

PRISON. 

Be it enacted, Sfc, as follows : 

Section 1. The officers of the prison hereinafter named 
shall receive the following annual salaries, viz. : the warden 
twenty-seven hundred dollars ; the deputy-warden seventeen 
hundred dollars ; the clerk fifteen hundred dollars ; the 
chaplain twelve hundred dollars ; each turnkey one thousand 
dollars ; each watchman nine hudidred dollars ; and each 
assistant-watchman seven hundred dollars ; payable in 
monthly payments by the warden out of the treasury of the 
prison, and in full for all services. And no other perquisite, 
reward or emolument shall be allowed to or received by any 
of them, except that tliere shall be allowed to the warden 
and deputy-warden sufficient house room, with fuel and light, 
for themselves and families. Such salaries shall be paid 
from the first day of January last. 

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 June 1, 1867. 
An Act to establish certain harbor lines in the harbor 

OF LYNN. 

Be it enacted, §*c., as folloios : 

Section 1. No wharf, pier or other structure in the city of 
Lynn, shall ever hereafter be extended into and over the tide- 
waters of said harbor beyond the lines hereinafter described. 

Section 2. The harbor line begins at a point in said Lynn 
harbor at the south-easterly corner of the northerly abut- 
ment wall of the Eastern Railroad bridge over Saugus river, 
and runs south-easterly on a straight line, nine hundred and 
sixty-four feet to a point south-westerly four hundred and 
sixty-six feet from monument A ; thence south-easterly and 
easterly on an arc of a circle of four hundred and sixty-six 



1867.— Chapter 314. 711 

feet radius, of which said monument A is the centre, for a 
distance of four hundred and thirty feet ; thence easterly, on 
a straight line, one thousand one hundred and seventy-five 
feet, to a point two hundred and eighty-eight feet distant 
southerly from monument B ; thence easterly and north- 
easterly, on an arc of a circle of two thousand and twenty- 
two feet radius, for a distance of one thousand two hundred 
and thirty-nine feet, to a point due east (variation of the 
compass ten degrees and thirty-eight minutes west,) of mon- 
ument B, and one thousand one hundred and sixty-five feet 
distant therefrom ; thence north-easterly, on a straight line, 
four thousand one hundred and fifty-three feet, to a point 
south-easterly three hundred and fifty feet from monument 
C ; thence easterly and south-easterly, on an arc of a circle 
of one thousand one hundred and eighty-five feet radius, for 
a distance of two thousand four hundred feet, to a point due 
west of monument D, and eight hundred and twenty-eight 
feet therefrom ; thence southerly, on an arc of a circle of 
eleven thousand three hundred and twenty-five feet radius, 
for a distance of four thousand two hundred and seventy- 
three feet to a point due west of monument E, and eighty 
feet therefrom. The above-mentioned monuments, marked, 
respectively, A, B, C, D, E, are granite posts, and have the 
letters H. L. inscribed thereon. 

Section 3. Nothing contained in this act shall be con- construction of 
strued to give authority to any person to extend or construct ^'^^ *'^'^^^' 
a wharf or pier, or other structure in said harbor. 

Section 4. This act shall not be construed to affect or Definition ccn- 
acknowledge the legal rights of any person or corporation to """®'^' 
set up any structure in Lynn harbor, nor to continue any 
grant heretofore made, but shall be held to revoke any 
license to do any act therein which by law is revocable. 

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

Approved June 1, 1867. 



An Act ceding to the united states jurisdiction over long 
island in boston harbor. 



Chap. ^14. 

Be it enacted, cVc, os follows: 

Section 1. Jurisdiction is hereby granted and ceded to jurisdiction 
the United States over so much of Long Island in Boston granted, 
harbor as will be described in the plan provided for in section 
three of this act, with the buildings thereon, purchased or to be 
purchased by the United States, for the protection and preser- 
vation of Boston harbor, and for purposes of national defence. 

Section 2. The United States government is hereby u.s. may hold 
authorized to occupy and fill such flats belonging to the st^'ructurei!"'''* 



712 1867.— Chapter 315. 

Commonwealth, and to place in or over tide-water such 
structures as may be necessary for the purposes for which 
the premises are to be used, and upon such terms and con- 
ditions as shall be prescribed by the harbor commissioners. 
Plan to be filed SECTION 3. . This act sliall bc void unless a suitable plan 

■with secretary of i> ,■, • i ,. .-ji r> 

commouweaith. of the premiscs, or such portion or portions thereoi as may 
be purchased by the United States, be deposited in the office 
of the secretary of this Commonwealth, within one year 
from the passage of this act. 
Commonwealth SECTION 4. The Commonwealth shall retain concurrent 
renTjurismction' jurlsdictioii witli thc Uiiitcd States in and over the premises 
proceTses.''"" °^ aforcsaid, so far as that all civil and criminal processes issu- 
ing under the authority of this Commonwealth may be 
executed on said premises and in any buildings erected, or 
to be erected, thereon, in the same way and manner as if 
Exclusive juris- jurisdictioii had not been granted as aforesaid ; and exclusive 
rerert?''' ^"^ ° jurisdiction shall revert to and revest in the Commonwealth 
of Massachusetts, whenever the said premises shall cease to 
be used for the purposes herein before declared. 

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

Approved June 1, 1867. 

ClWD 315 ^^ ^^^ CEDING TO THE UNITED STATES JURISDICTION OVER PARTS 
■^' OF gallop's ISLAND AND POINT ALDERTON IN BOSTON HARBOR. 

Be enacted, §t., as follotcs : 
Jurisdiction Section 1. Jurisdiction is hereby granted and ceded to 

gran e . ^^^ United States over so much of Gallop's Island and of 

Point Alderton in Boston harbor as may be required for the 
construction and protection of the sea-walls to be erected for 
the security of Boston harbor. 
U.S. may hold SECTION 2. The Uuitcd States government is hereby 
Et^ructures. authorizcd to occupy and fill such flats belonging to the 
Commonwealth, and to place in or over tide-water such 
structures as may be necessary for the purposes for which 
the premises over which jurisdiction is ceded in section one 
are to be used, and upon such terms and conditions as shall 
bc prescribed by the harbor commissioners. 
Plan to be filed SECTION 3. This act sliall be void unless a suitable plan 
commonweaUh° of tlic prcmiscs. Or sucli portiou or portions tliereof as may 
be purchased by the United States, be deposited in the office 
of the secretary of this Commonwealth, within one year 
from the passage of this act. 
Commonwealth SECTION 4. The Commonwcaltli shall retain concurrent 
rent jurisdiction' jurisdictioii witli tlic Uiiitcd States in and over the premises 
pwcesTes.^'"" °^ aforesaid, so far as that all civil and criminal processes issu- 
ing under the authority of this Commonwealth may be 
executed on said premises and in any buildings thereon, or 



1867.— Chapter 316. 713 

to be erected thereon, in the same way and manner as if 
jurisdiction had not been granted as aforesaid ; and exclii- Exclusive juris- 
sive jurisdiction shall revert to and revest in the Common- revert"''"^ *° 
wealth of Massachusetts, when the said premises shall cease 
to be used for the sole purpose herein before declared. 
Section 5. This act shall take effect upon its passage. 

Approved June 1, 1867. 

An Act to establish the police court of haverhill. Chap. 316 

Be it enacted, §'c., as follows: 

Section 1. A police court is hereby established in the court established 
town of Haverhill, under the name of the Police Court of uay^'rhii^'^Brad- 
Haverhill ; and the towns of Haverhill, Bradford and Grove- ford and Grove- 

,.-,., land. 

land shall constitute a judicial district under the jurisdiction 
of said court. Said court shall have the same jurisdiction. Jurisdiction and 
power and authority, shall perform the same duties and be 
subject to the same regulations as are provided in respect to 
existing police courts, except the police court of Worcester 
and the municipal court of Boston, by the one hundred and 
sixteenth chapter of the General Statutes, and by all general 
laws passed in amendment thereof, applicable to the several 
police courts of the Commonwealth ; and all provisions of Pr°^'S'o°sofiaw 
law relating to criminal and civil proceedings, the taxation "^pp^'^^'-^p • 
of costs, tlie payment of fines, the expenses of court, the 
accounting and settling with county and town for money 
paid into court as forfeitures or otherwise, and all other 
returns and requirements of law applicable to the several 
police courts of the Commonwealth, except those before men- 
tioned, shall apply to the police court of Haverhill hereby 
established. 

Section 2. Said court shall consist of one standing jus- Justices, appoint 
tice and two special justices, to be appointed, commissioned °^*'" 
and qualified, pursuant to the constitution and laws of the 
Commonwealth. 

Section 3. A clerk of said court shall be appointed and cierk. 
commissioned by the governor, who shall faithfully perform 
all services by law required of the clerks of like courts in 
this Commonwealth. 

Section 4. Either of the justices of said court may issue warrants, issue 
warrants in all proper cases. No justice of the peace shall Fees for. 
hereafter be allowed any fees for warrants issued within said 
district, or elsewhere for offences committed in said district ; 
and all warrants so issued shall be made returnable before Returns, 
said court. 

Section 5. A court shall be held by said standing justice court to be heid 
in said town of Haverhill in some suitable place to be fi^^j;. ''i Haverhiu. 

33 



714 



1867.— Chapter 317. 



Special justice, 
when to hold 
court. 



Salary of stand 
ing justice. 



nislied by said town, twice each week, and as mucli oftener 
as is deemed necessary for criminal business ; and once each 
week, and oftener if said justice shall see fit, for civil busi- 
ness. Said justice shall have power to make all proper rules 
for the conduct of the business of said court. In case of the 
sickness, interest, absence or other disability of the standing 
justice, one of said special justices shall hold said coiirt. 

Section 6. The standing justice of said court shall receive 
an annual salary of twelve hundred dollars, to be paid from 
Special justices, thc trcasuij of the Commonwealth. The compensation of 
the special justices shall be such as is provided by law in sim- 
ilar cases. The clerk of said court shall receive an annual 
salary of six hundred dollars, to be paid out of the treasury 
of thc Commonwealth. 

Section 7. All proceedings, duly commenced before any 
trial justice or justice of the peace for the county of Essex 
within said district, before this act shall take effect, shall be 
prosecuted and determined as if this act had not been passed. 

Section 8. This act shall take effect, so far as the ap- 
pointing, commissioning and qualifying the standing justice, 
special justices and clerk of said court are concerned, upon 
its passage ; and it shall take full effect in thirty days from 
its passage. Aiiproved June 1, 1867. 



Clerk. 



Pending causes 
within district. 



Act, when in 
force. 



C%9.317 



Limitation of 
fares to five cents 
repealed. 



Provisos : alder- 
men of Charleg- 
town to approve 
increase. 

Company may 
receive six cents 
under U. S. law. 



Aldermen may 

revoke assent 
given to in- 
crease. 



An Act concerning fares on the Middlesex railroad. 
Be it enacted, Sfc, as follows : 

Section 1. So much of the act entitled an act to incor- 
porate the Middlesex Railroad Company, passed in the year 
eighteen hundred and fifty-four, as provides that the rate of 
compensation for transporting persons or property shall not 
exceed five cents for each passenger, is hereby repealed : 
provided^ that the rates of fare upon said railroad shall never 
exceed five cents for each passenger, unless with the assent 
of the board of aldermen of the city of Charlestown ; and 
provided, that this act shall not prohibit said company from 
receiving six cents fare for each passenger as now provided 
by the United States law which authorizes such companies 
to add one cent to their rates of fare, so long as said law 
remains in force ; and provided, further, that the said board 
of aldermen may at any time revoke any assent given as 
aforesaid to increase the rate of fares on said railroad. 

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

Approved June 1, 1867. 



1867.— Chapters 318, 319, 320. 715 

An Act to iNConroRATE the north adams and bennington QJiar),^\S 

RAILROAD COMPANY. ^ 

Be it enacted, ^r., as follows: 

Section 1. William W. Freeman, Edwin F. Jenks, Syl- corporators. 
vander Johnson, their associates and successors, are hereby 
made a corporation by the name of the Nortli Adams and 
Bennington Raih'oad Company ; with all the powers and priv- Privileges and re- 
ileges and subject to all the restrictions, duties and liabilities ^'"<^''°°^- 
set forth in all general laws, which now are or hereafter may 
be in force, relating to such corporations. 

Section 2. Said company may locate, construct and May locate and 

. Ml ^ . . ^ .... operate road 

operate a railroad, commencing at some convenient point in from point in 
the town of Adams, and thence running north-westerly to monTiine.^"" 
the line of the state of Vermont, there to connect and unite 
with a railroad chartered by the state of Vermont from the 
town of Bennington to the state line of Massachusetts. 

Section 3. The capital stock of said company shall be capital stock. 
fixed at an amount not less than three hundred thousand 
dollars, nor more than five hundred thousand dollars: said May purchase 
company may purchase and hold such real and personal 
estate as may be necessary for the purposes for which it is 
incorporated. 

Section 4. This act shall be void unless the said railroad Limitations of 
is located within two years and constructed within foiu' 
years from the passage hereof. 

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

Approved June 1, 1867. 
An Act to authorize the milford and woonsocket railroad n]^n,vy ^IQ 

COMPANY TO LEASE ITS ROAD. •^* 

Be it enacted, ^'c, as/olloivs: 

Section 1. The Milford and Woonsocket Railroad Com- May lea^e to or 
pany is hereby authorized to lease its railroad to, or to unite ton'*'nTr'iford°^' 
itself with, the Boston, Hartford and Erie Railroad Com- ana Erie com- 
pany, upon such terms as may be agreed upon, and after the 
same shall have been approved and accepted by a majority 
of the stockholders of said corporations, respectively, at legal 
meetings thereof called for that purpose. 

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

Approved June 1, 1867. 

An Act to authorize the grand hotel branch railroad com- QJiqv) 320 

PANY of DORCHESTER TO EXTEND ITS RAILROAD. ^ 

Be it enacted, &;c., as follows : 

Section 1. The Grand Hotel Branch Railroad Company May extend from 
of Dorchester is hereby authorized to extend its railroad ^ po'^nTon'^^^' 
from the terminus at Bowdoin Street, in the town of Dor- ^dams street. 



716 



1867.— Chapter 321. 



Chester, described in the act of incorporation, across said 
street to a convenient point on Adams Street, at or near Lin- 
PriTiiegesandre- dcn Strcct ; with all tlic powcrs and privileges, and subject to 
all tlie restrictions, duties and liabilities set forth in all gen- 
eral laws which now are or hereafter may be in force, relating 
to railroad corporations. 

Section 2. This act shall be void unless said extension is 
located within two years and completed within five years 
from the passage hereof. 

^ECTiON 3. This act shall take effect upon its passage. 

Approved June 1, 1867. 



strictioDS. 



Limitations of 
time. 



Chap. 321 



Treasurer of 
Commonwealth 
may issue regis- 
tered or coupon 
bonds for, paya- 
ble in London or 
Boston on first 
January, 1900. 



Shall be counter- 
signed by gover- 
nor. 



Shall be delivered 
under order of 
governor and 
council, on ap- 
plication of di- 
rectors. 



Upon approved 
expenditure of 

$200,000 by com- 
pany, $100,000 



An Act to aid the construction of the Williamsburg and 
north adams railroad. 

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

Section 1. The treasurer of the Commonwealth is hereby 
authorized and instructed to issue scrip or certificates of 
indebtedness, either as registered or coupon bonds, in the 
name and in behalf of the Commonwealth, and in the man- 
ner herein designated, for the sum of one million dollars, 
which may be expressed in the currency of Great Britain, 
and may be payable to the bearer thereof in London, and 
bearing interest at five per cent, per annum payable semi- 
annually in London on the first days of January and July ; 
and said interest with the cost of exchange shall be paid by 
the Williamsburg and North Adams Railroad Company, in 
coin or its equivalent, at the option of the treasurer and 
receiver-general of the Commonwealth ; or the whole or any 
part of said scrip may be issued in federal currency payable 
in Boston, which said scrip or certificates in the currency of 
Great Britain shall be redeemed in London, and that in fed- 
eral money at Boston, on the first day of January in the year 
nineteen hundred, and shall bear date on the first day of Jan- 
uary or July wliich shall next precede the issue of the same. 
All said scrip shall be countersigned by the governor of the 
Commonwealth for the time being, and be deemed a pledge 
of the faith and credit of the Commonwealth for the redemp- 
tion thereof. The treasurer of the Commonwealth for the 
time being, shall deliver said scrip to the treasurer of the 
Williamsburg and North Adams Railroad Company, when 
ordered by the governor and council, on the application of 
the directors of said railroad company, under the provisions 
of this act, for the purpose of aiding in the completion of 
said railroad, and for the equipment of the same. 

Section 2. W^hen it shall be made to appear to the satis- 
faction of the governor and council that the Williamsburg 
and North Adams Railroad Company has properly expended 



1867.— Chapter 821. 717 

two lumdred thousand dollars in the construction of its road, of scrip may be 
then a portion of said scrip to the amount of one hundred 
thousand dollars, shall upon the terms hereinafter specified, 
be delivered to the treasurer of said railroad company. And i^J^lf °^°*'^" 

.. («i 1 $200,000 by cfvm- 

when it shall appear to the satisfaction oi the governor and pany, 9Pioo,ooo 
council that an additional expenditure of two hundred thou- usut° ^"'^^'^^ 
sand dollars has been made in the construction of said road 
as aforesaid, then another portion of said scrip to the amount 
of one hundred thousand dollars shall be delivered upon the 
terms expressed in this act to the treasurer of said railroad 
company, and so in like manner said scrip shall be issued Balance autbor- 

iTi- -t MT 11 1 1 11 •Till izecl may be SO 

and delivered until the whole amount hereby authorized snail delivered. 
have been issued and delivered. 

Section 3. The Williamsburg and North Adams Railroad company shaii 
Company shall, before the delivery of any of the scrip pro- of its franchise 
vided for in this act, make, execute and deliver to the treas- trlluTr^f'com 
urer and receiver-general of the Commonwealth, in manner "^^"^''fionof 
and form to be approved by the attorney-general, a bond scrip. 
secured by a first mortgage deed of the road, franchise and 
property of said company, conditioned that said company 
shall and will well and truly pay the principal sum of said 
scrip when the same shall become due and payable, and 
interest thereon as the same shall fall due, and to indemnify 
and save harmless the Commonwealth from all expenses 
incurred or loss or damage on account of said scrip. 

Section 4. When said railroad shall have been opened shaii set apart 
for use from Williamsburg to North Adams, twenty thousand nual incoai''e°as 
dollars annually shall be set apart from the net income of ^'°|||,°^j ^""e'^^f 
said road and paid to the commissioners hereinafter named ««'• 
in the fifth section of this act, as a sinking fund to be man- 
aged, invested and appropriated as is or shall be provided by 
law : provided, that when, in the opinion of the treasurer of Proviso, 
the Commonwealth for the time being, a sufficient sum shall 
have been set apart to produce, with the accruing interest, 
an amount equal to the scrip issued under this act, when the 
same shall fall due, then said company may be relieved from 
making further additions to said sinking fund. 

Section 5. The treasurer of the Commonwealth, the audi- Treasurer and 
tor of the Commonwealth, and the treasurer of the Williams- ana'trLsurer of 
burg and North Adams Railroad Company for the time being, cZSouere of 
shall be commissioners of the sinking fund of the said rail- funJ and manage 
road company. Said commissioners shall have the care and 
management of all the moneys, funds and securities, at any 
time, belonging to said sinking fund, and shall invest the 
same according to law ; but the money not invested and all 
the securities of said fund shall be in the custody of the 



same. 



718 



1867.— Chapter 321. 



Shall keep record 
of proceedings 
and report annu- 
ally to legisla- 
ture. 



Books of to be 
open to execu- 
tive or legisla- 
ture. 

Pay of commis- 
sioners. 



Governor to ap- 
point commis- 
sioners to report 
progress of work. 



Compensation. 



Conditions of 
first issue of 
scrip, and limita- 
tion of time for 
completion of 
I Old. 



Commonwealth 
may foreclose 
mortgage. 



Governor and 
council to have 
access to books 
and accounts. 



treasurer of the Commonwealth. Said commissioners shall 
keep a true account of all their proceedings ; they shall annu- 
ally, in the month of January, make a report to the legisla- 
ture, setting forth their proceedings for the year preceding ; 
the amount and condition of said fund, and the income of 
the several parts thereof for the year ; which records and 
securities and the hooks of account belonging thereto, shall 
at all times be open to the inspection of the governor and 
council, or of any committee of the legislature ; and the said 
commissioners shall receive for their services, from the Wil- 
liamsburg and North Adams Railroad Company, the sum of 
forty dollars each, annually. 

Section 6. The governor, with the advice and consent of 
the council, shall appoint three commissioners, one of whom 
shall be a competent civil engineer, to ascertain from time 
to time, as the governor and council shall direct, the amount 
of work performed on the line of the railway of the Williams- 
burg and North Adams Railroad Company, and the expen- 
ditures properly incurred and made for the same, and to 
advise and inform the governor and council in reference to 
all matters and things they are called upon to ascertain or 
verify under the terms and provisions of this act. The gov- 
ernor and council shall fix the proper compensation of such 
commissioners, which shall be paid by said railroad company. 

Section 7. No portion of said scrip shall be issued unless 
it shall be made to appear to the satisfaction of the governor 
and council, that said railroad company will be able either 
alone or with the aid of other parties than this Common- 
wealth to complete a line of railway from Williamsburg to 
North Adams ; and if at any time after any portion of said 
scrip shall have been delivered to said treasurer of said rail- 
road company, it shall appear to the governor and council, 
and commissioners, that a railroad will not be completed 
between Williamsburg and North Adams within three years 
from the date of the passage of this act, then no further por- 
tion of said scrip shall be delivered to the treasurer of said 
company ; and the Commonwealth may enter upon and 
take possession of said road and all its property, and fore- 
close forthwith and without equity of redemption the mort- 
gage held under the third section of this act. 

Section 8. The governor and council, and the commis- 
sioners appointed by them, shall at all times until the pay- 
ment of the scrip of the Commonwealth, have free access to 
all the books and accounts of said railroad company, for the 
purpose of examination. 

Section 9. This act shall take effect upon its passage. 

Approved June 1, 18G7. 



1867.— Chapters 322, 323. 719 

An Act for the relief of the town of truro. Cha)7. 322 

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

Section 1. The county commissioners for the county of county com'rs 
Barnstable arc hereby authorized to aid the town of Truro mafntenac°c'e of 
out of the county treasury, in the maintenance and repair neL%Tplof^ 
of the road extending from High Head, in said town of iticetowu line. 
Truro, to the line between the towns of Truro and Province- 
town, in such manner and to such extent as said commis- 
sioners may judge equitable and expedient ; and the resi- One commissiou- 
dence of one of said commissioners in said town of Truro enro/towu?"^ 
shall not disqualify him from acting under the provisions of 
this act. 

Section 2. Said commissioners may at any time, of their May change loca- 
own motion, without petition therefor, change the location repairs upou^o- 
of any portion of said road and re-locate the same and order *'*=^ '° **'*^°- 
specific repairs on the same ; first giving such notice to the 
selectmen of the town of Truro as may be practicable when 
they are reojiired to act. 

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

Approved June 1, 1867. 



Cha^. 323 



An Act in relation to the fire department of the city of 

SALEM. 

Be it enacted., §*c., as follows : 

Section 1. The city council of the city of Salem may city council may 
establish a fire department for said city, to consist of so pre^cHbea^p"-'^ 
many engineers and other officers, and so many enginemen pointment and 
and other members, as the city council, by ordinance, shall, and pay. 
from time to time, prescribe ; and said city council shall n 

have authority to make such provisions in regard to the time 
and mode of appointment, and the occasion and mode of 
removal of either such officers or members, to make such 
requisitions in respect to their qualifications and period of 
service, to define their office and duties, to fix and pay such 
compensation for their services, and in general to make such May make regu- 
regulations in regard to their conduct and government and cnirentanrthe 
to the management and conduct of fires and persons attend- management of 
ing at fires, subject to the penalties provided for the breach 
of the city by-laws, as they shall deem expedient : provided, proviso. 
the appointment of enginemen, hosemen and hook and ladder 
men, shall be made by the mayor and aldermen exclusively. 

Section 2. The powers and duties, or any of them, men- powers and du- 
tioned in the preceding section, may be exercised and carried *'''^ of council, 

' •/ llOW 6X6rCIS6U 

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. 



720 1867.— Chapters 324, 325. 

Engineers and SECTION 3. TliG Giigineers 01' otliei* ofRcei's of the depart- 
ityXfined.'''*"^* ment, so appointed as aforesaid, shall have the same authority 
in regard to the prevention and extinguishment of fires and 
the performance of other offices and duties now incumbent 
upon fire-wards, as are now conferred upon fire-wards by the 
General Statutes or the special acts relating to the city of 
Salem now in . force. They shall also have authority, in 
compliance with any ordinance of said city, to make an 
examination of places where shavings and other combustible 
materials are collected or deposited, and to require the 
removal of such materials, or the adoption of suitable safe- 
guards against fire. And the city council are hereby author- 
ized to make suitable ordinances upon this latter subject- 
matter, under the penalties provided for in the city charter. 

Approved June 1, 1867. 

ChClV. 324 -^^ -^^^ ^^ AUTHORIZE THE CITY OF BOSTON TO BUILD A HIGH- 
-* ' WAY OVER CERTAIN TIDE-WATERS. 

Be it enacted, §'c., as follows : 

Board of alder- SECTION 1. The board of aldcrmcn of the city of Boston 
streets between is hereby authorizcd to lay out a street or streets, over tide- 
certam wharyes. ^<jj-Qj..g^ betwecu Lcwis, Commcrcial, Mercantile, Cityj Long, 

Central, India and Rowe's Wharves, or either of them : 
Proviso: shall p?'ovided, that nothing in this act shall be construed as 
monw^'a?th's°^ ccdiug or yielding any right, title or interest tlie Common- 
rights, wealth may have in any lands or flats which lie within said 

street or streets, or shall be cut off from the harbor by the 

same. 
Compensation SECTION 2. Sucli compeusatiou sliall be made for all dis- 

of'tide'-wate'r""*"' placement of tide-water, caused by anything done under this 
how made. q^q^^ j^g ^jj^ harbor commissioners shall determine, and be 

made in the manner required by chapter one hundred and 

forty-nine of the acts of the year eighteen hundred and 

sixty-six. 
Attorney-general SECTION 3. It sliall bo tho duty of thc attomcy-gencral to 
comn^onweaTth's cxamiue into the right and title of the Commonwealth in all 
po'r't!^' ''"'^ "^^ lands and flats which would lie within and bo cut off from 

the harbor by the building of such street or streets, and 

report his opinion thereuponto the next legislature. 

Approved June 1, 1867. 

An Act to incorporate the stea'ens linen works. 
Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Hcury H. Stcvcns, IMoscs T. Stevens, George 

Stevens, their associates and successors, are hereby made a 
corporation by thc name of the Stevens Linen Works for the 

Purpose. purpose of manufacturing linen, cotton, woolen or silk goods, 



Chcq). 325 



1867.— Chapter 326. 721 

or any fabric wholly or in part of linen, cotton, woolen, silk 
or iute, in the town of Dudley ; and for this purpose shall Privileges and re- 
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 man- 
ufacturing corporations. 

Section 2. Said corporation, for the purposes aforesaid. May horn reai 
may hold real estate necessary and convenient for its busi- ®*'*'^' 
ness, to an amount not exceeding five hundred thousand dol- 
lars ; and the whole capital stock shall not exceed the sum capital stock 
of one million dollars, divided into shares of one hundred '''"^ ''''^'^^^' 
dollars each : provided, that said corporation shall not go Proviso, 
into operation until three 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 June 1, 1867. 



Chap. 326 



An Act to incorporate the united states metallurgic com- 
pany. 
Be it enacted, §'c., as follows: 

Section 1. James D. Whelpley, Jacob J. Storer, Horatio corporators. 
B,. Storer, their associates and successors, are hereby made a 
corporation by the name of the United States Metallurgic 
Company, for the purpose of erecting, maintaining and oper- Purpose, 
ating works for the reduction of metals and other products 
from ores and minerals according to the patented method of 
said James D. Whelpley and Jacob J. Storer, and of manu- 
facturing and selling to others, machinery to be used in such 
reduction; with all the powers and privileges, and subject to pmiiegcs and 
all the duties, restrictions and liabilities set forth in all gen- restrictions, 
eral laws, which now are or may hereafter be in force relat- 
ing to manufacturing corporations. 

Section 2. Said corporation may establish its capital capital stock and 
stock at an amount not exceeding three hundred thousand ^''"'^^" 
dollars, divided into shares of one hundred dollars each, and 
may hold real estate to an amount not exceeding two hun- Eeai estate. 
dred thousand dollars. 

Section 3. Said corporation shall not commence business conditions of 
until the sum of one hundred thousand dollars shall have buTi^'es"!'"^ 
been paid in as actual cash capital, over and above the said 
patent rights of said James D. Whelpley and Jacob J. 
Storer, or the moneys or values paid therefor. 

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

Approved June \,\^Qil. 



722 1867.— Chapters 327, 328, 329. 

Chan 327 ^^ ^^^^ ^^ CHAXGE THE NAME OF THE GUOVER AXD BAKEU SEWING 
■>■ ' ^ MACHINE COMPANY AND FOR OTHER PURPOSES. 

Be it enacted, §'c., as follows: 

Nameestab- SECTION 1. The Grovcr and Baker Sewing Machine Com- 

pany shall hereafter be called and known by the name of the 
Grover and Baker Mannfacturing Company, 

Capital stock and SECTION 2. Thc Capital stock of said corporation shall be 
fifteen hundred thousand dollars, divided into shares of one 

fctate. hundred dollars each, and it may hold real and personal 

estate necessary and convenient for its business not exceed- 

Maymanufae- ing that aiiiount ; and it shall have the right, in addition to 

u7mtchines!'^ ° the right heretofore granted, to manufacture any parts neces- 
sary for the construction of its sewing machines. 

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

Approved June 1, 1867. 

CA«W.328 -^^ ^^'^ '^^ INCORPORATE THE TURKISH BATH COMPANY. 

Be it enacted, ^"c, as follows: 

Corporators. SECTION 1. Jolui P. Joucs, Gcorgc F. Adams, Artemas 

Newell, their associates and successors, are hereby made a 
corporation by the name of the Turkish Bath Company, for 
the purpose of establishing and carrying on Turkish baths ; 

Privileges and re- with all the powcrs and privileges, and subject to all the 
duties, liabilities and restrictions, contained in all the gen- 
eral laws, which are now or hereafter may be in force and 
applicable to such corporations. 

Estate. Section 2. Said corporation, for the purposes aforesaid, 

may hold real and personal estate to the amount of one hun- 

Capitai stock and drcd thousaud dollars ; and the whole capital stock shall not 
exceed one hundred and fifty thousand dollars, to be divided 

Proviso. into shares of one hundred dollars each : provided, hoivever, 

that said corporation shall not incur any liability, until the 
sum of twenty thousand dollars has been paid in, in cash. 
Section 3. This act shall take effect upon its passage. 

Approved June 1, 1867. 

ChciD. 329 -^^ ^^^ '^^ INCORPORATE THE PNEUMATIC DISPATCH COMPANY OP 
■* ' MASSACHUSETTS. 

Be it enacted, §'c., as follows: 
Corporators. Section 1. Johu A. Audrcw, ThoiTias Russell, William 

Claflin, Charles R. Train, their associates and successors, are 

hereby made a corporation by the name of the Pneumatic 
May locate and Dispatcli Conipauy of Massacliusctts ; and the said corpora- 
»nTru"nniDg *^ tiou is hcrcby authorized and empowered to locate, construct 
stock. j^j-j^ finally complete pneumatic tubes, with cars or trucks to 

run therein, to be operated by the pneumatic system of pro- 
Purpose. pulsion, for the purpose of conveying letters, parcels, mails, 



1867.— Chapter 330. 723 

merchandise and property, in and between such cities and 
towns within the counties of Sufifolk, Norfolk, Middlesex and 
Essex as they may elect ; with all the powers and privileges, Priviiefre? and 
and subject to all the duties, restrictions and liabilities, con- "^"°'°°*- 
tained in the sixty-eighth chapter of the General Statutes, 
and in that part of the sixty-third chapter of said statutes 
relating to railroad corporations, and in all general laws 
which are now or may be hereafter in force respecting rail- 
road corporations, and subject to the control of the mayor shaii be subject 
and aldermen of the city of Boston and the county coramis- maj°or and°aider- 
sioners of the said counties in all matters pertaining to the "„*'dc°o'^u^trty coin- 
location of said tubes : provided, that said tubes shall not be missioners. 

1 T •!• iT'r> •!• fT> • •! Proviso: same 

located witlnn the hmits of said city oi iioston nor in either shau approve lo- 
of said counties without the consent in writing of the said '"'"°°' 
mayor and aldermen and county commissioners respectively. 

Section 2. The capital stock of the corporation shall be capital stock and 
five hundred thousand dollars, in shares of one hundred ^'''""''' 
dollars each : provided, that it shall be competent for the increase of capi- 
corporation at a regular or stated meeting or meetings, by a 
vote of the majority of the stockholders, to increase the cap- 
ital stock from time to time, to an amount not exceeding one 
million of dollars : provided further, that the sum of one condition of 
hundred thousand dollars shall be paid in, in cash, before "p*"^^''""- 
the company shall go into operation. 

Approved June 1, 1867. 

Ax Act to incorporate the Springfield athen.eum and QJi(fn^ 33() 

GALLERY OF ARTS. ^ 

Be it enacted, Sfc, as follows: 

Section 1. William Stowe, Samuel Bowles, Albert D. corporators. 
Briggs, Frederic H. Harris and Charles 0. Chapin, their 
associates and successors, are hereby made a corporation by 
the name of the Springfield Athenaeum and Gallery of Arts, 
for the purpose of constructing a hall, in the city of Spring- purpose, 
field, for public use, and a room to be used as a depository 
for pictures and other objects of art; with all the powers Privileges and re- 
and privileges, and subject to all the duties and liabilities set ^'"'="°"^- 
forth in all general laws which now are or may hereafter be 
in force concerning corporations, so far as applicable. 

Section 2. The capital stock of said corporation shall be capital stock and 
one hundred thousand dollars, to be divided into shares of *'""'^^' 
one hundred dollars each. 

Section 3. Said corporation may hold real estate to an May hoid real 
amount not exceeding seventy-five thousand dollars. ®^"'^®- 

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

Appi'oved June 1, 1867. 



724 



1867.— Chapters 331, 332, 333. 



Chap.ZZl 



Corporators. 



Purpose. 



Privileges and 

restrictioug. 



Capital stock and 
shares. 

May hold estate 
Proviso. 



Cliap.mi 



Name changed to 
" Athenceum." 



May hold estate 
and use income. 



Corporate privi: 
leges and restric- 
tions. 



May receive aid 
from town, as 
public library. 



Chap. 333 



Corporators. 



