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

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ACTS 



RESOLYES 



PASSED BY THE 



General Coitrt a( pia$sac|Misctts, 



IN THE YEAR 



18 6 8, 

TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVEKNOR, 

LIST OF THE CIVIL GOVERNMENT, CHANGES 

OF NAMES OF PERSONS, 

Etc., Etc., Etc. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WRIGHT & POTTER, STATE PRINTERS, 

No. 4 Spring Lane. 

1868. 



A CONSTITUTION 



FORM OF GOVERNMENT 



Commontoaltl of 'B^$nt\iutttL 



PREAMBLE. 

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

The body politic is formed by a voluntary association of ^o'^ypoiit'c.iiow 
individuals : it is a social conipact, by which the whole people its nature, 
covenants with each citizen, and each citizen with the whole 
people, that all shall be governed by certain laws for the com- 
mon good. It is the duty of the people, therefore, in framing 
a constitution of government, to provide for an equitable 
mode of making laws, as well as for an impartial interpreta- 
tion and a faithful execution of them ; that every man may, 
at all times,' find his security in them. 

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



CONSTITUTION. 

constitution of civil government for ourselves and posterity ; 
and devoutly imploring liis direction in so interesting a 
design, do agree upon, ordain and establish the following 
Declaration of Rig-hts and Frame of Government^ as the 
Constitution of the COiAiMONWEALTH of Massachusetts. 



PART THE FIRST 



A Declaration of the Rig-hts of the 'Inhabitants of the Com- 
monwealth of Massachusetts. 

Equality and na- Art. I. All uicn are boHi frcc and equal, and have cer- 
men."^ so a ^^.^^ natural, essential and unalienable rights; among which 
may be reckoned the right of enjoying and defending their 
lives and liberties ; that of acquiring, possessing and protect- 
ing property ; in fine, that of seeking and obtaining tBeir 
safety and happiness. 
Eight and duty of II, It is tlic right as well as the duty of all men in society, 
worship/*^ '^'°"^ publicly, and at stated seasons, to worship the Supreme 
Being, the great Creator and Preserver of the universe. 
Protection there- And uo subjcct shall be hurt, molested or restrained, in his 
person, liberty or estate, for worshipping God in the manner 
and season most . agreeable to the dictates of his own con- 
science ; or for his religious profession or sentiments ; pro- 
vided he doth not disturb the public peace, or obstruct others 
• in their religious worship. 

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

XI., substituted ^Jq,^ ^f piyj} government, essentially depend upon piety, religion and 

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

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

Legislature em- tions iif piety, religion and morality; Therefore, to promote their happi- 

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

public worship"'^ the people of this Commonwealth have a right to Invest their legislature 

with power to authoi-ize and require, and the legislature shall, from time 

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

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

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

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

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

voluntarily. 

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



CONSTITUTION. 5 

And the people of this Commonwealth have also a right to, and do, and to enjoin at- 
• invest their legislature with authority to enjoin upon all the subjects an t'*"'iance there- 
attendance upon the instructions of the public teachers aforesaid, at stated 
times and seasons, if there be any on whose instructions they can consci- 
entiously and conveniently attend. 

Provided, notwithstanding, that the several towns, parishes, precincts, Exclusive right of 
and other bodies politic, or religious societies, shall at all times, have the f'^^^"^ "^"^cu °d^ 
exclusive right of electing their public teachers, and of conti'acting with 
them for their support and maintenance. 

And all moneys, paid by the subject, to the support of public worship, Option as to 
and of the public teachers albresai'd, shall, if he require it, be uniformly ^^^^"^ ma^'^bi 
ajiplied to the support of the public teacher or teachei's of his own religious paid, unless, &c. 
sect or denomination, provided there be any on whose instructions he 
attends ; otherwise it may be j^aid toward the support of the teacher or 
teachers of the parish or precinct in which the said moneys are raised. 

And every denomination of Christians, demeaning themselves peace- au denomina- 
ably, and as good subjects of the Commonwealth, shall be equally under ''™* t^a"'^'^^ 
the protection of the law : and no subordination of any one sect or denom- Subordin:ition of 
ination to another shall ever be established by law.l one sect to anoth- 

•^ -■ er prohibited. 

IV. The people of this Commonwealth have the sole and fjf^*^°!''^'^^°r 
exclusive right of governing themselves as a free, sovereign 

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

V. All power residing originally in the people, and being Accountability of 
derived from them, the several magistrates and officers Qf =^'1 °®=e'^«' ^•=- 
government, vested with authority, whether legislative, exec- ' 

utive or judicial, are their substitutes and agents, and are at 
all times accountable to them. 

VI. No man, nor corporation or association of men, have services rendered 
any other title to obtain advantages, or particular and exclu- ing the oniy title 
sive privileges, distinct from those of the community, than feg^'^hStaly 
what arises from the consideration of services rendered to and unnatm-aT** 
the public ; and this title being in nature neither hereditary, 

nor transmissible to children or descendants, or relations by 
blood, the idea of a man born a magistrate, lawgiver or 
judge, is absurd and unnatural. 

VII. Government is instituted for the common good ; for objects of gov- 
the protection, safety, prosperity and happiness of tlie people ; of"peopi*e to m- 
and not for the proiit, honor or private interest of any one change u"*^ 
man, family or class of men : Therefore the people alone 

have an incontestable, unalienable and indefeasible right 
to institute government ; and to reform, alter or totally 
change the same, when their protection, safety, prosperity 
and happiness require it. 

VIII. In order to prevent those who are vested with Rigbt of people 
authority from becoming oppressors, the people have a right tionln office. 
at such periods and in such manner as they shall establish 



6 CONSTITUTION. 

by their frame of government, to cause their public officers 
to return to private life ; and to fill up vacant places by- 
certain and regular elections and appointments. 
qiaimduonf^ IX, All clcctions ought to be free ; and all the inliabi- 
prescribed,equai tauts of tliis Commonwcalth, having such qualifications as 
ice. '^' ® "^ ° " they shall establish by their frame of government, have an 
equal right to elect officers, and to be elected, for public 
employments. 
tio?Mnd ilTl't ^- E^ch individual of the society has a right to be pro- 
contribution cor- tected by it in the enjoyment of his life, liberty and property, 
according to standing laws. He is obliged, consequently, to 
contribute his share to the expense of this protection ; to give 
Taxation found- his porsoual service, or an equivalent, when necessary: but 

ed on consent. ^ o ^ f» • ->• • -i ^ • ^ • - 

no part oi the property ot any mdividual can, with justice, 
be taken from him, or applied to public uses, without his own 
consent, or that of the representative body of the people. In 
fine, the people of this Commonwealth are not controllable 
by any other laws than those to which their constitutional 
Private property representative body have given their consent. And when- 

not to be taken ., ,,. . . ° . ,i,,i , a 

for public uses cvcr the pubiic exigencies require that the property ot any 
without, &c. individual should be appropriated to public uses, he shall 

receive a reasonable compensation therefor. 
Remedies by re- XL Evcry subicct of tlic Commoiiwcalth ought to find 

coursG to tliG l3,w »/ t/ o 

to be free, com! a ccrtaiii rcmcdy, by having recourse to the laws, for all 
piete and prompt. jjy^j,jgg qj. ^rougs wliicli lie may receive in his person, 
property or character. He ought to obtain riglit*<aiid justice 
freely, and without being obliged to purchase it ; completely, 
and without any denial; promptly, and without delay, 
conformably to the laws. 
Prosecutions reg- XII. No subjcct sliall bc held to answer for any crimes 
or offence until the same is fully and plainly, substantially 
and formally, described to him ; or be compelled to accuse, 
or furnish evidence against himself: and every subject shall 
have a right to produce all proofs that may be favorable to 
him ; to meet the witnesses against him face to face, and to 
be fully heard in his defence by himself, or his counsel, at 
his election. And no subject shall be arrested, imprisoned, 
despoiled or deprived of his property, immunities or privi- 
leges, put out of the protection of the law, exiled or deprived 
of his life, liberty or estate, but by the judgment of his peers, 
or the law of the land. 
Right to trial by And thc legislature shall not make any law that shall sub- 
cases,e°xc'ep™&c. jsct any pcrsoii to a capital or infamous punishment, except-^ 
ing for the government of the army and navy, without trial 
by jury. 



ulated. 



CONSTITUTION. 7 

XIII. In criminal prosecutions, the verification of facts, crimes to be 
in the vicinity where they happen, is one of the greatest yidnlfy!'' '^* 
securities of the life, liberty and property of the citizen. 

XIY. Every subiect has a riaht to be secure from all ^^?^^ of search 

1 1 ■, -I • n 1 • 1 • 1 and seizure regu- 

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

XV. In all controversies concerning property, and in all P'g'^' *° t^iai by 

,, "^.^'''.,.1 jury sacred, ex- 

suits between two or more persons, except in cases m which cept, &c. 
it has heretofore been otherways used and practised, the 
parties have a right to a trial by jury ; and this method of 
procedure shall be held sacred, unless, in causes arising on 
the high seas, and such as relate to mariners' wages, the 
legislature shall hereafter find it necessary to alter it. 

XVI. The liberty of tlie press is essential to the security Liberty of the 
of freedom in a State : it ought not, therefore, to be restrained ^^^^^' 

in this Commonwealth. 

XVII. The people have a right to keep and to bear arms Right to keep 
for the common defence. And as, in time of peace, armies standing ""mies 
are dangerous to liberty, they ought not to be maintained faTy^'^power sub- 
without the consent of the legislature ; and the military ordinate to ciTii. 
power shall always be held in an exact subordination to the 

civil authority, and be governed by it. 

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

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

XIX. The people have a right, in an orderly and peace- Right of people 
able manner, to assemble to consult upon the common good ; resentatiTes ami 
give instructions to their representatives, and to request of \l^^^^°'^ legisia- 
the legislative body, by tlie way of addresses, petitions or 



CONSTITUTION. 



Power to suspend 
the laws or their 
execution. 



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



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation found- 
ed on consent. 



Ex post facto 
laws prohibited. 



Legislature not 
to convict of 
treason, &c. 

Excessive bail or 
fines, and cruel 
punishments 
prohibited. 

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



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



Judges of su- 
preme judicial 
court. 



Tenure of their 
office. 



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

XX. The power of suspending the laws, or the execution 
of the laws, ought never to be exercised but by the legisla- 
ture, or by authority derived from it, to be exercised in such 
particular cases only as the • legislature shall expressly pro- 
vide for. 

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

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

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

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

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

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

XXVII. In time of peace, no soldier ought to be quar- 
tered in any house without the consent of the owner ; and in 
time of war, such quarters ought not to be made but by the 
civil magistrate, in a manner ordained by the legislature. 

XXVIII. No person can in any case be subjected to law- 
martial, or to any penalties or pains, by virtue of that law, 
except those employed in the army or navy, and except the 
militia in actual service, but by authority of the legislature. 

XXIX. It is essential to the preservation of the rights of 
every individual, his life, liberty, property and character, 
that there be an impartial interpretation of the laws, and 
administration of justice. It is the right of every citizen .to 
be tried by judges as free, impartial and independent as the 
lot of humanity will admit. It is, therefore, not only the 
best policy, but for the security of the rights of the people, 
and of every citizen, that the judges of the supreme judicial 
court should hold their offices as long as they behave them- 



CONSTITUTION. 9 

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

XXX. In the government of this Commonwealth, the separation of ex- 
legislative department shall never exercise the executive and and iegisiatiTe 
judicial powers, or either of them : the executive shall never departments, 
exercise the legislative and judicial powers, or either of 
them : the judicial shall never exercise the legislative and 
executive powers, or either of them : to the end it may be a 
government of laws, and not of men. 



PART THE SECOND. 

The Frame of Government. 

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



CHAPTER I. 

* 

the legislative power. 

SECTION I. 

The General Court. 