Ax Act to incorporate the boston temperance hall associa- 
tion. 
Be it enacted, S^'c, as follows: 

Section 1, Hubbard "VV. Swett, Samuel W. Hodges, James 
n. Roberts, their associates and successors, are hereby made 
a corporation by the name of the Boston Temperance Hall 
Association, for the purpose of purchasing or building and 
holding a building in the city of Boston, for the meetings of 
temperance organizations and the promotion of the general 
interests of temperance ; with all the powers and privileges, 
and subject to all tlic duties, liabilities and restrictions, set 
forth in all general laws which now are or may hereafter be 
in force, so far as applicable to said corporation. 

Section 2. Said corporation shall have a capital stock not 
exceeding two hundred thousand dollars, to be divided into 
shares of ten dollars each, and for the purposes aforesaid 
may hold real and personal estate, not exceeding the amount 
of the capital stock : provided, tb^at said corporation shall 
incur no liability, nntil twenty thousand dollars of its capital 
stock has been paid in, in cash. 

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

Approved June 1, 1807. 

An Act in addition to an act concerning the pittsfield 

LIBRARY association. 

Be it enacted, §'c., as follows : 

The name of the Pittsfield Library Association is hereby 
changed to the Pittsfield Athenseum ; and said corporation 
may hold real and personal estate, exclusive of books, to an 
amount not exceeding one hundred and fifty thousand dol- 
lars, the use and income of which shall be appropriated 
exclusively to literary, scientific and educational purposes. 
Said corporation 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 concerning such corporations, and have power to 
receive the same aid and support from the town of Pittsfield 
that a public library is by the general laws of this Common- 
wealth authorized to receive. Approved June 1, 1867. 

An Act to incorporate the trustees of the episcopal theo- 
logical school. 
Be it enacted, Sfc, as follows: 

Section 1. Edward S. Rand, Robert C. Winthrop, J. P. 
Putnam, Amos A. Lawrence, James S. Amory, their associ- 
ates and successors, are hereby made a corporation by the 
name of the Trustees of the Episcopal Tlieological School, 
with power to establish and maintain in or near the city of 



1867.— Chapter 334. 725 

Cambridge, a seminary or institution with such preparatory Purpofe and lo- 
schools as they may tliink fit for the promotion of learning 
and piety, instruction in biblical science and literature, and 
for the education of young men for the ministry of the 
Protestant Episcopal church, with power to confer theologi- 
cal degrees. And said corporation shall have all the powers Privileges and re- 
and privileges, and be subject to all the duties, liabilities and 
restrictions set forth in the sixty-eighth chapter of the 
General Statutes, and all general laws which now are or 
may hereafter be in force, so far as applicable to corporations 
established for literary or charitable purposes. 

Section 2. The number of the said trustees shall be five. Trustees, Tacan- 
HI case ot any vacancy caused by the death, resignation 
or removal of any trustee, a new trustee shall be elected 
by the surviving or remaining trustees ; and any trustee May be remored. 
may be removed from office by the unanimous vote of all 
the remaining trustees. Said trustees may appoint such Trustees may ap- 
officers as they think fit for the management of the affairs fiXuctor^^pre- 
of the corporation, and they shall appoint all professors, tenure'l'uTpay. 
lecturers, tutors and instructors in the said school, prescribe 
their duties, and fix their salaries and tenure of office. 

Section 3. Said corporation may hold for the purposes corporation 
aforesaid real and personal estate to an amount not exceeding ™*^ 
five hundred thousand dollars. 

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

Approved June 1, 18G7. 
An Act to incorporate the clarke institution for deaf Chap. 334 

MUTES. ■' 

Be it enacted, Sj-c, as follows : 

Section 1. Osmyn Baker, William Allen, junior, Lewis corporators. 
J. Dudley, Julius H. Seelye, George Walker, Gardiner G. 
Hubbard, Theodore Lyman, Horatio G. Knight, Joseph A. 
Pond, William Claflin, James B. Congdon, Thomas Talbot, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Clarke Institution for Deaf Mutes, 
ill the town of Northampton; with authority to establish shaii locate in 
classes of instruction for deaf persons and deaf mutes in two May e'stawish 
other suitable localities in this Commonwealth ; with all the corTol-ateprivi!' 
powers and privileges, and suV)ject to all the duties, restric- leges and restric- 
tions and liabilities set forth in all general laws which now 
are or hereafter may be in force in relation to such 
corporations. 

Section 2. Said corporation may hold for the purposes May hoia estate, 
aforesaid, real and personal estate not exceeding in value 
two hundred thousand dollars. 

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

Approved June 1, 1867. 



726 



1867.— Chapter 335. 



Chap. 335 



May take land 
for tracks to state 
line in Salisbury. 



Provisos. 



May straighten 
road in Salem. 



May make solid 
portion of bridge 
over Miller's 
Kiver. 



Fitchburg Com- 
pany may make 



An Act to authorize the eastern railroad company to 

construct a double track, and for other purposes. 
Be it enacted, ^'c, as follows : 

Section 1. The Eastern Railroad Company is hereby 
authorized to take as much land within the limits prescribed 
by the original act of its incorporation and the acts in addi- 
tion thereto, as may be necessary for the proper construction 
and security of two sets of tracks commencing at their pas- 
senger depot in the city of Boston and extending to the state 
line in the town of Salisbury : provided, that the land so 
taken, together with what has been lieretofore taken for said 
railroad, shall not exceed what said corporation was author- 
ized to take by said act of incorporation and the acts in 
addition thereto, and that said corporation shall pay all dam- 
ages occasioned by such taking, as provided in the sixty- 
third chapter of the General Statutes ; and jwovided, 
further, that nothing in this act shall aiithorize the taking of, 
or location over, any land owned or used for railroad pur- 
poses by, or covered by the location of any other railroad 
corporation ; nor the taking of any flats, or the widening of 
any bridge not now authorized by law, between Causeway 
Street in the city of Boston and the street leading from the 
city of Charlestown to the city of Cambridge, known as 
Prison Point Bridge ; and provided further that no land 
shall be taken for said purpose within twenty feet of " Union 
Park," so called, in the city of Chelsea.; and provided 
further that this act shall not authorize the Eastern Railroad 
Company to lay a double track upon any part of the so called 
Saugus Branch Railroad, from Maiden to Lynn. 

Section 2. Said Eastern Railroad Company is hereby 
authorized to straighten its railroad in the city of Salem, 
between the tunnel and Beverly Bridge, by diverging north- 
erly from the line of said railroad as it is now laid, not 
exceeding two hundred feet, and adding the intervening 
land to their present location ; with all the powers and priv- 
ileges, and subject to all the duties, liabilities and restrictions 
contained in the sixty-third chapter of the General Statutes. 

Section 3. Said railroad company is hereby authorized 
to render that portion of their pile structure over Miller's 
River, between the extension of the southerly line of the 
Fitchburg Railroad as located in accordance with chapter 
two hundred fifty-nine of the acts of the year eigliteen hun- 
dred fifty-five, and the main land in the town of Somerville, 
more safe and convenient by filling up and making said 
bridge solid. And tlie Fitchburg Railroad Company is 
authorized to fill up and make solid that portion of its loca- 



nect at Charles- 
town. 



1867.— Chapter 336. 727 

tion between the easterly end of its solid brido;e over Miller's aoiia portion of 

_.. , , • T n • 1 -r^ 1 -r» •! i i • 1 its bridge Over 

River and the west side oi said iLastern Kaiiroad bridge: said river. 
provided, that the improvements named in this section shall Proviso: harbor 
be done under the direction and with the approval of the approve, 
harbor commissioners : and compensation shall be made for 
tide-water displaced by such filling, according to the provis- 
ions of the act of the year eigliteen hundred sixty-six, 
chapter one hundred forty-nine, section four. 

Section 4. Tlie said Eastern and Fitchburg Railroad Eastern and 
Companies are also jointly authorized to locate and construct ponies may con- 
a connecting track between their railroads near their present 
intersection in the city of Charlestown, and shall pay all 
damages therefor according to law : pi'ovided, however, that Proviso : harbor 
such connection shall be located and constructed as may be approve!'"""^ ° 
directed by the harbor commissioners appointed under 
chapter one hundred forty-nine of the acts of the year 
eighteen hundred sixty-six. 

Section 5. Nothinfj; contained in this act shall be so con- construction of 

• • 1 1 T-i T-1'j 11 -r> •! n act denned. 

strued as to permit either the liiastern or J^ itchburg Railroad 
Companies to apply to the supreme judicial court to appoint 
commissioners under the provisions of the statutes of the 
Commonwealth, or to authorize either of said companies to 
use the road of the other. Approved June 1, 18G7. 

Ax Act requiring the bostok and providence railroad com- Chcip.^SQ 

PANY TO erect A STATION HOUSE IN ROXBURY. "' 

Be it enacted, Sj'c, as follows: 

Section 1, The Boston and Providence Railroad Com- shaii erect and 

. , , • 1 , , i i.- 1 1 J. maintain on New 

pany is hereby required to erect a new station house and to Heath street for 

maintain the same on said railroad on New Heath Street, so "««°fp=^^««"g«". 

called, in the city of Roxbury, reasonably commodious for Requirements. 

the use of passengers, together with sufficient platforms, and 

containing a ticket office and separate apartments for men 

and women ; and said company is hereby authorized to take May take land 

such land as may be necessary for the erection of said °'''^^^^°^^- 

station house with proper approaches thereto, under the 

provisions of the statutes authorizing railroad corporations 

to take land for the construction of railroads; and said ^ay remove 

•^ __^ - present station. 

company is further authorized to remove its present Roxbury 

station to a point at or near Ruggles Street in said Roxbury. 

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

Approved June 1, 1867. 



728 



1867.— Chapter 337. 



Chap.^'^1 



Treasurer of 
Commonwealth 
may accept 
bridge of propri- 
etors and release 
corporation from 
support of same 
when charter ex- 
pires. 



Proviso: shall 
have certificate 
that bridge is ia 
good repair. 



Bridge not de- 
livered in good 
repair, attorney- 
general to file 
complaint to 
compel corpora- 
tion to duty. 



Shall require 
same of Eastern 
Kailroad Com- 
pany. 



Upon acceptance 
of act mayor 
and aldermen of 
Newburyport 
shall appoint 
trustees of 
bridge. 



Term of office. 
Vacancies. 



Selectmen of 
Salisbury shall 
appoint one. 



Treasurer of 
Commonwealth 
upon notice to, 
may execute 
quitclaim deed 
to trustees. 



Ax Act to trovide for the maivtenance of the newburyport 

BRIDGE. 

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

Section 1. The treasurer and receiver-general, in the 
name, and to the use of this Commonwealth, is hereby author- 
ized to accept the bridge and franchise now claimed by the 
Proprietors of the Newburyport Bridge, which by the terms 
of the charter, shall on the expiration thereof, revert to and 
become the property of the Commonwealth, and be surren- 
dered by the proprietors for the time being in good repair, 
and to release said corporation from all further lial)ility for 
the maintenance of said bridge : provided^ that said bridge, 
at the time of its delivery, shall be in good repair, and shall 
be so certified by the mayor and aldermen of the city of 
Newburyport, and tlie selectmen of the town of Salisbury, or 
a majority thereof. And if at the expiration of the time lim- 
ited in the charter, the bridge shall not be delivered up in 
good repair, a bill of complaint shall be filed by the attorney- 
general, in the name of the Commonwealth, in the supreme 
judicial court for the county of Essex, against said corpora- 
tion and its officers, to compel a specific performance of their 
duty, in this regard, to the Commonwealth. And it shall be 
the duty of the attorney-general, in like manner, to compel 
a specific performance on the part of the Eastern Railroad 
Company of their duties and liabilities in respect to said 
bridge. 

Section 2. In the event that this act shall be accepted by 
the city of Newburyport and the town of Salisbury, as here- 
inafter provided, the mayor and aldermen of the city of New- 
buryport, on or before the day of the year when the said 
charter expires, and in the month of February of each suc- 
ceeding year, so long as this act shall remain in force, shall 
appoint two trustees of the bridge, who shall remain in office 
until their successors shall be duly appointed ; and in case 
of a vacancy from any cause, the same shall be filled for the 
remainder of the term by a similar appointment. The 
selectmen of the town of Salisbury shall have a similar author- 
ity, to be executed in a like manner, to appoint one trustee 
of the bridge. 

Section 3. As soon as the bridge shall have been deliv- 
ered up as aforesaid, and the treasurer and receiver-general 
of the Commonwealth shall have received due notice of the 
appointment of such trustees, he is authorized to execute to 
said trustees, in the name and under the seal of the Com- 
monwealth, a deed of quitclaim of the bridge and the fran- 



1867.-~Chapter 337. 'TSD 

chise to said trustees and their successors, to beheld by them Trustees may 

. ..... nola. 

in trust upon the following conditions, viz. : 

First. Said trustees shall cause the said bridge to bo kept ,^°;p'^[,^^°^"^J j^^'^ 
in good repair, and at all times safe and convenient for the repair. 
passage of travellers. 

Second. Said trustees shall cause to be kept and main- suau mamtaia 
tained a convenient draw for the passing and repassing of 
vessels, by day and by night. 

Tkird. Said trustees, to defray the exi:)enses of repairs, shaiinotia- 

1. ,1 . 'Ill crease present 

may levy a toll not exceeding the rates now prescribed by toii. 

law, and enforced by the proprietors of the Newburyport 

Brido;e. But this right to levy a toll shall be subject to the m^ht to levy, 
"-„, ° 1,1 r>xTi I. irby whom con- 

approval of the mayor and aldermen ot JNewburyport, and or troiied. 

the selectmen of Salisbury, and shall be within the control 

of the legislature. The trustees shall erect, at the place shaii exhibit 

where the tolls are collected, a sign which shall expose to footVsseng^erT.* 

view conspicuously the required tolls. Foot passengers shall 

be exempt from the payment of any toll. 

Fourth. Said trustees shall on the first day of January of shaiimakean- 
each year, present to the city council of Newburyport and re"eipu''and°ex- 
the selectmen of Salisbury, an account of moneys by them i"^°'«'' 
received, and expenses incurred, which account shall be made 
up to the first day of December next preceding ; and copies Accounts aiiow- 
of said accounts, when allowed, shall be published by the pubuS! ° 
city of Newburyport, three times successively, in some daily 
newspaper printed in Newburyport. 

Fifth. If the receipts of said bridge shall be found in any Receipts less than 
year to have been insufficient to pay the expenses, the defi- ^en'oy howsup- 
ciency shall be made up by the city of Newburyport and the p^'*^*^- 
town of Salisbury, Newburyport being liable to the trustees 
for two-thirds, and the town of Salisbury for one-third 
thereof. 

Sixth. If the receipts of any year shall exceed the expenses, Receipts exceed- 
such excess shall be invested as a contingent fund, and fuud7o°becre- 
shall 1)0 allowed to accumulate until the same shall reach ^^'^'^' 
the sum of twenty-five thousand dollars, after which time wheu toils shaii 
the tolls shall cease, and the income from said fund may be income how 
applied to the maintenance of the bridge, and if need be, "i*-'ii to apply. 
the principal. In the event that the cost of maintaining the 
bridge shall reduce said fund to twenty thousand dollars, the 
trustees may again levy toll, until said fund shall amount to 
twenty-five thousand dollars. 

Seventh. The city of Newburyport and the town of Salis- Liability of New- 
bury shall be liable in an action of tort for any accident saulbury for 
which may be caused to passengers by any defect in said '^''^"'^ '" ^"'■^^' 
bridge, to the same extent in which towns are or shall be 

35 



730 



1867.— Chapters 338, 339. 



Actions for dam- 



Toll shall not be 
used to pay. 



Performance of 
conditions of 
deed, how en- 
forced. 



Act in force 
when voters of 
Newbur.yport 
and Salisbury 
accept. 



Meetings 



If not accepted, 
governor and 
council to con- 
trol bridge. 



Chap.m^ 



Part on Com- 
monwealth lands 
to be conveyed to 
city of Boston. 

City, with con- 
sent of governor, 
may widen road- 
way, without 
claim for dam- 
ages by abutters. 



Chap. 339 



Shall give to all 
persons equal 
triiicportation 
and use of build- 

iiiL"i.:iiul 
gi'ouuds. 



liable for defects in town ways ; Newburyport being liable 
for two-thirds, and Salisbury for one-third thereof. In all 
actions for damages, the city of Newburyport and the town 
of Salisbury shall be made defendants, and the execution 
which shall issue may be satisfied against either defendant, 
who may compel a contribution by the other ; but in no 
event shall any part of the tolls received be applied to the 
payment of damages. 

Section 4. The supreme judicial court, upon the infor- 
mation of the attorney-general, shall have full jurisdiction 
to enforce the performance of the trusts and conditions of 
said deed ; but this shall not impair the rights or remedies 
of any person who may be injured by the conduct of any 
party in the premises, nor the authority of the grand jury 
to proceed by indictment against any party for any wrongful 
act or omission. 

Section 5. This act shall not take effect unless the legal 
voters of the city of Newburyport and of the town of Salis- 
bury, respectively, shall accept the same at a legal meeting 
called for tlie purpose, by a majority of the voters present 
and voting thereon, which meeting shall be held in said city 
and town respectively on the third Monday of August next ; 
and the vote shall be expressed by a written or printed ballot, 
yea or nay, and the check list shall be used as in the election 
of town officers. Should the city of Newburyport and the 
town of Salisbury not accept this act, the governor and 
council shall, until further legislation is had, keep said 
bridge open for public travel, as a free or toll bridge. 

Approved June 1, 1867. 

An Act concerning Berkeley street, on the back bay. 

Be it enacted, Sfc, as follows : 

Section 1. The commissioners on public lands shall 
convey to the city of Boston that part of Berkeley Street that 
is situate on the Commonwealth's lands in the back bay as 
the same is now located and completed sixty feet wide ; and 
the said city is authorized to widen the roadway of the said 
street when authorized so to do by the governor and council, 
to the width of eighty feet, without any claim for damages 
by the abutters on sa^d street. Approved June 1, 1867- 

An Act concerning railroads. 

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

Section 1. Each railroad corporation within the Com- 
monwealth shall give to all persons or companies reasonable 
and equal terms, facilities and accommodations for the 
transportation of themselves, their agents aiid servants, and 
of any merchandise and other property, upon any railroad 



1867.— Chapters 340, 341. 731 

owned or operated by such corporation, and for the use of 
the depot and other buildings and grounds of such corpora- 
tion ; and at any point wliere its railroad shall connect with aiso, facilities at 
any other railroad, reasonable and equal terms and facilities connections. 
of interchange. 

Section 2. Every railroad corporation offending against Penalty for vioia- 
the provisions of this act, shall be liable to a penalty not 
exceeding two hundred dollars, to be recovered by indict- 
ment, and to the party aggrieved, in an action for damages. 

Approved June 1, 18G7. 



Chap. 340 



An Act fixing the salaries of the county commissioners. 
Be it enacted, Sj'c, as follows : 

Section 1. The commissioners and special commissioners shaiibepaid 
of the several counties of the Commonwealth shall receive [reaiurieMn 
from the county treasuries of their several counties, in equal •!''""'}''y/°'i 

1 "^ ._ iTi'pii 1 July in full for 

semi-annual payments m January and July, in lull payment services and 
for all their services and travel payable as now provided by ^'^^^^' 
law, the following annual salaries : For the county of Barn- 
stable, thirteen hundred dollars. For the county of Bristol, 
twenty-five hundred dollars. For the county of Berkshire, 
seventeen hundred dollars. For the county of Dukes county, 
two hundred and fifty dollars. For the county of Essex, four 
thousand dollars. For the county of Franklin, twelve hun- 
dred dollars. For the county of Hampden, seventeen hun- 
dred dollars. For the county of Hampshire, twelve hundred 
dollars. For the county of Middlesex, forty-eight hundred 
dollars. For the county of Norfolk, three thousand dollars. 
For the county of Plymouth, twenty-five hundred dollars. 
For the county of Worcester, four thousand dollars. 

Section 2. All the foregoing salaries shall be paid from shaiibefrom 
the first day of January last. •^''"""'y' ''^"• 

Section 3. All acts inconsistent with this act are hereby Repeal. 
repealed. 

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

Apjyroved Jime 1, 1867. 



Chaj). 341 



An Act to change the place of meetings of the county com- 
missioners OF THE county OF MIDDLESEX, AND FOR OTHER PUR- 
POSES. 

Be it enacted, §'c., as follows : 

Section 1. The meeting of the county commissioners for shaii be at cam- 
Middlesex county now required to be held on the first Tues- Tuefda^or'^^'' 
day of June in each year at Concord, shall hereafter be held -^""e- 
at Cambridge in said county. 



732 



1867.— CHArTER 34:2. 



Jail at Concord Section 2. The couiity jail at Concord is hereby discon- 

(liscontinueJ. +* « 1 

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

Approved June 1, 1867. 



Chap.S4:2 



Boston and 
Worcester cor- 
poration may 
Tary location on 
Clielsea Creek 
under acts 18G6 
ch.278. 
Line authorized. 



U.se of road in 
East Boston, how 
regulated. 



Proviso : Bci^ton 
and Worcester 
road may also 
change other lo- 
cations under 
same act. 



Former location. 



Liability for 
damages. 



An Act concerning the boston and Worcester railroad cor- 
poration AND THE eastern AND THE FITCHBURG RAILROAD 
COMPANIES. 

Be it enacted, Sfc, as folloios : 

Section 1. The Boston and Worcester Railroad Corpo- 
ration is hereby authorized and empowered to vary the loca- 
tion and direction of any part of that portion of the railroad 
which said corporation was authorized to locate, construct 
and maintain by chapter two hundred and seventy-eight of 
the acts of the year eighteen hundred and sixty-six, wdiich 
is thereby authorized to be located on the southerly side of 
Chelsea Creek, or between said creek and the commissioners' 
line of Boston harbor, and to locate, construct and maintain 
a railroad from said Chelsea Creek to said commissioners' 
line where and as said corporation shall deem expedient, 
except upon the lands of the Eastern Railroad Company, 
and may locate, maintain and construct the same on, along 
and over Orleans Street, in East Boston, or any part thereof 
longitudinally or otherwise, if and as said corporation shall 
desire, and run cars and engines moved by steam power on, 
along and over said street, subject, however, to the right of 
the board of aldermen of the city of Boston to make at all 
times all such rules and regulations as to the rate of speed, 
the security of the streets and of the crossings and the mode 
of use of tracks in streets in East Boston as in their opinion 
public safety and convenience may require : provided, how- 
ever, that said Boston and Worcester Railroad Corporation 
shall also have the right to vary the direction and location of 
any other portion of said railroad authorized by chapter two 
hundred and seventy-eight of the acts of the year eighteen 
hundred and sixty-six as provided by the General Statutes 
of the Commonwealth, and subject to the conditions of said 
chapter last named and the restrictions of this act. And 
the location heretofore filed by said corporation of said rail- 
road between Decatur and Marginal Streets in East Boston 
is hereby discontinued, to which the Boston and Worcester 
Railroad Corporation assent ; but said Boston and Worcester 
Railroad Corporation shall not be required to pay any dam- 
ages occasioned by locating on or taking lands on that part 
of said location so discontinued, except an indemnity for any 
injury actually suffered between the filing of such location 
and the passage of this act ; and said Eastern Railroad 



1867.— Chapter 342. 733 

Company shall indemnify and save harmless said Boston and Eastern com- 
Worcester Railroad Corporation against all claims of any p^^J'' ''^•'^'^''y °f- 
persons or corporations for damages occa.sioned by such 
taking or by such part of said location. 

Section 2. The Eastern Railroad Company is hereby Eastern company 
authorized and empowered to locate, construct and maintain roadfromchei- 
a railroad from a point in its present location near the Salem sea to somerviue. 
turnpike road in Chelsea upon and over what is or was 
formerly the location of the Grand Junction Railroad Com- 
pany to the present location of the Eastern Railroad near to 
the Boston and Maine Railroad, in the town of Somerville : 
provided^ however, that in locating, constructing and main- proviso: shaii 
taining said railroad, said Eastern Railroad Company shall ofBo^ouand^^ 
not use, interfere with or affect any location, franchise or ^'"''c*'^?^ *^"™" 
right of the Boston and Worcester Railroad Corporation, consent. 
which is, or may be, prior to the fding by the Eastern Rail- 
road Company of the location hereby authorized, acquired 
under said chapter two hundred and seventy-eight of the 
acts of the year eighteen hundred and sixty-six, or other- 
wise, without its consent in writing. Either of said corpora- Either corpora- 
tions may enter with its road upon, and unite the same with, ^l*"!!^ ™ad con-^ 
and use any part lying in Somerville, Charlestown, Maiden, strutted by 
Chelsea or East Boston, of any railroad located, constructed 
and maintained by the other, at any such point or points as 
it shall deem expedient, and may draw its cars with its own compensation, 
engines over the same for such compensation or toll as shall ^°^^ How^fixed 
be fixed, if said corporations cannot agree, by commissioners 
to bo appointed as provided by section one hundred and 
seventeen of chapter sixty-three of the General Statutes, and 
subject to such reasonable regulations as the Eastern Rail- Regulations, 
road Company shall prescribe as to its railroad, or as to any 
railroad located, constructed and maintained between the 
Salem turnpike road in the city of Chelsea and the Boston 
and Maine Railroad in the town of Somerville on the said 
location now or formerly of the Grand Junction Railroad ; 
and as the Boston and ^Vorcester Railroad Corporation shall 
prescribe as to its own railroad elsewhere : -provided, that if Proviso: may be 
either corporation shall object that the said regulations or edla'^''*^"^"''"''" 
any part thereof are, or is unreasonable, the same may, on 
the application of such corporation, be revised and altered 
at any time, or from time to time, by commissioners appointed 
as aforesaid ; Oiwd provided further i\\ixi ihh provision as to Not to impair 
regulation shall not impair any right, title or interest, or agl'"^^°'"'*™' 
claim to compensation or damages of either; and provided use of tracks. 
further that if and whenever either shall provide a suitable 
and sufficient track over or by the side of any part or parts 



734 



1867.— Chapter 342. 



Side tracks, turn 
tables and de- 
pots, use of. 



Union Park, 
Chelsea. 



Lands in Somer- 
ville, certain. 
Act of 18G6, ch. 
278, not to au- 
thorize taking by 
Boston and Wor- 
cester company. 



Nor certain 
tracks. 



Connecting 
tracks of the Bos- 
ton and Lowell, 
the Fitchburg 
and the Grand 
Junction rail- 
road companies. 



Abutments of 
bridge; Boston 
and Lowell and 
Fitchburg roads. 



Locations of Bos- 
ton and Worces- 
ter company, un- 
der Act 1866, if 
inconsistent to 
be void. 



Proyiso. 



of its railroad for the use of the other, then the right of such 
other to use the remaining tracks of the former shall, so far 
as said independent tracks extend, cease and determine ; and 
provided further that neither corporation shall have the right 
to use the side tracks, turn-tables, or depot accommodations 
of the other without its consent in writing. 

Section 3. No location shall be made under this act 
within twenty feet of Union Park, so called, in Chelsea. 

Section 4. Nothing contained in the two hundred and 
seventy-eighth chapter of the acts of the year eighteen hun- 
dred and sixty-six shall be construed to authorize the taking 
or holding by the Boston and Worcester Railroad Corpora- 
tion of any lands or property situated southerly of a line 
extending from Milk or Bridge Street in Somerville to a 
point opposite the Asylum Wharf, and drawn parallel to and 
five feet distant northerly from the north rail of the north 
track of the Fitchburg Railroad, as it now lies, and nothing 
therein, nor in any former acts shall be construed to author- 
ize the taking or holding of any portion of the two main 
tracks of the Fitchburg Railroad, or of any part of the land 
necessary for running trains thereon, as they are now used. 
And the connecting track between the Boston and Lowell, 
the Fitchburg and the Grand Junction Railroad tracks, cross- 
ing the Grand Junction Railroad track with switches, shall 
not in any way be altered, obstructed or impaired, Ijut shall 
be owned, maintained and used as is provided in chapter one 
hundred and twenty-eight of the acts of the year eighteen 
hundred and fifty-seven. And the present abutments of the 
bridge at the intersection of the Boston and Lowell Railroad 
with the Fitchburg Railroad shall remain unchanged, and in 
their present position. 

Section 5. Any portion of the location made by the Bos- 
ton and Worcester Railroad Corporation under the provi- 
sions of chapter two hundred and seventy-eight of the acts of 
tlie year eighteen hundred and sixty-six, inconsistent with 
the provisions of section four of this act, is hereby declared 
void: jirovided,' i\\^i the Boston and Worcester Railroad 
Corporation shall not be called upon to pay for any part of 
said location which may be declared void. But no right or 
remedy which the Fitchburg Railroad Company now have 
under the provisions of chapter two hundred and ninety-six 
oftheactsof the year eighteen hundred and fifty-six and 
chapter one hundred and twenty-eight of the acts of the year 
eighteen hundred and fifty-seven and chapter two hundred 
and seventy-eight of the acts of the year eighteen hundred 



1867.— Chapter 342. 735 

and sixty-six, shall bo in any way impaired or affected by the 
provisions of this section. 

Section 6. In the exercise of the powers granted by tliis Easte^n^o!^r^ 
act, and in the construction of its provisions, the Boston and powers ueaned. 
Worcester Railroad Corporation and the Eastern Railroad 
Company shall have all the rights and privileges and be sub- 
ject to all the duties, liabilities and restrictions provided by 
the General Statutes relating to railroad corporations, and 
all special statutes not expressly modified by this act. 

SectiOxN 7. Said Boston and Worcester Railroad Corpo- Locations by ^ 
ration and the Eastern Railroad Company may make tlie ceTtJ'And East^ 
locations mentioned in the first and second sections of tliis i,ereuTaer"tobe 
act any time within one year from the passage hereof. made in year. 

Section 8. The Eastern Railroad Company is hereby Eastern company 
required to widen the bridge on the Salem turnpike road in brkige'^in^chei- 
the city of Chelsea, where it is crossed by the tracks of the ^''*- 
Eastern and Grand Junction Railroads, so that said bridge 
shall be of uniform width with said turnpike road at that 
point ; and said work shall be done in a manner satisfactory county commis- 
to the county commissioners for the county of Middlesex : provT^'"''* 
the expense thereof shall be borne in the following proper- Expense, how 
tions by tlie following parties, viz. : the Eastern Railroad Com- 
pany shall contribute one-half thereof, the Boston and Wor- 
cester Railroad Corporation two-sixths thereof, and the Bos- 
ton and Chelsea Railroad Company one-sixth thereof; and 
when completed, said brido;e shall be maintained in equal Bridge, how 

i ' T T-i 1 TTT T» •! Diaiutained. 

proportions by the Eastci'n and Boston and Worcester Rail- 
road Companies. If, upon the completion of said work in Expense of 
the manner above prescribed, either the Boston and Worces- be boruf.' 
ter Railroad Corporation, or the Boston and Chelsea Rail- 
road Company shall, upon demand by the Eastern Railroad 
Company, refuse or neglect to pay its proportion of the cost 
of widening said bridge as aforesaid, the Eastern Railroad 
Company may recover the same from said corporations, or 
either of them, in default, with costs, in an action of contract 
in tlie supreme judicial court or the superior court for either 
of the counties of Suffolk or Middlesex. 

Section 9. Nothing in this act shall be construed as Act how con- 
authorizing either of the railroad corporations named in this of^'erufa aJt^ 
act to take or use any flats or lands of the Commonwealth andunds. 
below high-water mark, or to fill up or erect any structure 
below high-water mark on any land of its own, or of any per- 
son, or in any way to interfere with navigation. 

Section 10. This act shall take effect upon its passage. 

Approved June 1, 1867. 



736 1867.— Chapter 343. 

m^i^ Q IQ Ax Act to authorize thi: city of roxbury to procure a sup- 

Be it enacted, ^'c, as follows. • 
May contract SECTION 1. The City of Roxbuiy is hereby authorized to 

chl^riesTown for coiitract wlth cithcr the city of Boston or the city of Charles- 
necesJarj^^'^tate towii for a supply of watcr, and to take by purchase or oth- 
and erect works, erwiso, and hold such land, real estate or water-rights, and 
erect and maintain such works and structures as may be 
necessary for the introduction of water either from said city 
of Boston or from said city of Charlestown, or from any 
ponds or other sources of supply within the limits of the 
county of Norfolk, except Jamaica Pond, and the distribu- 
tion thereof in said city of Roxbury. 
May lay pipes, SECTION 2. FoF the purposcs of distribution, said city of 
Tn^d regutateuse Roxbury may lay down pipes to any house or building in 
of water. gr^\(\ c'ltj, the owncF or owners thereof having notice and not 

objecting thereto, and may make and establish public hy- 
drants in such places as may, from time to time, be deemed 
proper, and prescribe the purposes for which they may be 
used, and may change or discontinue the same ; may reg- 
ulate the use of the water within and without the said city, 
and establish the prices of rents to be paid for the use thereof. 
May carry works And tho Said city may, for the purposes aforesaid, carry and 
7"s°l^a y^-Iter- conduct any aqueducts or other works by them to be made 
strTe^tr/"*^ °^^° ^^^^ constructed, over or under any water-course, or any 
street, turnpike-road, highway or other way, in such manner 
as not to obstruct or impede travel thereon, or the free flow 
of the water therein ; and may enter upon and dig up any 
such land, street, road or way as may be necessary for the 
purposes of laying down said aqueducts or other works, and 
for maintaining or repairing the same. 
Commissioners SECTION 3. Thrco commissioncrs shall be appointed by 
work^^Ippoint- the city council, who shall, during their continuance in office, 
uon 0?°*^ '^''^^'^' execute and perform, superintend and direct, the execution 
and performance of all the works, matters and things men- 
tioned in tlie preceding sections, which are not otherwise 
specially provided for in this act ; they shall be subject to 
such ordinances, rules and regulations, in the execution of 
their said trust, as the city council may, from time to time, 
ordain and establish, not inconsistent with the provisions of 
Terms of office * this act and the laws of this Commonwealth ; they shall 
and removals, rcspectivcly liold their said office for the term of three years 
next after their said appointment, iinless the aqueducts and 
works aforesaid shall be sooner completed ; but they, or 
either of them, after having had an opportunity to be heard 
in his or their defence, may be removed at any time by a 



1867.— Chapter 343. 737 

concurrent vote of two-thirds of each braucli of the city 
council; and in case of a vacancy in the board of commis- A^acaucies, how 
sioners, by death, resignation or removal, such vacancy shall ^"'"^" 
be filled by the appointment of another commissioner, in 
manner aforesaid, who shall hold his said office for the resi- 
due of the said term of three years, with all the powers and 
subject to all the restrictions aforesaid. A major part of Quorum, 
said commissioners shall be a quorum for the exercise of the 
powers, and the performance of the duties of the said office ; 
they shall, once in every three months, and whenever suaii report 
required by the city council, make and present, in writing, ^"'''■'^'■'y- 
a particular report and statement of all their acts and pro- 
ceedings, and of the condition and progress of the works 
aforesaid. 

Section 4, Before the appointment of the commissioners salaries of com- 
aforesaid, the city council shall establish and fix the salaries, a^ed?"'"' ^°^ 
or compensation, to be paid to the commissioners for their 
services ; and the said salaries of the said commissioners, so 
established and fixed as aforesaid, shall not be reduced dur- 
ing their continviance, respectively, in said office. 

Section 5. Whenever the said office of commissioners oraee ceasing, 
shall cease, either by the expiration of the said term of three Fncity.° 
years from the original appointment, or by the completion of 
the aqueducts and works mentioned in the preceding sections 
of this act, all the rights, powers and authority given to the 
city of Roxbury by this act, shall be exercised by the said 
city, subject to all the duties, liabilities and restrictions 
herein contained, in such manner and by such agents as the 
city council 'shall from time to time ordain, appoint and 
direct. 

Section (3. The said city of Roxbury shall be liable to cityshaiibe 
pay all damages that shall be sustained by any persons in llTperi^L'^'""^"* 
their property by the taking of any land, water or water- 
rights, or by the constructing of any aqueducts, reservoirs 
or other works, for the purposes of this act. And if the party may ap- 
owner of any land, water or water-rights, which shall be }^'ent°wuhin" 
taken as aforesaid, or other person who shall sustain damage three years to 

' i 1 • T superior court. 

as aforesaid, shall not agree upon the damages to be paid 
therefor, he may apply, by petition, for the assessment of his 
damages at any time within three years from the taking of 
the said land, water or water-rights, or sustaining damage as 
aforesaid, and not afterwards, to the superior court in the 
county in which the same are situate, unless sooner barred, proviso. 
as provided in the seventh section of this act. Such petition Petition, wiien 
may bo filed in the clerk's office of said court, in vacation or ""^y "^^ s'^*^- 
in term time, and the clerk shall thereupon issue a summons 
36 



738 



1867.— Chapter 343. 



Issue, and return 
of summons. 



Court may ap- 
point assessors. 



Award, accepted 
by court, to be 
final. 



Proviso : party 
may have jury. 



Party failing to 
proceed under § 
6, city may com- 
mence after 
tliree months. 



Person not ap- 
pearing, to be 
barred. 



Party dis.satisfied 
witli award un- 
der § 6, may 
have jury trial. 



Verdict, when 
accepted by court 
to be tiual. 



Damages for 
water-rights. 



to the city of Roxbury, returnable, if issued in vacation, to 
the then next term of the said coiirt, and if in term time, 
returnable on such day as the said court shall order, to 
appear and answer to the said petition ; the said summons 
shall be served fourteen days at least before the return day 
thereof, by leaving a copy thereof, and of the said petition, 
certified by the officer who shall serve the same, with the 
mayor or clerk of said city ; and the said court may, upon 
default or hearing of the said city, appoint three disinter- 
ested freeholders of this Commonwealth, who shall after 
reasonable notice to the parties, assess the damages, if any, 
which sucli petitioner may have sustained as aforesaid ; and 
the award of the said freeholders, or of the major part of 
them, being returned into and accepted by the said court, 
shall be final, and judgment shall be rendered and execution 
issued thereon for the prevailing party, with costs, unless 
one of the said parties shall claim a trial by jury, as herein- 
after provided. 

Section 7. Whenever any damages shall have been sus- 
tained by any persons as set forth in the sixth section of this 
act, and such persons shall neglect to institute proceedings 
against the city of Roxbury, according to the provisions of 
this act, for the space of twelve months, it shall be lawful 
for the city of Roxbury to commence such proceedings, 
which shall go on and be determined in the same manner as 
if commenced by the persons who shall have sustained such 
damage ; and if such persons, on receiving due notice, shall 
not come in and prosecute the proceedings so instituted, 
judgment shall be entered against them, and they shall be 
forever barred from recovering any damages under this act. 

Section 8. If either of the parties mentioned in the 
sixth section shall be dissatisfied with the amount of dam- 
ages awarded as therein expressed, such party may, at the 
term at which such award was accepted, or the next term 
thereafter, claim, in writing, a trial in said court, and have a 
jury to hear and determine, at the bar of said court, all 
questions of fact relating to such damages, and to assess the 
amount thereof; and the verdict of such jury, being accejited 
and recorded by the said court, shall be final and conclusive, 
and judgment shall be rendered and execution issued 
thereon, and costs shall be recovered by the said parties, 
respectively, in the same manner as is provided by law in 
regard to proceedings relating to the laying out of highways. 

Section 9. No application shall be made to the court for 
the assessment of damages for the taking of any water-rights, 



1867.— Chapter 343. 739 

until the water shall be actually withdrawn or diverted by , 
the said city, under the authority of this act. 

Section 10. In every case of a petition to the superior city, upon pet:- 
court for the assessment of damages, as provided in the niay*tenderVum 
sixth, seventh, eighth and ninth sections of this act, the city [□to^'^ourf. '^""^ 
of Roxbury, by any of its officers, may tender to the com- 
])lainant, or his attorney, any sum tliat they shall think 
proper, or may bring the same into court, to be paid to the 
complainant for the damages by him incurred or claimed in 
his petition; and if the complainant shall not accept the Petitioner not 

1 ' accpptiDfiT now 

same, with his costs up to that time, but shall proceed in the may be entitled. 

suit, he shall be entitled to his costs up to the time of the 

tender, or such payment into court, and not afterwards ; and costs of city. 

the said city shall be entitled to recover its costs afterwards, 

unless the complainant shall recover greater damages than 

Avere so oifered. 

Section 11. For the purpose of defraying all the costs city coundi may 

-, o iiiii. i.1 i -ix issue $500,000 of 

and expenses oi such lands, estates, waters ana water-ngnts "water scrip" 
as shall be taken, purchased or held for the purposes men- woS''°^'°^ 
tioned in this act, and of constructing all aqueducts and 
works necessary and proper for the accomplishment of the 
said purposes, and all expenses incident thereto, heretofore 
incurred or that may be hereafter incurred, the city council 
shall have authority to issue, from time to time, scrip, notes 
or certificates of debt, to be denominated on the face thereof, 
" Water Bonds of the City of Roxbury," to an amount not 
exceeding five hundred thousand dollars, bearing interest at interest on and 
a rate not exceeding the legal rate of interest in this Com- ci^aT.*^" ° '^"'^ 
monwealth, which shall be redeemable at a period of time 
not less than ten, nor more than fifty years from and after 
the issue of the said scrip, notes or certificates, respectively ; 
and the said city council may sell the same, or any part city may seii or 
thereof, from time to time, at public or private sale, or^^^^^"'^' 
pledge the same for money borrowed for the purposes afore- 
said, on such terms and conditions as the said city council 
shall judge proper; and the said city council mav, for the May issue scrip 

/. . . , o ^ • L 1^ ~ for pavment of 

purpose 01 meetmg payments oi such interest as may accrue interest, 
upon any certificate of debt, make such further issue of 
scrip, notes or certificates of debt as may be necessary 
therefor. 

Section 12. The city council may, from time to time. May pass by-iaws 
pass such by-laws and ordinances as they may deem proper fo"r'*p?otection*'of 
for the preservation and protection of all or any of the ^°^^^- 
works connected with the supplying of the city of Roxbury 
with pure and wholesome w^ater, under and by virtue of this 
act : provided, such by-laws and ordinances are not incon- proviso. 



740 



1867.— Chapter 343. 



May organize 
management. 



Shall establish 
water rates. 



Occupants and 
owners shall be 
liable for pay- 
ment. 



Suit for unau- 
thorized use of 
water. 



Penalty for ma- 
liciously divert- 
ing or corrupting 
water or injury 
to works. 



Further liability 
for. 



City may supply 
Boston and other 
towns with water. 



Proviso. 



Cities of Boston 
or Charlestown 
may extend 
works and sup- 
ply Koxbury. 
Privileges and re- 
strictions. 



sistent with any laws of this Commonweal tli, or with the 
constitution thereof, subject at any time to be repealed or 
modified by the legislature ; and may also organize a depart- 
ment, with full powers for tlie management of such works, 
and tlie distribution of the said water. 

Section 13. The city council shall, from time to time, 
regulate the price or rent for the use of the water, with a 
view to the payment, from the net income and receipts, not 
only of the semi-annual interest, but ultimately of the prin- 
cipal of said debt so contracted, so far as the same may be 
practicable and reasonable. And the occupant of any tene- 
ment shall bo liable for the payment of tlie price or rent for 
the use of the water in such tenement ; and the owner thereof 
shall also be liable, if, on being notified of such use, he does 
not object thereto ; and if any person or persons shall use any 
of the said water, either within or without tlie said city, v\'ith- 
out the consent of the city, an action of tort may be maintained 
against him or tliem for the recovery of damages therefor. 

Section 14. If any person or persons shall wilfully or 
maliciously divert the water, or any part thereof, of any of 
the ponds, streams or water-sources, which shall be taken by 
the city pursuant to tlie provisions of this act, or shall cor- 
rupt the same, or render it impure, or destroy or injure any 
dam, aqueduct, pipe, conduit, hydrant, machinery or other 
property, held, owned or used by the said city, by the author- 
ity and for the purposes of this act, such person or persons 
shall forfeit and pay to the said city three times the amount 
of the damages that shall be assessed therefor, to be recov- 
ered by any proper action. And such person or persons may, 
moreover, on indictment and conviction of either of the wil- 
ful and malicious acts aforesaid, be punished by fine not 
exceeding one thousand dollars, and imprisonment not 
exceeding one year. 

Section 15. The said city of Roxbury is also authorized 
to supply with water for the extinguishment of fires or for 
other purposes, the city of Boston, and the towns through 
which the line of aqueduct may pass, and for this purpose 
may erect and maintain such structures as may be requisite 
and necessary therefor : provided, that such supply to Bos- 
ton shall not deprive the towns on the line of the aqueduct 
of a sufficient supply of water. 

Section 1(3. Said city of Boston or said city of Charles- 
town is hereby authorized to extend its works into and 
through said city of Roxbury, for the purpose of supplying 
the latter witli pure water ; and to this end, shall have all the 
rights and privileges, and be subject to all the duties, restric- 



1867.— Chapter 344. 741 

tions and liabilities which it now has and to which it is now 
subject under the several acts authorizing it to supply itself 
with water ; subject, however, to such terms and conditions, conditions. 
not inconsistent with the provisions of said several acts, as 
may be agreed upon between cither of said cities and said 
city of Roxbury. 

Section 17. The provisions of this act shall be void, unless Act void unless 
submitted to and approved by the voters of said city of Rox- erJ'of KoxinJy'* 
bury, at meetings held simultaneously for that purpose in J^^^l"^ "''''^^ 
the several w^ards, within three years from the passage of this 
act, upon notice duly given at least seven days from the time 
of holding said meetings. 

Section 18. If within three years from the passage of city of Boston to 
this act the territory of the city of Roxbury shall be annexed andTnviregefVf* 
to and made a part of the city of Boston, then the city of J,'°^,''^i"[,^,retr" 
Boston shall succeed to all the rights and privileges hereby within tiiree 
granted to the city of Roxbury. ^''"*' 

Section 19. This act shall take effect upon its passage. 

Approved June 1, 1867. 

Ax Act to regulate fisheries. Chan 344 

Be it enacted, cVc, as follows : 

Section 1. The commissioners of fisheries appointed commissioners 
under chapter two hundred and thirty-eight of the acts of silairinsplct 
the year eighteen hundred and sixty-six, in addition to their ways\''ru'by law' 
powers and duties under said act, are hereby authorized to '^*'p'- 
examine all the dams upon rivers in this Commonwealth 
over and around which the proprietors are now required by 
law to keep and maintain fish-ways, and said commissioners 
shall determine whether said fish-ways are suitable and suffi- 
cient for the passage of such fish as are found in said rivers ; 
and if, after inspection, the said commissioners shall find if unsuitable, 
said fish-ways are unsuitable or insufficient for the passage pHetora!^'^^^"^"* 
of fish, or are out of repair, or are not kept open at suitable 
times, they shall give notice to the proprietors of said dams 
of any defect in their fish-ways, or that the fish-ways are not 
kept open the proper time. And said commissioners shall shaii direct as to 
further, in writing, prescribe the times for keeping open and fish-wayr'^^ " 
unobstructed said fish-ways, and what repairs may be neces- 
sary, and what changes, if any, should be made for improv- 
ing said fish-ways. 

Section 2. Any person or corporation who shall neglect Penalty for fau- 
or refuse to keep open or maintain any fish-way at the times ""^^ '° ™"'"''''°- 
prescribed by the commissioners 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-way, to be recovered by uow recovered. 



Chap. 345 



742 1867.— Chapters 345, 346, 347. 

indictment in the county where said dam, or any part 
thereof, is situated, one-half to the use of the complainant, 
and the other half to the use of the Commonwealth. 
Appropriation SECTION 3. Tlicrc sliall be appropriated and paid out of 

stoc'k'r'iv*eH'and' tlic trcasury of the Commonwealth a sum not exceeding ten 
ponds with fish, thousand dollars, to defray the expenses of the commission- 
ers, first, in re-stocking the rivers of Massachusetts with 
shad, salmon and alewives ; second, in re-stocking the ponds 
in this Commonwealth, for the purpose of propagating black 
bass and other fish. Approved June 1, 1867. 

An Act fixing the salaries of sheriffs. 
Be it enacted, Sf-c, as follows : 
Shall be paid SECTION 1. Thc shcriffs of the several counties of the 

tie™ uriis quar- Commouwealtli, hereinafter named, shall receive annual sal- 
'"''^' aries, payable quarterly from the treasury of their respec- 

tive counties, as follows : of Barnstable, five hundred dollars ; 
of Berkshire, thirteen hundred dollars ; of Franklin, eight 
hundred and fifty dollars ; of Bristol, twelve hundred dol- 
lars ; of Essex, eighteen hundred dollars ; of Hampden, 
twelve hundred and fifty dollars ; of Hampshire, one thou- 
sand dollars ; of Middlesex, twenty-two hundred dollars ; of 
Norfolk, twelve hundred dollars ; of Plymouth, nine hun- 
shaii be from drcd dollars ; of Worcester, two thousand dollars ; and the 
January, 6/. ^^-^ salaries shall be paid from the first day of January last. 
^^«p6ai. Section 2. All acts and parts of acts inconsistent here- 

with, are hereby repealed. 

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

Approved June 1, 1867. 



Chajy.UQ 



An Act authorizing the Sheffield railroad company to lease 

its road, and for other purposes. 
Be it enacted, ^~c., as follows : 
May lease to SECTION 1. The Sheffield Railroad Company is herebv 

New York &.nd -» i ** •/ 

Harlem, and authorizcd, either in connection with the Salisbury Railroad 

orfi'rsrco!i OT^' Couipauy or otherwise, to contract witli the New York and 

o"erIte°r"a" *° Harlcm Railroad Company to lease its road to said last 

named company, or to allow said company to operate the 

road of said Sheffield Railroad Company. 

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

Approved June 1, 1867. 

Chart 347 '^^ ^^^ concerning clam-uait. 

Be it enacted, Sfc, as follows. • 
'•Barrel" of, Section 1. Wheu clam-bait is sold by the barrel, it shall 

prescribed"" ''" ^ be construed to mean a fish barrel, of not more than twenty- 
nine gallons, nor less than twenty-eight, and shall contain 
twenty-six gallons of clams and not over three gallons of 



1867.— Chapters 348, 349. 743 

pickle. If a disagreement arises between the purchaser and Buyer ana seiier 

11 .. ,., .,1 11 failing to agree, 

seller respecting its quantity, either party may call on an either may caii 
inspector of fish and have it measured, and if it does not *°-'P'^'=""'- 
contain the number of gallons of clams aforesaid, the seller 
shall receive pay for only the number of gallons each barrel 
contains, and shall pay the expense of measuring and coop- Expense. 
ering ; otherwise the purchaser shall pay the expense. 

Section 2. Section sixty of chapter forty-nine of the g. s. 49 § co re- 
General Statutes is hereby repealed. ^^'^^ ' 

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

Approved June 1, 1867. 

An Act in rklation to the transmission of dispatches by tel- QJidj)^ 348 

EGKATH companies AND ASSOCIATIONS. ^' 

Be it enacted, &'c., as/oJloivs: 

Telegraph companies and associations shall, under the pii^" receive 

• •r» .-x ^1 i • J. r fiir^ 1 from other eorn- 

provisions oi section ten ol ciiapter sixty-iour ot tlie bencral pa„iesaud 
Statutes, receive, compute and transmit dispatches received auIT'tnlnrmi't'at 
at their offices from other telegraph companies, or by mail, Xn" ken from 
at the same rates of charge as for dispatches received for person. 
transmission from individuals, in person, at the same offices, 
bearing date of the day and at the place of the office where 
the same is received. For every wilful neglect or refusal to Penalty for re- 
comply with the foregoing provisions by a telegraph company ^"^^1 ^ neglect. 
or association, it shall forfeit a sum not exceeding one hun- 
dred dollars, to be recovered in an action of tort, by the 
person, company or association sending or desiring to send 
the dispatch. Approved June 1, 1867. 

An Act to increase the salaries of district-attorneys, and Qhnu 349 

OF THE CONSTABLE OF THE COMMONWEALTH. l' 

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

Section 1. The annual salaries of the district-attorneys District attor- 
for the northern, eastern, south-eastern, southern, middle "*^*'^''^"''^' 
and western districts shall hereafter be fifteen hundred dol- 
lars each ; for the north-western district, one thousand dol- 
lars ; for the Suffolk district, thirty-five hundred dollars, and 
of the assistant district-attorney for the Suffolk district, 
twenty-one hundred dollars; to be paid to them, respec- shaiitepaid 
tively, out of the treasury of the Commonwealth in quarterly from Jan.' '67. 
payments, and in tiiat proportion for any part of a year, and 
from the first day of January last. 

Section 2. The annual salary of the constable of the constable of 
Commonwealth shall be three thousand dollars, payable from 
the first day of January last, out of the treasury of the 
Commonwealth, as now provided by law. 

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

Approved June 1, 1867. 



744 1867.— Chapters 350, 351. 

Chan 350 -'^^^ -^^^ '^'-* IXCOUrORATE the new BEDFORD AND BOSTON TELE- 
' ' ' GRAPH COMPANY. 

Be it enacted, iVc, as follows: 

Corporators. SECTION 1. Jouatliaii Boiiruc, juiiior, Andrew G. Pierce, 

William W. Crapo, their associates' and successors, are 
hereby made a corporation by the name of the New Bedford 
Purpose. and Boston Telegraph Company, for the purpose of con- 

structing, maintaining and using for hire a line of telegraph 
connecting the city of Boston with the city of New Bedford, 
and any other places on the southern coast of the Common- 
Privileges and re- wcaltli ; witli all thc powcrs and privileges, and subject to all 
strictions. ^Ijq duties, rcstrictious and liabilities set forth in all general 

laws that now are or hereafter may be in force relating to 
such corporations. 
May hold estate. SECTION 2. Said corporatiou may hold such real and per- 
sonal estate as may be necessary for the purpose aforesaid, 
Capital stock and iiot cxcecding the amount of its capital ; but the whole cap- 
Biiares. -^^^^ stock shall uot exceed one hundred thousand dollars, to 

Condition of in- bc dividcd iuto sharcs of one hundred dollars each ; and it 
earring liability. ^^^^^^ .^^^^^^^ ^^^ liability till twcuty per cent, of its capital 

stock has been paid in, in cash. 

Section 3. !rhis act shall take effect upon its passage. 

Approved June 1, 1867. 

Chdi) 351 ^^ -^^^ CONCERNING THE CARRYING OF THE MAILS OF THE UNITED 
' ' STATES CY RAILROAD CORPORATIONS. 

Be it enacted, S^'c, as follows: 
whenpostmas- SECTION 1. EvciT coi'poration owuiug or operating any 
agent, request, rallroad iu tliis Commonwealth shall when requested by the 
corporation shall postmaster-gencral of the United States, or by any author- 
ized agent of the post-office department of the tJnited States, 
carry the mails of the United States at such times and upon 
such trains as may be desired by the postmaster-gencral, or 
by such agent, upon the terms provided in this act. 
May notify by SECTION 2. If thc railroad corporations aforesaid, or any 

to^Mms°offe'red° of tlicm, shall bc unable to agree with the postmaster-gen- 
sowedn'om con- cral or other proper officer of the United States, as to the 
tract after three compcnsation to bc paid for such transportation, any such 

months, unless ., ^ -, ,. ^ ,^l>.^ , , ^ c -i 

United States railroad corporation may notiiy the postmaster-general oi its 
JuaiciarcoTTfor uiiwillingiiess to carry such mails upon the terms proposed 
by him ; and after such notice, deposited in any post-office 
in this Commonwealth, addressed to the postmaster-general, 
such railroad shall be absolved from the duty of carrying the 
mails, as provided in this act, after the expiration of three 
months from the depositing of such notice, unless thc post- 
master-general, or some officer or agent of the post-office 
department of the United States shall, within that time, file 



commissioners. 



be had for other 
two years. 



1867.— CHArxER 352. 745 

a petition in the supreme judicial court of tliis Common- 
wealth, in any county, praying for the appointment of three 
commissioners to fix the price to he paid for such service by 
such corporation ; and the court, upon due notice to such May be so ad- 
railroad corporation, shall appoint three commissioners to iervL and for 
hear and determine the compensation to be paid by the ll°J^^"^^^^' 
United States for such service, the award of a major part of 
whom being made to and confirmed by said court shall be 
final as to all past service, and for the period of two years 
after the confirmation of such award. 

Section 3. On application of either party to such pro- upon expiration 
ceeding, at any time after the expiration of two years from procTe'dingTmay 
the confirmation of such award, the matter may, on petition 
to the court by either party, be re-opened, and the same or 
other commissioners shall rehear the parties, and the award 
of the major part of said commissioners made to and con- 
firmed by the court, shall be binding on the parties for other 
two years, when like proceedings may be had on petition of 

either party. Approved June 1, 1867. 

An Act to establish and define the boundary line between QJiap. 352 

TAUNTON AND LAKEVILLE. ■*' 

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

Section 1. The boundary line between the city of Taun- Line determined 
ton and the town of Lakeville, determined by the commis- er unde"act°of 
sioner appointed by his excellency the governor, under the and'estabfi^he'd 
act passed the sixteenth day of March in the year eighteen 
hundred and sixty-six, entitled " An Act to appoint a com- 
missioner to establish and define the boundary line between 
Taunton and Lakeville," and reported by the said commis- 
sioner to this legislature, is declared to be, and tlie same 
shall constitute a part of the boundary line between said city 
of Taunton and the town of Lakeville, as follows, to wit : 
Beginning at an old stone monument twenty-three feet Bounds defined. 
north-westerly from the northerly end of the small stone 
bridge over Baiting Brook ; thence running on the north- 
westerly side of the road or way in a line twenty-five feet 
distant from the centre of the way as now travelled, about 
sixty-two rods, until coming to a point opposite the dwelling- 
house of William Paul on the opposite side of the road ; 
thence a distance of about three and one-third rods to a new 
stone post, in the range of the fence, with the letter T marked 
on the north-westerly side, and the letter L on the opposite 
side ; thence in a straight line ranging about with the fence on 
the north-westerly side of the road, a distance of about nine- 
teen and two-thirds rods to a new stone post in an angle of 

37 



14.6 1867.— Chapter 353. 

the fence, marked T on the north-westerly side and L on the 
opposite side ; thence in a straight hnc on the nortli-wcstcrly 
side of the road about twenty-four rods, to a small stone 
pitched in the ground, an old monument, marked with the 
letter T on the north-westerly side, and the letter L on the 
opposite side ; thence in a straight line about thirty rods to 
an old stone monument anciently marked T on the north- 
erly side, and M on the opposite side ; thence in a straight 
line on the northerly side of the meeting-house about fifty- 
five rods, to a tall stone post anciently marked M on the 
southerly side and T on the northerly side, standing two rods 
southerly of a large buttonwood tree in the corner formed by 
two roads, one leading by Myrick's Station to Assonet Vil- 
lage, in the town of Freetown, and the other directly to the 
city of Taunton ; thence on the north-westerly side of the 
road, a distance of forty-three and one-fourth rods in a 
straight line to a corner formed by two walls ; thence by the 
wall and fence on the north-westerly side of the way about 
sixty-six and three-fourths rods, to a new stone post set in 
the ground, in the line of the wall, with the letter L marked 
on the north-easterly side or end, and the letter T on the 
opposite side or end ; then crossing the road to a new stone 
post set in the ground in the line of the wall on the south- 
easterly side of the road, with the letter L marked on the 
north-easterly side or end, and tbe letter T on the opposite 
side or end ; thence by the wall and fence on the south- 
easterly or southerly side of the road, a distance of three 
hundred rods to a stone post newly set on the south-easterly 
side of the wall or fence, marked L on the south-easterly 
side, and T on the opposite side ; thence in a straight line to 
a long stone pitched in the ground on the southerly side of 
the road leading from Myrick's Station, aforenamed, to Bait- 
ing Brook. All the territory on the north-westerly and 
northerly side of said line shall belong to and be in the city 
of Taunton ; and all the territory on the south-easterly and • 
southerly side of said line shall belong to and be in the town 
of Lakeville. 

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

Approved June 1, 1867. 
An Act in addition to an act to enable the city of boston to 

ABATE A NCISANCE THEREIN, AND FOR THE PRESERVATION OF THE 
PUBLIC HEALTH IN SAID CITY. 

Be it enacted, S)'c., as follows : 
City may lay SECTION 1. Thc city of Bostou is hcrcby authorized to 

through streets lay railway tracks through any street or streets of said city, 
for transporta- ^^^^ ^^ maintain them so long as it may be necessary to enable 



Chap.^bS 



1867.— Chapter 354. 747 

them to transport earth and other material to fill np tlie tionofmateri-iis 
Chnrcli Street district, so called, and to abate the nuisance cUstricT 
existing therein, under the provisions of the act entitled "An 
Act to enable the city of Boston to abate a nuisance therein, 
and for the preservation of the public health in said city," 
passed at this present session. 

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

Approved June 1, 1867. 
An Act for the improvemknt of the harbor of boston and px^ji 354 

THE commonwealth's FLATS THEREIN. -» * ' 

Be it enacted, cS'c, as follows : 

Section 1. The board of harbor commissioners is hereby Harbor commis- 
authorized and empowered to contract with any responsible tractfor^eY-waui 
person or persons for the construction of a continuous sea- f°'^Jf fl^jg^^"' 
wall upon the flats of the Commonwealth in Boston harbor, 
as hereinafter described. They are also authorized and em- 
powered to contract for the dredging and deepening of such 
flats as are in front of said sea-wall, for the purpose of filling 
so much of the flats of the Commonwealth as may be included 
within a line behind said wall, and parallel therewith, such 
filling to be extended inwardly only so far as may be neces- 
sary to support the sea-wall, and upon the following terms 
and conditions. The sea-wall shall be commenced at or Location of waii 
near the point of intersection of the line marked A on the '^*^^"'*'^- 
commissioners' line, established by chapter three hundred 
and eighty-five of the acts of the year one thousand eight 
hundred and fifty-three, with the easterly line of Fort Point 
Channel, and shall be built from that point, and within and 
parallel witli the exterior line to the point known as Slate 
Ledge, as laid down on the plan for the occupation of the 
flats owned by the Commonwealth in Boston harbor, approved 
by the legislature in the eighty-first chapter of the resolves 
of the year one thousand eiglit hundred and sixty-six, or 
upon any modifications of said plan hereafter made. 

Section 2. The board of liarbor commissioners shall commissioners 

1 l^ • TfiTi •* Tji may niodify cer- 

have authority to modiiy the line between point A and the tain une. 

point where the curve strikes the exterior line recommended 

by the United States commissioners on Boston harbor, and waiishaiibeso 

the sea-wall shall be built in accordance with the line so ^"'"' 

modified. 

Sections. An engineer shall be appointed by the gov- Engineer to be 
ernor, whose duty it shall be to prepare plans and specifica- governor'! duties. 
tions for proposals and contracts for the construction of said 
sea-wall, dredging and filling. He shall consult with the 
harbor commissioners, and shall locate said w^all and decide 



748 



1867.— Chapter 355. 



Plans of engineer 
for contracts; 
governor and 
council to ap- 
prove ; also to 
accept proposals. 



Engineer to su- 
perintend works. 



Compensation. 



Authority to 
Boston Wharf 
company, under 
(, 1 ch. 455, 1853. 
to further extend 
pier, revoked. 



Exception. 



Engineer to 
make hydro- 
graphical sur- 
veys. 



Appropriation for 
works. 



upon the amount of dredging and width of filling behind 
the sea-wall, having due regard for economy and strength, as 
well as the proper direction of the currents in Boston har- 
bor. All plans and specifications for contracts prepared by 
said engineer, shall be submitted to the governor and coun- 
cil ; and if approved by tliem, the commissioners shall adver- 
tise for proposals for the work ; which proposals shall be 
submitted to the governor and council ; and when any pro- 
posals are approved and accepted by them, the commissioners 
shall sign such contract as the representatives of the Com- 
monwealth. The engineer shall have the superintendence 
of all the works to be done in pursuance of this act, under 
the direction of the board of harbor commissioners. The 
compensation of the engineer shall be fixed by the governor 
and council. 

Section 4. All license and authority to the Boston Wharf 
Company to extend their wharf over so much of the terri- 
tory referred to in section one of chapter four hundred and 
fifty-five of the acts of the year eighteen hundred and fifty- 
five, as lies between lines marked A and B, described in 
chapter three hundred and eighty-five of the acts of the year 
eighteen hundred and fifty-three, are hereby revoked, except 
so far as substantial structures may have been erected by 
said company thereon. 

Section 5. It shall be the duty of the engineer appointed 
under this act, to cause hydrographical surveys to be made 
from time to time, for the purpose of determining the effect 
upon the harbor of the structures and filling in connection 
with the dredging herein authorized, aiid in case it shall 
appear that the same injuriously affect the harbor, by reason 
of the displacement of tide-water, compensation shall be 
made therefor, in such manner and to such an extent as the 
legislature shall liereafter determine. 

Section 6. For the works to be done under this act, the 
sum of two hundred thousand dollars is hereby appropriated, 
and shall be allowed and paid. 

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

Approved June 1, 18G7. 



An Act concerning the municipal court of the city of boston. 
Be it enacted, §'c., as follows : 
Judge of mav, in SECTION 1. Ally judgc of the municipal court of the city 



Chap. 355 



absence ol judge 



of probate, com- of Bostou may, in the absence of the judge of probate for 

lunftUc'^hoBpitais. ^^^"^ couuty of Suffolk aiid not otherwise, commit to the state 

lunatic hospital at Taunton, and the Boston lunatic hospital, 

any insane person, who, in their opinion, is a proper sultject 



1867.— Chapter 355. 749 

•for its treatment or custody, in accordance with the provis- 
ions of chapter two hundred and twenty-three of the acts of 
the year one thousand eight hundred and sixty-two, and the 
acts in addition thereto. 

Section 2. Sections seven, eidit, nine, eleven, twelve, section? of oh. 

. 1*''9 G S to an- 

thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nine- pTy to'dvu ac- 

teen, twenty, twenty-three, twenty-four, twenty-five, twenty- coTrt.'" ''"'^ 

six, twenty-seven, twenty-eight, thirty-nine, forty, fifty-nine, 

sixty, sixty-one, seventy-one and seventy-eight, of chapter 

one hundred twenty-nine of the General Statutes shall apply 

to civil actions before said court : provided^ hoivever, that Proviso. 

answers in compliance with said chapter shall be filed only 

when required by rules and orders of said court. 

Section 8. No writ or process, issued by said court in writ or process 
civil actions or proceedings, shall run into or be served in ^JrVed^Xther 
any county other than Suffolk county, except as provided in ''"""'v, excerpt 

. /»! 1111 i 1- under G. S. 142 § 

section seven oi chapter one hundred and twenty, and m 7. 

section seventy-seven of chapter one hundred and forty-two 

of the General Statutes. And in all civil actions in said if served in civu 

court wherein the writ or process is served upon the defend- county!exc°ept as 

ant in any county other than Suffolk county, except as erytss'thar"'" 

above provided, if the plaintiff finally recovers a sum not ff^' ^Siff^s '"^ 

exceeding twenty dollars, for debt or damages, he shall be costs. 

entitled to no costs, except as provided in the following 

section ; but the defendant shall recover the costs to which Defendant's right 

he would have been entitled if he had been the prevailing ^'"'°^^^- 

party. 

Section 4. If the plaintiff's claim in a writ served upon puunfirs claim ; 
the defendant out of Suffolk county, as established on the To'exceed s2o!'^ 
trial, exceeds twenty dollars, and is reduced to that amount 
or less or overbalanced liy set-offs which could not have been 
proved in payment, it shall be considered for the purposes of 
the preceding section as having exceeded twenty dollars, and 
the party who finally recovers judgment in the suit shall be 
entitled to his costs. 

Sections. Original writs issued by said court for civil writs in civii 
business, shall be served not less than seven and not more mly'be served! 
than sixty days before the day on which they are return aide ; 
but in all cases where service is made in any county other 
than Suffolk, said service shall be made at least fourteen 
days before the day on which they are returnable. 

Section 6. The clerk of said court for civil business cierkforcivii 
may, sulyect to the approval of the justices of said court, or pou5tXiTtant7" 
a majority of them, appoint an assistant-clerk, who shall be ji>^^t|ees to ap- 
rcmovable at his pleasure, and for Avhoso doings he shall be 
responsible, and who shall be qualified and give bond in the 



750 



1867.— Chapters 356, 357. 



Salary of assist- 
ant. 



Chap. ^56 



Clerk for ciTil 
businesg, salary. 



Clerk for crim- 
inal business, as- 
sistants. 



same manner as is now provided by law for the assistant- 
clerks appointed bj the clerk of said court for criminal busi- 
ness. He shall receive an annual salary of twelve hundred 
dollars, to be paid or retained in the same manner as is now 
provided by law for the assistant-clerks appointed by the 
clerk of said court for criminal business. 

Approved June 1, 1867. 

An Act concerning the salaries of certain clerks of the 

MUNICIPAL court OF THE CITY OF BOSTON. 

Beit enacted, Sj'c, as follows: 

Section 1. There shall be retained out of the fees 
received by the clerk for civil business of the municipal court 
of the city of Boston, which he is required l>y law to account 
for, an annual salary of two thousand five hundred dollars for 
his official acts and services: provided, that he shall receive no 
other compensation for any official acts and services; and pro- 
vided, further , that the amount received by him from the state 
treasury for the first quarter of the present year shall be 
deducted therefrom ; and there shall be retained out of the 
fees received hy the clerk for criminal business of said muni- 
cipal court and paid to the first assistant-clerk for criminal 
business of said court, an annual salary of two thousand dol- 
lars ; to the second assistant-clerk for criminal business, one 
thousand eight hundred dollars ; and to the third assistant- 
clerk for criminal business, one thousand five hundred dollars, 
deducting all amounts due or paid them for salaries from the 
state treasury to the first day of June, in the year eighteen hun- 
dred and sixty-seven : provided, however, that no other fees 
shall be received by said clerks for services performed by them. 