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

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

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



10 CONSTITUTION. 

objection to the passing of such bill or resolve, he shall return 
the same, together with his objections thereto, in writing, to 
the senate or house of representatives, in whichsoever the 
same shall have originated, who shall enter the objections 
sent down by the governor, at large, on their records, and 
Bill may be pass- procccd to rcconsidcr the said bill or resolve ; but if, after 
of Vaciriiou'se! such reconsidcration, two-thirds of the said senate or house 
notwithstanding, of representatives shall, notwithstanding the said objections, 
agree to pass the same, it shall, together with the objections, 
be sent to the other branch of the legislature, where it shall 
also be reconsidered, and if approved by two-thirds of the 
members present, shall have the force of a law : but in all 
such cases, the votes of both houses shall be determined by 
yeas and nays ; and the names of the persons voting for or 
against the said bill or resolve, shall be entered upon the 
public records of the Commonwealth. 
See amendments, And in ordcr to prcvciit unuccessary delays, if any bill or 
resolve shall not be returned by the governor within five 
days after it shall have been presented, tlie same shall have 
the force of a law. 
General court HI. ' Thc gcuoral court sliall forever have full power and 
judicatories,'* ^ authorlty to erect and constitute judicatories and courts of 
courts of record, pgQQj.(j^ qj. other courts, to bc held in the name of the Com- 
monwealth, for the hearing, trying and determining of all 
manner of crimes, offences, pleas, processes, plaints, actions, 
matters, causes and things, whatsoever, arising or happening 
" within the Commonwealth, or between or concerning persons 
inhabiting or residing, or brought within the same ; whether 
the same be criminal, or civil, or whether the said crimes be 
capital or not capital, and whether the said pleas be real, 
Courts, &c., may pcrsoual Or mixcd ; and for the awarding and making out of 
administer oaths, exccutiou thereupon : to which courts and judicatories are 
hereby given and granted full power and authority, from 
time to time, to administer oaths or affirmations, for the 
better discovery of trutli in any matter in controversy, or 
depending before them, 
Sr^'^nactrws* ^^' "^"^ further, full power and authority are hereby 
&c., ' given and granted to the said general court, from time to 

time, to make, ordain and establish all manner of wholesome 
and reasonable orders, laws, statutes and ordinances, direc- 
tions and instructions, either with penalties or without, so as 
not repugnant to tlic samo be uot repugnant or contrary to this constitution, 

the constitution; ^^ ^^^^^ ^^^^jj j^^^^^ ^^ ^^^ ^^^ ^^^^ ^^^^ ^^^^ WClfarC of this 

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



CONSTITUTION. 11 

and settle annually, or provide by fixed laws, for the naming may provide for 
and settling, all civil officers within the said Commonwealth, appol'ntm'en't of 
the election and constitution of whom are not hereafter in offi=«rs; 
this form of government otherwise provided for ; and to set prescribe their 
forth the several duties, powers and limits, of the several 
civil and military officers of this Commonwealth, and the 
forms of such oaths, or affirmations as shall be respectively 
administered unto them for the execution of their several 
offices and places so as the same be not repugnant or con- 
trary to this constitution; and to impose and levy propor- impose taxes; 
tional and reasonable assessments, rates and taxes, upon all 
the inhabitants of, and persons resident, and estates lying, 
within the said Commonwealth ; and also to impose and levy duties and ex- 
reasonable duties and excises -upon .any produce, goods, "^*^' 
wares, merchandise and commodities whatsoever, brought 
into, produced, manufactured', or being within the same ; to to be disposed of 
be issued and disposed of by warrant, under the hand of the tection, &c'. 
governor of this Commonwealth, for the time being, with the 
advice and consent of the council, for the public service, in 
the necessary defence and support of the government of the 
said Commonwealth, and the protection and preservation of 
the subjects thereof, according to such acts as are or shall 
be in force within the same. 

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



CHAPTER I. 

SECTION II. 

Senate. 

[Art. I. There shall be annually elected, by the freeholders and Senate, number 
other inhabitants of this Commonwealth, qualified as in this constitution "L'ted.^^ '^''°°' 
is provided, fferty persons to be councilloi-s and senators, for the year 
ensuing their election; to be chosen by the inhabitants of the districts, See amendments, 
into Avtiich the Commonwealth may, from time to time, be divided by the ^yj' ^J^j'^xxil 
general court for that purpose : and the general court, in assigning the 
numbers to be elecfed by the respective districts, shall govern themselves 
by the proportion of the public taxes paid by the said districts ; and timely 
make known, to the inhabitants of the Commonwealth, the limits of each 



12 CONSTITUTION. 

district, and the number of councillors and senators to be chosen therein : 
provided, that the number of such districts shall never be less than thir- 
teen ; and that no district be so large as to entitle the same to choose 
more than six senators. 
Counties to be And the several counties in this Commonwealth shall, until the general 

districts, until, eourt shall determine it necessary to alter the said districts, be districts for 
feeamendments the choice of councillors and senators, Cexcept that the counties of Dukes 
Arts. XIII. and county and Nantucket shall form one district for that purpose,) and shall 
XXII. gjg^.^. ^i^y following number for councillors and senators, viz : — 

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

Manner and time H. The Senate sliall be the first branch of the legisla- 
?orfand council: ture ; [and the senators 5hall be chosen in the following 
^°'''- manner, viz. : there shall be ^ meeting on the first Monday 

See amendments, jj^ April, annuallj, forcvcr, of the inhabitants of each town 
xiv'.andxv. in tlic several counties of this Commonwealth, to be called 
by the selectmen, and warned in due course of law, at least 
seven days before the first Monday in April, for the purpose 
See amendments, of clocting pcrsous to bc scuators aud councillors ; and at 
xxiiLand^^' such mcctings every male inhabitant of twenty-one years of 
xxvi.' ao-G and upwards, having a freehold estate, within the Com- 

monwealth, of the annual income of three pounds, or any 
estate of the value of sixty pounds, shall have a right to give 
in his vote for the senators for the district of which he is an 
word"inhabi- inhabitant.] And to remove all doubts concerning the mean- 
tant" defined. -^^^ ^^ ^^^^ ^^^^.^ "inhabitant," in this constitution, every 
person shall be considered as an inhabitant, for the purpose 
of electing and being elected into any office or place within 
this State, in that town, district or plantation where he 
dwelleth or hath his home. 
Selectmen to pre- Thc Selectmen of the several towns shall preside at such 
meeti^sT" mcctiugs impartially, and shall receive the votes of all the 
inhal)itants of such towns, -present and qualified to vote for 
senators, and shall sort and count them in open town meet- 
ing, and in presence of the town clerk, who shall make a 
Return of votes, fair rccord, in presence of the selectmen, and in open town 
meeting, of the name of every person voted for, and of the 
number of votes against his name ; and a fair copy of this 
record shall be attested by the selectmen and the town clerk, 
and shall be sealed up, directed to the secretaryf^f the Com- 
see amendments, mouwealtli, for the time being, with a superscription express- 
Art. II. jj-jg ^Ijq purport of the contents thereof, and delivered by the 
Amendments, towu clcrk of such towus, to thc sheriff" qf the county in 
Art. X. which such town lies, thirty days at least before [the last 
Wednesday in May, annually ; or it shall be delivered into 



CONSTITUTION. 13 

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

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

III. And that there may be a due convention of senators Governor and 
[on the last Wednesday in May,] annually, the governor, rinfard^^nt 
with five of the council, for the time being, shall, as soon as ""^^^^ '"^^, '*"'^« 
may be, examine the returned copies of such records ; and '"°"''°°"''' 
fourteen days before the said day, he shall issue his summons if^.^'g^'^'^'^^"*^' 
to such persons as shall appear to be chosen by a majority of 

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

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

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



14 CONSTITUTION. 

vacancies, how viz. : The members of the house of representatives, and such 
^"''^- senators as shall be declared elected, shall take the names of 

such persons as shall be found to have the highest number 
of votes in such district, and not elected, amounting to twice 
the number of senators wanting, if there be so many voted 
for ; and out of these, shall elect by ballot a number of sen- 
ators sufficient to fill up the vacancies in such district ; and 
in this manner all such vacancies shall be filled up in every 
district of the Commonwealth; and in like manner all 
vacancies in the senate, arising by death, removal out of the 
State or otherwise, shall be supplied as soon as maj be after 
such vacancies shall happen.] 
Qualifications of V. Providcd, ueverthcless, that no person shall be capa- 
seeTme°nameBt8, blc of bclug clectcd as a senator, [who is not seized in his 
Arts.^xiii. and ^^^^ ^.^^^^ ^f ^ freehold, within this Commonwealth, of the 
value of three hundred pounds at least, or possessed of per- 
sonal estate of the value of six hundred pounds at least, or 
of both to the amount of the same sum, and] who has not 
been an inhabitant of this Commonwealth for the space of 
five years immediately preceding his election, and, at the 
time of his election, he shall be an inhabitant in the district 
for which he shall be chosen. 
Senate not to ad- VI. Thc scuatc shall havc power to adjourn themselves ; 
CdaT' """ provided such adjournments do not exceed two days at a 

time. 
Shall choose its VII. Tho scuatc shall choose its own president, appoint 
uSitTrui::: its own officers, and determine its own rules of proceedings. 
Shall try all im- YIII. Thc souatc sliall bc a court, with full authority to 
peachments. jjgar and determine all impeachments made by the house of 
representatives, against any officer or officers of the Com- 
monwealth, for misconduct and mal-administration in their 
Oath. offices : but, previous to the trial of every impeachment, the 

members of the senate shall, respectively be sworn, truly 
and impartially to try and determine the charge in question, 
Limitation of accoi'diug to cvideiice. Their judgment, however, shall not 
sentence. extcud furtlicr than to removal from office, and disquahfica- 

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

constitute a quorum for doing business. 



CONSTITUTION. 15 

CHAPTER I. 

SECTIONIII. 

House of Representatives. 

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

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

Provided, nevertheless, that each town now incorporated, not having ProTiso as to 
one hundred and fifty ratable polls, may elect one representative ; but no f°^°*. ^^^1^5 
place shall hereafter be incorporated with the privilege of electing a ratable polls, 
representative, unless there are witliin the same one hundred and fiAy 
ratable polls.] 

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

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

v^i -1 • -J in elling to and 

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

III. Every member of the house of representatives shall Qualifications of 

., ,•'. f--„ ^ - a representative. 

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

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



16 



CONSTITUTION. 



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

House alone can 
impeach. 



House to origi- 
nate all money 
bills. 



Not to adjourn 
more than two 
days at a time- 



Quorum. 

See amendments, 

Art. XXI. 

House to judge 
of returns, &c., 
of its own mem- 
bers ; to choose 
its officers and es- 
tablish its rules, 
&c. 

May punish for 
certain offences. 



Privileges of 
members. 



Senate. 

Governor and 
council may 
punish. 

General limita- 
tion. 



Trial may be by 
committee, or 
Otherwise. 



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

YI. The liouse of representatives shall be the grand 
inquest of this Commouwealth ; and all impeachments made 
by them shall be heard and tried by the senate. 

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

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

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

X. The house of representatives shall^ be the judge ot 
the returns, elections and qualifications of its own members, 
as pointed ' out in the constitution ; shall choose their own 
speaker, appoint their own officers, and settle the rules and 
orders of proceeding in their own house. They shall have 
authority to punish by imprisonment, every person, not a 
member, who shall be guilty of disrespect to the house, by 
any disorderly or contemptuous beliavior in its presence ; or 
who, in the town where the general court is sitting, and 
during the time of its sitting, shall threaten harm to the 
body or estate of any of its members, for anything said or 
done in the house ; or who shall assavilt any of them there- 
for ; or who shall assault or arrest any witness, or other 
person, ordered to attend the house, in his way in going or 
returning ; or who shall rescue any person arrested by the 
order of the house. 

And no member of the house of representatives shall_ be 
arrested, or held to bail on mean process, during his going 
unto, returning from, or his attending, the, general assembly. 
XI. The senate shall have the same powers in the like 
cases ; and the governor and council shall have the same 
authority to punish in like cases : provided, that no impris- 
onment, on the warrant or order of the governor, council, 
senate or house of representatives, for either of the above 
described offences, be for a term exceeding thirty days. 

And the senate and house of representatives may try and 
determine all cases where their rights and privileges are 
concerned, and which, by the constitution, they have author- 
ity to try and determine, by committees of their own mem- 
bers, or in such other way as they may, respectively, think 
best. 



CONSTITUTION. 17 

CHAPTER II. 

EXECUTIVE POWER. 

SECTION I. 

Governor. 

Art. I. There shall be a supreme executive magistrate, Governor. 
who shall be styled — The Governor of *the Commonwealth 
OF Massachusetts ; and Avhose title shall be — His Excel- his tuie. 

LENCY. 

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

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

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



18 CONSTITUTION. 

council, for the ordering and directing tlie affairs of the 

Commonwealth, agreeably to the constitution and the laws 

of the land. 

May adjourn or y^ Tlic govcmor, with advicc of council, shall have luil 

LTfo"urt''u'pTn power and authority, during the session of the general court, 

lXte^:LT' to adjourn or prorogue the same at any time the two houses 

^ , shall desire ; [and to dissolve the same on the day next pre- 

See amendments, ►^""'^^ vAv^.jiivy , L , . -»» i • j.i „ ^f +l^r» 

Art. X. ceding the last Wednesday m May ; and, m the recess ot the 

said court, to prorogue the same from time to time, not 
exceeding ninety days in any one recess ;] and to call it 
together sooner tlian the time to which it may be adjourned 
or prorogued, if the welfare of the Commonwealth shall 
require the same ; and in case of any infectious distemper 
prevailing in the place where the said court is next at any 
time to convene, or any other cause happening, whereby 
danger may arise to the health or lives of the members from 
their attendance, he may direct the session to be held at 
some other the most convenient place within the State. 

See amendments, [And the governor shall dissolve the said general court on the day next 
Art. X. preceding the last Wednesday in May.] 

Governor and YI. In cascs of disagreement between the two houses, 
Jo°urn theTnefal with regard to thc ncccssity, expediency or time of adjourn- 
court in cases, ™gj.+ qj. nrorogatiou, the governor, with advice of the coun- 

&c., but not ex- i"'-'^"' '-"■ i"-^'-^o ' ° ,. ,i i 

ceeding ninety ^il, shall havc a right to adjourn or prorogue the general 
^^'' court, not exceeding ninety days, as he shall determine the 

public good shall require. 
Governor to be Yll Thc govcruor of this Commonwealth, for the time 
commander-in- ^^-^^g^' gi^^^ ^^^ thc commandcr-in-chief of the army and 
navy, and of all the military forces of the State, by sea and 
land ; and shall have full power, by himself, or by any com- 
mander, or other officer or officers, from time to time, to 
train, instruct, exercise and govern the militia and navy ; 
and, for the special defence and safety of the Commonwealth, 
to assemble in martial array, and put in warlike posture the 
inhabitants thereof, and to lead and conduct them, and with 
them, to encounter, repel, resist, expel and pursue, by force 
of arms, as well by sea as by land, within or witliout the 
limits of this Commonwealth, and also to kill, slay and 
destroy, if necessary, and conquer, by all fitting ways, enter- 
prises and means whatsoever, all and every such person and 
persons as shall, at any time hereafter, in a hostile manner, 
attempt or enterprise the destruction, invasion, detriment or 
annoyance of this Commonwealth ; and to use and exercise, 
over the army and navy, and over the militia in actual ser- 
vice, the law martial, in time of war or invasion, and also in 
time of rebeUion, declared by the legislature to exist, as 



CONSTITUTION. 19 

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

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

VIII. The power of pardoning offences, except such as Governor and 
persons may be convicted of before the senate, by an impeach- Z"offe!^ces,''ex-" 
ment of the house, shall be in the governor, by and with the '^'^p*' ^''• 
advice of council ; but no charter or pardon, granted by the But not before 
governor, with advice of the council, before conviction, shall <=°°"°''°°- 
avail the party pleading the same, notwithstanding any gen- 
eral or particular expressions contained therein, descriptive 

of the offence or offences intended to be pardoned. "^ 

IX. All judicial officers, [the attorney-general, the solici- ah judicial om- 
tor-general, all sheriffs,] coroners [and registers of probate,] nominated and 
shall be nominated and appointed by the governor, by and seeamendments, 
with the advice and consent of the council ; and every such and'xix ■'^^"' 
nomination shall be made by the governor, and made at '"' 

least seven days prior to such appointment. 

X. The captains and subalterns of the militia shall be Miiitia officers, 
elected by the written votes of the train-band and alarm list ''"^ ''*°*^'*- 
of their respective companies, [of twenty-one years of age see amendments 
and upwards ;] the field officers of regiments shall be elected '^"- ^• 

by the written votes of the captains and subalterns of their 
respective regiments ; the brigadiers shall be elected, in hke 
manner, by the field officers of their respective brigades ; 
and such officers, so elected, shall be commissioned by the Howcommis- 
governor, who shall determine their rank. ''°"'''^' 

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



20 



CONSTITUTION. 



Major-generals, 
how appointed 
and commis- 
sioned 

Vacancies, how 
filled, in case, 
&c. 



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

Adjutants, &c., 
how appointed. 

Adjutant-gen- 
eral. 

Army officers, 
how appointed. 



Organization of 
militia. 



Money, how 

drawn fipom the 
tr^ury, except. 



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



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

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

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

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

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

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

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

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



CONSTITUTION. 21 

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

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

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

Permanent and honorable salaries shall also be established salaries of jus- 
by law forthe justices of the supreme judicial court. STdaiTouT' 

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



CHAPTER II. 
SECTION II. 

Lieutenant- Governor. 

Art. I. There shall be annually elected a lieutenant- Lieutenant-goy- 
governor of the Commonwealth £)f Massachusetts, whose title ™'quaiificit 
shall be — His Honor ; and who sl;all be qualified, in point "°"8- 
of religion, property, and residence in the Commonwealth, see amendments, 
in the same manner with the governor ; and the day and and xv^'^^''^' 
manner of his election, and the qualifications of the electors, 
shall be the same as are required in the election of a gov- 
ernor. The return of the votes for this officer, and the how chosen. 
declaration of his election, shall be in the same manner; 
[and if no one person shall l)e found to have a majority of all 
the votes returned, the vacancy shall be filled by the senate 



22 



President of 
couacil. 

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

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



CONSTITUTION. 

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

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

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



CHAPTER II. 



Council. 



See amendments, 
Art. XVI. 



Number; from 
whom, and how 
chosen. 

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



Senators becom- 
ing councillors, 
seats vacated. 

Rank of council- 
ilors. 



No district to 
have more than 
itwo. 



SECTION III. 

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

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

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

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

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



CONSTITUTION. 23 

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

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

VI. Whenever the office of the governor and lieutenant- councu to exer- 
governor shall be vacant by reason of death, absence, or o'/governo''r°"rn 
otherwise, then the council, or the major part of them, shall, '='***'' ^<'- 
during such vacancy, have full power and authority, to do 

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

[VII. And -whereas the elections appointed to be made by this consti- Elections may be 

tution on the last AVednesday in May annually, by the two houses of the atijoumed until, 
legislature, may not be completed on that day, the said elections may be 

adjourned from day to day, until the same shall be completed. And the Order thereof, 

order of elections shall be as follows : the vacancies in the senate, if any, Amendments, 

shall first be filled up ; the governor and lieutenant-governor shall then Arts. xvi. and 

be elected, provided there should be no choice of them by the people ; ■^■^^• 
and afterwards the two houses shall proceed to the election of the 
council.] 



CHAPTER II. 
SECTION IV. 

Secretary^ Treasurer ^ Commissary , SfC. 

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

,1 . . . , 1 T J. xi j_ ble for more than 

the moneys remaining in the public treasury, upon the set- eve successive 
tlement and liquidation of the public accounts, are their ^'^'^''^' 
property, no man shall be eligible as treasurer and receiver- 
general more than five years successively. 

II. The records of the Commonwealth shall be kept in secretary to keep 
the office of the secretary, who may appoint his deputies, tend^te gover- 
for whose conduct he shall be accountable; and he shall °°''^o'i '^""u- 
attend the governor and council, the senate and house of 
representatives in person, or by his deputies, as they shall 
respectively require. 



24 



CONSTITUTION. 



CHAPTER III. 



Tenure of all 
commission offi- 
cers to be ex- 
pressed. 

Judicial officers 
to hold office flur- 
ing good beha- 
vior, except, &c. 

May be removed 
on address. 



Justices of su- 
preme judicial 
court to give 
opinions when 
required. 



Justices of the 
peace ; tenure 
of their office. 



Provisions for 
holding probate 
courts. 



Causes of mar- 
riage and divorce 
how determined 



JUDICIARY POWER. 

Art. I. The tenure that all commission officers shall by 
law have in their offices shall be expressed in their respective 
commissions. All judicial officers, duly appointed, commis- 
sioned and sworn, shall hold their offices during good be- 
havior, excepting such concerning whom there is different 
provision made in this constitution : provided, nevertheless, 
the governor, with consent of the council, may remove them 
upon the address of both houses of the legislature. 

II. Each branch of the legislature, as well as the governor 
and council, shall have authority to require the opinions of 
the justices of the supreme judicial court, upon important 
questions of law, and upon solemn occasions. 

III. In order that the people may not suffer from the 
long continuance in place of any justice of the peace, who 
shall fail of discharging the important duties of his office 
with ability or fidehty, all commissions of justices of the 
peace shall expire and become void in the term of seven 
years ..from their respective dates ; and, upon the expiration 
of any commission, the same may, if necessary, be renewed, 
or another person appointed, as shall most conduce to the 
well being of the Commonwealth. 

IV. The judges of probate of wills, and for granting 
letters of administration, shall hold their courts at such place 
or places, on fixed days, as the convenience of the people 
shall require ; and the legislature shall, from time to time, 
hereafter, appoint such times and places ; until which 
appointments, the said courts shall be holden at the times 
and places which the respective judges shall direct. 

[V. All causes of marriage, divorce and alimony, and all appeals from 
the judges of probate, shall be heard and determined by the governor and 
counciruntil the legislature shall, by law, make other provision.] 



CHAPTER IV. 



DELEGATES TO CONGRESS. 

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

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



CONSTITUTION. 25 



CHAPTERV. 

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

SECTION I. 

The University. 

Art. I. Whereas our wise and pious ancestors, so early Harvard couege. 
as the year one thousand six hundred and thirty-six, laid the 
foundation of Harvard College, in which university many 
persons of great eminence have, by the blessing of God, 
been initiated in those arts and sciences which qualified 
them for public employments, both in church and state ; and 
whereas the encouragement of arts and sciences, and all 
good literature, tends to the honor of God, the advantage 
of the Christian religion, and the great benefit of this and 
the other United States of America, — it is declared, that the powers privi- 

-i-v -n -i-T /-I • 1 • leges, &c., of the 

President and Fellows of Harvard College, m their president and fei- 
corporate capacity, and their successors in that capacity, 1°^*' «°''fi'™«'^- 
their officers and servants, shall have, hold, use, exercise 
and enjoy, all the powers, authorities, rights, liberties, privi- 
leges, immunities and franchises, which they now have, or 
are entitled to have, hold, use, exercise and enjoy ; and the 
same are hereby ratified and confirmed unto them, the said 
president and fellows of Harvard College, and to their 
successors, and to their officers and servants, respectively, 
forever. 

II. And whereas there have been, at sundry times, by Property devised. 
divers persons, gifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies and conveyances, heretofore 

made, either to Harvard College in Cambridge, in New Eng- 
land, or to the president and fellows of Harvard College, or 
to the said college, by some other description, under several 
charters successively ; it is declared, that all the said gifts, G'"^, grants, 

.*'/ " IIP ^^^ conveyances 

grants, devises, legacies and conveyances, are hereby forever confirmed. 
confirmed unto the president and fellows of Harvard College, 
and to their successors, in the capacity aforesaid, according 
to the true intent and meaning of the donor or donors, 
grantor or grantors, devisor or devisors. 

III. And whereas by an act of the general court of the Board of over- 

1 r- TV r 1 ii TV 1 • ji ii seers established 

colony 01 Massacliusetts Bay, passed in the year one thou- by general court 
sand six hundred and forty-two, the governor and deputy- °' ^^'^^ 
governor, for the time being, and all the magistrates of that 
jurisdiction, were, with the president, and a number of the 
clergy in the said act described, constituted the overseers of 



26 



CONSTITUTION. 



Overseers estab- 
lished by consti- 
tution. 



Harvard College ; and it being necessary, in this new con- 
stitution of government, to ascertain who shall be deemed 
successors to the said governor, deputy-governor, and magis- 
trates ; it is declared, that the governor, lieutenant-governor, 
council and senate of this Commonwealth, are, and shall be 
deemed, their successors ; who, with the president of Harvard 
College, for the time being, together with the ministers of 
the congregational churches in the towns of Cambridge, 
Watertown, Charlestown, Boston, Roxbury and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any way 
Power of altera- appertaining, to the overseers of Harvard College : provided, 
thTieglSure'" that uothiug herein shall be construed to prevent the legis- 
lature of this Commonwealth from making such alterations 
in the government of the said university, as shall be condu- 
cive to its advantage, and the interest of the republic of 
letters, in as full a manner as might have beeii done by the 
legislature of the late Province of the Massachusetts Bay. 