Section 2. Such salaries shall be allowed and paid from 
the first day of January last ; and all acts and parts of acts 
inconsistent herewith are hereby repealed. 

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

Approved June 1, 1867. 

Chap.Zol An Act FIXING THE salaries of -judges, registers and assist- 
ant-registers OF probate and insolvency, and for other 

purposes. 
Be it enacted, §'c., as follows : 

Section 1. Judges, registers and assistant-registers of 
probate and insolvency shall receive from the treasury of the 
Commonwealth annual salaries, as follows : For the county 
of Suffolk, tlic judge and register, each three thousand dol- 
lars, and the assistant-register, fifteen hundred dollars. For 
the county of Middlesex, the judge, twenty-five hundred dol- 
lars, the register, two thousand dollars, and the assistant- 
register, fifteen hundred dollars. For the county of Essex, 



ProTiso. 

Payment. 

Kepeal. 



Salaries estab 
lished. 



Suffolk. 



1867.— Chapter 358. 751 

the judge, twenty-five Imndrcd, the register, two thousand 
dollars, and the assistant-register, fifteen hundred dollars. 
For the county of Worcester, the judge, twenty-five hundred Worcester. 
dollars, the register, two thousand dollars, and the assistant- 
register, fifteen hundred dollars. For the county of Norfolk, Norfolk, 
the judge, two thousand dollars, the register, fifteen hundred 
dollars, and the assistant-register, eight hundred dollars. 
For the county of Bristol, the judge, fifteen hundred dollars, Bristol. 
and the register, thirteen hundred dollars. For the county Hampden, 
of Hampden, the judge, thirteen hundred dollars, and the 
register, twelve hundred dollars. For the county of Ply- Plymouth, 
mouth, the judge, thirteen hundred dollars, and the regis- 
ter, twelve liundred dollars. For the county of Berkshire, Berkshire. 
the'judge, twelve hundred dollars, and the register, twelve 
hundred dollars. For the county of Hampshire, the judge, Hampshire. 
nine hundred dollars, and the register, nine hundred dollars. 
For the county of Barnstable, the judge, nine hundred dol- Bamstahie. 
lars, and the register, nine hundl^ed dollars. For the county Frankun. 
of Franklin, the judge, nine hundred dollars, and the regis- 
ter, nine hundred dollars. For the county of Nantucket, Nantucket. 
the judge, five hundred dollars, and the register, six hun- 
dred dollars. For the county of Dukes county, the judge, Dukes. 
five hundred dollars, and the register, six hundred dollars. 
And all such salaries shall be paid from the first day of Jan- 
uary last. 

Section 2. No person holding the office of register of u. s. register of 
bankruptcy under the laws of the United States, shall at the not howSTn' 
same time hold any judicial office, except that of justice of °®<=«^- 
the peace, nor the office of clerk or assistant-clerk of any 
court, nor register or assistant-register of probate, or of pro- 
bate and insolvency, under the laws of this Commonwealth. 

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

Approved June 1, 1867. 

An Act in furtheh addition to an act making appropriations 
to meet certain expenditures authorized the present year, 



Chap.^b^ 



AND FOR OTHER PURPOSES. 

Be it enacted^ ^t., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated to be paid out of the treasury of this Commonwealth, ^"''^°"^«<^- 
from the ordinary revenue, 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 seventy, in favor of Sarah J. David- s. j. Davidson, 
son, the sum of forty-eight dollars. 

In the resolve, chapter seventy-one, in favor of Mary m. jiaguire. 
Maguire, the sum of thirty-six dollars. 



752 



1867.— Chapter 358. 



N. C. Stearns. 



H. M. Needham. 



Second regiment 
cavalry. 



Herman Ilaupt. 
Eliz. Maloney. 
T. Connolly. 
E. K. Williams. 



Printing Provin- 
cial laws. 



Legislature and 
council, pay of 
members and 
officers. 



Judges and regis- 
ters probate and 
insolvency. 



Flats at South 
Boston. 



F. E. Coggin. 

Elizabeth Evans. 
Sarah F. Ames. 



Secretary board 
of education. 



Ill the resolve, chapter seventy-two, in favor of Nathaniel 
0. Stearns, the sum of ninety-five dollars and sixty-seven 
cents. 

Ill the resolve, chapter seventy-four, in favor of Hannah 
M. Needham, the sum of one hundred and twenty-eight 
dollars. 

In the resolve, chapter seventy-six, in favor of the Massa- 
chusetts second cavalry, a .sum not exceeding eleven thou- 
sand dollars. 

In the resolve in favor of Herman Haupt, the sum of 
twenty-two thousand eight hundred and fourteen dollars. 

In the resolve in favor of Elizabeth Maloney, the sum of 
fifty-six dollars. 

In the resolve in favor of Timothy Connolly, the sum of 
three hundred and twenty-five dollars. 

In the resolve in favor of Eliza K. Williams, the sum of 
one hundred and thirty-two dollars. 

In the resolve in relation 'to the publication of the provin- 
cial laws, a sum not exceeding ten tiiousand dollars, payable 
on properly approved vouchers filed with the auditor. 

In the resolve establishing the compensation of the mem- 
bers, assistant-clerks and chaplains of the senate and house 
of representatives, and of the executive council, a sum not 
exceeding one hundred and thirty-eight thousand dollars, in 
addition to the amounts heretofore appropriated. 

In the resolve establishing the compensation of the door- 
keepers, messengers and pages of the senate and house of 
representatives, a sum not exceeding six thousand two hun- 
dred dollars, in addition to the amount heretofore appropri- 
ated. 

In the resolve establishing the salaries of the judges, regis- 
ters and assistant-registers of probate and insolvency, a sum 
not exceeding nine thousand five hundred dollars, in addition 
to the amount heretofore appropriated. 

In the resolve relating to tlie Commonwealth flats at South 
Boston, a sum not exceeding five thousand dollars, payable 
upon properly approved vouchers filed with the auditor. 

In the resolve in favor of Francis E. Coggin, the sum of 
one hundred and forty-four dollars. 

In the resolve in favor of Elizabeth Evans, the sum of 
thirty-two dollars and sixty-six cents. 

In the resolve in favor of Sarah F. Ames, the sum of two 
thousand five hundred dollars. 

In the act, chapter two hundred and seventy-six of the 
present year, establishing the salary of the secretary of the 



1867— Chapter 358. 753 

board of education, a sum not exceeding five hundred dol- 
lars, in addition to the amount heretofore appropriated. 

For expenses of the legislative committee on ])risons, a committee on 
sum not exceeding one hundred and thirtj-five dollars and p"^°°^''^^p*'''^^''- 
eighty-five cents. 

In the act establishing the salaries of the clerks of the cierks of senate 
senate and house of representatives, and of the sergeant-at- sergernrat- 
arms, a sum not exceeding nine hundred dollars, in addition '"^°'*- 
to the amounts heretofore appropriated. 

In the act establishing the Haverhill police court, a sura Police court, 
not exceeding nine hundred dollars, for the salaries of the ries!^'^ ' '*'^'^" 
justice and clerk of said court, for the balance of the present 
year. 

In the act establishing the salaries of certain clerks of the cierus timnicipai 
municipal court of the city of Boston, a sum not exceeding '^°'^^^' i^fston. 
one thousand four hundred dollars, in addition to the amount 
heretofore appropriated. 

In the act establishing the salaries of the district-attorneys, cistrict-attor- 
and of the constable of the Commonwealth, a sum not gfatli constable, 
exceeding three thousand five hundred dollars, in addition 
to the amounts heretofore appropriated. 

In the act relating to certain works on the Commonwealth Encineer Boston 
flats in Boston harbor, a sum not exceeding five thousand ^'^'^''°'^- 
dollars, for the compensation and expenses of the engineer 
therein provided for. 

The following sums shall be allowed and paid : 

For expenses of the state commissioner on the Antietam commissioner 
and Gettysburg national cemeteries, for the present year, a t'eHes"''' "™^" 
sum not exceeding one hundred and fifty dollars. 

For certain expenses incurred by the superintendent of the superintendent 
state almshouse at Bridgewater, for the executive council, Bd'jge°wa^er. 
and tuition of children, a sum not exceeding sixty dollars. 

For the support of the Dudley Indians, a sum not exceed- Dudley Indians. 
ing two hundred dollars, in addition to the amount hereto- 
fore appropriated ; and for necessary repairs of the house 
occupied by said Indians, a sum not exceeding two hundred 
dollars. 

For such furniture and fixtures as the auditor may find Auditor, f.imi- 

. . , , , ii • 1 • 1 • ture for office. 

necessary, in connection with the change authorized m Ins 
department by order of the present legislature, a sum not 
exceeding five hundred dollars. 

For furniture, painting, and such other improvements, in state house im- 
addition to those authorized in resolve chapter eighty-four of p^ovements. 
the present session of the legislature, as the commissioners 
named in said resolve may deem necessary, a sum not 
ej:ceeding twenty thousand dollars. 

38 



754 1867.— Chapter 359. 

House journal, For copjiiig aiid Superintending the printing of the 

copyiug. journal of the House, in accordance with an order of the 

same, a sum not exceeding one hundred dollars. 

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

Approved June 1, 1867. 

Chcip.Sod -^^ -^^"^ '^^ UNITE THE CITIES OF BOSTON AND ROXBURY. 

Be it enacted, Sj'c, as foUoics : 
Eoxbury annex- SECTION 1. All that territory now comprised within the 
made part of suf- limits of thc citj of Roxburj, in the county of Norfolk, with 
folk county. ^j^g iuJiabitauts and estates therein, is hereby annexed to and 
made part of the city of Boston, in the county of Suffolk, 
and shall hereafter constitute a part of the county of Suffulk, 
subject to the same municipal regulations, obligations and 
liabilities, and entitled to the same immunities in all respects, 
Proviso: for civil as tlic Said city of Boston: jrrovided, hou'ever, that until 
coTit^nue'lTnow coustitutioually and legally changed, said territory shall con- 
uutii changed, tiuuc to be, for the purpose of electing members of the house 
of representatives, part of the county of Norfolk, consti- 
tuting the third and fourth representative districts tliereof ; 
for the purpose of electing a senator, part of the first Nor- 
folk senatorial district ; for the purpose of electing a coun- 
cillor, part of council district number three, and for the 
purpose of electing a representative in congress, part of 
congressional district number three, as the same are now 
constituted. 
Duties pertaining All thc dutics uow rcquircd by law to be performed by the 
transferre"d to uiayor aiid aldermeu and city clerk, of the city of Roxbury, 
Boston. Qj, either of them, pertaining to the election of representa- 

tives in congress, state councillors, senators and members of 
the house of representatives, shall in like manner devolve 
upon, and be performed by the board of aldermen and city 
clerk of the city of Boston. 
Duties of ward It shall bc the duty of the ward officers of the several 
w^rdferectel wards, that shall be erected out of said territory as herein- 
after provided, to make return of all votes that may be cast 
therein, from time to time, for representatives in congress, 
state councillors, senators, members of the house of repre- 
sentatives, and for all other national, state, district, county, 
municipal and "ward officers, to the city clerk of the city of 
Boston. 
Public property SECTION 2. All the public property of the said city of 
nicipii'rtghts^"" Roxbury shall be vested in and is liereby declared to be tlie 
wlionsX'^vest propcrty of the city of Boston ; and said city of Boston 
iu Boston. giiall succeed to all the rights, claims, causes of action, rights 

to uncollected taxes, liens, uses, trusts, duties, privileges 



1867.— Chapter 859. 755 

and iinmuiiitics of said city of Roxbury. The city treasurer Treasurer of rox- 
of the city of Roxbury shall, on or before the second Mon- oTe7books pl-"^ 
day of January, in the year eighteen hundred and sixty- P^[y'""^P'^°P* 
eight, under the direction of the mayor and aldermen of 
said city of Roxbury, who shall, for this purpose, and for all „|%Vhom^ovJr 
other purposes necessary to carry into full effect the provis- for same acd for 
ions of this act, continue to hold their offices over, transfer, acts!^''" 
deliver, pay over and account for to the city treasurer of the 
city of Boston, all l)Ooks, papers, moneys and other property 
in his possession as city treasurer of said city of Roxbury, 
when this act shall take effect ; and the city of Boston shall Boston shaii as- 
become liable for and subject to all the debts, obligations, ^ 
duties, responsibilities and liabilities of said city of Roxbury. 
All actions and causes of action which may be pending, or Pending actions 
which shall have accrued at the time this act shall take '^^ 
effect, in behalf of or against the city of Roxbury, shall sur- 
vive and may be prosecuted to final judgment and execution, 
in behalf of or against the city of Boston. 

Section 3. The several courts within the county of Suf- Jurisdiction of 
folk, after this act shall take effect, shall have the same juris- and'^Norfom 
diction over all causes of action and proceedings in civil '■""'^<"^^- 
causes, and over all matters in probate and insolvency, which 
shall have accrued within said territory hereby annexed, that 
said courts now have over like actions, proceedings and mat- 
ters within the county of Suffolk : provided, however, that 
the several courts within the county of Norfolk shall have 
and retain jurisdiction of all actions, proceedings and mat- 
ters, that sliall have been rightfully commenced in said 
courts prior to the time when this act shall take effect ; and 
the supreme judicial court and the superior court within the 
county of Suffolk, after this act shall take effect, shall have 
the same jurisdiction of all crimes, offences and misdemean- 
ors, that shall have been committed within the said territory, - 
that the supreme judicial court and superior court within 
the county of Norfolk now have jurisdiction of: provided, 
proceedings shall not have been already commenced in any 
of the courts within the county of Norfolk, for the prosecu- 
tion of said crimes, offences and misdemeanors; in which 
case the said courts within the county of Norfolk shall have 
and retain jurisdiction of the same for the full, complete and 
final disposition thereof. All suits, actions, proceedings, 
complaints and prosecutions ; and all matters of probate and 
insolvency which shall be pending within said territory, be- 
fore any court or justice of the peace, when this act shall 
take effect, shall be heard and determined as though this act 
had not passed. 



756 



1867.— Chapter 359. 



Police court of 
Roxbury to be 
municipal court 
southera district 
of Boston. 



Jurisdiction 
defined. 



Appeals. 



Municip.al duties 
as to court. 



Fine.'! in and fees 
of court. 



City council of 
Boston shall di- 
vide annexed 
territory into 
wards. 



Clerks of wards, 
where to assem- 
ble. 



Aldermen to 
designate, and 
have powers now 
vested in county 
commissioners. 



Shall issue war- 
rants for election 
of oCBcers. 



Section 4. Said territory shall continue a judicial dis- 
trict under the jurisdiction of the police court of the city of 
Ro.xbury, which shall continue to exist, and shall hereafter 
be designated and known by the name of the municipal 
court for the southern district of the city of Boston. Said 
court shall have the same civil and criminal jurisdiction in 
said district and the same civil jurisdiction in the county of 
Suffolk as the police courts, other than tliat of the city of 
Boston, have by law in their respective districts and coun- 
ties. 

Appeals shall be allowed from all judgments of said court, 
in like manner and to the same courts that appeals are now 
allowed from the judgments of the municipal court of the 
city of Boston. All acts and duties, (if any,) now incum- 
bent upon the city council of the city of Roxbury, or either 
branch thereof, relating to the said court of the city of Rox- 
bury, shall hereafter devolve upon and be performed by the 
city council of the city of Boston, All fines and forfeitures, 
and all costs in criminal prosecutions in said court, and all fees 
and charges received in said court in civil proceedings, shall 
be accounted for and paid over, in the same manner as is 
now provided for the municipal court within the city of 
Boston. 

Section 5. The city council of the city of Boston shall, 
as soon as may be after the fifth day of November in tlie year 
eighteen hundred and sixty-seven, divide the said territory 
into three wards, one of which shall comprise the same ter- 
ritory now comprised in said fourth representative district, 
and the other two shall be so constituted as to contain as 
nearly as practicable an equal number of legal voters ; and 
the wards thus established shall so remain until the altera- 
tion of the ward limits of said city of Boston provided by 
law. And the clerks of the said wards shall for the purposes 
mentioned in section eleven of the eighth chapter of the 
General Statutes of this Commonwealth assemble at such 
places as are or shall be required by law. And the board of 
aldermen are hereby authorized to designate such places, 
whenever such designation shall by law become necessary or 
proper, and said board shall succeed to all the powers and 
duties in reference to the same which are now vested in the 
county commissioners of the county of Norfolk. And each 
of the wards so established shall be entitled to all the muni- 
cipal and ward officers which each of the other wards of said 
city of Boston is entitled to. And the board of aldermen of 
said city of Boston shall, in due season, issue their warrants 
for meetings of the legal voters of said wards respectively, to 



1867.— Chapter 359. ' 757 

"be held on the second Monday of December in the year eight- 
een hundred and sixty-seven, at some place within said 
■wards respectively, which shall be designated in said war- 
rants, there first to choose a warden, clerk, and five inspec- 
tors of elections for each of said wards, who shall hold their Tenure of officers 
offices until the first Monday of January in the year eight- 
een hundred and sixty-eight, and until others shall be chosen 
and qualified in their stead ; second, to give in their ballots 
for the several municipal and ward officers for the year 
eighteen hundred and sixty-eight, for which they shall be 
entitled to vote by virtue of the provisions of this act. 

The voters of each of said wards shall designate, by their sohooi commit- 

,n ., . p'i'i'i tee, voters shall 

ballots cast at said meetnigs, the term ot service lor which designate terms. 

each of the six school committee men, who shall be chosen 

in each of said wards, shall serve, so that two of the number 

chosen in each ward shall serve for three years, two for two 

years, and two for one year. The board of aldermen of the usts of voters to 

city of Boston shall prepare lists of all the legal voters in 

said wards respectively, to be used at said meetings, and 

shall do all other things which they are now by law required 

to do in respect to lilse elections in the other wards in the city 

of Boston ; and at said meetings, any legal voter of said ward ni^eetings, 

wards respectively may call the citizens to order, and preside pro tempore. 

until a warden shall have been chosen and qualified. 

All ward officers whose election is provided for in this ward officers 
section shall be qualified according to law. The citizens of LsidencTof"" 
the territory by this act annexed to the city of Boston, shall ^n BostoVfor'"^ 
have the same right to vote for municipal officers, at the election of i867. 
annual municipal election of the city of Boston, in the year 
eighteen hundred and sixty-seven, as they would have had 
if said territory had formed part of the city of Boston for 
more than six months next before said election. 

Section 6. All provisions of law requiring an election of Repeal of law for 
municipal and ward officers for said city of Roxbury on the of'^RoTbiVio' 
second Monday of December in the year eighteen hundred December, '67. 
and sixty-seven, for the municipal year then next ensuing, 
are hereby repealed. 

Section 7. After the present municipal year, the board AWermen and 
of aldermen of the city of Boston shall consist of twelve Zton'T^nT/ 
members, and the common council of the city of Boston '^"^ °^ '^^^'^^ '67- 
shall consist of sixty members. The number of wards of wards. 
said city, including the wards to be formed out of the terri- 
tory hereby annexed, shall be fifteen. 

Section 8. The several police officers and watchmen that poiice officers 
may be in office in the city of Roxbury when this act shall RoxblTry'tocon"-^ 
take effect, shall thereafter continue in the discharge of their tinueasofBos- 



758 



1867.— Chapter 359. 



Interest of Rox- 
bury in county 
property to be 
released. 

Balance of in- 
debtedness to 
county, Boston 
to pay. 



S. J. court to 
have equity ju- 
risdiction over, 
in case of suit. 



Act not to impair 
contrite ts. 



Proviso: person 
required to pay 
towards present 
debt of county 
may recover 
same. 



Act not to take 
full effect unless 
accepted by vot- 
ers of said cities. 



Meetings for pur- 
pose. 



Polls. 



Ward oflicers pro 
tempore may be 
chosen. 



respective duties, in the same manner as if they were police 
officers and watchmen in the city of Boston, until others 
shall be appointed in their stead. 

Section 9. All the interest which the city of Roxbury 
now has in the public property of the county of Norfolk, is 
hereby released and acquitted to said county of Norfolk. 
Such proportion of the debts and obligations of the county 
of Norfolk, existing wlicn this act shall take full effect, over 
and above tlie value of all the property belonging to said 
county as should proportionally and equitably be paid by 
the inhabitants and property owners of the territory by this 
act annexed to the city of Boston, shall be paid by said city 
of Boston to said county of Norfolk; and the supreme judi- 
cial court shall have jurisdiction in equity to determine the 
amount of such proportion, (if any,) and enforce the pay- 
ment of the same upon a suit in equity, in the name of said 
county, to be brought therefor witliin six months after this 
act shall go into full operation, by the county commissioners 
of said county of Norfolk, if they shall deem such suit for 
the interest of said county; but no such suit shall be insti- 
tuted after said six months. 

Nothing contained in this act shall impair the obligation 
of contracts ; and the property and inhabitants of the terri- 
tory by this act annexed to the city of Boston shall continue 
liable to the existing creditors of the county of Norfolk, in 
like manner as if this act had not been passed : provided, 
that if any person, by reason of his being an inhabitant of, 
or owning property in, said territory, shall be compelled to 
pay any part of an existing debt or obligation of the county 
of Norfolk, the amount of such payment shall constitute a 
debt to him from said county as hereafter to be constituted, 
■exclusive of said territory, and may be recovered in like 
manner as other debts against the county of Norfolk. 

Section 10. This act shall not take full effect, unless 
accepted by a majority of the legal voters of each of said 
cities, present and voting thereon by ballot, at meetings 
which shall be held in the several wards of said cities, 
respectively upon notice duly given, at least seven days 
before the time of said meeting. Meetings for that purpose 
shall be held simultaneously in said cities on the second 
Monday of September next. And the polls shall be opened 
at nine o'clock in the forenoon of said day, and shall Ije 
closed at six o'clock in the afternoon. 

In case of the absence of any ward officer, at any ward 
meeting, held in either city for the purpose aforesaid, a like 
officer may be chosen pro tempore^ by hand vote, and shall 



1867.— Chapter 359. 759 

be duly qualified and shall have all the powers and be sub- 
ject to all the duties of the regular officer, at said meetings. 
Said ballots shall be " Yes " or " No " in answer to the Baiiots. 
question, " Shall an act passed by the legislature of the Com- 
monwealth in the year eighteen hundred and sixty-seven, 
entitled ' an act to unite the cities of Boston and Roxbury ' 
be accepted?" Such meeting shall be called, notified and Meetrngs respec- 
warncd by the mayor and aldermen of the city of Roxbury, warued. 
and the board of aldermen of the city of Boston, respec- 
tively, in the same manner in which meetings for the election 
of municipal officers in said cities, respectively, are called, 
notified and warned. The ballots given in shall be assorted, voting to be 
counted and declared, in the wards in which they are given, "'' "^ ^^'^°^ ' 
in open ward meeting, and shall also be registered in the 
ward records. The clerk of each ward in the city of Boston cierks of wards 
shall make return of all ballots given in, in his ward, and votes in Boston 
the number of ballots in favor of the acceptance of this act, |° Hoxbur" to"*^ 
and the number of ballots against said acceptance, to the mayor and aider- 
board of aldermen of the city of Boston, and like returns 
by the clerks of the several wards in the city of Roxbury 
shall be made to the mayor and aldermen of the city of 
Roxbury. All of said returns shall be made within forty- Time, 
eight hours of the close of the polls. 

It sliall be the duty of the board of aldermen of the city of said boards shaii 
Boston, and of the mayor and aldermen of the city of Rox- tary ofcommo'a- 
bury, respectively, to certify and return as soon as may be '^'^'^'*'i- 
tlie ballots cast in their respective cities, and the number of 
ballots in favor of the acceptance of this act and the number 
of ballots against said acceptance, in their respective cities, 
to the secretary of the Commonwealth. And if it shall Act being acoept- 
appear that a majority of the votes in each of said cities is in soVerut>and° 
favor of the acceptance of this act, the said secretary shall p"'"''^'^- 
immediately issue and publish his certificate declaring tliis 
act to have been duly accepted. 

Section 11. So much of this act as authorizes and directs Act may be sub- 
the submission of the question of acceptance of this act to upon passlge"^ 
the legal voters of said cities, respectively, provided for in the 
tenth section of this act, shall take effect upon its passage. 

Section 12. If this act shall be accepted as herein pro- if accepted by 
vided, it shall take effect on the fifth day of November, in the bffn foree!" " 
year eighteen hundred and sixty-seven, so far as to authorize, 
legalize and carry into effect the acts and provisions of the 
fifth, sixth and seventh sections of this act ; but for all other 
purposes (except as mentioned in section eleven of this act,) 
it shall take effect on the first Monday of January, in the 
year eighteen hundred and sixty-eight. 



760 1867.— Chapter 359. 

Proceedings in SECTION 13. If aiij electioii 01' balloting upon the ques- 
dedare 'ba'ii'o'tiDg tion of tlic acccptance of this act, by either of said cities, 
^°^^- shall within two months thereafter be declared void by the 

supreme judicial court, upon summary proceedings, which 
may be had in any county on the petition of fifty voters of 
either city, the question of accepting said act shall be again 
submitted to the legal voters of said city, and meetings there- 
for shall within thirty days thereafter be called, held and 
conducted, and the votes returned and other proceedings had 
thereon, in like manner as herein before provided. But no 
election or balloting shall be held void for informality, in 
calling, holding or conducting the election, or returning the 
votes, or otherwise, except upon proceedings instituted 
therefor and determined within sixty days thereafter, as 
aforesaid. Approved June 1, 1867. 



RESOLVES, 

GENERAL AND SPECIAL. 



Resolve in favor of increase n. emerton. Chat) 1 . 

Resolved, For reasons set forth in the petition of Increase Allowance of 3i!52 
N. Emerton, that there be allowed and paid out of the treas- authorized. 
iiry of the Commonwealth to said petitioner, the sum of 
fifty-two dollars. , Approved February G, 1867. 

Resolve in favor of herring pond plantation. CIlCW. 2. 

Resolved, That there be allowed and paid out of the treas- Auowance of 
ury of the Commonwealth, to the treasurer of the Herring ^f^schooi-hous'r 
Pond Plantation, the sum of five hundred dollars, ..to be 
expended under his direction in the erection of a school-house 
for the use of the inhabitants of said Herring Pond Planta- 
tion. Approved February 12, 1867. 

Resolve in favor of the guardian of the punkapog tribe of rf/^^y 3 

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 persons Vtli" '^^ 
tribe of Indians, for the benefit of tlie following members of *"'^''' 
said tribe, the following sums, to wit : For Sally Burr of 
Cambridge, one hundred dollars ; for Sally Burr of Boston 
and her son James Burr, one hundred dollars ; for Rebecca 
Davis of Boston, one hundred dollars ; for Polly Crowd, fifty- 
two dollars, in addition to the annuity now allowed ; for Isaac 
Williams, fifty-two dollars, in addition to the annuity now 
allowed, and for Charlotte E. Myers, one hundred dollars. 

Approved February 19, 1867. 

Resolve concerning the state printing. Chop. 4. 

Resolved, That the secretary of the Commonwealth, the contract author- 
chairman of the committee on printing of the senate, and the from*^fi^rs*t^juiy"^ 
chairman of the committee on printing of the house of rep- 18*^7. 
resentatives, the clerk of the senate, and the clerk of the 
house of representatives, be and they are hereby authorized 

39 



762 



1867.— Chapters 5, 6, 7. 



ProTiso : con- 
tracting party to 
giTe bonds. 



Chap. 5. 



and directed to contract for the execution of all the printing 
for the several departments of the state government for a 
term not less than two nor more than five years from the 
first day of July in the year eighteen hundred and sixty- 
seven, at such rates as said officers shall decide to be equita- 
ble between employer and employed, and for the best interest 
of the Commonwealth ; and said contract shall be subject to 
all the restrictions contained in the existing contract with 
the state printers : provided, that bonds satisfactory to the 
above-named officers, to the amount of ten thousand dollars, 
be given by the parties to whom the contract shall be 
awarded, for the faithful performance of their contract. 

Approved February 27, 1867. 

Resolve to pay the towns of oxford axd Randolph their pro- 

PORTIOX OF the school FUND FOR THE YEAR EIGHTEEN HUNDRED 
AND SIXTY-SIX. 

Sums forfeited Resolvcd, That thcrc be reserved out of the present year's 
re^servedftTrsaid iucomc of the school fuud, for the benefit of the towns of 
Oxford and Randolph, a sum equal to Vhatsaid towns would 
have received from the income of the same for the last year, 
if the returns of said towns had been received within the 
time allowed by law to the school committees of the towns 
and cities in the Commonwealth for making returns ; and 
that the sum so reserved be added to the share, if any, to 
which the said towns of Oxford and Randolph may be enti- 
tled from the present year's income of said fund. 

Approved March 2, 1867. 

Resolve in p.elation to the issue of arms to the Massachu- 
setts INSTITUTE OF TECHNOLOGY. 

Resolved, That his excellency the governor be authorized 
to issue to the president and faculty of the Massachusetts 
Institute of Technology, such arms for the use of that insti- 
tution as in his judgment may be so issued without detri- 
ment to the militia service : provided, the said president and 
faculty shall be held personally responsible for the same. 

Approved March, 2, 1867. 

Resolve making appropriations for the moneys to be refunded 

FROM THE treasury UNDER CHAPTER FORTY-SEVEN OF THE ACTS 
OF THE PRESENT YEAR. 

Resolved, That the sum of fifty-four thousand nine hun- 
dred and sixty-six dollars and thirteen cents be and the same 
hereby is appropriated for the payment of the moneys to be 
refunded from the treasury under the forty-seventh chapter 
of the acts of the present year. Approved March li, 1867. 



towns. 



Same to be added 
to share of '67. 



Chap. 6. 



Governor may 
issue, in discre- 
tion. 



ProTiso. 



Chap. 



Sum of S54,9G6. 
13 appropriated. 



1867.— Chapters 8, 9, 10, 11. 763 

Resolve to provide for improvements at the state prison. Chap. 8. 
Resolved, That there be allowed and paid out of the treas- Expenditure of 
ury of the Commonwealth, a sum not exceeding fifty thou- jf afundTrtoe'c- 
sand dollars, for the purpose of extending the west wing of ^°^ coundiy""" 
the state prison, providing additional cells, and furnishing 
the same ; fitting up a store-room and putting new windows 
into the hospital. The said improvements and expenditures 
to be made under the direction of the governor and council, 
and all payments to be made upon properly approved vouchers 
filed with the auditor. Approved March 15, 18G7. 

Resolve in favor of the marshpee schools. Chap. 9. 

Resolved, That the sum of seventy-five dollars be allowed Additional aiiow- 
and paid out of the moiety of the income of the school fund currentyear?"" 
applicable to educational purposes for the present year, to 
the treasurer of the district of Marshpee for the support of 
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 condition. 
appropriate and expend for the use of said schools, during 
the present year, twenty-five dollars in addition to the sum 
now annually paid by them for that purpose ; and the said Jj'^^^"™'^'^ *° 
treasurer shall, on or before the first day of October next, 
make a report to the board of education in relation to the 
expenditure of said money and the condition of the schools. 

Approved March 16, 1867. 

Resolve in favor of schools among the Indians of gay head. Chap. 10. 

Resolved, That there be allowed and paid, out of the Allowance of 
moiety of the income of the school fund applicable to educa- fund, foTsup'"'"' 
tional purposes, to John Mayhew of Edgartown, the sum of p"""'- 
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-seven ; and said Mayhew Report required, 
shall make a return of the expenditure of this money and 
the condition of the schools to the board of education, 
previous to the next session of the legislature. 

Approved March 16, 1867. 

Resolve in favor of barnard c. marchant, guardian of cer- pi^.j 1 1 

TAIN INDIANS IN DUKES COUNTY. ly J ' * 

Resolved, For reasons set forth in the petition of Barnard ^}^f^'^^^[. 
C. Marchant, guardian of the Christiantown and Chappe- christiantown 
quiddic tribes of Indians, that there be allowed and 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 
bQ necessary for the support of certain members of the 



764 1867.— Chapters 12, 13, 14, 15, 16, IT. 

Also, $104 in aid Christiantown tribe mentioned in said petition: also, tliat 
of schools. there be allowed and paid out of the moiety of the income 
of the school fund applicable to educational purposes, to the 
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-seven. 
Report required. And the Said guardiau shall on or before the first day of 
October next make a report to the board of education in 
relation to the expenditure of said money for schools and of 

the condition of the schools. Approved March 16,1867. 

Chan 12 Resolve in favor of the city of new Bedford. 

Allowance of Resolved, That there be allowed and paid from the treasury 

portoVcerui^^' of thc Commonwcaltli to the city of New Bedford the sum 

Maishpee"^ of ouc hundred and forty-four dollars and sixty-seven cents, 

in full for the support of Clarissa Casey and Sarah Dennis, 

paupers belonging to the district of Marshpee, between the 

' years eighteen hundred and sixty-one and eighteen hundred 

and sixty-six. Approved March 16, 1867. 

Chan 1 S Resolve in favor of alonzo bond. 

Allowance of jRgso/ve^?, For rcasous sct forth in the petition of Alonzo 

^'^"°" Bond, that there be allowed and paid out of the treasury of 

the Commonwealth to said petitioner the sum of two hun- 
dred and thirty dollars. Approved March 16, 1867. 

Chan 14 Resolve in favor of philip doiierty. 

Allowance of Rcsolved, For reasons set forth in the petition of Philip 

^'^ ■ Doherty, that there be allowed and paid out of the treasury, 

of the Commonwealth to said petitioner the sum of fifty 
dollars. Approved March 16, 1867. 

Chan 1 5 Resolve in favor of george av. copeland. 

Allowance of RcsoIvcd, For rcasous set forth in the petition of George 

$109.50. ^T^ Copeland, that there be allowed and paid out of the 

treasury of the Commonwealth to said petitioner the sum of 
one hundred and nine dollars and fifty cents. 

Approved March 18, 1867. 

Chan ] 6 Resolve in favor of henry h. guilds. 

Allowance of .$50 Rcsolued, That there be allowed and paid out of the treas- 

tendTn'li^ on'^l" ^ij of thc Commoiiwcalth the sum of fifty dollars to Henry 

state pauper. ^ Childs of Pittsficld, iu full compcnsatiou for his services 

as surgeon and physician in attending J. Stafford, a state 

pauper. Approved March 23, 1867. 

Chan 1 7 Resolve in favor of priscilla freeman. 

Allowance of Rcsolved, For reasons set forth in the petition of Priscilla 

$255, to be paid Fi-eemau, an Indian of the Deep Bottom Tribe, that there be 



1867.— Chapters 18, 19, 20. 765 

allowed and paid out of the treasury of the Commonwealth, to overseers of 
to the overseers of the poor of the town of Tisbury, for the i'°''''°^^'' ""^y- 
benefit of said Priscilla Freeman, residing in said town, the 
sum of two hundred and fifty-five dollars. 