CHAPTER V . 
SECTION II. 

The Encouragement of Literature^ Sfc. 

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



CONSTITUTION. 27 



CHAPTER VI. 

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

Art. I. [Any person chosen governor, lieutenant-governor, councillor, Declaration of 
senator or representative, and accepting the trust, shall, before he proceed feWsraUve offic- 
io execute the duties of his place or office, make and subscribe the follow- cers. 
ing declaration, viz. : 

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

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

And every person chosen to either of the places or offices Declaration and 

„ -Ti -iT ' • J 1. oaths of all offl- 

aioresaid, as also any person appomted or commissioned to cers. 
any judicial, executive, military or other office under the 
government, shall, before he enters on the discharge of the 
business of his place or office, take and subscribe the follow- 
ing declaration, and oaths or affirmations, viz. : 

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

whatsoever. So help me, God."] 

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



28 CONSTITUTION. 

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

See amendments, [Provided, always, that when any person, chosen or appointed as afore- 
^''^' ^^' said, shall be of the denomination of the people called Quakers, and shall 

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

Oaths and affirm- And the Said oatlis or afhrmations shall be taken and sub- 

ations, how ad- -i n i xi t , / i -n 

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

piurahty of offi- H. No govcmor, licutenant-governor, or iudge of the 

ces prohibited to . S. . , , i n i Vi ,^ rr- ^ 

governor, &c., suprcme judicial court, shall hold any other onice or place, 
except, &c. under the authority of this Commonwealth, except such as 
iTtTiTi!"'™''' ^y *^"^ constitution they are admitted to hold, saving that 
the judges of the said court may hold the offices of justices 
of the peace through the State ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other State, or government or power, whatever. 
Same subject. No persoii sliall be capable of holding or exercising at the 

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

offices. judicial court — secretary — attorney-general — [solicitor-gen- 

Ar^tTiT/™^"^'^' 6ral] — treasurer or receiver-general — judge of probate — 
commissary-general — president, professor or instructor of 
Harvard College — sheriff — clerk of the house of representa- 
tives — register of probate — register of deeds — clerk of the 
supreme judicial court — [clerk of the inferior court of com- 
mon pleas j — or officer of the customs, including in this 



CONSTITUTION. 29 

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

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

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

III. In all cases where sums of money are mentioned ia vaiue of money 
this constitution, the value thereof shall be computed in propertrquaim- 
silver, at six shillings and eight pence per ounce ; and it <^ations. 
shall be in the power of the legislature, from time to time, I'^l^'xiii."**"''' 
to increase such qualifications, as to property, of the persons 

to be elected to offices, as the circumstances of the Common- 
wealth shall require, 

IV. All commissions shall be in the name of the Com- fp';^^;'^""^^!^: 
monwealth of Massachusetts, signed by the governor, and missions, 
attested by the secretary or his deputy, and have the great 

seal of the Commonwealth affixed thereto. 

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

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

VI. All the laws, which have heretofore been adopted, ^ruSt're^- 
used and approved, in the Province, Colony or State of<=ept,&c. 
Massachusetts Bay, and usually practised on in' the courts 

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

VII. The privilege and benefit of the writ of habeas Benefit of habeas 

1 ~. . ii'i i. corpus secured, 

corpus shall be enjoyed m this Commonwealth, in tne most except, &c. 
free, easy, cheap, expeditious and ample manner ; and shall 
not be suspended by the legislature, except upon the most 
urgent and pressing occasions, and for a limited time, not 
exceeding twelve months. 



30 CONSTITUTION. 

Jt'ie^"'"'""^ VIII. The enacting style, in making and passing all acts, 

statutes and laws, shall be — " Be it enacted by the Senate 
and House of Representatives, in General Court assembled, 
and by the authority of the same." 

Officers of former [IX. To the end there may be no faihu-e of justice, or danger arise to 
tkmed'unUi "fee' ^^6 Commonwealth, from a change of the form of government, all officei's, 
civil and military, holding commissions under the government and people 
of Massachusetts Bay, in Ncav England, and all other officers of the said 
government and people, at the time this constitution shall take eifect, 
shall have, hold, use, exercise and enjoy all the powers and authority to 
them granted or committed, until other persons shall be appointed in 
their stead ; and all courts of law shall pi-oceed in the execution of the 
business of their respective departments ; and all the executive and legis- 
lative officers, bodies and powers, shall continue in full force, in the enjoy- 
ment and exercise of all their ti-usts, employments and authority, until 
the general court, and the supreme and executive officers under this 
constitution, are designated and invested with their resjjective trusts, 
nowers and authority. 
Provision for re- X. In order the more effectually to adhere to the principles of the 
vising constitu- constitution, and to correct those violations which by any means may be 
ments Art. IX." made therein, as well as to form such alterations as from experience shall 
be found necessary, the general court, which shall be in the year of our 
Lord one thousand seven hundred and ninety-five, shall issue precepts to 
the selectmen of the several towns, and to the assessors of the unincorpo- 
rated plantations, directing them to convene the qualified voters of their 
respective towns and plantations, for the purpose of collecting their 
sentiments on the necessity or expediency of revising the constitution, in 
order to amendments. 
Same subject. And if it shall appear, by the returns made, that two-thirds of the qual- 

ified voters throughout the State, who shall assemble and vote in conse- 
quence of the said precepts, are in favor of such revision or amendment, 
the general court shall issue precepts, or direct them to be issued firom the 
secretary's office, to the several towns, to elect delegates to meet in 
convention for the purjwse aforesaid. 

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

Proyi.oionforpre- XL Tlus form of govcmment shall be enrolled on parch- 
lisMnl thit con- mcut, and deposited in the secretary's office, and be a part 
« stitut'O'^- of the laws of the land ; and printed copies thereof shall be 

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



CONSTITUTION. 31 



ARTICLES OF AMENDMENT. 

Art. I. If any bill or resolve shall be objected to, and ^^'"^^^^'^i^'^^P' 
not approved by the governor ; and if the general court shall eve days, not 
^djoiirn within five days after the same shall have been laid faw,^?l^isla* 
before the governor for his approbation, and thereby prevent |a*"he'*''mean° 
his returning it with his objections, as provided by the con- time, 
stitution, such bill or resolve shall not become a law, nor 
have force as such. 

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

~ , . . ., \ empowered to 

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

Art. III. Every male citizen of twenty-one years of age Qualifications of 

, T ^ • 1 ./.u voters for gorer- 

and upwards, (excepting paupers and persons under guar- nor, lieutenant- 
dianship,) who shall have resided within the Commonwealth forTTnd repre- 
one year, and within the town or district, in which he may p'^^^'^ggg^- ^^ 
claim a right to vote, six calendar months next preceding .see amendments, 
any election of governor, lieutenant-governor, senators or xxin. and 
representatives, and who shall have paid, by himself, or his ■^■^^^' 
parent, master or guardian, any state or county tax, which 
shall, within two years next preceding such election, have 
been assessed upon him, in any town or district of this 
Commonwealth ; and also, every citizen who shall be by law 
exempted from taxation, and who shall be in all other 
respects qualified as above mentioned, shall have a right 
to vote in such election of governor, lieutenant-governor, 
senators and representatives ; and no other person shall be 
entitled to vote in such elections. 



32 CONSTITUTION. 

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

andremovid''"^ eriior, ill the same manner as judicial officers are appointed, 

and shall hold their offices during seven years, unless sooner 

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

upon the address of both houses of the legislature. ^ 

Vacancies in the [In case the office of secretary or treasurer of the Commonwealth shall 
offices of secreta- jjecome vacant from any cause, during the recess of the general court, the 
how miedTn else' governor, with the advice and consent of the council, shall nominate and 
&c. appoint, under such regulations as may be prescribed by law, a competent 

Art^xvn™''"*'' and suitable person to such vacant office, who shall hold the same until a 
successor shall be appointed by the general court.] 

Commissary-gen- Whenever the exigencies of the Commonwealth shall 
pott"d7in''ca''se; rcquirc the appointment of a commissary-general, he shall 
^o- be nominated, appointed and commissioned, in such manner 

as the legislature may, by law, prescribe. 
Militia officers, AH officcrs commissioucd to command in the militia, may 
howremoyed. ^^q rcmovcd from officc in such manner as the legislature 

may, by law, prescribe. 

Who may vote Art. V. lu tlic elcctious of captaius and subalterns of 
subauems'''"'^ tlio militia, all the members of their respective companies, as 

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

shall have a right to vote. 

oath'to be taken Art. VI. Instcad of the oath of allegiance prescribed by 
by all officers. ^^^^ constitutiou, thc followlug oath shall' be taken and sub- 
scribed by every person chosen or appointed to any office, 
civil or military, under the government of this Common- 
wealth, before he shall enter on the duties of his office, to 
wit: — 

" I, A. B., do solemnly swear, that I will bear true faith 
and' allegiance to the Commonwealth of Massachusetts, and 
will support the constitution thereof. So help me, God." 
Proviso: Quaker Provided, That when any person shall be of the denomi- 
may affirm. j^r^^^^y^ called Quakcrs, and shall decline taking said oath, 
he shall make his affirmation in the foregoing form, omitting 
the word " swear," and inserting, instead thereof, the word 
" affirm," and omitting the words, " So help me, God," and 
subjoining, instead thereof, the words " This I do under the 
pains and penalties of perjury." 

Tests abolished. Art. VII. No oath, declaration or subscription, except- 
ing the oath prescribed in the preceding article, an4 the 
oath of office, shall be required of the governor, lieutenant- 
governor, councillors, senators or representatives, to qualify 
them to perform the duties of their respective offices. 



CONSTITUTION. 33 

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

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

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



34 CONSTITUTION. 

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

Meetings for the [The meeting for the choice of governor, lieutenant-governor, senators 
choice of gover- and representatives, shall be held on the second Monday ol November in 
gov^rnoT^'Tc'" every year; but meetings may be adjourned, if necessary, lor the choice 
when to beheld' of representatives, to the next day, and again to the next succeeding tla>, 
May be adjourn- ^^^^ ,-,q further. But in case a second meeting shall be necessary tor the 
See amendments, choice of representatives, such meetings shall be held on the fourth Monday 
Art. XV. of the same month of November.] 

» 

All the [other] provisions of the constitution, respectmg 
the elections and proceedings of the members of the general 
court, or of any other officers or persons whatever, that have 
reference to the last Wednesday of May as the commence- 
ment of the political year, shall be so far altered, as to have 
like reference to the first Wednesday of January. 
Article, when to Tfiis articlc shall go into operation on the first <iay of 
go^into opera- Q^^tQijej., uext followiug the day when the same shall be duly 
ratified and adopted as an amendment of the constitution ; 
and the governor, heutenant-governor, councillors, senators, 
representatives, and all other state officers, who are annually 
chosen, and who shall be chosen for the current year, when 
the same shall go into operation, shall hold their respective 
offices until the first Wednesday of January then next fol- 
lowing, and until others are chosen and qualified m their 
stead, and no longer ; and the first election of the governor, 
lieutenant-governor, senators and representatives, to be had 
in virtue of this article, shall be had conformably thereunto, 
in the month of November following the day on which the 
same shall be in force and go into operation, pursuant to the 
foregoing provision. 
Inconsistent pro- All the provlsious of thc cxistiug constitution, mconsist- 
Tisions annulled. ^^^ ^..^j^ ^^^^ provlsious hcrcin contained, are hereby wholly 

annulled. 

Religious free- Art. XL lustcad of the third article of the bill of rights, 
dom established. ^^^^ following modlficatiou and amendment thereof is substi- 
tuted : — . . • , 

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



CONSTITUTION. 35 

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

[Art. XII. In order to provide for a representation of the citizens of Census of ratable 
this Commonwealth, founded upon the principles of equality, a census of P^'loo^ ^^ ^f^"" 
the ratable polls in each city, town and district of the Commonwealth, on ienuially'' there"- 
the first day of May, shall be taken and returned into the secretary's '*"'^'"' 
^^Tf "^ -^""^'^ manner as the legislature shall provide, within the month 
of May, in the year of our Lord one thousand eight hundred and thirty- 
seven, and in every tenth year thereafte!", in the month of May, in manner 
aforesaid : and each town or city having three hundred ratable polls at the Representatives, 
last preceding decennial census of polls, may elect one representative howapportionetU 
and for every four hundred and fifty ratalile polls, in addition to the first iTts^Tiir'and 
three hundred, one representative more. xxi. 

Any town having less than three hundred ratable polls shall be repre- Towns having 
sented thus: The whole number of ratable polls, at the last precedino- 'e^'^^han 300 
decennial census of polls, shall be multiijlied by ten, and the produc't how %epre- 
divided by three hundred ; and such town may elect one representative rented. 
as many years within ten years, as three hundred is contained in the 
product aforesaid. 

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

Any two or more of the several towns and districts may, by consent of Towns may unite 
a majority of the legal voters present at a legal meeting in each of said 1"*° «Pref »"»- 
towns and districts, respectively, called for that purpose, and held previous '*''''""'^- 
to the first day of July, in the year in which the decennial census of polls 
shall be taken, form themselves into a representative district, to continue 
until the; next decennial census of polls, for the election of a representa- 
tive or representatives ; and such districts shall have all the rio-hts, in 



36 



CONSTITUTION. 



The governor and 
council to deter- 
mine the number 
of representatives 
to which each 
town is entitled. 



New apportion- 
ment to be made 
once in every ten 
years. 



Inconsistent pro- 
visions annulled. 



regard to representation, which would belong to a town containing the 
same number of ratable polls. 

The governor and council shall ascertain and determine, within the 
months of July and August, in the year of our Lord one thousand eight 
hundred and thirty-seven, according to the foregoing principles, the num- 
ber of representatives which each city, town and representative district is 
entitled to elect, and the number of years, within the period often years 
then next ensuing, that each city, town and representative district may 
elect an additional representative ; and where any town has not a suffi- 
cient number of polls to elect a rejiresentative each year, then, how many 
years within the ten years, such town may elect a representative ; and 
the same shall be done once in ten years thereafter, by the governor and 
council, and the number of ratable polls in each decennial census of polls 
shall determine the number of representatives which each city, town and 
representative district may elect as aforesaid ; and when the number of 
representatives to be elected by each city, town or representative district 
is ascertained and determined as aforesaid, the governor shall cause the 
same to be published forthwith for the information of the people, and that 
number shall remain fixed and unalterable for the period of ten years. 

All the provisions of the existing constitution inconsistent with the 
provisions herein contained, are hereby wholly annulled.] 



Census of inhabi- 
tants to be taken 
in 1840, and de- 
cennially there- 
after, for basis of 
representation. 
See amendments, 
Art. XXII. 

Senatorial dis- 
tricts declared 
permanent. 
See amendments, 
Art XXII. 



House of repre- 
sentatives, how 
apportioned. 
See amendments., 
Art. XXI. 



Small towns, how 
represented. 



Towns may unite 
into representa- 
tive districts. 



Basis of represen- 
tation, and ratio 
of increase. 



Art. XIII. [A census of the inhabitants of each city and town, on the 
first day of May, shall be taken and returned into the secretary's office, 
on or before the last day of June, of the year one thousand eight hundred 
and forty, and of every tenth year thereafter ; which census shall deter- 
mine the apportionment of senators and reiJresentatives for the term of 
ten years. 

The several senatorial districts now existing, shall be permanent. The 
senate shall consist of forty members ; and in the year one thousand eight 
hundred and forty, and every tenth year thereafter, the governor and 
council shall assign the number of senators to be chosen in each district, 
according to the number of inhabitants in the same. But, in all cases, at 
least one senator shall be assigned to each district. 

The members of the house of representatives shall be apportioned in 
the following manner : Every town or city containing twelve hundred 
inhabitants, may elect one representative ; and two thou-sand four hun- 
dred Inhabitants shall be the mean inci'easing number, which shall entitle 
it to an additional representative. 

Every town containing less than twelve hundred inhabitants shall be 
entitled to elect a representative as many times, within ten years, as the 
number one hundred and sixty is contained in the number of the inhabi- 
tants of said tov/n. Such towns may also elect one representative for the 
year in which the valuation of estates within the Commonwealth shall be 
settled. 

Any two or more of the several towns may, by consent of a majority of 
the legal voters jiresent at a legal meeting, in each of said towns, respec- 
tively, called for that purpose, and held before the first day of August, in 
the year one thousand eight hundred and forty, and every tenth year 
thereafter, form themselves into a representative district, to continue for 
the term of ten years ; and such districts shall have all the rights, in 
regard to representation, which would belong to a town containing the 
same number of inhabitants. 

The number of inhabitants which shall entitle a town to elect one rep- 
resentative, and the mean increasing number, which shall entitle a town 
or city to elect more than one, and also the number by which the popula- 
tion of towns, not entitled to a representative every year, is to be divided, 



CONSTITUTION. 37 

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

In the year of each decennial census, the governor and council shall, The governor aca 

before the first day of September, apportion the number of representatives ?P""?.' '" ''■pp°''- 
,., ,. •' ', ^^. ,. .. .,,' , , tion tne number 

whicli eacli city, town and representative district is entitled to elect, and ofrepresentatives 
ascertain how many years, within ten years, any town may elect a repre- pf each town once 
sentative, which is not entitled to elect one every year ; and the governor lears^"^^ ^^ 
shall cause the same to be published forthwith. 

Nine councillors shall be annually chosen from among the people at Councillors to be 
large, on the first Wednesday of January, or as soon thereafter as may be, '^^°^^'^ ^^T"!" ^^^ 
by the joint ballot of the senators and representatives, assembled in one «ee amendments, 
room, who shall, as soon as may be, in like manner, fill up any -^cancies A""' ^^'I- 
that may happen in the council, by death, resignation or otherwise. No Qualifications of 
person shall be elected a councillor who has not been an inhabitant of this '=o"'^*='"°'^*- 
Commonwealth for the term of five years immediately preceding his 
election ; and not more than one councillor shall be chosen from any one 
senatorial district In the Commonwealth.] 

No possession of a freehold, or of any other estate, shall Freehold as a 

1 *^ . 1 ,.,, . /. 1 1 T ... qualification not 

be required as a quahrication tor holding a seat in either required 
branch of the general court, or in the executive council. 

Art. XIY. In all elections of civil officers by the people Elections by the 
of this Commonwealth, whose election is provided for by the pi^uMiity^ofvotes^ 
constitution^ the person having the highest number of votes 
shall be deemed and declared to be elected. 

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

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



38 CONSTITUTION. 

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

the Commonwealth for the term of five years immediately 
Day and manner preceding his clectioii. Tlic day and manner of the elec- 
of election, &c. i[q^^^ ^\^q petum of the votes, and the declaration of the said 
elections, shall be the same as are required in the election 
Vacancies, how ^ of govcmor. Whenever there shall be a failure to elect the 
^^^^^' full number of councillors, the vacancies shall be filled in the 

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

Election of secre- ^jjrji^ XVII. Thc sccrctary, treasurer and receiver-gen- 

tary, treasurer, i i n i i n 

auditor and at- eral, auditor, and attorney-general, shall be chosen annually, 
b7 the people' ou tlic day iu November prescribed for the choice of gov- 
ernor ; and each person then chosen as such, duly qualified 
in other respects, shall hold his office for the term of one 
year from the third Wednesday in January next thereafter, 
and until another is chosen and qualified in his stead. The 
qualification of the voters, the manner of the election, the 
return of the votes, and the declaration of the election, shall 
Vacancies, how be such as are required in the election of governor. In 
case of a failure to elect either of said officers on the day in 
November aforesaid, or in case of the decease, in the mean 
time, of the person elected as such, such officer shall be 



CONSTITUTION. 39 

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

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

Art. XIX. The legislature shall prescribe, by general i^egisiature to 

. o ^ • 'c • p 7./0 _ prescribe for the 

law, for the election of sheriffs, registers oi probate, commis- election of sher- 
sioners of insolvency, and clerks of the courts, by the people probaTe^" &T, by 
of the several counties, and that district-attorneys shall be "^e people. 
chosen by the people of the several districts, for such term 
of office as the legislature shall prescribe. 

Art. XX. No person shall have the right to vote, or be Beading consti- 
eligible to office under the constitution of this Common- andwrltin'i^^nec''- 
wealth, who shall not be able to read the constitution in the tf'fj^of^o^eM 
English language and write his name : provided., however, Proviso 
tliat the provisions of this amendment shall not apply to any 



ca- 



40 CONSTITUTION. 

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

^T^^and o'/fn^ ■^^^" ^^^' ^ ccusus of the legal voters of each city and 
habitants, when towu, ou the first day of May, shall be taken and returned 
* '^°' '^' into the office of the secretary of the Commonwealth, on or 
chapiter 20"/ ^^^^' ^eforc thc last day of June, in the year one thousand eight 
hundred and fifty-seven ; and a census of the inhabitants of 
each city and town, in the year one thousand eight hundred 
and sixty-five, aud of every tenth year thereafter. In the 
census aforesaid, a special enumeration shall be made of the 
legal voters ; and in each city said enumeration shall specify 
the number of such legal voters aforesaid, residing in each 
ward of such city. The enumeration aforesaid shall deter- 
mine the apportionment of representatives for the periods 
between the taking of the census. 
House to consist The house of representatives shall consist of two hundred 
representatives ' aud forty meuibcrs, which shall be apportioned by the legis- 
to be apportioned jg^^^^j,^^ ^^ j|.g £j^.g^ scssiou after the return of each enumeration 



upon 



gal voters. ^g aforcsaid, to the several counties of the Commonwealth, 

equally, as nearly as may be, according to their relative 

numbers of legal voters, as ascertained by the next preceding 

special enumeration ; and the town of Cohasset, in the county 

of Norfolk, shall, for this purpose, as well as in the formation 

of districts, as hereinafter provided, be considered a part of 

Secretary shall tlic couiity of Plyiuoutli ; aiid it sliall be the duty of the 

a"tilMized°tlrdi- secretary of the Commonwealth, to certify, as soon as may 

vide counties, j^g gfj^gj. j^ jg determined by the legislature, the number of 

representatives to which each county shall be entitled, to the 

board authorized to divide each county into representative 

Meeting for divi- disti'icts. The mayor and aldermen of the city of Boston, 

Tuesday in Au- thc couuty commissioiicrs of other counties than Suffolk, — 

^"'''" or in lieu of the mayor and aldermen of the city of Boston, 

or of the county commissioners in each county other than 

Suffolk, such board of special commissioners in each county, 

to be elected by the people of the county, or of the towns 

therein, as may for ^lat purpose be provided by law, shall, 

on the first Tuesday of August next after each assignment 

of representatives to each county, assemble at a shire town 

of their respective counties, and proceed as soon as may be. 

Proceedings. to divide the samc into representative districts of contiguous 

territory, so as to apportion the representation assigned to 

each county equally, as nearly as may be, according to the 

relative number of legal voters in the several districts of 



CONSTITUTION. 41 

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

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

any district be made which shall be entitled to elect more 

than three representatives. Every representative, for one Qualifications of 

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

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

cease to represent such district when he shall cease be an 

inhabitant of the Commonwealth. The districts in each i^^^rict^^^^to ^be 

county shall be numbered by the board creating the same, scribed and cer- 

and a description of each, with the numbers thereof and *'^®'^' 

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

board, to the secretary of the Commonwealth, the county 

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

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

The manner of calling and conducting the meetings for the 

choice of representatives, and of ascertaining their election, 

shall be prescribed by law. Not less than one hundred. ^°^ber°'l™'* 

members of the house of representatives shall constitute a quorum. 

quorum for doing business ; but a less number may organize 

temporarily, adjourn from day to day, and compel the 

attendance of absent members. 