Approved March 23, 18G7. 

Resolves PROVIDING FOR THE PUBLICATION AND SALE OF THE SUP- CIlClp. 18. 
PLEMENT TO THE GENERAL STATUTES. 

Ilesolvecl, That the secretary of the Commonwealth pur- Purchase of 
chase for the state, if the price shall be satisfactory to him, the authorfzed.^ 
stereotype plates of the Supplement to the General Statutes, 
edited by William A. Richardson and George P. Sanger, for 
the years eighteen hundred and sixty to the year eighteen 
hundred and sixty-six, both inclusive, and that hereafter the Publication of 
publication of said Supplement with future additions thereto bebyBute!'" 
upon the same plan, be continued by the Commonwealth 
under the supervision of said Richardson and Sanger as edi- 
tors thereof. 

Resolved^ That copies of said Supplement, with future shaii be sold at 
additions thereto and numbers thereof, be sold to the public, b" secretary.^* 
at the expense of paper, press-work and binding, to be ascer- 
tained and fixed by the secretary of the Commonwealth, 
from time to time, as editions or parts thereof may be 
required, public notice of which and of the place of sale shall Notice to be 
be given by him until otherwise ordered. ^'^''°' 

Approved March 27, 1867. 

Resolve IN aid of the perkins institution and massachu- Chan. 19. 

SETTS asylum FOR THE BLIND. ^ 

Resolved., That there be allowed and paid from the treas- Further aiiow- 
ury of the Commonwealth the sum of four thousand dollars expenlel*'^'^ '^^"^ 
to the Perkins Institution and Massachusetts Asylum for the 
Blind, to meet the necessary current expenses of that institu- 
tion, in addition to the amount already appropriated. 

Approved March 28, 1807. 



Chap. 20. 



Resolve for the payment of money due to daniel fi 

deceased. 

Resolved, That the adjutant-general be directed to make a Adjutant-generai 
pay-roll for three hundred and twenty-five dollars in the LT^sanV"'^ 
case of Daniel Flye, a member of company K, seventeenth ^3°fo7bluntiM''^ 
regiment, Massachusetts infantry volunteers : this amount 
to be paid in the manner prescribed by law, for the payment 
of state bounties to soldiers and their representatives. 

Approved March 29, 1807. 



766 



1867.— Chapters 21, 22, 23. 



Chap. 21. 

May have power 
as guardian; 
giving bond, 
returning inven- 
tory, and ac- 
counting wlien 
required by 
judge of probate. 



ReSOLVK to authorize ELVIRA M. EMERSON TO TAKE CARE OF THE 
PROPERTY OF WILLIAM H. EMERSON. 

Resolved, That for reasons set forth in her petition, Elvira 
M. Emerson, wife of William H. Emerson of Royalston, be 
authorized to collect and preserve the effects of said William 
H. Emerson, and generally, during his absence from the 
Commonwealth, to manage and take care of his estate, and 
out of the same to pay any debts of the said William H., 
and to provide for the expenses of his family, with like power 
and authority to that which may now be exercised by guar- 
dians of minors, insane persons and spendthrifts ; the said 
Elvira M. first giving bond, with one or more sureties satis- 
factory to the judge of probate for the county of Worcester, 
that she will, within three months, make and return into the 
probate court of said county a true inventory of all the 
property of said William H., and account for the same, when 
required by said judge, to the person or persons who shall 
be legally authorized to receive the same. 

Approved April 2, 1867. 



Chav. 22. Resolve in aid of the state library. 

Additional ai- .7^650^6^^/, That a sum uot cxcceding two hundred dollars 

fOTass^ltance^^''' P^i' auuum bc allowcd and paid out of the treasury of the 
and expenses. Commonwcalth, in addition to the amount now authorized, 
for assistance and incidental expenses in the state library, to 
be expended under the direction of the trustees and librarian. 

Approved April 3, 1867. 



Chap. 23. 



Allowance of 
$750 for road 
laid out by com- 
missioners of 
Barnstable 
county. 



Provisos: treas- 
urer to report 
expenditure. 

Completion and 
acceptance of 
road to be certi- 
fied by county 
commissioners. 



Resolve in favor of solomon c. howland, treasurer of the 
district of marsupee. 

Resolved, For reasons set forth in the petition of the select- 
men of the district of Marshpee, that there be allowed and 
paid from the treasury of the Commonwealth to Solomon C. 
Howland, treasurer of the district of Marshpee, seven hun- 
dred and fifty dollars, the same to be expended by said treas- 
urer, or so much thereof as may be necessary for the com- 
pletion of a road, laid out by the county commissioners of 
the county of Barnstable : provided, that said Howland shall 
make a return of the expenditure of this money in his next 
annual report to the legislature ; and provided further, that 
no part of this a])propriation shall be paid until a certificate 
signed by said county commissioners to the effect that said 
road has been completed and accepted by them, shall bc filed 
with the treasurer of the Commonwealth. 

Approved April 3, 1807. 



1867.— Chapters 24, 25, 26, 27. 767 

Resolve in favor of the boston and Worcester railroad QJiq-ij^ 24. 
corporation. '' 

Resolved^ That for reasons set forth in the petition of the Allowance of 
Boston and Worcester Railroad Corporation, there be allowed *2^^-^- 
and paid out of the treasury of the Commonwealth to said 
corporation, the sum of three hundred and eighty-one dollars 
and sixty cents. Approved April 3, 18G7. 

Resolve to authorize amos a. Lawrence, guardian, to lease QJiqj) 25 
certain real estate. "' 

Resolved, That Amos A. Lawrence, of Brookline, in the May iea?e by di- 
county of Norfolk, guardian of his five infant children under court upon peti- 
the age of twenty-one years, to wit : Amory Appleton Law- *'°°- 
rence, William Lawrence, Susan Mason Lawrence, Hetty 
Sullivan Lawrence and Harriet Dexter Lawrence, be and 
hereby is empowered by the direction of the supreme judicial 
court sitting in equity, to be signified by an order to be made 
in a summary way upon the petition of said infants or of 
their said guardian, to make such lease or leases of any land 
and real estate lying in Boston in the county of Suffolk, of 
which said infant children or any of them may be seized or 
possessed or entitled to, or of any part thereof, according to 
his or her interest therein, and the nature and fenfire of their 
respective estates, for such term or terms of years, (notwith- 
standing it may exceed the minority of said infants,) and 
subject to such rent and covenants as the said court shall 
direct ; and said court is hereby empowered to give effect to comt may give 
the provisions of this resolve. Approved April 9, 1867. effect to resolve. 

Resolve in favor of the washingtonian home. ChciJ), 26. 

Resolved, That there be allowed and paid out of the treas- Allowance of 
ury of the Commonwealth, to the treasurer of the Wash- ^txTn^^ofC 
ingtonian 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 
thousand dollars. The directors shall report to the legisla- Directors to re- 
ture in the month of January next, a detailed account of the ture/° '''^'^''^' 
amount contributed by individuals, the total income and 
expenses of the institution, the number of patients admitted, 
the average time each remains, the average cost per week 
of each, the number that pay or contribute towards the 
expenses of the institution, the amount each pays per week, 
and the result of their treatment so far as can be ascertained. 

Approved April 10, 1867. 

Resolve in favor of joseph mitchell, administrator. Chci)). 27 

Resolved, That the treasurer of the Commonwealth is Treasurer of 
hereby authorized and directed to pay to Joseph Mitchell of to pay'^soo'for 



768 



1867.— Chapters 28, 29, 30. 



estate of John 
W. Barrett 



stolen coupons of Naiitiicket, administrator of the estate of John W. Barrett, 
the amount of three hundred dollars, the value of ten 
coupons of ten Massachusetts bonds (union fund,) belonging 
to said estate and numbered respectively fifteen hundred, 
fifteen hundred and one, fifteen hundred and two, fifteen 
hundred and three, fifteen hundred and twenty-one, one hun- 
dred and forty-four, one hundred and forty-five, one hundred 
and forty-six, one hundi-cd and fifty-three, and two hundred 
and sixty, payable on the first day of January in the year 
one thousand eight hundred and sixty-six, alleged to have 
been stolen from the mail in December in the year one thou- 
sand eight hundred and sixty-five ; said Mitchell furnishing 
to said treasurer satisfactory security for the repayment 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 10, 1867. 

Resolve in favor of Eunice h. mc'collum. 
Pcesolved, For reasons set forth in the petition of Eunice 
service to pauper H- McCollum, that thcrc be allowed and paid to her 
i°dians,by lien- out of the treasury of the Commonwealth, the sum of one 
deceased. ' hundrcd doUars, in full payment for medical services ren- 
dered to pauper Indians, in the district of Marshpee, during 
the year eighteen hundred and sixty-six, by her husband, 
Henry E. McCollum, now deceased. 

Approved April 10, 18G7. 



Security for re- 
payment to be 
given to treas- 
urer. 



Chap. 28. 

Allowance of 

SlOO for medical tt 



Chap. 29. 



Allowance of 
5f5,000, for cur- 
rent year. 



Report required. 



Chap. 30. 



Allowance of 

S2,500. 



Like sura to be 
realized by pri- 
vate donations. 



Resolve in favor of the Massachusetts charitable eye and 

EAR infirmary. 

Resolved, That the sum of five thousand dollars be allowed 
and 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 ; 
and the said trustees shall report to the legislature in the 
month of January next a detailed account of the manner in 
which this appropriation has been expended. 

Approved April 12, 1867. 

Resolve in aid of the temporary asylum for discharged 
female prisoners at dedham. 

Resolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth tlie sum of twenty-five hundred 
dollars to the Temporary Asylum for Discharged Female 
Prisoners at Dedham : provided, that a like sum shall be 
realized during the current year by private donations ; a 
sworn certificate of which shall be deposited with the auditor 



1867.— Chapters 81, 32, 33. 769 

of the Commonwealth before said sum of twenty-five 
hundred dollars shall be paid from the treasury. The man- Report required. 
agers of said asylum shall report to the next legislature an 
account of its receipts and expenditures for the current year. 

Approved April 12, lb67. 

Resolve IN AID OF THE Massachusetts school for idiotic and QJiqv) ^\^ 

FEEBLE-MINDED YOUTH. "' 

Resolved, That there be allowed and paid out of the treas- ^ne*l'of«6\)oofor 
ury of the Commonwealth to the trustees of the Massachu- curreiu expenses, 
setts School for Idiotic and Feeble-Minded Youth at South buuaingmfir- 
Boston, the further sum of six thousand dollars, to meet the ™*^"^' 
necessary current expenses of that institution ; and for the 
purpose of building an infirmary for said institution the sum 
of seven thousand dollars ; said last amount to be paid upon 
properly approved vouchers. Approved April 12, 1867. 



Chap. 32. 



Resolves in relation to the republication of the report 
on the invertebrate animals of massachusetts. 

Resolved, That it is expedient to complete the republica- completion de- 
tion of the Report on the Invertebrate Animals of Massachu- 
setts authorized by chapter forty-four of the resolves of the 
year eighteen hundred and sixty-five, left unfinished by the 
death of the late Dr. Gould ; that the same be done, under Governor to ap- 

.,n.-,.oi ,1 -I point editors. 

the dn-ection oi such person or persons as the governor and 
council may appoint, in accordance with the plans and views 
of the original author as nearly as possible ; and that the 
appropriation made by chapter two hundred and eighty-two ^^P^^Pas^'aJts 
of the acts of the year eighteen hundred and sixty-five be i8G5,renewed 
reaffirmed and continued for this purpose. 

Resolved, That two hundred copies of the report be given Distribution of 
to the family of the late Dr. Gould ; that fifty copies be P°,',tr?bed'°^''' 
placed at the disposal of the governor and council for such 
gratuitous distribution as they may think proper ; that the 
officers and members of, and the reporters in regular attend- 
ance on, the present legislature have one copy each ; that 
every college, normal school, public and town library in the 
state, have one copy each ; that this distribution be made 
instead of that provided in the resolves to which these are 
additional ; that the remainder of the edition be at the dis- Remainder of 
posal of a future legislature ; and that the future copyright '='^'"°°- 
be and remain the property of the Commonwealth. °^^"^ 

Approved April 12, 1867. 



Chap. 33. 



Resolve in favor of the Springfield home for friendless 
women and children. 

Piesnlved, That there be allowed and paid out of the treas- Allowance of 

ury of the Commonwealth the sum of two thousand dollars """' 

40 



770 1867.— Chapters 34, 35, 36, 37. 



Provisos. 



to the Springfield Home for Friendless Women and Cliildren : 
provided., that said sum shall be expended for the benefit of 
discharged female prisoners therein ; and provided further, 
that the said institution shall, during the current year, realize 
a like sum from private donations, a sworn certificate of 
which shall be deposited with the auditor of the Common- 
wealth before said sum of two thousand dollars shall be paid 
Report required, from tlic trcasurj. Thc mauagcrs of said home shall report 
to the next legislature an account of its receipts and expen- 
ditures for the current year. Approved April 13, 1867. 

iyfictp. »M. Resolve in favor of george p. cross. 

Allowance of Rcsolved, That there be allowed and paid out of the treas- 

sioo autiiorized. ^^j,y (^f ^\^q Commouwealth to George P. Cross of Lawrence, 

the sum of one hundred dollars. Approved April 13, 1867. 

Chan, 35. Resolve for the payment of expenses incurred in support of 

THE state normal SCHOOLS, IN THE YEAR EIGHTEEN HUNDRED 
AND SIXTY-SIX ABOVE THE APPROPRIATION THEREFOR. 

Board of educa- Rcsolvcd, That tlic board of education be and they are 
l527!iiofXN hereby authorized to apply the sum of five hundred and 
scholarships^ twcnty-scven dollars and eleven cents, from the unexpended 
balance of the appropriation for the support of state scholar- 
ships in the year eighteen hundred and sixty-six, to the pay- 
ment of the expenses incurred in support of the state normal 
schools during said year over and above the appropriation 
therefor. Approved April 22, 1867. 

Chap. 36. Resolve for the distribution of the annual reports to 

PUBLIC LIBRARIES. 

Secretary, upon Resolvcd, That after the current year it shall be the duty 

furnish'pubiic of the sccrctary of the Commonwealth to furnisli each public 

^"'^®- library, organized under tlie laws of this Commonwealth, on 

the application of the librarian thereof, with the annual 

reports described in the General Statutes as the " Public 

Series." Approved April 22,1867. 

Chap. 37. RkSOLVE on the petition of WILLIAM R. LAWRENCE AND EDWARD S. 
* RAND, JUNIOR, TRUSTEES UNDER THE WILL OF SARAH C. FOSTER. 

Certain convey- Rcsolved, Por thc rcasous set forth in the said petition that 

ances confirmed, .i i • j.i • i ^-i- 1^* i i 

the several conveyances m the said petition mentioned, made 
by the said Lawrence and Rand, trustees as aforesaid, to 
Charles R. Alley by deed dated the twentieth day of Decem- 
ber in the year eighteen hundred and sixty-four, recorded in 
Suffolk registry of deeds, lib. eight hundred and fifty-two, 
folio one hundred and sixty-four, to Julia M. Jordan, by 
deed dated the first day of September, in the year eighteen 
hundred and sixty-six, recorded in the said registry, lib. 



1867.— Chapters 38, 39, 40. 771 

eight liundrcd and eighty-five, folio one hundred and ninety- 
five, and to Charles R. Alley, by deed dated the tenth day of 
October, in the year eighteen hundred and sixty-six, recorded 
in the said registry, lib. eight hundred and eighty-six, folio 
one hundred and ninety-seven, be and the same are hereby 
confirmed ; and that the said Lawrence and Rand be, and ^e^ds. 
they are hereby authorized to make, execute and deliver 
such deeds confirmatory of the titles of the said respective 
grantees as may be just and proper, and that the said Rand Powera to guard- 
as guardian of the minor children of the said Sarah B. 
Foster be authorized to release to the said grantees any 
right, title and interest, legal or equitable, which his said 
"wards may have in the premises conveyed by the said Law- 
rence and Rand, trustees as aforesaid, by the deeds afore- 
mentioned. Approved April 22, 1867. 

Hesolve in relation to the support of state lunatic paupers. Chop. 38. 
Resolved, That there be allowed and paid to the several Board per week, 

•I .• 1 -J. 1 J? J.1 1 1 i? • Oj. J. r $3.50 for curreut 

lunatic hospitals tor the board oi insane fetate paupers lor year. 
the current year, a sum not exceeding three dollars and fifty 
cents per week, for each of said paupers. 

Approved April 25, 1867. 

Resolve authorizing the treasurer to borrow money in Chap. 39. 
anticipation of the revenue. 

Resolved, That the treasurer and receiver-general be, and May borrow for 
he hereby is, authorized to borrow, in anticipation of the ^Jfents*'^^ ^^^' 
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 expira- 
tion of fifteen days after the meeting of the next general 
court, at such rate of interest as shall be found necessary, 
and that he repay any sum he may borrow as soon as money Re.paymentof 
sufficient for the purpose, and not otherwise appropriated, ^'"^^^■ 
shall be received into the treasury. Approved April 25, 1867. 

Resolve authorizing certain improvements near THE arsenal ^, .^ 

in the city of Cambridge. i^liap. 4U. 

Resolved, That for reasons set forth in the petition of Allowance of 
Charles W. Homer and others there be allowed and paid f<fuare"'^""'° 
out of the treasury of the Commonwealth the sum of three 
hundred dollars towards laying out a public square in front 
of the arsenal grounds in tiie city of Cambridge : provided ^^^^-^^^ 
however, that said sum shall not be paid until such improve- 
ment has been made to the satisfaction of the quartermaster- 
general, and proof to the auditor that said square has been 
dedicated to public use. Approved April 26, 1867. 



772 1867.— Chapters 41, 42, 43, 44. 

Chan 41 l^^®*^^^'^ concerning the first baptist church in DORCHESTER. 

Resolved, That the First Baptist Church in Dorchester is 
?uYoa"/oTlruI- hcrcbj aiithorizcd to fill the vacancy in the board of trustees 
*^*^- connected with said church, occasioned by the decease of 

Jacob Bacon, Jacob Flinn and William Pierce. 

Approved April 26, 1867. 

Chap. 42. Resolve in favor of james r. pettengill. 

Allowance of Resolveil, That for reasons set forth in the petition of 

S75. James B,. Pettengill there be allowed and paid out of the 

treasury of the Commonwealth, to said petitioner, the sum 
of seventy-five dollars. Approved April 26, 1867. 

Chap. 43. Resolve in favor of members of company a, fourth regi- 
ment OF infantry, MASSACHUSETTS VOLUNTEER MILITIA. 

Allowance of Rcsolvecl, For Tcasons set forth in the petition of Ira 

se^toeach mem- j)pg^]jQ r^^^^ othcrs, that there be allowed and paid out of the 
treasury of the Commonwealth, to Charles E. Bootman, of 
Canton ; Michael Barnes, of Canton ; Augustus A. Capen, 
of Canton ; John Carr, of Canton ; Charles Carr, of Can- 
ton ; Albert Crossman, of Stoughton ; James E. Donahue, 
of Stoughton ; Charles Eaton, of Stoughton ; Barzilla Field, 
of Stoughton ; Jarvis G. Fairbanks, of Stoughton ; George 
H. Gay, of Sharon ; Edgar M. Hixon, of Sharon ; Otis C. 
Hodgdon, of Sharon ; Melicent Horn, of Sharon ; Bcrthea 
W. Holmes, of Stoughton ; Francis M. Howes, of Canton ; 
Benjamin W. Jewell, of Canton ; Paul W. Jackson, of Can- 
ton ; Adelbert Linficld, of Stoughton ; Augustus A. Leach, 
of Stoughton ; John Lynch, of Stoughton ; John H. Meade, 
of Stoughton ; Patrick Murphy, of Stoughton ; Henry A. 
Monk, of Stoughton ; Charles Patridge, of Stoughton ; 
George Palmer, of Stoughton ; Henry Packard, of Stough- 
ton ; Lewis C. Richards, of Sharon ; Sylvester W. Russell, 
of North Bridgcwater ; George H. Smith, Alden A. Seeley, 
of Stoughton ; Jabez E. Talbot, of Stoughton ; Adoniram 
J. White, junior, of Stoughton, the sum of six dollars each. 

Approved April 30, 1867. 

Chap. 44. Resolve in favor of company f, ninth regiment of infantry, 

MASSACHUSETTS VOLUNTEER MILITIA. 

Allowance of pay Rcsolved, That tlicrc be allowed and paid out of the 
1866."'^ '° '^^^^' treasury of the Commonwealth to such members of com- 
pany F, ninth regiment infantry, Massachusetts volunteer 
militia, as were returned to the adjutant-general as having 
performed military duty on the last Wednesday in May in 
the year eighteen hundred and sixty-six, and in accordance 
with a pay-roll to be made by him, the several sums they 



1867.— Chapters 45, 46, 47, 48. 773 

would have been entitled to receive under chapter two hun- 
dred and nineteen, section one hundred and forty-six, of tlie 
laws of the year eighteen hundred and sixty-six, if the 
return and pay-roll had been made by their commanding 
officer according to law: the amount to be paid from the now paid, 
appropriation for military bounty for the year eighteen 
hundred and sixty-six. Approved May 2, 1867. 

Resolve in favor of the state almshouse at monson. Chcip. 45. 

Resolved^ Tliat for reasons sot forth in the petition of the Allowance of 
inspectors of the state almshouse at Monson, there be pitki buiidin°gt. 
allowed and paid out of the treasury of the Commonwealth 
a sum not exceeding four thousand dollars for the purpose 
of erecting suitable hospital buildings for the accommoda- 
tion of tlic inmates of said almshouse; and also the sum of aiso s50o for 
five hundred dollars for the purpose of moving and repair- 
ing an old building for a play-house for the boys of said 
institution : provided^ that properly approved vouchers for I'ro^'so- 
these expenditures shall be filed with the auditor. 

Approved May 2, 1867. 

Rf.solve in favor of the state almshouse at tewksbury. Chap. 46. 
Resolved, That there be allowed and paid from the Aiiowauceof 
treasury of the Commonwealth the sum of two thousand chaseofTauay" 
six hundred dollars to the inspectors of the state almshouse 
at Tewksbury for the purchase of land for the use of said 
institution. . Approved May 2, 1867. 

Resolve in favor of the state lunatic hospital at north- Chcip. 47. 

AMPTON. 

Resolved, That there be allowed and paid out of the ^}}'Z^''J"'f 

' ^ ^OjOOO for fence 

treasury oi the Commonwealtli to the trustees oi the state and repairs, 
lunatic hospital at Northampton a sum not exceeding three 
thousand dollars, for the purpose of building fence and 
making otlier necessary repairs ; the same to be payable 
upon properly approved vouchers filed with the auditor. 

Approved May 6, 1867. 

Resolve in favor of philip sexton, otherwise called philip QJkiy)^ 48, 

SAXON. -^ * 

Resolved, That the adjutant-general be directed to make a Adjutant-generai 
pay-roll for two hundred and seventy-five dollars in the case for's275. ^"^''° 
of Philip Sexton, otherwise called Philip Saxon, a member 
of company E, second regiment heavy artillery, Massachusetts 
volunteers ; the amount to be paid in the manner prescribed Payment, 
by law for the payment of state bounties. 

Approved May 6, 1867. 



774 



1867.— CHArTERs 49, 50, 51, 52, 53. 



Chap. 49. 

Allowance of 
S72 for state aid. 



Chap. 50. 

County taxes. 



Chap. 51. 

Allowance of 
S15,000 for heat- 
ing apparatus. 



Balance of for- 
mer one, how 
may be used. 



Chap. 52. 

Allowance of 
$600 for society 
purposes. 



Chap. 53. 

Allowance of 
Sl,000forcur- 
reLt expenses. 



Proviso. 



Resolve in favor of winifrkd gahegan. 
Resolved., For reasons set forth in the petition of Winifred 
Gahegan of Milforcl, that there be allowed and paid out of 
the treasury of the Commonwealth to said petitioner, the sum 
of seventy-two dollars for state aid. Approved May 6, 1867. 

KeSOLVE granting TAXES TO THE SEVERAL COUNTIES. 

Resolved, That the sums placed against the names of the 
several counties in the following schedule, be and are hereby 
granted as a tax for each county respectively, to be collected 
and applied according to law, viz. : Barnstable, ten thousand 
dollars ; Berkshire, twenty-seven thousand dollars ; Bristol, 
sixty-three thousand dollars ; Essex, one hundred and twenty 
thousand dollars; Dukes, four thousand dollars; Franklin, 
twenty thousand dollars ; Middlesex, one hundred and forty 
thousand dollars ; Hampshire, twenty-five thousand dollars ; 
Norfolk, eighty thousand dollars ; Hampden, forty-four thou- 
sand dollars ; Plymouth, thirty-five thousand dollars ; Wor- 
cester, eighty thousand dollars. Approved Maij 8, 18G7. 

Resolve in favor of the state almshouse at bridgewater. 
Resolved, For reasons set forth in the petition of the 
inspectors of the state almshouse at Bridgewater, that there 
be allowed and paid out of the treasury of the Common- 
wealth a sum not exceeding fifteen thousand dollars for the 
purpose of putthig apparatus into said institution to heat the 
same by steam, and that said inspectors be allowed to use 
any unexpended balance appropriated for current expenses 
of the almshouse for making permanent improvements or for 
purchasing land for the benefit of said institution ; the same 
to be payable upon properly approved vouchers filed with the 
auditor. Approved May 9, 1867. 

Resolve in favor of the new England fkmale moral reform 

society. 

Resolved, That there be allowed and paid from the treasury 
of the Commonwealth to the treasurer of the New England 
Female Moral Reform Society, six hundred dollars, to be 
expended for the charitable purposes of the institution. 

Approved May 9, 1867. 

Resolve in favor of the boston station home. 
Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to the treasurer of the Bos- 
ton Station Home towards defraying its current expenses, 
the sum of one thousand dollars : provided, that at least a 
like amount be obtained for the same purpose by private 
subscription. Approved May 9, 1807. 



1867.— Chapters 54, 55, 56, 57, 58. 775 

Resolve to autiiokize the sale of the propeuty of the how- pi ^4 

ARD street society IN SALEM. \yllGp. U^. 

Rcsolced, That James Kimball, Allen W« Dodge and Ben- certain persona 
jamin C. Perkins be, and are hereby authorized to sell, by SbTiisofsaie. 
public or private sale, and to make, execute and deliver a 
deed or deeds, or bills of sale, to convey the whole, or any 
part of the property, including real and personal estate, 
Ijelonging to the Howard Street Society in Salem : provided, ProTiso. 
that previous to such sale the pews in the meeting-house of 
said society, and other property belonging to said society, 
shall be appraised by the above-named persons, or by any 
three disinterested persons appointed by them ; and after Distribution of 
such sale, and the payment of all debts and liabilities of said 'P'^°'^^^'^- 
society and the expenses of said sale, the net proceeds thereof 
shall be distributed among the pew-owners in proportion to 
the appraised value of the several pews. 

• Approved May 9, 1867. 

Resolve in favor of s. d. butler and ciieney Hamilton. CllOV 55 

Resolved, For reasons set forth in the petition of said But- Allowance of 
ler and Hamilton, that there be allowed and paid out of the *^07.50. 
treasury of the Commonwealth to the said petitioners the 
sum of one hundred and seven dollars and fifty cents. 

Approved May 9, 1867. 

Resolve in favor of robert cowdin. Chap. 56. 

Ptcsolved, That for reasons set forth in the petition of Rob- Allowance of 
ert Cowdin, there be allowed and paid him out of the treas- *^*'*^' 
ury of the Commonwealth, the sum of fifty-four dollars and 
forty-two cents. Approved May 9, 1867. 

Resolve in favor of saraii f. k. francis. Chap. 57, 

Resolved, For reasons set forth in the petition of Sarah F. Allowance of 
K. Francis of Fairhaven, that there be allowed and paid out «i28 for state aid. 
of the treasury of the Commonwealth, to said petitioner, the 
sum of one hundred and twenty-eight dollars for state aid, 
and that on and after the first day of May in the year eight- After May 1, '67, 

„ 1 1 T T . , . T ,.,. '' ill 1 how entitled to 

ecu hundred and sixty-seven, said petitioner be taken and aid. 
deemed to be entitled to receive the same amount of state 
aid that she would have been entitled to receive had her 
husband been credited to the quota of Massachusetts. 

Approved May 9, 1867. 

Resolve in favor of robert maybey. Chan. 58. 

Resolved, That for reasons set forth in the communication Allowance of 
of the adjutant-general, there be allowed and paid out of ***^' 
the treasury of the Commonwealth to Robert Maybey, the 
sum of forty dollars. Approved May 9, 1867. 



Proviso. 



776 1867.— Chapters 59, 60, 61, 62, 63. 

Chan 59 RkSO'-"^''^ ^^ favor of EDAVARD PENDLETON and ROBERT w. wil- 
^ ' ' LIAMS. 

Adjutant-geoerai Eesolved, That tliG adjutant-ffeneral be directed to make 

to make pay-rolls ^^ n • i , in. i pt-it it-> h^ 

for. pay-rolls for eighty dollars in the case oi Ldward rendleton 

of company G, twenty-seventh regiment, Massachusetts vol- 
unteers, and for sixty dollars in the case of Robert W. Wil- 
liams of company I, fifty-seventh regiment, Massachusetts 

Payment. voluutccrs ; said sums to be paid in the manner prescribed 

by law for the payment of state bounties. 

Approved May 9, 1867. 

Chcip. 60. Resolve on the petition of joiin .j. Williams, trustee. 

May execute Resolvecl, For tlic rcasous set forth in the said petition, 

$25.owf on estate that Johu J. Williams, trustee, be and he hereby is author- 
la Fall River. -^^^^ ^^ makc, exccutc and deliver a mortgage for a sum not 
exceeding twenty-five thousand dollars on the estate he owns 
and holds in trust in the city of Fall River, bounded north- 
wardly by Spring Street, eastNvardly by Second Street, south- 
wardly by land formerly of one Moriarty, and westwardly by 
land now or lately of Abiathar Hall, containing about 
seventy-seven square rods : provided, that the said Williams 
shall pay and discharge three several mortgages now existing 
upon said estate, arid amounting in the aggregate to the sum 
of twenty-eight thousand dollars ; and such mortgage so 
made, executed and delivered by the said Williams, shall be 
a valid lien upon the said estate for the payment of the said 
mortgage. Approved May 14, 1867. 

Chdp. 61. Resolve in favor of henry a. davis. 

Aiiowanceof Rcsolved, For tlic reasons set forth in the petition of 

9fe200 for offico 

rent. Hcniy A. Davis that there be allowed and paid to him from 

the treasury of the Commonwealth the sum of two hundred 
dollars for office rent, in full to the end of the present year. 

Approved May 15, 1867. 

CllCip. 62. Resolve in favor of the museum of comparative zoology. 
Allowance of Rcsolved, That there be allowed and paid from the treasury 

expended by^ of thc Commonwcalth to the Museum of Comparative Zoology, 
trustees. ^|^^ g^^^^^ ^^ ^^^-^ thousaiid doUars, to be expended under the 

direction of the trustees of said institution. 

Approved May 10, 1867. 

Chap. 63. Resolve in aid of the discharged soldiers' home. 

Aiiowanceof Resolvcd, That there be allowed and paid out of the 

pended by dkec'- trcasury of thc Commonwealth, to the treasurer of Discharged 
*°"- Soldiers' Home, located in Springfield Street, in the city of 

Boston, to be expended by the directors of the institution in 
temporarily caring for and aiding disabled and destitute 



1867.— Chapters 6i, 65, 66. 777 

soldiers who have been honorably discharged from the service 
of the United States, a sum not exceeding ten thousand 
dollars ; said payment to be made, from time to time, in such Payment. 
sums as may be applied for by the president and two vice- 
presidents of said institution : provided, that soldiers who Provisos: condi- 
have served in Massachusetts regiments shall have the tur°e° ^^^^^ '" 
preference in the benefits of the same ; that no part of the 
money shall be expended for the support of soldiers who 
can be admitted to the National Togus Spring Hospital at 
Augusta in the state of Maine, and who, in the judgment 
of the executive committee of the Boston Soldiers' Home, 
may be properly and humanely removed .to the said national 
hospital ; and provided also, that the governor shall have Governor may 
power to appoint two trustees of the Boston Soldiers' Home. L^?'"' 
The officers of this institution shall report to the legislature, officers shaii re- 
in the month of January next, a detailed account of the ^°re,'° ^^^'*'''" 
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 May IG, 1867. 

. »_ 

Resolve in favor of Harriet l. whitcomb. CJlCtJ). 64. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of tlie Commonwealth, to Harriet L. Whitcomb, of ' ' 
Concord, widow of Reverend William C. Whitcomb, the 
sum of one huitdred and twenty-eight dollars for state aid ; 
and that on and after the first day of May, in the year After first May 
eighteen hundred and sixty-seven, said Harriet L. Whitcomb ' o^em e . 
be taken and deemed to be entitled to receive the same 
amount of state aid that she would have been entitled to 
receive had her husband been credited to the quota of 
Massachusetts. Approved May 16, 1867. 

Eesolve in relation to committing juvenile offenders to QJian. 65. 

PRIVATE institutions. 

Resolved, That the subject of additional provision for the subject referred 

-, n ^ . *^ ., ro 1 ^ p T J ii to board of state 

care and reiorm oi juvenile onenders be reierred to the charities with in- 
board of state charities, with instructions to inquire into the s"'"*^"^"^- 
condition of the private charitable institutions within the 
Commonwealth, with special reference to the expediency of 
committing juvenile ofi^nders to such institutions; and said Report of board, 
board shall report to the next general court. 

Approved May 18, 1867. 

Resolve in relation to the mercantile savings institution. QJian. QQ. 

Resolved, That the Mercantile Savings Institution of Bos- Taxation upon 
ton is hereby so far relieved from the payment of the taxes ju^gj' ^''"'' "' 

'41 



778 1867.— Chapters 67, 68, 69, 70 71. 

assessed upon its capital stock under the provisions of chapter 
two hundred and eight of the acts of the year eighteen hun- 
dred and sixty-four, and of chapter two hundred and eighty- 
three of the acts of the year eighteen hundred and sixty-five, 
as may be requisite to reduce the taxation upon the capital 
stock of said institution, for the years eighteen hundred and 
sixty-four, eighteen hundred and sixty-five and eighteen luin- 
dred and sixty-six, to the same rate imposed upon other cor- 
porations, excepting banks of issue and of deposit, organized 
under the laws of this Commonwealth. 

Approved May 18, 1867. 

Chat) 67 Resolve coxcerning the arsenal at Cambridge. 