Art. XXII. A census of the legal voters of each city and an^^^n^Ibltents 
town, on the first day of May, shall be taken and returned to be taken. 
into the office of the secretary of the Commonwealth, on or 
before the last day of June in the year one thousand eight 
hundred and fifty-seven ; and a census of the inhabitants of 
each city and town, in the year one thousand eight hundred 
and sixty-five, and of every tenth year thereafter. In the voters to be basis 

i '. T . / -^ ,. 1111 1 c of apportionment 

census atoresaid, a special enumeration shall be made oi of senators. 
the legal voters, and in each city said enumeration shall 
specify the number of such legal voters aforesaid, residing 
in each ward of such city. The enumeration aforesaid shall 
determine the apportionment of senators for the periods 
between the taking of the census. The senate shall consist of7Q®„,e„X°r?' 
of forty members. The general court shall, at its first session senatorial dis- 
after each next preceding special enumeration, divide the *"*^'^' 
Commonwealth into forty districts of adjacent territory, each 
district to contain, as nearly as may be, an equal number of 
legal voters, according to the enumeration aforesaid : pro- Proyiso. 
vided, however, that no town or ward of a city shall be 
divided therefor ; and such districts shall be formed, as 
nearly as may be, without uniting two counties, or parts of 
two or more counties, into one district. Each district shall Qualifications of 
elect one senator, who shall have been an inhabitant of this 
Commonwealth five years at least immediately preceding his 
6 



42 CONSTITUTION. 

election, and at the time of his election shall he an inhabi- 
tant of the district for which he is chosen ; and he shall cease 
to represent such senatorial district when he shall cease to 
Sixteen members bc an inhabitant of the Commonwealth. Not less than 
a quorum. sixtccn scuators shall constitute a quorum for doing busi- 

ness ; but a less number may organize temporarily, adjourn 
from day to day, and compel the attendance of absent 
members.' 

Residence of two [Art. XXIII. No person of foreign birth shall be entitled to vote, or 
naturaUzed'^^cit'i- shall be eligible to office, unless he shall have resided within the jurisdic- 
zen, to entitle to tion of the United States for two years subsequent to his naturalization, 
sufifrage or make :^ | gjj ^ Otherwise 'qualified, according to tlie constitution and laws of 
eligible to Grace. , . /-, • i i i i • in /i- j. j.i 

See amendment, this Commonwealth : provided, that this amendment snail not aiiect the 
Art.iKXVI. rights which any person of foi'eign birth possessed at the time of the 

adoption thereof; and, provided, further, that it shall not affect the rights 
,of any child of a citizen of the United States, born during the temporary 

absence of the parent therefrom.] 



Vacancies in the Art. XXIV. Adv vacancv lu tlic scuatc sliall be filled by ■ 
election by the people of the unrepresented district, upon the 
order of a majority of senators elected. 

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

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



CONSTITUTION. 43 



THE FRMIING AND POPULAR ADOPTION OF THE 
CONSTITUTION. 

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

ARTICLES OF AMENDMENT. 

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

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

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

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

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

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

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



44 CONSTITUTION. 

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

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

The twenty-sixth Article was adopted by the legislatures of the political 
years 1862 and 1863, and ratified by the people on the sixth day of April, 
1863. 



INDEX TO THE CONSTITUTION. 



A. 

Page. 

Adjutant-General, how appointed, 20 

Adjutants of Regiments, how appointed, ...... 20 

Affirmations. See Oaths and Affirmations. 

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

Amendments to the Constitution, how made 33 

Apportionment of Councillors, 37, 38 

«' of Representatives, 15, 35, 36, 37, 40 

" of Senators, . . 11,12,36,41 

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

Arms, Right of People to keep and bear, 7 

Articles of Amendment, 31 

Attorney-General, how appointed 19 

" how elected, . . 38, 39 

*' Qualifications of, 39 

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

Attorneys, District, how chosen, 39 

Auditor, how chosen, 38, 39 

'' Qualifications of, 39 

" Vacancy in Office of, how filled 38 



B. 

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

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

five days, 10 

" •' to be void when not returned, if Legislature ad- 
journs within five days, ..... 31 
" «' when vetoed, may be passed by two-thirds of each 

House, • 10 

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

Body Politic, how formed, and nature of, 3 

Bribery or Corruption in ob-aining an Election, to disqualify for Office, 29 



INDEX TO THE CONSTITUTION. 



Census of Inhabitants, when and how taken, 

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

" " to make Quarterly Returns, 

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

•' " may be recalled, and others commissioned, 

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

•' to be enrolled, deposited in Secretary's office, and 

printed. with the laws, 

Coroners, how appointed, 

Corruption. See Bribery. 

Council, and the manner of settling Elections by the Legislature, 
" may exercise powers of Executive, when, &c., 
" Members of, number, and how chosen, . 
" Members of, to be sworn in presence of both Houses, 

" Powers and Quorum of, 

«' Rank and Qualifications of Members of, 

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

" Resolutions and Advice of, to be recorded, . 

" Vacancies in, how filled, 

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

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



22, 



Page. 

36,40 

40, 41 

35 

31 

11 

26 
32 
20 
39 
24 
29 
24 
24 
33 
33 
30 

30 
19 

22 
23 

23,37 
28 

22, 23 

22, 38 
23 
23. 

38, 42 

33 

8, 21 

10 

39 

10 
6,7 



D. 

Debate, Freedom of, in Legislature, affirmed, 8 

Declaration of Rights, 4 

Delegates to Congress, how chosen, 24 

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

District- Attorneys, how chosen, 39 

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



INDEX, TO THE CONSTITUTION. 47 

Page. 

Districts, Representative, how formed, ...... 40 

" " Towns may unite in, 35, 36 

" Senatorial, how established and arranged, ... 12, 36, 41 

Divorce and Alimony, causes of, how determined, ..... 24 

Duties of Civil and Military Officers, to be prescribed by Legislature, 11 

E. 

Elections, by Legislature, Order and adjournment of, ... 23 

'* by the People, Plurality of votes to prevail in, . . . 37 

" Freedom of, affirmed, 6 

Election Eeturns, by whom examined, &c., 13, 38 

Enacting Style, established, ......... 30 

Encouragement of Literature, ........ 56 

Enrolment. See Constitution. 

Equality and Natural Rights, recognized, ...... 4 

Estates, Valuation of, when taken, 11 

Executive Power, 17 

" not to exercise Legislative or Judicial Powers, . . .' ■ 9 

Ex Post Facto Laws, injustice of, declared, 8 

. ■ F. 

Eelony and Treason, conviction of, by Legislature, forbidden, . . 8 

Fines, Excessive, prohibited, ....'.... 8 

Freedom of Debate, in Legislature,»affirmed, 8 

G. 

General Court, frequent sessions of, enjoined, 8 

" " how formed, 9 

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

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

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

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

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

" " may charter Cities 31 

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

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

Government, Frame of, 9 

" Executive, Legislative and Judicial Departments of, 

limits defined, 9 

" Objects of, 3 

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

Governor, qualifications of, ....... . 17, 27, 32 

•' . Salary of, ' . 21 

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

" Official Title of, ' . 17 



48 



INDEX TO THE CONSTITUTION. 



Governor to be sworn in presence of both Houses, 

'* the holding of other Offices by, prohibited, . 

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

♦' may call Councillors together at his discretion, . 

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

'* shall sign such Bills and Resolves as he approves, 

'♦ shall return such Bills and Resolves as he does not approve 

" and Council may prorogue the Legislature, . 

" " shall examine Election Returns, 



Page. 


. 27, 


28 


. 28, 


33 




18 




17 




19 




9 


, 9, 


10 




18 


. 13, 


38 



H. 

Habeas' Corpus, benefit of, secured 29 

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

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

" " who shall be Overseers of, 26 

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

House of Representatives, 15 

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

34, 35, 36, 37, 40, 41, 42 
" " qualifications of Members of, . . 15,37,41 

" " qualifications of Voters for Members of 15, 31, 39 

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

own Members, 16 

«' " to choose its own officers, establish its own 

Rules, &c., , 16 

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

" " may try and determine all cases involving 

its Rights and Privileges, ... 16 

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

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

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

" " Quorum of, 16, 41 

•• " Members of, exempt from arrest on Mean 

Process, 16 

«' •' Towns may be fined for neglecting to return 

Members to, 15 

" " Travelling Expenses of Members of, how 

paid, 15 

" " Oaths or Affirmations of Members of, how 

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

I. 

Impeachment, Limitation of Sentence for, 14 

Impeachments, how made and tried, •. 14, 16 

Incompatible Offices, enumeration of, 28, 33 

•' Inhabitant," word defined, 12 



INDEX TO THE CONSTITUTION. 



49 



Inhabitants, Census of, when taken 36, 41 

Insolvency, Commissioners of, how chosen, ..... 39 
Instruction of Representatives and Petition to Legislature, Rights of, 

affirmed, ........... 7 

J. 

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

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

•' Officers, how appointed, 19 

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

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

Judiciary Power, ........... 24 

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

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

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

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

Jury, Right of Trial by, secured, 7 

Justices of the Peace, Tenure of Office of, 24 

" «« Commissions of, may be renewed, ... 24 
" Supreme Judicial Court, Tenure of Office, and Salaries of, 8, 21, 24 
" '< " " what other Offices may not be held, 28, 33 
*' " •« " Opinions of, may be required by 

Executive or either branch of Legislature 24 



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

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

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

ment, 35, 

Legislative Department, not to exercise Executive or Judicial Powers 

'< Power, 

Legislature. See General Court. 

Lieutenant-Governor, 

" " when and how chosen, . . . 21,81, 

" " official title of, 

•' " qualifications of, 

7 



10 



29 



36, 40, 41 
9 
9 



21 

33, 34, 37 

21 

21 



50 INDEX TO THE CONSTITUTION. 

Page. 

Lieutenant-Governor, powers and duties of, 22 

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

Literature, Encouragement of, 26 

M. 

Magistrates and officers, accountability of, 5 

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

not to be subject to, 8 

Meetings, Plantation, provisions respecting, 13 

" Town, Selectmen to preside at, 12 

Military Power, to be subordinate to Civil, 7 

Militia Offices, vacancies in, how filled, 20 

" Officers, how elected and commissioned 20, 32 

" " how removed, 20, 32 

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

confirmed, 20 

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

Money, how drawn from the Treasury, 20 

•' value of, how computed, 29 

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

Eeligious sects, 39 

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

N. 

Notaries Public, how chosen, 23 

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

0. 

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

" '< Official, Forms of, 27, 32 

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

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

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

*' Equal Right of all to, affirmed, 6 

" no person eligible to, who cannot read and write, ... 39 

Offices, certain, incompatibility of, 28, 33 

Officers, Civil, Legislature may provide for the naming and settling of, 10 
" Civil and Military, duties of to be prescribed by Legislature, 11 
" '* " holding under Government of Massachu- 
setts Bay, continued in office, 30 

Officers and Magistrates, accountability of, 5 

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

" " how removed, 20, 32 



INDEX TO THE CONSTITUTION. 



51 



Page. 

Offices, Militia, vacancies in, how filled, 20 

•' Incompatible, • • • 28, 33 

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



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

People, Eight of, to keep and bear Arms, 

Person and Property, Remedy for Injuries to, should be in the laws. 
Petition and Instruction, Right of, affirmed, .... 

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

Councillors and Senators, 
Plurality of Votes, election of Civil Officers by. 
Political Year, when to begin and end. 
Polls, Ratable, Census of, when taken, 
Power, Executive, .... 

" Judiciary, .... 

" Legislative, .... 
Press, Liberty of, essential to Freedom, 
Probate, Judges of, shall hold Courts on fixed days, &c., . 

" " Appeals from, how heard and determined, 

" " what other Offices may not be held by, 

" Registers of, how appointed, 

" " Election of, to be prescribed. 

Property, Private, not to be taken for Public Uses.without Compett 

sation, 

Property Qualification for Office, may be increased by Legislature, 

" " " partially abolished, . . . 

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

" Officers, Right of People with reference to, 

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

*• Worship, the Right and Duty of, . 

«' " Legislature may require provision for, 

Punishments, Cruel and Unusual, prohibited. 



19 

7 
6 

7 

13 

37 

33 

35 

17, 18 

24 

9 

7 

24 

24 

33 

19 

39 

6 
29 
37 

6 

20 
5 
5 
4 
4 



Q. 



Quakers, 


Affirmation of, as Public Officers, 


. 28, 32 


Qualifications 


of Governor, 


. 17,39 


(( 




of Lieutenant-Governor, 


. 21,39 


(( 




of Councillors, 


37, 38, 39 


(( 




of Senators, 


. 14, 37, 39, 41 


« 




of Representatives, .... 


15, 39, 41 



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



38 



52 



INDEX TO THE CONSTITUTION. 



Qualifications of Voters, 

" Moral, of Officers and Magistrates 

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

Quorum of Council, 

" of House 

" of Senate, 



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



R. 

Eatable Polls, Census of, when taken, 

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

" " Towns having less than 150, how represented, 

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

Office, 

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

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

Representation, in Council, basis of, 

in House 15, 35, 36, 37, 

<' in Senate, ■ . . . 11, 

Representatives. See House of Representatives. 

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

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

Revision of Constitution. See Constitution. 

Rights, Natural, Declaration of, &c., 





35 




35 




15 




39 




23 


5, 


34 


5, 


35 




35 




37 


40, 


41 


36 


41 




20 


13 


17 



s. 

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

Salary, of Governor, 

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

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

" " " qualifications of, 

« «' '« Duties of, 

" " " may appoint Deputies, &c 

«' " " vacancy in Office of, how 

Selectmen, Duties of, in calling and conducting Elections, 
Self-government, Right of, asserted, .... 
Senate, .......... 



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



filled 



11, 12, 31, 
14, 37, 39, 



8,21 
21 
39 
89 
7 
23 

23,38 
39 

23, 39 
23 

32, 39 

12 

5 

11 

36,41 

41,42 



INDEX TO THE CONSTITUTION. 



53 




Senate, Members shall be sworn preliminary to trial of Impeachment, 
*' " exempt from arrest on Mean Process, 

" Quorum of, 

" vacancies in, how filled, ..... 
" to be final judge of elections of its own Members, 
" not to adjourn more than two days, 
" shall choose its own officers, and establish its own 

" shall try Impeachments, 

" may punish persons not Members, for disrespect, &c., . 
'* may determine all cases involving its Rights and Privileges, 

Senators, apportionment of, 

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

Sheriffs, how appointed, . 

«' how elected, 

Soldier, not to be quartered in any house without consent of owner, 
Solicitor-General, how appointed, ...... 

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

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



11, 



Page. 

14 

16 

14, 42 

14, 42 • 

13 

14* 

14 

14 

16 

16 

36, 41 

28 

5 

19 

39 
8 

19 

7 

4 

8, 21 



T. ' 

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

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

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

Tests, Religious, abolished, 

Title, of Governor, 

" of Lieutenant-Governor, 

Town Meetings, Selectmen to preside at, .... 

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

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

Treason and Felony, Legislature not to convict of, 

Treasurer and Receiver-General, how chosen, 
" " qualification of, 

*' " eligibility limited to five years, 

" " vacancy in Office of, how filled. 

Trial, by Jury, Right of, secured, 



6,8 
11 

13, 31 
32 
17 
21 
12 
35 
15 

35,36 

15 

8 

23,38 
39 
23 

32, 38 
6,7 



u. 



University at Cambridge, &c.. 



25 



54 INDEX TO THE CONSTITUTION. 

V. 

Page. 

Vacancies in Council, how filled, 38, 42 

'<■ in Militia Offices, how filled, 20 

*« in Offices of Secretary, Treasurer, Auditor and Attorney- 
General, how filled 32, 38 

'* in Senate, how filled, 14: 

Valuation of Estates, when taken, 11 

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

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

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

" qualifications of, 12, 15, 31, 39, 42 

Votes, all Civil Officers to he elected hy a plurality of, . . . 37 

" Keturns of, by whom made, examined, &c., . . .12, 13, 17, 38 

w. 

"Worship, Public, the Eight and Duty of all Men, .... 4 

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

Y. 

Year, Political, when to begin and end, 33 



mxnl Statutes anltr ^pedal %tii 



MASSACHUSETTS. 



18 68 



1^ The General Court of 1868 assembled on Wednesday, the first 
day of January. 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 third day of January, in 
presence of the two Houses assembled in convention. 



ACTS, 

GENERAL AND SPECIAL. 



An Act making appropriations for the maintenance of the Qh/ir) 1 

GOVERNMENT DURING THE PRESENT YEAR. ^' 

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

Section 1. The sums hereinafter mentioned are appro- Appropriations 

, , ., j^ii r.i/-( authorized.' 

priated, to be paid out ot the treasury oi 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-eight, to wit : 

LEGISLATIVE DEPARTMENT. 

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

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

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

For the compensation of representatives, a sum not ex- compensation, 
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 cierks, senate 
representatives, including the compensation of such assistants ^"^ 
as they may appoint, five thousand dollars. 

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

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

For the salary of the sergeant-at-arms, two thousand five sergeant-at-arms 
hundred dollars. i867,305. 



1868.— Chapter 1. 



Door-keepers, 
messengers and 
pages. 



Watchmen and 
firemen. 

1867, 167. 



Witnesses' fees. 



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 
five thousand five hundred dollars. 

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



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



Governor's sec- 
retary. 
1866, 298. 

Messenger. 
1867, 167. 

Assistant-mes- 
senger. 
1867, 167. 
Contingent ex- 
penses and extra 
clerics. 



Agency for col- 
lection of sol- 
diers' bounties, 
&c. 



EXECUTIVE DEPARTMENT. 

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

For the compensation of the private secretary of the gov- 
ernor, two thousand dollars. 

For the compensation of the messenger of the governor 
and council, one thousand dollars. 

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

For the contingent expenses of the executive department, 
to include such extra clerical assistance and other expenses 
as the governor may deem necessary, a sum not exceeding 
ten thousand dollars, which shall be allowed and paid. 

For any expenses which may be incurred under authority 
of the governor and approved by him, in the maintenance of 
such agency out of the Commonwealth as he may find need- 
ful, for the adjustment and collection of bounties and 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. 



Secretary of the 
Commonwealth. 

1866, 298. 

First clerk. 
1866, 298. 

Second clerk. 
1866, 298. 

Messenger. 
1866, 298. 

Additional clerks 
G. S 14. § 4. 
1867, 167. 



SECRETARY S DEPARTMENT. 

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

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

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

For the salary of the messenger in the secretary's depart- 
ment, one thousand dollars. 

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



1868.— Chapter 1. 



TREASURER S DEPARTMENT. 

For the salary of the treasurer and receiver-general, three rJcltvergenMal. 
thousand five hundred dollars. i866,2y8. 

For the salary of the first clerk in the treasurer's depart- [gg-'igf'^- 
ment, two thousand two hundred dollars. ■ ' " 

For the salaries of the first assistant-clerk and cashier in Assistant-cierk 
the treasurer's department, three thousand four hundred 1866, m 
dollars. 

For such additional clerical assistance as the treasurer ^(Witionai clerks 
may find necessary, a sum not exceeding two thousand six ' '' 
hundred dollars. 

TAX commissioner's BUREAU. 

For the salary of the deputy tax commissioner, two thou- ^?P'?*y *^^ <=°°»- 

,,,,'' IT J > missioner. 

sand dollars. isee, 293. 

For the salary of the first clerk of the tax commissioner, J^^^ ^'|*- 
one thousand seven hundred dollars. 

For the salary of the second clerk of the tax commissioner, fge^"!-'®"^^- 
one thousand five hundred dollars. 

For such additional clerical assistance as the tax com- ^J^^'"""^! <=i«'^'^ 
missioner may find necessary, a sum not exceeding eight 
thousand six hundred and twenty dollars. 

auditor's DEPARTMENT. 

For the salary of the auditor of accounts, two thousand ^JJ^J^g""^ "'^ '"'' 
five hundred dollars. isee, 298; ise;, 

For the salary of the first clerk in the auditor's depart- lirstcierk. 
ment, two thousand two hundred dollars. 1866,298. 

For the salary of the second clerk in the auditor's depart- f866°298"^' 
ment, one thousand seven hundred dollars. 

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

attorney-general's DEPARTMENT. 

For the salary of the attorney-general, three thousand five fgee^gs^^""*' 
hundred dollars. 

For the salary of the clerk of the attorney-general, one Q^g"^!^ .^^ 
thousand dollars. ' ' ' 

commissioners, et al. 

For the salary of tlie commissioner of saving banks, three ^a^vT^'s^b^nks **^ 
thousand dollars. isee, 192. 

For the salary of the insurance commissioner, two thou- n°ig"io*Q°eT *'*""" 
sand dollars. isee, 255.' 



6 1868.— Chapter 1. 

c'erk. For the salary of the clerk of the insurance commissioner, 

one thousand five hundred dollars. 

Additional clerks The fccs reccived as compensation for the valuation of life 
policies are hereby appropriated to be applied in accordance 
with the provisions of chapter two hundred and sixty-seven 
of the acts of the year eighteen hundred and sixty-seven, for 
the compensation of actuarial and clerical service employed 
in making such valuation. 

Constable of the YoT the salarv of the constable of the Commonwealth, two 

Commonwealth, i t i t -^ ,., i ii 

1365,282. hundred and fifty dollars. 

Clerk of commis- For sucli clcrical assistance as the commissioners on public 

sioners of public ,t n i ; t xij 

lands. lands may find necessary, a sum not excecdmg one thousand 

two hundred dollars, payable from the moiety of the proceeds 
of sales applicable to improvements. 

Inspector of gas- . For tlic salarv of the inspector of gasmeters, three thou- 

meters. i i n 

sand dollars. 

AGRICULTURAL DEPARTMENT. 

Secretary board For thc Salary of the secretary of the board of agriculture, 

floriculture cj ^ 

1867, 167. ' two thousand five hundred dollars. 

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

of agriculture, two thousand dollars. 



BOARD OF STATE CHARITIES. 

State charities. For the Salary of the secretary of the board of state 

isesfm charities, two thousand dollars. 

Clerks. For sucli clcrical assistance as the secretary of the board 

of state charities may find necessary, a sum not exceeding 

four thousand dollars. 
i866°*298 ^^^^ *^^® salary of the agent of the board of state charities, 

two thousand dollars. 
Clerks. For sucli clerical and other assistance as the agent of the 

board of state charities may find necessary, a sum not 

exceeding four thousand dollars. 
Transportation For tlic transportation of state paupers, to be expended 
ofstate paupers, i^y the agcut of thc board of state charities, a sum not 

exceeding seven thousand dollars : provided, the same shall 

be expended only in thc transportation of state paupers from 
ported'to^au^di^or ^^^® scvcral hospitals and almshouses ; and a detailed report 
monthly. of sucli expcnditurcs shall be rendered to the auditor of 

accounts on the first day of every month ; also, for the 
Removal of cer- rcmoval of pcrsous bccoming a public charge, not authorized 
tain paupers. ^0 bc rciiioved by existing laws, a sum not exceeding one 

thousand dollars, which shall be allowed and paid. 



1868.— Chapter 1. ' .7 

EDUCATIONAL DEPARTMENT. 

For the salary and expenses of the secretary of the board f°^^ °^ ^duca- 
of education, three thousand four hundred dollars, to be secretary. 
paid from the income of the Massachusetts school fund. 

For the salary and expenses of such agent or agents as Agents. 
the board of education may appoint, a sum not exceeding 
three thousand dollars, to be paid from the income of the 
Massachusetts school fund. 

For the salary of the assistant-librarian and clerk of the cierk and assist- 
board of education, two thousand dollars. i866,'298"*°' 

For such additional clerical assistance in the state library Additional clerks 
as may be found necessary, a sum not exceeding thirteen 
hundred dollars. 

MILITARY DEPARTMENTS. 

For the salary of the adjutant-general, two thousand five Adjutant-gen- 
hundred dollars. isee, 298. 

For the salary of the first clerkof the adjutant-general, F't'i *'n„''^- 
two thousand dollars. 

For such additional clerical assistance as the adjutant- Additional cierks 
general may find necessary, a sum not exceeding five thou- 
sand dollars. 

For the salary of the surgeon-general, a sum not exceeding fgj|®298^|99''*'' 
two thousand five hundred dollars. 

For such clerical assistance as the surgeon-general may cierks. 
find necessary, a sum not exceeding four thousand six 
hundred dcdlars. 

For the compensation of a messenger in the surgeon- Messenger. 
general's bureau, a sum not exceeding one thousand dollars- 

For the completion of the records of the paymaster's Paymaster of 

1 1 J.1 T i- i? J.1 J. State bounties. 

bureau, under the direction oi tlie governor, a sum not 
exceeding two thousand dollars, which shall be allowed and 
paid. 

For the salary of the assistant-quartermaster-general and fermas°er-gen-' 
master of ordnance, a sum not exceeding one thousand eight «rai- 
hundred dollars ; and for the salary of his clerk, a sum not cierk. 
exceeding one thousand five hundred dollars. 