Allowance of Rcsolvcd, That tlicrc be allowed and paid out of the 

duction'^of"wa°'er trcasury of the Commonwealth a sum not exceeding five 
hundred dollars, for the introduction of Fresh Pond water at 
the arsenal at Cambridge as a protection against fire ; the 

Payment. samc to be paid upon properly approved vouchers filed with 

the auditor. Approved Mmj 20, 1867. 

Chan fiS Resolve in favor of the Worcester lunatic hospital. 

Allowance of Resolvecl, That there be allowed and paid out of the 

mint 0*1 dTbts*^' treasury of the Commonwealth to the trustees of the Wor- 
cester Lunatic Hospital the sum of fifteen thousand dollars, 
to be applied to the payment of the debts of the hospital. 

Approved May 20, 1867. 

Chat). 69 Resolve in favor of katie palmer. 

Allowance of Resolved, That there be allowed and paid out of the treasury 

$128 for state ^f ^j^^ Commonwcalth to Katie Palmer of Fall River, widow 
of George L. Palmer, the sum of one hundred and twenty-eight 

After first May, dollars, for statc aid ; and that on and after the first day of 
May, in the year eighteen hundred and sixty-seven, said Katie 
Palmer be taken and deemed to be entitled to receive the 
same amount of state aid that she would have been entitled 
to receive had her husband been credited to the quota of 
Massachusetts. Approved May 20, 1867. 

Chat) 70 Resolve in favor of sarah j. davidson. 

Allowance of Resolt'ecl, For reasons set forth in the petition of Sarah J. 

$48 for state aid. pavidsou, widow of Robcrt C. Davidson, that there be allowed 
and paid out of the treasury of the Commonwealth to said 
petitioner, the sum of forty-eight dollars for state aid. 

Approved May 27, 1867. 

Chap. 71. Resolve in favor of mary maguire. 

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

^36 for state aid. ^^^^^ ^^ ^^^^ Commouwcalth to Mary Maguire of Boston, 



1867.— Chapters 72, 73, 74, 75. 779 

mother of Thomas Maguire, the sum of thirty-six dollars for 

state aid, and that on and after the first day of May in the After May i, '67, 

year eighteen hundred and sixty-seven, said Mary Maguire 

be taken and deemed to be entitled to receive the same 

amount of state aid that she would have been entitled to 

receive had her son received his disability within the limit of 

time prescribed by the law granting state aid. 

Approved May 27, 1867. 

Resolve in favok of Nathaniel c. stearns. CIwo. 72. 

Resolved^ For reasons set forth in the petition of Nathaniel Allowance of 
C. Stearns, there be allowed and paid to him from the ^^^■^'■ 
treasury of the Commonwealth the sum of ninety-five 
dollars and sixty-seven cents. Approved May 27, 1867. 

Resolve authokizing the payment of certain moneys to the QJian. 73. 

executors of JOSEPH WILLARD. ' * 

Resolved, That the clerk of the superior court for civil cierk of superior 
business for the county of Suffolk, be, and he is hereby to"pay'$i"453.32 
authorized and directed to pay out of the excess of fees feerplyrbTe°[o 
received by him which by law are payable into the treasury county, 
of said county, to Susannah H. Willard and Joseph Willard, 
executors of the will of Joseph Willard, late of Boston, 
deceased, the sum of fourteen hundred and fifty-three dol- 
lars and thirty-two cents, being the "amount expended by 
them for extending and completing the records of the 
superior court, in the county of Suffolk, after the death of 
said Joseph Willard, deceased, who was clerk of said court 
in said county. Approved May 31, 1867. 

Resolve in favor of hannah m. needham. ChcfV. 74. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth, to Hannah M. Needham, of ^^£^ *'°'' ^'^'^ 
Lawrence, widow of Sumner H. Needham, the sum of one 
hundred and twenty-eight dollars, for state aid ; and that on 
and after the first day of May, in the year eighteen hundred After May first, 
and sixty-seven, said Hannah M. Needham be taken and '' 
deemed to be entitled to receive the same amount of state 
aid that she would have been entitled to receive had her " 
husband been credited to the quota of Massachusetts. 

Approved May 31, 1867. 
Resolve for the payment of money due to frank wheeler, Qhnu 75 

DECEASED. '^' 

Resolved, That the adjutant-general be directed to make Adjutant-gen- 
a pay-roll for two hundred and fourteen dollars and sixty- ^rauo make pay- 
six cents in the case of Frank Wheeler, a member of com- 
pany K, thirtieth regiment of infantry, Massachusetts vol- 



780 



1867.— Chapters 76, 77, 78, 79, 80. 



Payment. 



Chap. 76. 

Res. 88 of 66 
construed in 
favor of bounty 
to members. 



Chap. 77. 

Allowance of 
S22,814 on ac- 
count of Troy & 
Greenfield R. R. 
& Hoosac Tun- 
nel. 



Proviso. 



Chap. 78. 

Allowance of 

832.66 for state 
aid. 



Chap. 79. 

Allowance of 



Chap. 80. 

Allowance of 
$132. 



untcers ; to be paid in the manner prescribed by law for the 
payment of state bounties to soldiers and their representa- 
tives. Approved May 31, 1867. 

Resolve in relation to companies e, f, l and m, of the sec- 
ond MASSACHUSETTS CAVALRY. 

Resolved, That chapter -eighty-eight of the resolves of the 
year eighteen hundred and sixty-six, relative to companies 
E, F, L and M, of tlie second Massachusetts cavalry, be so con- 
strued as to pay the bounty of fifty dollars to each member 
of said companies or his heirs. Approved May 31, 1867. 

Resolve in favor of herman haupt. 
Resolved, That in consideration of moneys paid on account 
of interest and other matters connected witli the Troy and 
Greenfield Railroad and Hoosac Tunnel by Herman Haupt 
and Company, and in full therefor and of all claims against 
the Commonwealth, the attorney-general is hereby author- 
ized and directed to discharge all executions now held by 
the state against Herman Haupt, and there shall be allowed 
and paid to said Herman Haupt the sum of twenty-two 
thousand eight hundred and fourteen dollars: provided, ths^t 
a full release, satisfactory to the attorney-general, of any 
and all claims in relation to the west shaft of the Hoosac 
Tunnel shall have been made to the Commonwealth. 

Approved June 1, 1867. 

Resolve in favor of Elizabeth evans. 
Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to Elizabetli Evans, the sum 
of thirty-two dollars and sixty-six cents, for state aid. 

Approved June 1, 1867. 

Resolve in favor of Frances e. coggin. 
Resolved, Tliat for reasons set forth in the petition of 
Frances E. Coggin, widow of Charles H. Coggin, of company 
H, thirteenth regiment Massachusetts infantry, there be 
allowed and paid to her out of the treasury of the Common- 
wealth, the sum of one hundred and forty-four dollars. 

Approved June 1, 1867. 

Resolve in favor of eliza k. Williams. 
Resolved, That for reasons set forth in the petition of Eliza 
K. Williams, widow of "Watson S. Williams, of company G, 
thirty-fifth regiment Massachusetts infantry, there be allowed 
and paid to her, out of the treasury of the Commonwealth, 
the sum of one hundred and thirty-two dollars. 

Approved June 1, 1867. 



1867.— Chapters 81, 82, 83, 84. 781 

Chap. 81. 



Allowance of 



Resolve in favor of Elizabeth maloney. 
Resolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth to Elizabeth Maloney, of Boston, $56 for state aid. 
widow of John P. Maloney, the sum of fifty-six dollars for 
state aid. Approved June 1, 1867. 

Resolve in favor of timothy Connelly. Chap. 82. 

Resolved, For reasons set forth in the petition of Timothy Allowance of 
Connelly, that there be allowed and paid out of the treasury bounty! ^'"^'^ 
of the Commonwealth to said petitioner, the sum of three 
hundred and twenty-five dollars for state bounty. 

Approved June 1, 1867. 

Resolve in favor of william ingalls, executor. Chan 8S 

Resolved, That William Ingalls, executor of the last will powers of, under 
and testament of Enoch H. Rust, late of Boston, deceased, ^'" °*','1°'°'* ^- 

' ' ' Kust defined. 

be, and he hereby is, authorized and empowered to invest in 
personal or other securities, at his discretion, certain mon- 
eys which by said will, the said Rust directed to be laid out in 
the purchase of a house for the use of Lucy R. Stedman and her 
children ; also to invest in personal or other securities at his 
discretion, certain moneys, which by said will the said Rust 
directed to be laid out in the purchase of a house, or other 
real estate for the benefit of the children of said William 
Ingalls ; all said property to remain to the same uses and 
ultimate disposal, and for the benefit of the same persons, as 
the said moneys would have been if invested in real estate, 
agreeably to the provisions of said will : provided A\\?it the Proviso: shaii 

£riv6 uoucl to 

said executor shall first give bond, with sufficient sureties to judge of probate. 
the judge of probate for the county of Suffolk, to the accept- 
ance of said judge, conditional that said executor shall faith- 
fully and according to his best judgment, execute the author- 
ity hereby conferred, and render from time to time, as the 
said judge may order, true and just accounts of said trust. 

Approved June 1, 1867. 

Resolve in relation to improvements and repairs of the Qh/ij) gl 

STATE HOUSE. -* ' 

Resolved, That it is expedient to make certain alterations, president of sen- 
improvements and repairs in the state house, substantially in ofth^'^houselp- 
accordance with the views of the joint committee in their vpiutei commis- 
report on this subject to the present legislature and such 
other improvements as the commissioners may deem neces- 
sary ; and the president of the senate and speaker of the 
house are hereby appointed commissioners with full power to ^ 

carry out the purposes of this resolve : provided, that said contract, and 
improvements shall not be commenced until a contract shall conditions of. 



to state library 
Report. 



782 1867.— Chapters 85, 86, 87. 

have been made, with sureties satisfactory to the commission- 
ers, that they can be completed for tbe sum of one hundred 
and fifty thousand dollars. ApprovedJune 1, 1867. 

Chap, 85. Resolve concerning the "nuTciimsoN papers." 

Governor to as- Resolvecl, That the governor be requested to ascertain 
HbtoricafsodeTy whctlier any books, manuscripts or other documents now in 
statl Fn^ustody^ P^^^*^^^^°^^ of the Massachusctts Historical Society, are the 
property of the Commonwealth, and to take such measures 
May determine ^^ ^^® ^^^^ dccm propcr to determine the question of title 
title, and^restore and procurc tlic rcstoratiou of the same to the library of the 
Commonwealth ; and that he report to the next general 
court the results of his action under this resolve. 

Approved June 1, 1867. 

Chap. 86. Resolves concerning cape cod harbor at provincetown. 
Sum of $100,000 Resolved, That there be allowed and paid out of the coast 
fence fund ai- dcfeuce fuud a sum not exceeding one hundred thousand 
lowed. dollars, and the same is hereby appropriated, for the protec- 

tion and preservation of Cape Cod Harbor at Provincetown 
from the dangers which threaten it ; the same, or such part 
^omtdssbners thcrcof as may be needed for that purpose, to be expended 
governor to ex- uudcr the dircction of a board of three commissioners, to be 
^^^ ' appointed by the governor, upon plans approved by the gov- 

May construct emor and council. And such commissioners are hereby 
across East uar- autliorizcd to coustruct a sea-wall, dike or other solid and 
bor Creek. permanent structure across the opening of East Harbor 
Creek, near the present highway bridge across that creek, 
and to do any other acts which may appear to them neces- 
sary and expedient for the protection, preservation and 
security of said Cape Cod Harbor. 
^lared'tobeioir Resolved, That the appropriation hereby made, is in 
to United States, anticipation of a duty and obligation which manifestly 
belongs to the general government of the United States, and 
wliich is now assumed by Massachusetts in the present 
exigency, relying upon ultimate re-imbursement therefor. 
Copies of resolves Resolvcd, That liis excellency the governor be requested 

to be sent U.S., • . ^ ^i i j. j.i j. j 

senators and to communicatc a copy 01 these resolves to the senators and 
representatives, representatives from Massachusetts in congress ; and that 
they be earnestly desired to urge and secure re-imbursement 
by the United States of whatever may have been, or here- 
after may be expended by this Commonwealth for the 
security of Cape Cod Harbor. Approved June 1, 1S67. 

Chap. 87. Resolves concerning the printing of the provincial laws. 
Governor may ResoIvcd, That thc govcmor with the consent of the 

uwran^d'orders couiicil be authorized to cause to be prepared for publication 



1867.— Chapters 88, 89, 90, 91. 783 

the acts and laws of the late province of Massachusetts Bay, prepared for 
with such of the laws and orders recorded in the general om TOUmf^'to 
court record as are of legal and historical importance, from under g'.'s^'s.^. 
the arrival of the province charter in the year sixteen hun- 
dred and ninety-two, to the seventeenth day of June, in the 
year seventeen hundred and seventy-four, and to contract 
for the printing of one volume of the same during the pres- 
ent year, to be distributed according to the provisions of 
chapter three, section two, of the General Statutes. 

Resolved^ Tliat the sum of ten thousand dollars is hereby Appropriation, 
appropriated for the publication of said laws, of which sum preseut'year!"'^'' 
not above three tliousaud dollars shall be expended during 
the present year. Approved June 1, 1867. 

Resolve authorizing the purchase of a bust of Abraham Qfim)^ 8^, 

LINCOLN. ^ 

Resolved, That there be allowed and paid to Mrs. Sarah so'mo for work 
F. Ames, out of the treasury of the Commonwealth, the in'marbie. 
sum of twenty-five hundred dollars for a marble bust of 
Abraham Lincoln. Approved June 1, 1867. 

Resolve concerning the salaries of the justices of the pjj^y-, qq 
SUPERIOR court. ^nup. OJ. 

Resolved, That the salaries of the chief justice and asso- shaiibepasd _ 
ciate justices of the superior court, as established by the from erst janu-' 
present legislature, shall be paid from the first day of ^''^' 
January last. Approved June 1, 1867. 

Resolve in relation to repairs of the state house. Chan 90 

Resolved, That in case it shall be found that improve- sum in Res. 84, 

ments upon the state house, as contemplated by a resolve of .'67, being found 

,1 . . ,, ii'i.i insufficient for 

the present session, cannot be completed within the sum work,8haiibe 
therein provided, the commissioners appointed to make said represe"ntatrve's,° 
improvements shall be authorized to complete so much '''°' 
thereof as relates to the re-seating of the representatives' 
hall, and the warming and ventilation of the rooms, and to 
use so much of the appropriation as may be needed for that 
purpose. - Approved June 1, 1867. 

Resolve in relation to the compensation of the door-keepers, Chap. 91. 
messengers and pages of the senate and house of repre- 
sentatives. 

Resolved, That there be allowed and paid out of the treas- Allowances for 
ury of the Commonwealth to each of the door-keepers and ^'"^^'"' 
assistant door-keepers, and to the messengers of the senate 
and house of representatives, five dollars per day, and to 
each of the pages of the two branches the sum of three dol- 
lars and fifty cents per day, for each day's service of the 



784 1867.— Chapters 92, 93. 

present session, and to the chief door-keeper of the senate 
and house of representatives, one hundred dollars each, in 
addition. Approved June 1, 1867. 

Chap. 92. Resolve fixing the compensation of the members of the leg- 
islature, THE CHAPLAINS AND THE MEMBERS OF THE EXECUTIVE 
COUNCIL AND OF THE ASSISTANT-CLERKS OF THE LEGISLATURE. 

and wprTsen'ta- Ptesolved, That there be allowed and paid out of the treas- 

"''^^- ury ofthe Commonwealth, to each of the members of the 

senate and house of representatives, the sum of five dollars 
per day, for each day's attendance during the present ses- 

Assistant-cierks gjon ; to Benjamin C. Dean, assistant-clerk of the senate, and 
c apams. ^jjjj^j^ j^ Crafts, assistaut-clcrk of the house of represen- 
tatives, each the sum of seven hundred and fifty dollars for 
their services at the present session of the legislature ; to 
the chaplains ofthe two branches four hundred dollars each, 

Lisut. governor for tlic scsslou ; to tho lieutcnant-govemor the sum of ten 
dollars, and to each of the members of the executive council 
the sum of five dollars per day, for each day's attendance 
during the present year. ApprovedJune 1, 1867. 

Char). 93. Resolves in relation to the commonwealth flats near south 
^ ' ' boston. 

of'i'egisTture^* Resolvecl, That a joint committee consisting of three mem- 
with approval of jjcrs ou tlic part ofthe senate with six members on the part 
council, to sell of thc liouse of representatives be appointed, with full author- 
eertam flats. -^^^ subjcct to the approval of the governor and council, to 
release for money or such other valuable consideration, and 
upon such terms and conditions as they shall think fit, the 
right, title and interest ofthe Commonwealth in and to the 
whole or any part of the land and fiats in Boston harbor, 
which lie northerly of South Boston and easterly of Fort 
Point Channel, and within the exterior line on the plan for 
the occupation of the flats owned by the Commonwealth in 
Boston harbor, approved by the legislature in the eighty-first 
chapter of the resolves of the year one thousand eight hun- 
dred and sixty-six, and on any modification of said plan here- 
after made ; and said committee may sit in the recess of the 
legislature. 
May contract for Ecsolved, That Said committce may contract with any per- 

iilliDg, Duilaing ' , (>-r-v f ir-iT J- 

wharves, making SOU or pcrsous, Or tlio City of Boston, for the fillmg of any 

streets, etc.. and ,• n • -\ n j />i'it i i-il 

pay cost with portiou ot said flats or for building wharves, or making ciocks, 
or rigws upon"!'* basins, streets, bridges or sewers, dredging or doing any 
other work upon or in relation to said flats, and to pay for 
thc same by conveyances of any portions of said flats or the 
granting of any rights or privileges therein, and for laying 
out and buildino; streets and sewers to and over said flats 



1867.— Chapter 93. 785 

or any part thereof, reserving and laying out channels, and f^Tn''"of'raifroad 
they may authorize any corporations or persons to lay and tracks. 
use railroad tracks over any parts of said flats for the pur- 
pose of transporting materials for filling up the said flats, 
and of any other work in relation thereto, and shall have 
full power to determine and settle, hy agreement, arbitra- anYprfratJ'"^"'' 
tion or process of law, the relative rights and interests of rights. 
the Commonwealth and all other parties in and to and over 
said flats and any parts thereof ; and said committee shall May improve 
have power to enter into any contracts in regard to the 
occupation and improvement of said flats which said com- 
mittee think best : provided, that every conveyance made, fj be^approve^d*^ 
and the terms thereof, every contract entered into, every by goyemor and 

' V ' ti council. 

authority given for laying railroad tracks and otherwise, 

every plan for the occupation of said flats and building docks, 

basins, wharves, streets and sewers thereon adopted by said 

committee, and all acts of said committee in relation to said 

flats, shall be submitted to the governor and council, and 

shall not be binding on the Commonwealth and shall not 

have any force or effect until the same have been approved 

by the governor and council ; and that nothing herein con- ^°;^j'"j°°^y ll^ 

tained shall authorize said committee, by any stipulation or treasury. 

contract, to require the payment of money from the treasury 

of the Commonwealth. And all moneys received under and Moneys received 

by virtue of these resolves, other than moneys hereinafter cept certain, to 

applied to the compensation fund, shall be paid to the treas- foVs°iiki*nrfund, 

urer of the Commonwealth, to be applied to the sinking fund, un^derActises, 

as provided for by section three of chapter one hundred and 

twenty-two of the acts of tlie year eighteen hundred and 

sixty-five. 

Resolved. That the said committee may make any con- committee may 

, , i-iji l^ • -x • t • • ,^ c j^t • • make contracts 

tracts which they thmk judicious with any oi the riparian with riparian 
proprietors in South Boston, for the purchase of any of their o"'""^- 
flats, or rights or interest therein : provided, that no such con- Proviso: shaiibe 
tract shall be binding on the Commonwealth until the same ecutiv^; pay-^" 
has been approved by the governor and council, and that no "nent of money, 
such contract shall require the payment of any money from 
the treasury of the Commonwealth beyond the amount 
received under this act. 

Resolved, That said committee shall neither fill nor make Displaced tide- 
any contract for the filling of any portion of said flats, nor uon forto be°^^" 
allow the same to be filled by any person or persons, without provided as con- 
first providing for such compensation for tide-water displaced 
as may be necessary for the protection and preservation of 
the harbor of Boston, the amount of such displacement to be 
ascertained, and the amount and nature of the compensation 

42 



786 



1867.— Chapter 93. 



Committee shall 
consult harbor 
commissioners 
and be approved 
by executive. 



Commissioners 
to direct work, 
if done; money 
in lieu to be paid 
into treasury, 
under Act 1866, 
149 § 4. 



Committee to es- 
timate sum of 
cost and method 
of pay for filling 
whole area, and 
report. 



Shall appoint 
hearing for par- 
ties in interest 
and give notice. 



Shall suggest 
needful law. 



Account of ser- 
vices and ex- 
penses of com- 
mittee, to be sub- 
mitted to gover- 
nor and council. 



Tenure of com- 
mittee. 

Majority act. 



necessary to be made therefor, or the worth of the same in 
money, to be determined by said committee, after consulta- 
tion with the board of harbor commissioners and the advisory 
council of said board, and subject to the approval of the gov- 
ernor and council ; and such work shall be done under the 
direction of the board of harbor commissioners, or the money 
received in lieu thereof shall be paid into the treasury, in the 
manner provided in section four of chapter one hundred and 
forty-nine of the acts of the year eighteen hundred and sixty- 
six, and shall be applied to making compensation, in such 
manner as the legislature shall hereafter determine. The 
committee shall estimate the cost of compensation necessary 
to be made for filling the whole area herein authorized to be 
filled, and shall inquire into the best method of making such 
compensation, and report all the facts with their recommen- 
dations to the next legislature. 

Resolved, That said committee shall appoint a time and 
place for hearing of all parties interested in the premises, on 
all matters preliminary to the execution of their commission, 
and shall give at least ten days' notice thereof, by publica- 
tion in three or more newspapers printed in the city of Bos- 
ton ; and it shall be their duty to suggest for consideration 
any new enactments of law which they may think needful 
for the purpose of carrying into full effect any agreements 
made or contemplated by them, and of securing the public 
objects aforesaid in the future improvement of said land and 
flats conformably to said plan ; and they shall keep an account 
of all their actual services and of all expenses attending the 
execution of their commission, to be duly audited and allowed 
by the governor and council, and paid by warrants upon the 
treasury duly drawn for that purpose by the governor, who 
is hereby authorized to draw the same. 

The authority of said committee shall continue until the 
action of the next legislature thereupon. The act of the 
major part of the committee shall be taken to be the act of 

the committee. Approved June 1, 1867. 



1®=" The General Court of 1867 passed three hundred and fifty-nine 
Acts and ninety-three 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 thirty-four ; Special Acts, 
relating to private rights, persons and corporate bodies, two hundred 

AND TWENTY-FIVE. 



Amendment of U. S. Constitution. 787 



RESOLVE 

RELATIVE TO AN AMENDMENT OF THE CONSTITUTION OF THE 
UNITED STATES. 

Whereas, the legislature has received official notification 
of the passage by both houses of the thirty-ninth congress of 
the United States, at its first session, of the following propo- 
sition to amend the constitution of the United States, by a 
constitutional majority of two-thirds thereof, in words follow- 
ing, to wit : 

JOINT RESOLUTION, PROrOSING AN AMENDMENT OF THE CONSTITU- 
TION OF THE UNITED STATES. 

Be it resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
(two-thirds of. both Houses concurring,) Tiiat the follow- 
ing article be proposed to the Legislatures of the several 
States, as an Amendment to the Constitution of the United 
States, which, when ratified by three-fourths of said Legis- 
latures, shall be valid as a part of the Constitution, namely : 

Article XIV. 

Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of 
the United States, and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States, nor 
shall any State deprive any person of life, liberty or property, 
without due process of law, nor deny to any person within its 
jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the 
several States, according to their respective numbers, counting 
the whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for the 
choice of Electors for President and Vice-President of the 
United States, Representatives in Congress, the Executive and 
Judicial officers of a State, or the Legislature thereof, is 
denied to any of the male inhabitants of such State, being 
twenty-one years of age, and citizens of the United States, or 
in any way abridged, except for participation in rebellion, or 
other crimes, the basis of representation shall be reduced in 
the proportion Avhich the number of such male citizens shall 
bear to the whole number of such citizens, twenty-one years 
of age, in such State. 



788 Amendment of U. S. Constitution. 

Section 3. No person shall be a Senator or Representative 
in Congress, or Elector of President or Vice-President, or hold 
any office, civil or military, under the United States, or under 
any State, who having previously taken an oath as a member 
of Congress, or as an officer of the United States, or as a 
member of any State Legislature, or as an Executive or 
Judicial officer of any State, to support the Constitution of 
the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may by a vote of two-thirds 
of each House remove such disability. 

Section 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for the 
payment of pensions and bounties for services in suppressing 
insurrection or rebellion, shall not be questioned. But 
neither the United States, nor any State, shall assume or 
pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for the 
loss or emancipation of any slave ; bat all such debts, obli- 
gations and claims, shall be held illegal and void. 

Section 5. The Congress shall have power to enforce by 
appropriate legislation the provisions of this article. 

Therefore^ resolved, That the said proposed amendment to 
the constitution be, and the same is hereby ratified by the 
legislature of the Commonwealth of Massachusetts. 

Resolved, That certified copies of the foregoing preamble 
and resolution be forwarded by the governor to the president 
of the United States, to the presiding officer of the United 
States senate, and the speaker of the United States house of 

representatives. \_Passed in tie House of Representatives on March 
15, and in the Senate, March 20, 1867.1 



INAUGURAL ADDRESS 



HIS EXCELLENCY ALEXANDER H. BULLOCK. 



At twelve o'clock on Friday, the fourth 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 Hous6s, met the Senate and House of Representatives, 
in Convention, and delivered the following 

ADDRESS. 

Gentlemen of the Senate and 

of the House of Representatives : 

In the name of the people we have convened in this hall 
of our fathers to take the oaths of office and duty. The 
place of our assembling has been consecrated for two gener- 
ations by the sacrifices and the blessings of free govern- 
ment. It is fit and proper, as it is also in accordance with 
the custom of our ancestors, that we should give one hour 
to review, before we proceed in our spheres of labor. 
Surely, and fii^st of all, we owe devout gratitude to the 
Father of mercies, that He has, through another year, 
granted to our beloved Commonwealth a term of health and 
prosperity ; that He has inspired her citizens with the same 
principles of integrity and courage which have kept her 
institutions unsullied in the past ; and that He has brought 
us together, her chosen representatives, under no regret for 
any delinquency of those who have come and gone before 
us, but only responsible, and anxious, lest our exertions 



790 GOYERNOR'S ADDRESS. 

shall be less worthy than theirs of the approval of Him who 
is the stay and trust of Massachusetts. 

In the discharge of my part in this duty of our Conven- 
tion, I propose, in accordance with ancient usage, to discuss, 
with whatever information I possess, the condition of the 
local interests of the Commonwealth, and also to speak 
frankly and fully of her relations as a member of the federal 
Union. 



LIABILITIES OF THE C0M3I0NWEALTH. 

• The funded debt of the State on the first 

day of the present year was . . . $24,399,224 25 
^Vnd the unfunded debt was . . . 2,947,963 16 



Amounting in the aggregate to . . 827,347,187 41 
This statement presents an apparent in- 
crease of the former during the year, of 5,267,789 25 
And a decrease of the -latter, of . . 1,043,473 84 

This increase in the funded debt, which includes the loans 
to various railroad corporations, has accrued chiefly from the 
absorption of the temporary loans outstanding on the first 
day of January, 1866 ; from the investment of more than 
$1,500,000 of cash belonging to the various funds in the 
purchase of the Bounty Fund and Massachusetts War Fund 
scrip ; and from the addition of the difference between 
$4.44 and $4.84 per pound on the sterling bonds loaned to 
the Western Railroad and the Troy and Greenfield Railroad 
corporations ; these bonds having been originally computed 
at $4.44, while their redemption must be provided for at 
$4.84 per pound sterling. 

The unfunded debt, at present existing, has arisen mainly 
from advances in excess of the issue of scrip to meet 
expenses incurred on account of the Troy and Greenfield 
Railroad and Hoosac Tunnel ; from the re-imbursements to 
cities and towns of amounts paid to families of volunteers ; 
and from unexpected expenditures authorized by Acts of 
special legislation in excess of previous estimates. 

Of the funded debt, before stated, the sum of $6,826,196 
is absorbed in loans made to railroad corporations, which are 
secured by bonds, mortgages, sinking funds, and collaterals. 
This, however, includes the amount issued on account of 
the*Troy and Greenfield Railroad and Hoosac Tunnel, the 
redemption of which has since been assumed by the Common- 
wealth. But this fact strengthens the security, since the 



GOVERNOR'S ADDRESS. 791 

title has become absolute in the State. Of the remainder of 
the funded debt, the payment of 822,005,568 is amply and 
with certainty provided for by sinking funds, established, 
pledged, and supplied each year for that purpose ; and the 
sum of $2,393,656.25, including the Coast Defence Loan, 
(1888,000,) and the Three Years Loan, ($1,055,656.25,) 
has accrued without any special provision for its redemption 
other than the ordinary resources of the Treasury. 

Li connection with this subject, it may be stated that the 
accumulations of the Debt Extinguishment Fund from the 
increased value of its securities, of the Union Loan Sinking 
Fund, and perhaps of some other funds, promise largely to 
exceed the amount necessary for the redemption of scrip 
for which they are pledged ; thus furnishing means for tlie 
liquidation of loans for which no provision has yet been made, 
whenever, in the judgment of the Legislature, it shall seem 
desirable to make such reservation. It may be added, also, 
that the Treasury has now upwards of two millions of dol- 
lars in hand with which to retire the seven per cent. Tempo- 
rary Loan soon to commence its maturity, and to liquidate 
other portions of the unfunded loans and floating liabilities. 

MASSACHUSETTS WAR EXPENSES. 

Of the aggregate expenditure of Massachusetts on account 
of the war, amounting to more than $50,000,000 including 
that of her municipalities, the sum thus far paid and payable 
directly from the State Treasury is not less than $30,000,000. 
Of this last named amount, the sum of $3,532,092.78 has 
been charged to the United States Government, under the 
provisions of the Acts of Congress authorizing partial 
indemnification for expenses incurred by the loyal States. 
During the past year, an additional allowance of $621,435.53 
has been received from the United States, making, with the 
amounts previously received, a total re-imbursement thus far 
of $2,555,749.74 on this account. Of the unadjusted balance 
of $976,343.04, about $30,000, included in our final account, 
remains to be submitted to the proper department at Wash- 
ington. Of the remainder, the sum of $919,573.18 is 
suspended for explanation and information now nearly ready 
to be forwarded with our final account ; leaving less than 
$27,000 of the whole account thus far actually disallowed. 
It is but just and reasonable to claim and to expect from the 
General Government a full re-imbursement for expenses 
thus incurred. 



792 GOVERNOR'S ADDRESS. 

FINANCE FOR THE PRESENT YEAR. 

The estimate of ordinary revenue for the year, which I 
make from the best materials at my command, amounts to 
the sum of about 81,200,000 00 

The estimate of the expenditures can 
scarcely fall short of 5,000,000 00 

In this I allow for aid to disabled soldiers 
and the families of the slain, under the Act 
of 1866, the sum of 1,800,000 00 

The returns from the towns have not yet been received 
and added, but it is scarcely probable that the total can be 
less than I have estimated. This sum, when ascertained, 
should be provided for by tax, and I see no reason to doubt 
that it will constitute nearly or quite one-half of the whole 
amount necessary to be raised by taxation. 

In these estimates I have made no account of additional 
appropriations for the prosecution of the work at the Tunnel. 
Tiie Legislature for the last few years has permitted the 
appropriation for this object to be provided for by temporary 
loans, which afterwards are transferred to the funded debt. 

By an order adopted by the Governor and Council, after 
mature deliberation, and under the provisions of chapter 122 of 
the Acts of 1865, establishing the War Fund, the Treasurer 
has already issued five-twenty six per cent, currency bonds 
amounting to 82,113,000, of which the larger part has been 
applied in retiring the temporary indebtedness. In the 
opinion of the Treasurer, approved by the Executive Depart- 
ment, this was deemed to be the best policy of finance which 
can now be adopted. Already, in the period of four years 
and a half, the purchase of gold coin for the pay- 
ment of interest has drawn from the Treasury the sum of 
$1,292,516.77. 

EDUCATION. 

The returns made to the office of the Board of Education 
exhibit a year of unexampled interest and progress. The 
increase in the number of pupils of all ages in the schools is 
shown to be nearly ten thousand, while the average attend- 
ance has increased more than eleven thousand and five 
hundred. No feature of the returns is more satisfactory 
and encouraging than the marked advance in the wages paid 
to teachers. The amount raised by taxes for schools during 
the year is 81,993,177.39, showing an excess of 8210,552.77 
over the preceding year. When to this we add the sum 



GOVERNOR'S ADDRESS. 

received from funds and other sources, both for public and 
private schools, we have the result of 82,574,974.49 expended 
on schools ; which is equal to the sum of 110.09 for every 
person in the State between five and fifteen years of age. 
I know not any more inspiring cause for hope, nor any 
higher proof of the determination of the people to add to 
the security of government the power and grace of intelli- 
gence, than is furnished by this unprecedented aggregate of 
contributions, made in a year of also unprecedented severity 
of other taxation to discharge the burdens imposed by 
public war. 

All the towns have raised the amount required by law as 
a condition of receiving their share from the State fund, and 
sixteen only have failed to raise double this sum ; a fact 
which has not occurred in any former year. The experience 
which in this respect makes up the record of the last year 
and of preceding years, establishes, almost beyond doubt, 
the practical wisdom and the working efficiency of a State 
education fund, large but limited, and taking effect rather 
as an incentive to popular appropriations than as a leading 
source of supply. 

I advert to another item from the voluminous returns, 
which takes a place comparatively obscure among the deci- 
mals of arithmetic, but if carried forward, will take a promi- 
nent place in the intelligent growth of the State. The 
percentage of the valuation of 1865 appropriated for public 
schools in the last year was one mill and ninety-eight hun- 
dredths, ($.001.98,) — an increase on the preceding of twenty- 
one hundredths of a mill, (-$.0,0.21.) A delicate ratio when 
expressed to the eye or the ear ; but if it shall be maintained 
hereafter, at the close of a decade the sum appropriated to 
public schools will exceed the amount of $6,000,000 per 
annum. 

It appears that a large and constantly increasing percent- 
age of female teachers, both in summer and in winter, is kept 
in charge of the department of education. In the last 
educational year thirteen hundred and seventy-seven (1,877) 
male teachers, and ten thousand eight hundred and eighty- 
five (10,885) female teachers were placed over the public 
schools. I deem it proper to state, also, that the Normal 
School at Framingham has been put vmder the superintend- 
ence of a woman, by the unanimous approval of the mem- 
bers of the Board of Education, with whose judgment it was 
my pleasure to concur. It also appears that the average 
wages of female teachers is considerably less than one-half 
of that of male teachers. It would be justly a cause of 

43 



794 GOVERNOR'S ADDRESS. 

regret, if it should prove that the reason of the predominant 
number of female teachers is only or chiefly the cheaper 
price of their services ; nor is it believed that this is gener- 
ally true. The facilities and felicities which woman brings 
to the scope, and range, and adaptations of instruction, are 
well established by philosophy and experience in the field of 
education, and ought to absolve the preference which is given 
to her in tlie schools of Massachusetts from the hypothesis 
of mere mercenary advantage to be derived from her 
employment. Her mission in tlie progression and elevation 
of the coming generations of youth is part of a higher 
philosophy, and a juster judgment, in the realm of modern 
civilization. I must therefore again ask permission to urge 
upon the people of the Commonwealth the policy, the wis- 
dom, and the diity of a continued advance in the compensa- 
tion of the labor of those to whose influence the character of 
the State is so largely committed. It is not the ordinary 
question of economic supply and demand. It is rather a 
condition of the public benefit and destiny, which must be 
met by a spirit of large liberality and of comprehensive 
benevolence to the generations which are to succeed us. 

PUBLIC INSTITUTIONS. 

The charities of Massachvisetts are among her most 
cherished institutions. By her efforts and sacrifices for their 
establishment, maintenance, and advancement, she has won 
an enviable name. On this subject her citizens are peculiarly 
sensitive. Colonial records, provincial laws, and State 
enactments give ample proof that the straitened means of 
an infant people and the gathered wealth of a prosperous 
State have contributed in full proportion to the relief of the 
needy, and the cure or care of those stricken of God and 
afflicted. 

As a riper experience and a better knowledge have 
gradually developed the true relations and the actual needs 
of her dependent classes, she has never faltered in word or 
work. True alike to instinct and tradition, the Legislature, 
sustained by her tax-paying people, has preferred rather to 
exceed, by a liberal provision, than fail to meet the require- 
ments of humanity, as interpreted by the spirit of the age, 
and the results of scientific investigation. Statutes centu- 
ries old, the substance of which is incorporated into our 
present laws, provided for her poor. A generation ago, the 
blind, the deaf mute, and the lunatic received her care, and 
were not forgotten in the generous benefactions of her sons 
and daughters. And while provision was made for all, 



GOVERNOR'S ADDRESS. 795 

caution and sound judgment marked the steady and har- 
monious progress of her charities, till their course was 
suddenly and rudely interrupted. 

Origin of the State System. 

It pleased God to afflict another people with pestilence and 
famine, thereby opening a way, through the consequent 
immigration, for the development of our latent resources, 
and their own material and social advancement. 

But with the advantages gained, the seaboard States were 
compelled, while all unprepared for it, to encounter the 
inevitable results from the influx of a sickly and poverty- 
stricken population. In Massachusetts, the effect was 
speedily manifest in the crowding of the local almshouses, 
the hospitals and jails, with paupers, invalids and lunatics. 

The unequal distribution of this burden, which bore most 
heavily on the cities and towns adjoining the sea-coast and 
the railway lines, created an urgent appeal for relief to the 
Legislature. This body, finding itself helplessly encumbered 
by their pecuniary claims, not one-half of which could be 
examined in an ordinary session, superseded its long-standing 
committee on accounts by creating the bureau of the State 
Auditor. It also intrusted to its most sagacious and far- 
seeing members the investigation of the whole subject, in 
the hope of immediate relief and future protection. Hence 
the establishment of the present State system, which went 
into operation in 1854 ; but not until the penalty of more 
than a million of dollars had been incurred for the absence 
of protective statutes, and the inefficient execution of exist- 
ing enactments. For the sick immigrants, the hospital at 
Rainsford Island was refitted and reopened. For the pau- 
pers. State almshouses were built, and for the lunatics 
another hospital was erected, to which, in four years, was 
added a third. These buildings and their equipment alone 
have up to this date cost the State over 8900,000. There 
was further entailed upon our people, for the support of 
these institutions, an annual expenditure of a quarter of a 
million, and I am informed that a large part of the present 
outlay for our charities is due to the dependent survivors of 
this early immigration. 

Board of Alien Commissioners. 

As an indispensable part of the system, the Legislature 

created the Board of Alien Commissioners, whose province 

it was to gnard the State by land and "Sea against the influx 

of those likely to become a public charge, without ample 



796 GOVERNOR'S ADDRESS. 

guarantees for their support or removal. Several years 
elapsed before this Board was suitably organized ; but as 
early as 1857 its activity became manifest. In the next 
six years it sent from the State 12,000 paupers and lunatics, 
legally and equitably chargeable to other communities. By 
this system of prompt removal, it stayed the increase of 
public charitable institutions, to which no addition has been 
necessary since that date. It turned back the tide of 
vagrants penetrating every hamlet of the State. It gave 
such ample protection by sea, that the commutation money 
collected was sufficient to support all immigrants thus enter- 
ing the State who became a public charge within five years 
after their arrival, to pay the expenses of collection and 
leave a liberal surplus. It had succeeded, too, in reducing 
the expenses of State pauperism to $200,000 per annum, 
when the outbreak of civil strife deranged its plans, by 
introducing new classes of dependants. 

Board of State Charities. 

But in the State system, there existed abuses which the 
Alien Commissioners had not the power to abate. In the 
judgment of the Legislature the time had come for the 
creation of a central board with larger powers, and a more 
extended supervision, yet retaining all that was valuable in 
the old organization. Accordingly it established the Board 
of State Charities, in the faith that the study of learned and 
thoughtful men, combined with the experience of practical 
philanthropists, might simplify our cumbrous system, relieve 
the friction of local boards, and point the way to a reduction 
of pauperism and crime by exposing, and suggesting means 
to remove, their causes. 

By a happy coincidence there are associated upon this 
Board the good physician, who has given eyes to the blind, 
and whose living sympathy with humanity is recognized in 
either hemisphere ; and the legislator of judicial experience, 
to whose practical sense and legal acumen the State is mainly 
indebted for the statutes that have mitigated the intolerable 
burdens of the former years. With such guarantees for 
sincerity and impartiality of investigation, the opinions of 
the Board are entitled to your confidence and their sugges- 
tions to the test of actual experiment. So much at least is 
due to their liberal expenditure of time and labor, and the 
uncompensated services of all the members, save its executive 
officers. 



GOVERNOR'S ADDRESS. 797 

Cost of the Board of Charities. 

The entire cost of the Board proper for 1866, including 
the compensation and expenses of their agent for visiting 
indentured and adopted children, is $1,900, from an appro- 
priation of $2,500 ; of the office of the secretary, |8,000 ; 
of that of the General Agent, $12,000. The latter officer 
has collected from immigrant head-money and other sources, 
and paid into the treasury, more than $30,000, — thus cover- 
ing the entire expenses of the department and leaving a 
surplus of nearly $9,000. Referring you to the Annual 
Report of the Board for the details of its complicated busi- 
ness, I mention one item, of too much importance to our 
tax-payers to be omitted here. 

While the State has supported during the past year an 
average of 2,375 paupers and lunatics, at a cost of $300,000, 
the Board of Charities has removed from our limits, or fully 
provided for two thousand more, who would otherwise have 
been supported at the public expense. The* same agency 
has removed 17,000 of this class since 1857. The enormous 
outlay not only for annual support, but for buildings and 
equipment thus legally and honorably avoided, sufficiently 
indicates our duty, as well as our policy, for the future. 

Merely adding that the recommendations of the Board, 
adopted by your predecessors, have already produced most 
gratifying results, I proceed to speak of the several classes 
of institutions. 

The Lunatic Hospitals. 

These institutions are supervised by unpaid Boards of 
Trustees, whose personal character assures the faithful 
performance of their duties. 

I have visited them in company with the Executive Council, 
and can commend their general appearance and management. 
Their relation to the Commonwealth consists in the recep- 
tion and treatment of State pauper lunatics at a rate of 
board fixed by the Legislature and approximating to the 
actual cost of the support. It is now three dollars and 
twenty-five cents per week. 

The number thus supported on the 30tli of September, 
1865, was 478 ; on the same date, the present year, 548. 
This increase is due to the inadequate means of the Board 
of Charities for their examination and removal. As this 
increase involves an additional expense of over $13,000 per 
annum, for as many years as they may continue to be 
inmates, it is simply justice to our tax-payers to appropriate 
the small sum necessary to dispose of them as justice and 
humanity require. 



798 GOVERNOR'S ADDRESS. 

I have caused a careful computation to be made of tlie 
aggregates of the annual increase for the past nine years, 
and find it to be 1,053, all but 70 of whom, excepting those 
who have died, have been removed through the officers of 
the charities. Tliis is an average of 117 a year, enough, 
after allowing for the mortality, to require the establishment 
of an additional hospital once in four years, unless the laws 
of the State are rigidily executed. To the fact that the lavrs 
have been thus executed is due our exemption from an otlier- 
wise intolerable burden. Nearly all these parties are entire 
strangers. There is no reason why Massachusetts should 
assume their support, and I am confident that the interests 
of humanity will be best subserved by adherence to the 
principle at present adopted, that every community shall 
maintain the classes of dependants for which it is legally 
liable. 

The cost of these institutions to the State, for the current 
year, has beeii 1103,000. 

The Slate Almshouses. 

The past year has witnessed an important change in two 
of these establishments. In compliance witli the recom- 
mendation of the Board of Charities, the last Legislature 
adopted a new system of classification. Heretofore, the 
young and the old, the reputable and the vicious, the sane 
and the insane, have mingled indiscriminately in the same 
institutions. This admixture has been as revolting to the 
feelings as prejudicial to good morals. It was, therefore, 
provided that a State Workhouse should be established 
on the premises of the Commonwealth at Bridgewater, to 
which should be committed on long sentences such inmates 
of the State Almshouses as should be convicted before a 
trial justice of vagrancy or of leading idle and dissolute 
lives ; and further, that the State Almshouse at Monson 
should be converted into a Primary School, to which should 
be transferred, for discipline and instruction, such children 
as appeared likely to be chargeable to the State for a period 
longer than six months. From these children were removed 
all the disabilities of pauperism, and provision was made for 
placing them as soon as possible in suitable families. A 
visiting agent was appointed by the Board of Charities to 
insure a constant knowledge of their treatment and a fulfil- 
ment of the conditions on which they were so placed. 

This action is a virtual abandonment of two of the State 
Almshouses as such, except for the reception of the few 
temporary inmates supplied by the districts in which they 



GOVERNOR'S ADDRESS. 799 

are located. It seems to be a measure of economy and 
humanity, and I am informed that it promises to be a com- 
plete success. Since the first of October, ninety inmates 
liave been sentenced to the State Workhouse, and the effect 
is already apparent in the diminution of admissions to the 
State Almshouses. 

The Primary School at Monson contains 445 pupils, and 
will compare favorably with the majority of our district 
schools. 

There are a few hundred paupers remaining at Bridge- 
water and Monson, who will be nearly all removed in the 
coming spring, when each institution will assume more 
completely its distinctive character. 

The institution at Tewksbury, under the policy adopted 
by the Legislature, will eventually be the only State Alms- 
house. The elimination of the vicious and criminal ele- 
ments will relieve it in great measure of the repulsive 
features that have hitherto so disfigured the Almshouses, 
and render it a more suitable home for the deserving poor. 
It is under the charge of a kind-hearted and conscientious 
Superintendent. Its medical department, now involving a 
great increase of labor and responsibility, through the open- 
ing on its premises of a receptacle for the harmless and 
apparently incurable insane, has been recently placed under 
the care of a physician of high character and acknowledged 
ability. Its successful management under the new arrange- 
ment will demand financial skill, executive force and prompt- 
ness, and a banishment of undue timidity. Let us hope 
that both its Superintendent and its Board of Inspectors 
will cooperate sincerely and efficiently Avith the Board of 
Charities in that policy which seeks not only an economical 
administration, but a better knowledge of the principles that 
should control the treatment and support of the insane and 
the indigent. Its inmates, including about 150 pauper luna- 
tics, now number 780, and the aggregate population of the 
three establishments is about 1,800, less by ten per cent, than 
at the same date in 1865. The sum actually drawn from 
the Treasury for their maintenance is for the current year 
8170,000, or somewhat less than 82 per week for each person 
supported. 

Rainsford Hospital. 

It remains to speak of the Hospital at Rainsford Island, 

which, as it has recently been discontinued in part, requires 

a somewhat extended notice. This island was purchased in 

1730 for hospital purposes. A careful examination of the 



800 GOVERNOR'S ADDRESS. 

legislation from that date to 1775, shows that it was intended 
and used only for persons ill with contagious diseases, who 
might arrive by sea or reside " in or near Boston." The 
selectmen of that town were its supervising board. It after- 
wards passed entirely under the control of that city, though 
the title remained vested in the State. The increase of 
immigration between 1845 and 1852, and the consequent 
sickness, caused the State to resume its direct control and 
refit the island for hospital purposes, for which it was 
re-opened in 1854. But sanitary measures applied to the 
immigrant ships soon removed the sickness, and since that 
date its patients have been mainly the vicious poor of Boston 
and vicinity, who would be more appropriately committed to 
the excellent hospitals of the State Almshouses. To main- 
tain so costly an institution for this class, many of whom 
under various pretexts would linger for months after their 
recovery, seemed only bestowing a premium on vice, and 
great efforts were made to reduce its numbers and expendi- 
tures. These were resolutely opposed by the local officials, 
and extraordinary means were used to secure patients — or 
rather inmates — till tlie passage of the excellent Act of 1865, 
providing that the sick poor not able to be moved to a State 
Almshouse should be cared for at their own homes, the 
expense to be borne mainly by the State. This of course 
rendered any farther occupancy of the island entirely need- 
less except as a quarantine station. The few remaining 
patients were therefore removed and the officers and attend- 
ants relieved from duty. The island is now under the 
charge of a keeper, and will be used strictly hereafter for its 
original purpose. Thus has been terminated a troublesome 
controversy, and a needless expenditure of some thirty thou- 
sand dollars per annum. I have yet to learn that by reason 
of this action any sick person has suffered, or any increase 
in numbers has occurred in a single State institution. 

I deem it proper to say that the above action was taken 
deliberately and advisedly by the Executive Department in 
view of the heavy and needless expenditure of the Hospital. 
Its average number of inmates for the year ending Sep- 
tember 30, 1866, was 125 ; its cost for the same time 
for expenses and repairs, $35,000 ; its cost, since it was 
re-opened in 1854, not less than $407,000. 

I must add that an establishment called the Military Bar- 
racks was fovmd on the island, supported without color of 
law from the pauper appropriation, and containing some forty 
discharged soldiers. Having ascertained that numljers of 
these were of dissolute character, and that all the deserving 



GOVERNOR'S ADDRESS. 801 

could be comfortably and legally cared for in the " Dis- 
charged Soldiers' Home," for which a liberal appropriation 
had been made, and of which the State was not availing 
itself, by the advice of the Executive Council I directed 
them to be removed. 

For an account of the School for Idiotic and Feeble- 
Minded Youth, the Asylum for the Blind, and the various 
Institutions of Reform and Correction, especially of the 
State Prison, which I am happy to learn is again about to 
become nearly or quite self-supporting, I must refer you to 
their elaborate and interesting Annual Reports. 

PROVISION FOR DEAF-MUTES. 

For successive years the deaf-mutes of the Common- 
wealth', through annual appropriations, have been placed for 
instruction and training in the Asylum at Hartford. While, 
in the treatment of these unfortunates, science was at fault 
and methods were crude, in the absence of local provisions, 
this course, perhaps, was justifiable ; bvit with the added 
light of study and experience, which have explored the 
hidden ways and developed the mysterious laws by which 
the recesses of nature are reached, I cannot longer concur 
in this policy of expatriation. For I confess that I share 
the sympathetic yearnings of the people of Massachusetts 
towards these children of the State, detained by indissoluble 
chains in the domain of silence. This rigid grasp we may 
never relax ; but over unseen wires, through the seemingly 
impassable gulf that separates them from their fellows, we 
may impart no small amount of abstract knowledge and 
moral culture. They are wards of the State. Then, as 
ours is the responsibility, be ours also the grateful labor. 
And I know not to what supervision we may more safely 
intrust this delicate and intricate task, than to the matured 
experience which has overcome the greater difficulty of 
blindness superadded to privation of speech and hearing. 
To no other object of philanthropy will the warm heart of 
Massachusetts respond more promptly. Assured as I am, on 
substantial grounds, that legislative action in this direction 
will develop rich sources of private beneficence. I have the 
honor to recommend that the initial steps be taken to pro- 
vide for this class of dependants within our own Common- 
wealth. Should this policy be adopted, I have every reason 
to believe that it would eventually result in a permanent 
decrease of the present annual expenditure for their support. 

u 



802 GOVERNOR'S ADDRESS. 

PRODUCTIVE ENERGIES OF MASSACHUSETTS. 

In accordance with the Act of 1865, providing for a Sta- 
tistical Return of the Industr}'- of the Commonwealth, the 
Secretary of State has compiled and published, in a volume 
of more than eight hundred pages, an enduring memorial of 
the capacity, activity and enterprise of our people. This is 
the Fourth Decennial Report on the same subject which has 
been prepared in compliance with our laws. 

In this connection it is interesting to recall the fact, that 
when, thirty years ago, in the commercial metropolis of the 
world, her capitalists consulted the great statesman of Mas- 
sachusetts as to the intrinsic value of the scrip of the Com- 
monwealth, then for the first time offered in a foreign 
market, his answer was the presentation of a copy of the 
First Report of her productive industry. The maturity of 
that scrip is immediately approaching ; and no better evi- 
dence can be furnished of the far-reaching wisdom of his 
reply, than a perusal of this latest record of her material 
prosperity and power. Whatever increase of her indebted- 
ness may have since been demanded by the enterprises of 
peace, or the exigencies- of war, the increase of her wealth 
and productive capacity in a yet greater ratio demonstrates, 
by the most convincing proof, lier ability to meet these added 
obligations. For, witli gratified pride I am enabled to an- 
nounce to every holder of a Massachusetts Bond, whether at 
home or abroad, the fact, that while the First Report indi- 
cated an annual product of eighty-six millions of dollars, the 
Second of one hundred and twenty-four millions, and the 
Third of two hundred and ninety-five millions, — the Fourth 
and last exhibits an aggregate of five hundred and seventeen 
millions (-^517, 000,000.) And this result is yet more grati- 
fying, and no less remarkable, when it is remembered that 
the increase of seventy-two per cent, on production in the 
last decade, has been attained with an increase of only three 
per cent, in our population. 

In reviewing this subject I cannot forget that the inventive 
genius of our people, developed by their necessities, has 
induced a variety of pursuits and a division of labor, which 
by relieving a too intense competition tends with greater 
certainty to the success of every man in his chosen depart- 
ment of toil. In this last published abstract of our industry 
I find enumerated more than two hundred distinct classifica- 
tions of pursuits, of which many are themselves susceptible 
of sub-division, while many others are omitted from the 
statement from a failure of the interrogatories propounded 
by law to keep pace with the ingenuity of our people. We 



GOVERNOR'S ADDRESS. 803 

may well doubt whether within the limits of any other 
nation, a community can be found so completely illustrating 
the power and the results of intelligence as applied to indus- 
try, in the vital force, the material wealth and the nobler 
advancement of mind and soul, developed by this combina- 
tion. 

These results have been achieved by a people numbering 
about twelve hundred and seventy thousand. The returns 
of the census of 1865 are now in process of compilation 
in the office of the Secretary ; but an examination of the 
tables foreshadows the above conclusion. The ratio of 
increase for the last period of five years has scarcely 
exceeded one-third of the ratio of the five years preceding. 
But when we consider how great have been the disturbing 
causes since 1860, our surprise is rather awakened by this 
steadiness of popular growth. During the same period of 
five years, from 1860, the valuation of property has increased 
from 8897,000,000 to 11,009,000,000, notwithstanding all 
tlie while the constant and extraordinary waste of war. 
Thus it appears, from results which are neither conjectural 
nor illusory, but which are derived from our admirable 
method of statistics, and are wholly trustworthy, that the 
Commonwealth is constantly advancing in all the ways of 
public strength. 

Nor are these energies and forces of wealth and power 
limited to the uses of mere local aggrandizement. Alike in 
time of strife or tranquillity, for maintaining the dignity of 
the Government, and cultivating the arts of peace, their 
proportion of the national burden has far transcended their 
ratio of population. The best blood of Massachusetts has 
been freely shed on land and sea, for the integrity of our 
empire, and the great idea of universal freedom ; but no less 
profusely, and with no less heroic sacrifice, have her people 
poured ovit their treasures to further the accomplishment of 
the same high purposes. Whether as voluntary offerings, or 
the necessary imposts of war, their contributions have been 
made with the same spirit of firm resolve and cheerful 
alacrity. 

By the courtesy of the Commissioner of Internal Revenue 
and the several Collectors, I have been enabled to ascertain 
that for the last fiscal year, the people of Massachusetts have 
paid in the form of internal revenue, specific and general, 
the sum of 831,989,208.33. Nor do these figures express 
the full amount of their payments ; for, estimating our 
proportional expenditure for stamps and other items not 
necessary to be recounted here, this amount will be at least 



804 GOVERNOR'S ADDRESS. 

837,000,000, of an aggregate revenue of 1311,000,000. 
This is 12 per cent, of tlie entire receipts of that Department 
from tlie whole country, — a result in marked disproportion 
to the comparative area and population of this Common- 
wealth, and illustrating the energy and patriotism of its 
people. If the influence of States in the national councils 
shall be commensurate with their contributions to the 
national support, the day is distant when in a public crisis 
the voice of the people of Massachusetts, speaking through 
their chosen representatives, shall be lightly regarded. 

SAVINGS BANKS. 

The first report of the Commissioner of Savings Banks 
will exhibit a large annual increase in this class of invest- 
ments. The whole amount of deposits is shown to be 
$67,717,947.80 ; an increase for the year of 87,781,465.28. 
It is now thirty-two years since this class of returns was 
made, and each year has shown an advance in the amount of 
deposits. That of the last year has far exceeded every other. 
It is now fifty years since the first Savings Bank was incor- 
porated in the town of Boston, and the present amount of 
deposits in one hundred and two institutions furnishes a 
proof that the original purpose of the system has at least 
been successful. Not only have the number of institutions 
and the aggregate amounts of the deposits been swollen to 
the present condition shown by the report of the Commis- 
sioner, but the average amount of deposits to each depositor 
has very largely and constantly increased. I commend these 
facts, and the suggestions of the Commissioner relating to 
them, to the consideration of the Legislature. 

It is certainly a fit source of pride that the thrift and fore- 
thought of the people is represented in the facts of this great 
success ; and it is equally worthy of consideration, in the 
present development and magnitude of the system, whether, 
with reference to possible financial exigencies, a larger dis- 
cretion and power may not wisely and safely be conferred 
upon the managers of these institutions. Under the present 
ratio of this investment but a few years will elapse before 
this capital will amount to one hundred millions of dollars. 
Those who are vested with its control ought to be also 
clothed with a discretion sufficient for the general safety in 
a contingency of pubUc panic. 

COLLECTION OP STATE TAXES. 

Great embarrassment and delay have been experienced in 
collecting the assessments under the corporation tax laws of 



GOVERNOR'S ADDRESS. 805 

1864 and 1865, by reason of the inadequate methods pro- 
yided. Many of the corporations withhold payment, and 
the number of these increases, by the influence of example, 
from year to year. The nvimber of cases now delinqvient is 
large, and the amount in dispute is more than ^100,000. 

In cases of the refusal of corporations to pay the tax 
assessed upon them under the law, the statute authorizes 
suits to be brought against them in the name of the Com- 
monwealth. This course has been adopted. But in these 
suits the questions of law which arise must await the decision of 
the Supreme Judicial Court ; which decision, in consequence 
of the large business before that tribunal, can only be 
obtained after considerable lapse of time. In the mean- 
while these corporations do not pay their tax, and others, 
because of the pendency of the questions of law, refuse to 
pay theirs. And, in addition, some of these cases may be 
carried upon writs of error to the Supreme Court of the 
United States, where in the ordinary course of the docket a 
decision may not be had before the second or third year 
after its entry. A large number of corporations may unite 
to carry any one representative cause into that court, — as, in 
the year just closed, a large number in a body refused for a 
common reason to pay the tax assessed upon. their capital, — 
and it is easy to perceive that the operations of the govern- 
ment may in this way be seriously embarrassed. 

Besides, this embarrassment reaches the individual towns. 
Under the fifteenth section of chapter 283 of the Acts of 
1865, to which I ask your attention in connection with this 
subject, as often as the corporations refuse to pay the tax, 
the accounts of the State Treasurer with the towns in which 
the stock of the delinquents is held, are kept open and 
unsettled, and the proper credit and re-imbursement to the 
towns must be held back until the final adjudication. 

In my opinion this is a state of things which is not in 
accordance with the dignity, necessity, or convenience of the 
State. The Commonwealth goes as a plaintiff seeking among 
the courts for its revenue, while any one of its municipali- 
ties may enforce the payment of its own taxes against the 
citizen by quick and summary process. I am .of the opinion, 
reinforced by constant complaints of embarrassment from 
the Treasury, that a remedy should be provided against this 
condition. 

I recommend that if a tax of the State remains unpaid, 
after notice, and after a sufficient time, the Treasurer be 
empowered to issue his warrant, directed to some appropri- 
ate officer, for the collection of such tax, in a manner 



806 GOVERNOR'S ADDRESS. 

analogous to that in which the towns are now authorized to 
jH'oceed against delinquent tax-payers. This should be a 
remedy in addition to those now provided by law. 

Of course any party aggrieved should have its remedy. 
If such tax should be decided illegal, perhaps the party of 
whom it has been collected in the manner proposed, might 
have an action at common law against the officer issuing the 
warrant, or against the persons assessing the tax. Such 
actions would be a public inconvenience and ought to be 
avoided. I recommend, therefore, that in lieu of any other 
form of action, and in exclusion of any other, such tax-payer 
be authorized to commence proceedings in the Supreme 
Judicial Court against the Commonwealth by a petition in 
the nature of a petition of right. 

HAEBOR COMMISSIONERS. 

A law establishing a board of Harbor Commissioners was 
enacted April 12, 1866. Under this Act I made early 
appointments, and the commission has been actively engaged 
in its responsible work. I beg leave to commend to the two 
houses a thoughtful consideration of the report of this board, 
composed of gentlemen who are eminent citizens, and whose 
recommendations may be safely received as the result of the 
mature judgment of disinterested and impartial officers. I 
anticipate from their deliberations and conclusions new 
guarantees of security to the commerce and the wealth of the 
State. If this board had been established twenty-five years 
before, many private rights, which by legislative grant have 
since accrued against the public interests, might have been 
wisely prevented. From those many Acts, which cannot 
now be revoked without an infraction of the public faith, let 
us take admonition for the future, respect and reasonably 
sustain the judgment of the commissioners, and receive their 
suggestions as the expression of a watchful jealousy against 
every encroachment of private interest upon the public 
safety and property. I repeat my former assurance, that 
every measure of safeguard to the harbor of Boston should 
receive the approval of the representatives from all parts of 
the State, since it furnishes equally to their own local con- 
stituencies tlie promise of their growth and prosperity. The 
experience of the few months during which this board has 
been in existence, has shown the necessity of some improve- 
ments in the law. 

A Resolve, passed in the year 1859, (chap. 103,) among 
other things, empowers the Governor and Council to author- 
ize riparian proprietors to build wliarves on their own and 



GOVERNOR'S ADDRESS. 807 

the Commonwealth's flats, and to fix the terms on which 
siicli wharves may be built, and the price to be paid to the 
Commonwealth. This part of the resolve, which is in reality 
an important law, was not embraced in the General Statutes 
enacted in 1860, and has not since been repealed. 

Tlie powers thus given to the Governor and Council seem 
to fall appropriately within the sphere of the Harbor Com- 
missioners, and can be more conveniently exercised by them 
in connection with analogous powers already conferred on 
them. 

The fourth section of the Act establishing the board sug- 
gests the form of the new powers and duties to be transferred 
to the Harbor Commissioners, if the Legislature shall concur 
with me in the opinion that this change ought to be made. 

I think the Harbor Commissioners ought to have the 
power of selling and of leasing any of the Commonwealth's 
flats, except the South Boston flats, and of adjusting the 
lines of flats between the Commonwealth and riparian pro- 
prietors, subject to approval by the Governor and Council. 

FISHERIES IN THE MERRIMACK AND CONNECTICUT RIVERS. 

I invite your attention to the report of the Commissioners 
of Fisheries, who were appointed under the Act of last year 
relating to this subject. These gentlemen have engaged 
zealously in the work of the commission, and their report 
presents gratifying results. This subject was first brought 
to the attention of the General Court, by complaint of the 
State of New Hampshire, that valuable migratory fish were 
excluded from that State by dams on the Merrimack and 
Connecticut, which stopped these fish on the way from the 
sea. The objects aimed at by the commission are, to open a 
free passage for these fish from the mouths of these rivers to 
their head waters ; to hasten the re-stocking of these waters ; 
to so regulate the time and manner of taking fish as to 
insure their certain propagation and supply, — and, by every 
practicable measure, to maintain the river water free of 
pollution. 

The Commissioners have already progressed so far, that, 
in the next spring, the Merrimack will be free from its 
mouth to head waters — by means of fishways over all the 
high dams, both in Massachusetts and New Hampshire. It 
remains to place the Connecticut in as good condition at the 
Holyoke and Turner's dams ; and this work also will prob- 
ably be completed in the course of the next season. The 
Commissioners of New Hampshire have cooperated with our 
own in re-stocking the waters of the Merrimack, and this 



808 GOVERNOR'S ADDRESS. 

part of the work will be still further prosecuted. For the 
effectual regulation of the taking of fish from these rivers, 
and for keeping them in a reasonable state of purity, addi- 
tional Acts of positive and restrictive legislation, and a 
further appropriation, will be essential. 

I deem the several measures recommended in the report 
of the Commissioners worthy of your approval. The States 
of Connecticut, New Hampshire and Vermont, are acting 
earnestly and in harmony with us, and a liberal policy on 
the part of the General Court is due not more to the import- 
ance of the enterprise itself than to comity towards these 
several States. As hitherto the people of Vermont and 
New Hampshire have not prevented the application of the 
large and valuable reservoir water powers lying within their 
limits to the support of the numerous manufactories situate 
below them, and owned by our own citizens, reciprocity on 
our part is justice towards them. The example of experi- 
ments elsewhere, undertaken and resulting in accordance 
with the established facts of natural history, warrant an 
expectation of profitable results here, if only the work be 
continued with thoroughness. 

BOUNTIES PAID — THE PAYMASTER'S DEPARTMENT. 

I have received and shall transmit to the legislature the 
final report of Brigadier-General J. F. B. Marshall, the late 
Paymaster-General. The labors of this department have 
been so far redviced that tlie services of this officer are no 
longer required. A perusal of this able and comprehensive 
report, which may justly be regarded as a document affect- 
ing the historical renown of the Commonwealth, will vindi- 
cate the title of this department to grateful consideration 
for its faithful labor, for its efficiency as an instrument of 
war administration, and for the scrupulous integrity which 
has marked the whole of its management in receiving, hold- 
ing, and disbursing many milKons of money.- 

It will also prove deeply interesting as a statement of the 
vast amount which the people, acting here through their 
representatives, have paid for the preservation of the govern- 
ment. You will observe by reading the report that the 
amount of State bounties paid since the beginning of the 
war, including a considerable sum already made up on tlie 
pay rolls but as yet unpaid, exceeds the figures of 813,000,- 
000. If to this I could add, — that which I am unable defi- 
nitely to ascertain, and of which my mind has only a general 
estimate, — the amount of bounties paid locally by individual 
citizens and by the several municipalities of the State, — it 



GOVERNOR'S ADDRESS. 8Q9 

would be demonstrated beyond the possibility of cavil that 
in the late national struggle the people of this Common- 
wealth have exhibited a measure and heroism of pecuniary 
sacrifice not surpassed by any other people on the globe. 

By the mustering out of the twenty-fourth and thirtieth 
regiments during the past year the payment of monthly 
bounties to Massachusetts volunteers has ceased. And yet 
there are those, numbering from two hundred to three hun- 
dred, who enlisted in the regular service of the United 
States and on the quota of the State, the payment of whose 
bounties under the Act of 1863 will not terminate until 
April, 1868. In addition to this current business of the 
paymaster's office, there will be the payment of old bounties, 
not yet called for, estimated as amounting to 140,000 or 
^50,000 for the present year. Then there is apparently due, 
of full and advance bounties, on pay rolls heretofore made, 
a sum of more than $130,000, the consideration of which 
comprises the questions of doubtful, disputed or forfeited 
cases, for desertion and all other valid reasons. 

Applications from this class are constantly received, some- 
times from the friends of soldiers, but frequently from 
bounty brokers and speculators. For a just decision of 
them I deem the assistance of the paymaster's department 
highly important. Not the Treasury, nor any other depart- 
ment, can properly and sufficiently scrutinize these claims. 
In further addition I consider it vitally important that the 
records of the paymaster's department should be made in a 
concentrated form for future reference, which shall be a safe- 
guard against all claims for bounties hereafter to be made, 
whether coming from ignorance of former payment, or from 
the fraudulent intent or speculative interest of profession- 
alists and brokers. Thus far, every appeal from the refusal 
of payment, whether made to my predecessor or to myself, 
or to the Legislature from his decision or mine, has fully 
sustained the original judgment of the paymaster. I accord- 
ingly, early in last year, directed the officers of this depart- 
ment to make up a complete index of its whole work. The 
index has been commenced, and I invite the General Court, 
or its committee, to inspect it. When completed it will 
present at a glance, a history, now becoming accessible, as 
when finished it will be conclusive and perfect, of all the 
cases for bounty, comprising the entire period of this legisla- 
tion and all the facts touching the rights of soldiers number- 
ing some forty-two thousand (42,000.) I have thought this 
to be the only safe course, for justice to all deserving soldiers 
and for the interests of the State. 

45 



810 GOVERNOR'S ADDRESS. 

To accomplisli these objects, and to leave the work of this 
department in a state which shall be entitled to confidence 
for the future, I have appointed as Paymaster Mr. W. H. 
Porter, one of the only two clerks remaining. He will need 
but a single assistant in closing the labors of the office. At 
an expense which is trivial compared with the large pecu- 
niary interests involved, I recommend the small appropria- 
tion which will be needed. 

STATE AGENCY AT WASHINGTON. 

By authority derived from an appropriation made by the 
last Legislature for the purpose, I have continued the Agency 
at Washington, under the active and commendable conduct 
of Lieutenant-Colonel Gardiner Tufts, whose report for the 
year will accompany that of the Surgeon-General. I am 
aware that it may be asked why this office should be con- 
tinued since the war has ended, and regiments have been 
mustered out, and hospitals have been closed. But the 
effects and the relations of war reach over into the period of 
peace. I have not acted alone ; ten other States still retain 
their agencies at the Capital. Though by tlie termination of 
its duties in field and hospital the expense of the agency has 
been reduced more than one-half, yet its work has been 
regarded as important to the soldiers and their friends, and 
to the military history of the State. 

You will learn from the report that the year at the office 
shows a correspondence comprising more than seven thou- 
sand letters, relating to the correction of rolls, questions of 
relief from disability, discharge of minors from service, fate 
of missing soldiers, burial and removal of the dead of Mas- 
sachusetts, claims, and miscellaneous subjects. 

More than three thousand claims of our soldiers for 
pensions, areas of pay, and bounties have passed through 
this agency to the General Government. The agent has 
collected in the year for Massachusetts soldiers more than 
$103,000. The business of the office is such that in my 
judgment it ought not to be discontinued at present. This 
accumulation of business comes from the Acts of Congress 
increasing pensions and granting new bounties to soldiers, 
and from our own legislation of last year relating to the 
disabled and the families of the slain. Li all questions 
relating to arrears for pay, pensions, and claims made under 
the late Act of Congress for the equalization of bounties, it 
appears to me that the State ought, by so slight expense, to 
aid its own soldiers and to protect them from the exorbitant 
charges of private and professional claim agents. Under 



GOVERNOR'S ADDRESS. 811 

the recent Act of Congress for the equahzation of bounties, 
alone, more than two thousand (2,000) claims have been 
properly filed by the State Agent. This is without charge 
and cost to the claimant. If the same claims were to pass 
through the intervention of professional agents the whole 
amount of the cost of maintaining this agency would be 
many times repeated. 

I do not hesitate to recommend, that as a measure alike 
of economy and humanity to our soldiers and their repre- 
sentatives, the General Court shall by a moderate but 
reasonable appropriation authorize the Executive, in his dis- 
cretion, to continue this agency, which has already more 
than accomplished the beneficent design with which it was 
originated. 

THE STATE CONSTABULAEY. 

I shall have the honor to communicate a copy of the report 
made to me by Major Edward J. Jones, the Constable of the 
Commonwealth. In the document itself will be found a full 
detail of the operations of the department under the direc- 
tion of this officer, whose services I cannot too highly com- 
mend. The experience of a second year has proved the 
utility and efficiency of this new organization of the civil 
force. It has demonstrated that the representative of the 
power of the Commonwealth commands a respect and attains 
results, which the municipal officer, embarrassed by local 
influences and associations, has failed to secure. 

I regret that the local police have not in all cases cordially 
cooperated with the constabulary of the State ; and that in 
some instances they have manifested a disposition to impede 
rather than to assist this department of the executive power. 
I suggest sucli legislation as shall prevent a continuance of 
this impediment. The whole people is interested in the 
detection and punishment of crime, be it in one municipality 
or another. Hence no officer of police should be permitted 
to remain in commission, who has obstructed the action of 
those to whom in the largest sense is intrusted the duty of 
detection and prosecution. 

THE MILITIA — ORDNANCE. 

Under the Militia Act of 1866, 1 thought it expedient to 
order the whole force under one division only, which was 
further organized under two brigades. The corps of 
Independent Cadets was detached from the division and 
retained subject to the orders of the Commander-in-Chief. 
The first encampments which were ordered under the Act 



812 GOVERNOR'S ADDRESS. 

were by brigades, in September last. As this was the first 
pubhc and organized appearance of the militia of the State 
since the opening of the war in 1861, it became my pleasure, 
as it was equally my duty, to be present and to observe the 
condition of the organization. 

The whole force, including officers and privates, was rep- 
resented by the number of five thousand six hundred and 
fiftj^-three men, of whom only seven hundred and twenty-six 
were absent. A large proportion of the force present on duty 
was composed of those who had served with honor in the 
recent war. The general appearance in the drill and parade 
was such as would reflect credit upon the best organized 
militia of any State. It is an organization worthy of your 
continued support and appropriation ; suggestive of safety in 
time of peace, and of power and strength for the exigencies 
of war. It can only be kept up by a considerable expendi- 
ture ; but that expenditure, in my opinion, becomes reason- 
able, and even cheap, in tbe presence of the memorials of 
the last six years, and in view of the vicissitudes which may 
at any time betide us in the future. I felicitate the gentle- 
men of the Legislature, and the people of the Common- 
wealth, that after a war of more than four years' duration, 
before whose pageantry and power military organizations in 
peace are too apt to strike the senses as tame and unneces- 
sary, we can so soon count in the three days' duty of camp 
and drill nearly six thousand of our citizens, willing to meet 
the irksome duties of peace as they are ready to respond to 
the calls of war. I trust that it is now settled, that by the 
liberality and encouragement of legislation, a reasonably 
large and sufficiently organized militia is one of the leading 
adjuncts and supports of the power of Massachusetts. Per- 
mit me to commend it to the patronage of the Government 
and to the favor of the people. 

I shall avail myself of the authority conferred by law to 
ask the counsel of officers upon military questions relating 
to the organization of the militia, and may have occasion to 
communicate during your session further suggestions of 
practical methods. I shall especially inquire as to the expe- 
diency of so changing a portion of the muskets now in store 
at the arsenal, that they shall conform to the standard which 
may be adopted by the federal government. 

AGRICULTURE — TflE AGRICULTURAL COLLEGE. 

The intelligent and active interest which the people of this 
Commonwealth have taken in Agriculture, has not abated 
during the last year. The season has been auspicious, and 



GOYERNOR'S ADDRESS. 813 

the careful husbandman has received an ample reward for 
his labor. The markets for agricultural products of every 
description have continued to increase, as manufactures and 
the mechanic arts have enlarged our cities and multiplied 
our thriving villages. Wherever the land is devoted to any 
specific branch of agriculture, for the supply of the home 
market, its increase in value indicates an encouraging pros- 
perity in the art ; and calls our attention to the farms of 
Massachusetts as the substantial foundation of much of her 
wealth. 

The intellectual efforts which have, in various ways, been 
made for the advancement of agricultural science are also 
worthy of notice. The State Board of Agriculture has 
discharged its duties with commendable assiduity ; and by 
its connection with the local agricultural societies it has 
stimulated investigation, and has laid before the community 
an attractive volume, filled with valuable results of practice 
and the most ingenious and suggestive speculations. 

The Agricultural College, an important ally of the Board 
in the work of diffusing a knowledge of farming among the 
people, is rapidly advancing to complete organization, and 
will undoubtedly be ready during the present year to receive 
those young men who desire to bring to the work of the 
farm not only sound practical information, but the best 
scientific principles. By an Act of the Legislature, approved 
May 26, 1866, an immediate connection is created between 
these two institutions ; and there seems to be no doubt, that 
with the influence of the Board binding it to every agricul- 
tural society in the State, and thus also to almost every farm, 
the college may become not only the receptacle of a great 
amount of useful practical knowledge, but also the source 
whence the highest light of science may be shed to guide 
the farmer in his calling. For more than three-quarters of a 
century Massachusetts has been awakened to the necessity of 
agricultural education, by the thought and effort of some of 
her ablest thinkers and wisest statesmen ; and she is entitled 
to a well organized agricultural college, which shall form a 
part of her great system of University education, — which 
shall combine and direct all her efforts for agricultural 
improvement, — and shall be the special object of her kindest 
and most generous care, as an important instrument in the 
work of popular cultivation. Under its present manage- 
ment, which is pervaded with harmony, earnestness, and a 
wise spirit of economy, I predict the success of the 
institution. 



814 GOVERNOR'S ADDRESS. 

LIFE INSURANCE COMPANIES. 

I recommend for your consideration the expediency of so 
altering the period of life insurance returns that it shall con- 
form to the financial year of the companies, which in most 
cases, ends on the thirty-first day of December. The adop- 
tion of this rule by us would probably lead to a uniformity 
in this particular throughout the country. It is wise policy 
to aid these companies by all reasonable facilities for the 
transaction of their business. This interest has already 
attained a magnitude which will surprise those not familiar 
with it ; and because it is destined still further to increase, 
and because it encourages the beneficent principle of saving, 
it is deserving liberal but intelligent legislation. The com- 
panies doing business in this Commonwealth are even now 
represented by three hundred and forty thousand members, 
upon whose lives is insured the sum of more than 'f!900,000,- 
000 ; and their assets are accumulating upon a present 
amount of $100,000,000. During the past year they have 
distributed $6,000,000 among the families of deceased mem- 
bers. In the same time their increase in the amount insured 
has been $380,000,000, expressed by one hundred and thirty 
thousand policies. While the Legislature should make sure 
all possible safeguards for the holders of policies, care should 
also be exercised to facilitate the operations of the companies 
whose objects are so intimately connected with social 
economy and benevolence. I think that the form of the 
statement required of them might also be modified, and that 
in establishing it much may safely be left to the discretion of 
the State Commissioner. 

THE W^ORLD'S EXHIBITION AT PARIS. 

Complying with a Resolve of the Legislature, I have 
appointed a Commissioner and agents, who have in charge 
the interests of Massachusetts contributors to the exhibition 
of industry, art and science which is shortly to be open at 
Paris. The preparation for our own part in this rivalry of 
the genius and skill of all countries, has derived an added 
importance and dignity from the sanction of national legisla- 
tion. We are not apt to over-estimate the influence of such 
institutions, aided and patronized by nations. They are 
universal educators. They become instruments of interna- 
tional pacification, more potential and more benevolent than 
the cunning of diplomacy. 
• The action of Congress for the promotion of this object 

was consummated so late, and the general business of the 



GOVERNOR'S ADDRESS. 815 

country has been so active for the local demand, as to war- 
rant the apprehension of some deficiency in the variety and 
quality of our part in the contribution. I am assured, how- 
ever, that the interests of the Commonwealth will be credit- 
ably represented. 

By the American representative at Paris, and by men of 
public spirit in our own and other States, my attention has 
been called to the eminent propriety of presenting in some 
representative form our system of public schools. A strong 
desire has been expressed that we should contribute a Massa- 
chusetts school-house, with teachers and pupils. The whole 
of this has been thought to be impracticable. But at least a 
form of model school-houses, sufficiently large and well con- 
structed to illustrate the general arrangement, with furniture 
and appliances, for the purpose of representing some of the 
visible parts of our mode of free education, is awaited by 
many of our friends on the continent. 

To accomplish this end an appeal has recently been made 
by the agent to liberal citizens in this vicinity and has met 
with cordial response. But I think it is the better opinion 
that the honor of the State will be best promoted, and that 
the object of the exhibition will be best secured, if the Leg- 
islature shall make an appropriation for this expenditure. I 
take pleasure in recommending an early appropriation of 
$3,500, which shall enable the Governor and Council to can- 
cel private subscriptions and at once to give effect to the 
object. 

THE STATE BRIDGES. 

I ask the attention of the General Court to the system now 
in force as to the supervision exercised over tlie Charles River 
and Warren Bridges, the immediate care of which, since the 
office of agent of these bridges was abolished by chapter 186 
of the Acts of 1859, has been vested in their draw-tenders. 
These officers are required to make a quarterly statement of 
their receipts and expenditures to the Governor and Council ; 
and this is the only supervision vested in any body over 
them ; with the exception of the Annual Report to the 
Legislature which is also required of them. The expendi- 
tures for these bridges for the past year appear to be largely 
in excess of the appropriations, which were : — 

For the Charles River Bridge, .... $4,625 00 
the Warren Bridge, 4,820 00 

$9,445 00 



816 GOVERNOR'S ADDRESS. 

While the expenditures have been, — 

For the Charles River Bridge (to Oct. 1,) . $8,100 25 
the Warren Bridge (to Oct. 1,) . . 6,053 03 

$14,153 28 

Estimating the expense of the last quarter by- 
adding 20 per cent., 2,830 65 



116,983 93 
9,445 00 



Leaving a deficiency of . . . . . $7,538 93 
for which no appropriation has been made. 

The approval of the Governor and Council is required 
before the draw-tenders can lease " any building, privilege, 
or other property, not thus appropriated, which belongs to 
their respective bridges ; " and I suggest in view of the large 
deficiency referred to, that some further legislation is called 
for, which shall provide that no expenditures upon this 
property shall hereafter be made without the antecedent 
consent of the Governor and Council. 

TROY AND GEEENFIELD RAILROAD AND HOOSAC TUNNEL. 

The two hundred and ninety-third chapter of the Acts of 
1866 imposed upon the Governor and Council the general 
supervision of the work upon the Troy and Greenfield Rail- 
road and Hoosac Tunnel, and the duty of visiting and 
inspecting the same at least once in each year. In the dis- 
charge of this duty, immediately after the adjournment of 
the Legislature, in company with the Executive Council, I 
passed over the entire line of the road from Greenfield to its 
western terminus, and visited and inspected the works at the 
Tunnel. This visit has since been twice repeated by the 
Governor and Council. 

By the same Act, the Governor and Council were directed 
to appoint some competent and experienced person as a con- 
sulting engineer, whose duty it should be to examine and 
report to them upon all matters relating to the prosecution 
of the work upon the Railroad and the Tunnel. Accord- 
ingly the appointment was conferred upon Benjamin H. 
Latrobe, of Baltimore, whose approved reputation as an 
engineer, and whose large experience in the construction of 
Railroad Timnels eminently fit him for this position. This 
officer has frequently visited the line of the road and 
inspected the work at the Tunnel. 



GOVERNOR'S ADDRESS. 817 

The same Act directed the Commissioners to construct 
the said road, provided they could make a lease of the same 
which should be advantageous to the Commonwealth ; such 
lease to be approved by the Governor and Council. The 
Fitchburg and the Vermont and Massachusetts Railroad 
Companies proposed to lease the road from Greenfield to the 
eastern portal of the Tunnel, at an annual rent of thirty 
thousand dollars ; this lease to continue in force till the 
completion of the Tunnel, unless the work should be stopped 
by competent authority. This lease was afterwards exe- 
cuted. After making several slight improvements in the 
line and location of the road, the Commissioners, with the 
approval of the Governor and Council, and by the advice of 
the consulting engineer, placed the same under contract, to 
be completed for $545,000. This does not include the cost 
of depot buildings, turn-tables, or engineering expenses, 
which altogether, it is believed, will not exceed the further 
sum of $45,000. It is therefore confidently expected that 
the whole cost will be not more than $600,000, upon which 
the annual rent will pay an interest of five per cent. By the 
contract the road is to be opened to Shelburne Falls by 
November fifteenth of the present year, and to the Tunnel 
by July fifteenth of the year succeeding. 

I invite the attention of the Legislature to the present 
condition and prospects of this great enterprise. The prog- 
ress in the work of the Tunnel, during the year, has been 
twelve hundred and forty-six (1,246) feet, being four hun- 
dred and forty (440) feet in excess of that last year. The 
course of the work has been retarded by the introduction 
and experimental use of automatic drills, in the eastern 
opening. This machinery having been constructed at a 
large expense, and deemed by competent mechanics and 
engineers to promise success, the Commissioners thought it 
expedient to give it a thorough trial. For a short time after 
its introduction, the expectations entertained seemed likely 
to be fulfilled. But by reason of constant breakage, cost of 
replacement, and delay of the work, these machines have 
failed to answer their design and have been discarded. 
Another invention is now under test, upon the same heading, 
of the success of which high hopes are entertained. But 
the present inadequate number of the new machines will 
require their removal from the Tunnel, and the continuance 
of the experiment upon the exterior of the mountain. The 
consequence is, that a greater advance would have been 
made if the emyjloyment of hand labor had not been inter- 
rupted. New explosive agents have been employed and 

46 



818 GOVERNOR'S ADDRESS. 

promise favorable results. The process of blasting by simul- 
taneous explosions by means of electricity has proved suc- 
cessful. 

At the West Shaft the old pumps have recently given out, 
and the water has so rapidly gained upon the miners, that 
work at this point has been for the time discontinued ; but 
new pumps have already been secured, and not many days 
should elapse before the work will be resumed and success- 
fully prosecuted. Under a contract, made by the Commis- 
sioners with the approval of the Executive, operations in the 
decomposed rock at the West End have been, during the 
past season, slowly but successfully progressing. There is 
no reason to doubt that this portion of the work, hithe*rto 
deemed almost insurmountable, will be surely but at great 
expense accomplished, and that its completion will be in 
advance of that of the other leading parts of the Tunnel. 
The Central Shaft is progressing satisfactorily, having now 
reached a depth of about 400 feet, leaving 630 feet yet to be 
completed. Such is the present condition of this work. 

I desire fairly and fully, and in the light of the best infor- 
mation I can command, to present to the two Houses the 
future prospect of the time and cost necessary for the com- 
pletion of this great undertaking. I have already adverted 
to the success of the present operations at the West End, 
under a contract with private parties. In the judgment of 
the Commissioners and of the consulting engineer, which, 
if the Council shall concur with me, will be approved by the 
Executive Department, the interest of the Commonwealth 
will be promoted if other sections of the Tunnel shall also 
be placed under contract. The reasons for this opinion are 
too obvious to practical men to require statement in detail. 
In the able and exhaustive report of the consulting engineer, 
which I have recently received, a copy of which I shall 
transmit to you, trusting that it will receive your attentive 
perusal, you will find the amount of excavation yet to be 
made, definitely expressed by cubic yards, and prices stated, 
at which, according to his knowledge and experience, respon- 
sible contractors will undertake the work. By his estimate 
the aggregate of future cost, exclusive of interest, will be 
$3,633,640. It will be perceived that the Commissioners, in 
their report, have formed estimates not varying essentially 
from his. It will be further perceived that the maximum of 
time requisite for the completion of the Tunnel is fixed by 
the Commissioners at twelve years from this date ; while by 
the consulting engineer the same event is estimated to occur 
in July, 1875, eight and one-half years from the present 



GOVERNOR'S ADDRESS. 819 

time. This discrepancy is explained, in large part at least, 
by the apparent omission of the Commissioners to take into 
account the facilities for excavation that will be afforded by 
the completion of the Central Shaft, which, in the judgment 
of the engineer, will occur thirty-two months hence, thus 
presenting two additional headings for the operations of the 
miners. These estimates are predicated upon the continued 
employment of hand labor, and do not include any advan- 
tages to be expected from the use of new agencies in blast- 

In presenting to you these results of professional investi- 
gation, I do not forget that the disappointments of the past 
mu'st cast some shadow of doubt over the exactness of pre- 
dictions for the future ; but the value of the lessons they 
have taught us are not to be lightly regarded ; and the 
causes that have produced them, especially in the matter of 
outside expenditures, are not likely to occur again. 

But, granting that the estimates both of time and cost 
may be exceeded, the probability of a successful issue, and 
its momentous effect on the material interests of the Com- 
monwealth and her relative consequence in the circle of the 
States, will not, in my judgment, permit this enterprise to 
be abandoned. The value of great public works, conceived 
in the necessities of States, looking not to the specific 
returns of remunerative interest for a single year, or a lim- 
ited number of years, but rather to the compensation of 
internal commerce through successive generations, cannot be 
computed by the rules that govern private investment, based 
on the promise of immediate profit. The finance of indi- 
viduals comes within the limitations of present and personal 
interest ; the investment of States looks for a return in their 
complete development and in their enduring destiny. So 
have judged the great commercial and manufacturing Com- 
monwealths of New York and Pennsylvania ; and so they 
have builded their success on the partial forgetfulness of 
immediate expectations, and on a confidence in the longer 
and grander future. While I defer to the wisdom of the 
Legislature, to whose judgment this whole question is now 
committed, I may be permitted to express my individual 
belief, that if this work of tunnelling a mountain, for the 
purpose of connecting the granaries of the West with the 
local wants and the broad commerce of New England, shall 
possibly transcend the calculations of the engineer and the 
Commissioners, the next generation of merchants, manufac- 
turers and yeomen, will pardon errors of computation and 
cheerfully accept their proportion of the burden. 



820 GOVERNOR'S ADDRESS. 

The various appropriations in aid of this enterprise 
amount to 83,900,000, including 8200,000 for the purchase 
of the Southern Vermont Railroad. Of this amount there 
has been actually allowed and paid the sum of 83,201,220.15, 
including interest and exchange on scrip issued, — which 
leaves an unexpended balance of 8698,779.85. The cost of 
the completion of the road already under contract, and the 
current expenditures upon the Tunnel itself before April, 
will exhaust this balance. 

In the meantime, since several years must elapse before 
the completion of this new avenue to the West, the com- 
merce of the East requires every practicable measure of 
relief from present obstacles. This is not more the demand 
of the metropolis of our trade, than of the people who 
derive through it and from it their supplies of life. It will 
be my duty to cooperate with you in every act which your 
inquiries may suggest, in aid of the commercial freedom 
of the people, whose present inconvenience demands our 
thoughtful care and our prompt action. 

THE NATIONAL POLICY. 

I have received from the Honorable William H. Seward, 
Secretary of State, and shall communicate to the Legisla- 
ture, an attested copy of a Resolution of Congress, proposing 
to the legislatures of the several States a fourteenth Article 
to the Constitution of the United States. Prominent among 
the provisions of this Article of amendment, I notice great 
principles of government, long recognized by the people of 
this Commonwealth, and endeared to them by the sanctions 
of their own history and usage. 

The first section guarantees to all persons born or natural- 
ized in the United States, and subject to its jurisdiction, the 
right of citizenship and of civil, equality before the law ; and 
it protects them from any State legislation which might 
abridge their privileges, or deprive them of life, liberty or 
property, without due legal process. To this cardinal prin- 
ciple of a republican government I am unable to see how 
any citizen can reasonably object, who is himself in sincerity 
of belief a supporter of the Democratic idea. As an abstract 
proposition, it is so manifestly an axiom of free government 
as to preclude the necessity of argument. In its special 
^ application to the condition of the insurgent States, its 

adoption by Congress was designed to give certain and endur- 
ing effect to the provisions of the Act, commonly called the 
Civil Rights Bill, passed at its last session, by the constitu- 
tional majority, notwithstanding the objections of the Presi- 



GOVERNOR'S ADDRESS. 821 

dent. Whatever reasons existed at the time for the enact- 
ment of that bill, apply with redoubled force to the incorpo- 
ration of its provisions into the organic law. The denial of 
its benefits and immunities to a large class of citizens in 
those States, rendering emancipation to a great extent a 
nullity, now demands its affirmation in the most solemn 
form, to the end that neither the Executive nor the judicial 
power, nor the local authorities, may render inoperative the 
deliberate verdict of the people. 

The second section provides that the denial of suffrage to 
any of the male inhabitants of a State, twenty-one years of 
age, and citizens of the United States, or the abridgment 
thereof, except for participating in rebellion or other crime, 
shall exclude all such disfranchised persons from forming a 
part of the basis of representation in the national relation. 
In the light of justice and the analogies of law, this proposi- 
tion is a necessary corollary to that policy which has released 
a race from servitude, and admitted them to an equality of 
civil rights ; since otherwise, their full enumeration in mak- 
ing up the basis of representation, displacing the reduced 
ratio now provided by the Constitution, would add to the 
political power of the seceding States and make this advan- 
tage of their rebellion a premium on treason. 

Perhaps a leading inducement to the action of Congress 
in proposing this section, was the expectation that the natu- 
ral desire to obtain the full representation of their inhabi- 
tants and a resulting influence in the national councils, 
would develop in Southern communities a sentiment in 
favor of universal suffrage, and raise up political organiza- 
tions in its support. This theory is attractive in itself, and 
is supported by the teachings of experience and the tenden- 
cies of human action. To the adoption of this section the 
objection has been raised, that it recognizes the right of the 
South to disfranchise the colored race. While 1 am not 
insensible to the plausibility of this suggestion, as a question 
of casuistry, I am unable to feel its practical force. In my 
judgment, the adoption of the section recognizes, not a right, 
but an existing fact ; and affixes to its continuance a politi- 
cal disability. In no event should any one of these States 
be admitted till this amendment has, by the requisite assent 
of three-fourths of the States, become a part of the Consti- 
tution itself. And further, — should the representatives elect 
of any such States, in virtue of the adoption of the amend- 
ment, apply for admission to Congress, it would become a 
question for that body seriously to consider whether such 
application should not be denied, unless they shall have been 



822 GOVERNOR'S ADDRESS. 

elected in full accordance with its conditions. For I can see 
only inconsistency in admitting to Congress the representa- 
tives of the South, elected in violation of the very principle, 
the adoption of which is made the condition of their admis- 
sion. 

The third section disqualifies for certain offices a specified 
class of participants in the rebellion, until the disability be 
removed by two-thirds of each House of Congress. This, 
provision is in accord with reason and justice, and is sanc- 
tioned by the example of other governments, which have in 
like manner recognized a necessity for self-protection. 

The fourth section, by an inviolable and enduring guaran- 
tee, secures from all question hereafter the payment of the 
public debt, in any manner incurred in the late war for the 
preservation of the National Union ; and declares all public 
debts or claims of rebel States forever void. If there can 
be any objection to this section, it must come from its unnec- 
essary re-affirmation of the inviolability of the public faith of 
this government. I have yet to learn that, in any quarter of 
the globe, any question has -arisen touching the ability, or 
the disposition, of the United States to discharge the last 
dollar of its indebtedness. 

The fifth section gives effect to the entire amendment by 
conferring upon Congress the authority to enforce its pro- 
visions. 

This article of amendment was adopted by Congress, at 
its last session, in the public interest and in good faith to all 
classes and sections, whether representing the positive loy- 
alty of the North or the reluctant acquiescence of the South. 
It is a fact, not without its interest to us, that both of the 
senators and all the representatives of Massachusetts gave to 
it by their votes the preliminary sanction of the Common- 
wealth. A similar verdict has since been pronounced by 
the voters of loyal States across the continent. By their 
action I think we and our constituents may safely abide. If 
in a matter of such gravity, I may be permitted to offer 
counsel, the amendment is worthy of your adoption. 

But the events and the developments which have occurred 
since the amendment was proposed to the country, and 
which have profoundly impressed themselves upon the ques- 
tions of our policy, our duty, and our safety, now challenge 
the public attention and action. This article was proposed 
by Congress to the States nearly seven months ago. The 
proposition was made in a spirit of magnanimity, concilia- 
tion and amity, and with a reasonable expectation on the 
part of Congress tliat it would in like manner be accepted. 



GOVERNOR'S ADDRESS. 823 

I have not heretofore doubted, and do not now doubt, that if 
this expectation had been realized, the seceding States would 
have been received back by representation in the Senate and 
House of Representatives. In the meantime all of the 
Southern States referred to, whose Legislatures have con- 
vened since the passage of the Resolution in Congress, — six 
in number, — have with remarkable unanimity rejected the 
amendment. I discern no evidence on their part of an 
intention or a disposition to accept it. We are compelled to 
interpret their action as equivalent to a declaration of their 
settled purpose. Since these States have thus declined to 
become parties to this method of imperial adjustment, it 
only remains for the States now legitimately constituting 
and carrying on the government, — acknowledged for the 
last six years, at home and abroad, as the United States of 
America, — to resume and complete the process of recon- 
struction, on a basis consistent with national justice and 
national safety. For the States of the South are not the 
only States which have an interest in the early restoration 
of the relations of unity and nationality ; all the States, and 
the whole people of America, have a common interest in the 
disposal of this qiiestion. The issues are of the greatest 
import ; and starting from the basis of justice and humanity 
they pervade the whole fabric of foreign relations, national 
finance and commercial credit. The present condition of 
things cannot be permitted much longer to continue. For 
every reason affecting our domestic condition and interna- 
tional connections, we cannot afford that the future of the 
country should remain in uncertainty. 

Again, while under any circumstances the perils of the 
general welfare, impending just so long as the social com- 
pact remains disorganized, would demand a speedy exercise 
of the authority of government over the whole, in the pres- 
ent instance this demand immediately becomes paramount. 
Over a large part of the section recently in rebellion, barba- 
rous provisions of local codes, which, it was supposed, were 
abandoned under emancipation, are still retained and en- 
forced in disregard of the national law. In numerous 
instances the rights of citizens of other States are either 
denied, or made worthless by the ban of public reproach ; 
the mutualities of production and exchange, the base of the 
common prosperity, are weakened and interrupted ; the laws 
of the National Congress are too often defied. 

If this situation shall continue, Congress must soon be 
brought, in the course of events, to consider whether the 
interest of all shall not require of the General Government 



824 GOVERNOR'S ADDRESS. 

for those States a uniform policy of control and administra- 
tion. As States which levied war against the Government, 
and were defeated on the issue of their own choice, they 
ought not to expect to dictate the terms of settlement, since 
they fall within the historical analogies of other wars. The 
victory of arms carries the right to future security. Having 
seceded from Congress, their ineffectual appeal to force enti- 
tles them to re-admission upon such terms only as the victor 
party may deem essential to the general welfare. And 
because, while they remain in the condition of their for- 
feiture, deprived of those representative rights whicli they 
themselves abandoned, our necessities and their own require, 
for us and for them, not merely the maintenance of law and 
order, but the unrestricted enjoyment by every citizen of 
every State, of wliatever race or color, of the privileges and 
immunities defined and guaranteed by national legislation, 
it rests with the Congress of the United States to re-organ- 
ize, re-construct, and, if need be, re-create. 

With the assumption that Congress must encounter this 
grave responsibility, it is evident that its system of recon- 
struction must be based on such principles of justice, and be 
strengthened by such considerations of expediency arising 
from the national exigency, as will commend themselves to 
the judgment and the conscience of our own people, and 
command the approval of enliglitened and patriotic states- 
men of other nations. And not this only. They must be 
such as will endure the test of time, and secure the verdict 
of impartial history. To attain this end, it is of the first 
importance that we should be consistent with ourselves. 
The great fundamental idea of the American polity is the 
consent of the governed, through the ballot, to the accession 
of their rulers to power, and to their administrative meas- 
ures. The necessity of the limitation of this principle, in 
our past experience, has expired with the compromises that 
imposed it. It is the opportunity of this generation to atone 
for hereditary wrong, to efface the reproach of the past, and 
to vindicate American ideas by enfranchising a race of men. 
An enviable opportunity — to place ourselves right before 
mankind, and to repudiate a responsibility incurred with no 
assent of ours, but which we must assume and forever bear 
if faith and courage fail us in this ordeal of the century. 
A Providential opportunity — not to be generous, but to be 
just. Apart then from all other considerations, believing 
that, now as always. Right is wisdom, and Justice is expe- 
diency, I avow my solemn conviction that the strait and 



GOVERNOR'S ADDRESS. 825 

narrow path to national safety and national renown, is 
Universal Suffrage. 

But, even in the presence of this grand, overshadowing 
truth, we must not forget that for the immediate concession 
of this right to the colored race there are other reasons of 
public obligation and political necessity. At least two hun- 
dred thousand men of African descent have borne arms in 
the defence of the Union. They have passed the test of 
manhood, — the surest title to the rights of man. Their 
courage and constancy have never been doubted ; and the 
memories of Port Hudson, Wagner and Pillow are inwoven 
in our martial history. They have toiled with the white 
man through forest and fastness, through swamp and bayou, 
and breasted the shock of charging battalions. Their mar- 
tyrs and ours sleep, side by side, in the equality of death. 
It is surely then the basest ingratitude to deny to the sur- 
vivors of the conflict a voice in the administration of that 
government they have aided to save. Nay, more, — to 
expose them to the vindictive rage of baffled traitors, re- 
installed in political power. The national honor forbids it. 
The conscience of the people disowns it. 

In the chosen ways of Providence, and in its own good 
time, the folly of treason and secession has evolved Eman- 
cipation ; and Emancipation has imposed new duties towards 
a crushed, and long-suffering, but docile race. Producers of 
that wealth which in time they themselves must share ; to a 
considerable extent the future owners of the soil ; hence- 
forth, as in the past, by an inevitable law, the chief reliance 
of the South for that labor which sustains and enriches, 
they are drifting on the irresistible current of events toward 
a better destiny. Tlie relations of labor and capital, the 
duties of social life, the interests of progressing civilization, 
the claims of humanity, demand for them that protection, 
guidance and instruction, they are so anxious and so pre- 
pared to receive. This high mission has been accepted by 
Congress and the people ; and by formal and solemn enact- 
ments they have invested them with the rights and immu- 
nities not of freedmen, but of freemen. But their duty ends 
not here. The word of a nation is spoken. Promise must 
be performance. Theories of limitations, prejudices of 
caste, must fall before the exigency. For that pledge will 
remain unfulfilled, before earth and Heaven, till, as the last 
and surest guarantee of our sincerity, and for their own 
safety and progression, they are invested with the right of 
suffrage. 

47 



826 qOYERNOR'S ADDRESS. 

Any plan for reconstruction by Congress must include a 
thorough consideration, in a fraternal spirit, of reciprocal 
duties and responsibilities. And this is especially necessary 
and desirable when, as in the present instance, national loss 
and sectional ruin are distinctly traceable to a false political 
system, which, affecting all the strata of society, and re-act- 
ing with formidable power on individual interests, elevating 
the few at the expense of the many, subverts the cardinal 
principle that the greatest good of the greatest number con- 
stitutes the true prosperity of a State. I share the general 
conviction that this concentration of all political power in 
the hands of a few is still potent for mischief in repressing 
the latent loyalty of the South, and for preventing a cordial 
acquiescence in safe and honorable conditions of settlement. 
To develop and encourage this loyal spirit, is no less a duty 
than a necessity. And how can it be effected more easily 
than by introducing a new political element, evoking safe 
competition and free discussion ? Before these agencies old 
fabrics will melt away, and the South will awaken to a new 
life, and become indeed a part of a homogeneous nation. It 
is the judgment of her most loyal and patriotic sons, in 
which I heartily concur, that the antidote to existing wrongs, 
and a safe and certain hope for the future, is to be found in 
Universal Suffrage. 

A degree of education, as a condition of suffrage, is not 
without its advocates. The prevalence of this idea is no 
matter of surprise or regret ; so clearly is it traceable to the 
influence of the common schools and colleges of the^Free 
North, to which is undoubtedly due its incorporation into 
the Constitution of Massachusetts. But vital questions of 
national import are not to be measured and settled by con- 
siderations affecting local policies. Broad as civilization 
itself, they should be met in that liberal spirit that can com- 
prehend and weigh the changing conditions of time, and 
place and circumstance. To the colored race, held in igno- 
rance by local laws in regions where district schools are 
unknown and public education scarcely exists in any form, 
with the law and the purse in the hands of determined 
opponents, suffrage thus limited would be practically unat- 
tainable. Hence, in my judgment, unrestricted suffrage, by 
conferring a measure of power on those animated by the 
strongest incentives to acquire education for themselves and 
their children, will prove the surest method of elevating the 
race and establishing the institutions' of the South on a basis 
of intelligent patriotism. 



GOVERNOR'S ADDRESS. 827 

And, in our efforts to grasp and settle this mighty issue 
we are not alone. Free thought, free speech, the rights of 
labor, and the dignity of the individual man, are the themes 
which throughout the world compel the attention of philos- 
ophers and statesmen, and find utterance in the general call 
for universal suffrage. The greatest and wisest sovereign of 
Europe was the first to recognize its power,