For the compensation of employes at the state arsenal in Employes at 
Cambridge, a sum not exceeeding three thousand dollars. arsenal. 

MISCELLANEOUS. 

Under the resolve, chaijter eighty-four of the resolves of improvements 

,, ., 11T1-J 1 • *'^<l repairs of 

the year eighteen hundred and sixty-seven, relating to state house. 
improvements and repairs at the state house, a sum not 
exceeding one hundred and fifty thousand dollars. 

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

Approved January 31, 1868. 



1868.— Chapters 2, 3, 4, 5. 



Chap^ 2. 



May mortgage 
property. 



When to take 
effect. 



An Act in relation to the lynn and boston railroad 

COMPANY. 

Be it enacted, §'<?., as folloics : 

Section. 1. The Lynn and Boston Railroad Company is 
hereby authorized to mortgage its real and personal property, 
with power of sale, to secure payment of loans to the com- 
pany, not exceeding at any time fifty thousand dollars in 
amount. 

Section. 2. This act shall take effect when the same 
shall have been accepted by a vote of two-thirds in number 
and interest of the stockholders, at a legal meeting called 
for that purpose. Approved February 6, 1868. 



Chap. 3. 



An Act supplementary to an act incorporating the trustees 

OF the theological seminary of the METHODIST EPISCOPAL 
CHURCH. 

Be it enacted, §'c., asfolloios: 

Name changed to SECTION 1. The name of the corporation constituted by 

logical °°semina- au act of tlic general court, in the year one thousand eight 

'y-" hundred and sixty-five, under the title of " Trustees of the 

Theological Seminary of the Methodist Episcopal Church," 

is hereby changed to " Boston Theological Seminary." 

Section 2. The aforesaid corporation is hereby author- 
ized and empowered to confer degrees in theology upon such 
graduates of the seminary and other clergymen as may be 
recommended by the faculty of the institution as suitable 
candidates for such degrees. 

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

Approved February 6, 1868. 



Corporation may 
confer degrees. 



Chap. 4. 



Salaries to be 
paid monthly. 



Cha'p. 5. 



Corporators. 



Name and pur- 
pose. 



An Act fixing the time for paying the salaries of district- 
attorneys AND ASSISTANT DISTRICT-ATTORNEYS. 
Be it enacted, ^'c, as follows : 

Section 1. The salaries of the district-attorneys and 
assistant district-attorneys shall be payable monthly on the 
first day of each month, beginning with the current year. 

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

Approved February 7, 1868. 

An Act to incorporate the salem lead company. 
Be it enacted, §'c., as follows : 

Section 1. John Bertram, John H. Silsbee, William D. 
Pickman, Francis Brown, James B. Curwen, John C. 
Osgood, their associates and successors, are hereby made a 
corporation by the name of the Salem Lead Company, for 
the purpose of manufacturing lead, zinc and tin, in their 
various forms, paints, and other articles used in the manu- 



1868.— Chapters 6, 7. 9 

facture thereof, at Salem, in the county of Essex; with all ^"^^^^f^"** 
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. The capital stock of said corporation shall capiui. 
not exceed three hundred thousand dollars, divided into 
shares of one hundred dollars each ; and said corporation Shares. 
may hold real estate, necessary and convenient for its 
purposes, to the amount of one hundred and twenty-five 
thousand dollars : provided, however, that said corporation condition. 
shall not go into operation or incur any liability until the 
sum of one hundred and fifty thousand dollars has been 
paid in, in cash. 

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

Approved February 7, 1868. 

An Act to incorporate the brookline Hibernian association. Qfiap. 6. 

Be it enacted, Sfc, as follows : 

Section 1. Philip Duffy, Michael C. Hennessey, William corporators. 
I. Curry, Michael Driscoll, James Cusick, Nicholas Fitz- 
gerald, their associates and successors, are hereby made a 
corporation by the name of the Brookline Hibernian Associa- '^^^^ '*°"* p"'* 
tion, for the purpose of affording assistance to the members 
of said society and their families in cases of sickness and 
death, and of raising and holding a fund for said purpose. 

Section 2. The said corporation may hold real and per- austate. ^*'^°''" 
sonal estate to an amount not exceeding twenty-five thou- 
sand dollars, and shall have all the powers and privileges, Powers and 
and be subject to all the duties, liabilities and restrictions set '^"'"'^' 
forth in the sixty-eighth chapter of the General Statutes. 

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

Approved February 7, 1868. 



Chap. 7. 



An Act in addition to an act making appropriations for 
the maintenance of the government during the present 
year. 
Be it enacted, Sfc, as follows: 

Section 1. The sums hereinafter mentioned are appro- aXori^d*'""* 
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-eight, 
to wit : 



10 



1868.— Chapter 7. 



S. J. court, clerk. 
G. S. 121. 



Assistant-clerk. 



Reporter. 



Expenses. 



SUPREME JUDICIAL COURT. 

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

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

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

For expenses of said court, a sum not exceeding one 
thousand five hundred dollars. 



Superior court: 
Judges' salaries. 



SUPERIOR COURT. 



For the salary of the chief justice of the superior court, 
four thousand five hundred dollars. 

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



Courts of probate 
and insolvency : 
Suffolk. 
Middlesex. 



Plymouth. 

Berkshire. 

Hampden. 

Hampshire. 

Franklin. 

Barnstable. 

Nantucket. 



COURTS OF PROBATE AND INSOLVENCY, 

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

For the salary of the judge of probate and insolvency for 
the county of Middlesex, two thousand five hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Worcester, two thousand five hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Essex, two thousand five hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Norfolk, two thousand dollars. 

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

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

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

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

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

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

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

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



1868.— Chapter 7. 11 

For the salary of the judg3 of probate and insolvency for rukes county. 
the county of Dukes county, five hundred dollars. 

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

For the salary of the register of probate and insolvency for Middlesex. 
the county of Middlesex, two thousand dollars. 

For the salary of the register of probate and insolvency for Worcester. 
the county of Worcester, two thousand dollars. 

For the salary of the register of probate and insolvency for Essex, 
the county of Essex, two thousand dollars. 

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

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

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

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

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

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

For the salary of the register of probate and insolvency for Frankiin. 
the county of Franklin, nine hundred dollars. 

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

For the salary of the register of probate and insolvency for Nantucket. 
the county of Nantucket, six hundred dollars. 

For the salary of the register of probate and insolvency for Dukes county, 
the county of Dukes county, six hundred dollars. 

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

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

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

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

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

For certain expenses of courts of insolvency authorized by Expenses of 
the General Statutes, a sum not exceeding two thousand """"^ ^' 
dollars. 



12 



1868.— Chapter 7. 



District-attor- 
neys: 
Suffolk. 

Assistant-attor- 
ney. 
Suffolk. 

Eastern district. 
Northern district 
Soutliern district 
Middle district. 



South-eastern 
district. 



Western district. 



North-western 
district. 



DISTRICT-ATTORNEYS. 

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

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

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

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

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

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

For the salary of the attorney for the south-eastern 
district, one tiiousand five hundred dollars. 

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

For the salary of the attorney for the north-western 
district, one thousand dollars. 



Police courts : 

Justices. 

Adams. 

Cambridge. 

Charlestown. 

Chelsea. 

Chicopee. 

Fall Kiver. 

Gloucester. 

Haverhill. 

Lawrence. 

Lee. 

Lynn. 

Lowell. 



POLICE COURTS. 

For the salary of the justice of the police court in Adams, 
eight hundred dollars. 

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

For the salary of the justice of the police court in Charles- 
town, one thousand two hundred dollars. 

For the salary of the justice of the police court in Chelsea, 
one thousand three hundred dollars. 

For the salary of the justice of the police court in Chicopee, 
nine hundred dollars. 

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

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

For the salary of the justice of the police court in Haver- 
hill, one thousand two 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 Lynn, 
one thousand dollars. 

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



1868.— Chapter 7. 13 

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

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

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

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

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

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

For the salary of the justice of the police court in wmiamstown. 
Williamstown, three hundred dollars. 

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

For the salaries of the clerks of police courts, exclusive of Police courts: 
clerks elected under chapter one hundred and sixteen of the 
General Statutes, to wit : 

For the salary of the clerk of the police court in Cam- Cambridge, 
bridge, eight hundred dollars. 

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

For the salary of the clerk of the police court in Fall FaHR'^er. 
River, six hundred dollars. 

For the salary of the clerk of the police court in Haver- Haverhm. 
hill, six hundred dollars. 

For the salary of the clerk of the police court in Lawrence, i-awrence. 
eight hundred dollars. 

For the salary of the clerk of the police court in Lowell, Loweii. 
one thousand dollars. 

For the salary of the. clerk of the police court in Lynn, six ^y^^- 
hundred dollars. 

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

For the salary of the clerk of the police court in Newbury- Newburyport. 
port, five hundred dollars. 

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

For the salary of the clerk of the police court in Worces- Worcester, 
ter, nine hundred dollars. 

MUNICIPAL COURTS. 

For the salaries of the justices of the municipal court in B^gton'r' *'°"'^'^ 
Boston, nine thousand dollars. 



U 1868.— Chapter 8. 

» For the salary of the clerk of the municipal court in 

Boston, for criminal business, two thousand five hundred 
dollars. 
Taunton. For thc Salary of the justice of the municipal court in 

Taunton, one thousand dollars. 

For the salary of the clerk of the municipal court in 
Taunton, six hundred dollars. 
Boston, southern For tlic Salary of the justice of the municipal court for the 
southern district of Boston, one thousand five hundred 
dollars. 

For the salary of the clerk of the municipal court for the 
southern district of Boston, five hundred dollars. 

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

Approved February 17, 1868. 

ChaT). 8. -^^ ^^'^ MAKING APPROPRIATIQNS FROM THE FUNDS AND THE 
"' ' INCOME OF THE FUNDS HEREIN MENTIONED, AND FOR OTHER 

PURPOSES. 

Be it enacted SjX., as folloios : 

Appropriations SECTION 1. Thc sums hereinafter mentioned are appro- 
priated, to be paid out of the funds and the income of the 
funds specified, to wit : 

Rogers book fund Tlic income of the Rogers book fund shall be expended 

income. ^^^ accordancc with the conditions named by the donor, in 

. conformity with chapter two hundred and fifteen of the acts 
of the year eighteen hundred and fifty-seven. 

Todd normal Tlic iucomc of thc Todd normal school fund shall be paid 

come. to the treasurer of the board of education, to be applied in 

such manner as shall be prescribed by said board, in accor- 
dance with chapter thirty-six of the General Statutes. 

Indian school The iucomc of the Indian school fund shall be applied in 

income. accordaiice with provisions of chapter thirty-six of the 
General Statutes. 

Agricultural col- xiic iucomc of tlic agricultural college fund shall be paid 

lege income fund. . -, -ii •• ^.i iii 

in accordance with the provisions oi chapter one hundred 
and eighty-six and chapter two hundred and twenty of the 
acts of the year eighteen hundred and sixty-three. 
Charles River and SECTION 2. The suius mentioned in this section are 
fund^'^'' ^^^^^ appropriated to be paid out of the Charles River and Warren 
bridge fund, for the year eighteen hundred and sixty-eight, 
to wit : 

On account of the Charles River bridge — 
Charles river Yov rcpairs Oil Said bridge, and buildings belonging thereto, 

bndge, repairs. 1 t p '^.i n i n^ o G ) 

a sum not exceeding lour thousand dollars. 
Horse-keeping. Yov horsc-keepiiig, a sum not exceeding two hundred 
dollars. 



1868.— Chapter 9. 15 

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

For incidental and contingent expenses-, a sum not exceed- incidental ex- 
ing three hundred and fifty dollars. i?eases. 

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

On account of Warren bridge — warren bridge. 

For repairs on said bridge and buildings belonging there- 
to, a sum not exceeding four thousand five hundred dollars. 

For horse-keeping, a sum not exceeding two hundred and Horse-keeping, 
fifty dollars. 

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

For incidental and contingent expenses, a sum not exceed- incidental ex- 
ing five 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 Essex bridge toiis 
appropriated to be paid out of the mon6ys arising from 
the tolls collected on the Essex bridge, for the year eighteen 
hundred and sixty-eight, to wit : 

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

For the compensation of the toll-gatherers and draw- Toii-gatherers 

,1 •ii'i j_T •111 and draw-tend- 

tenders upon said bridge, a sum not exceeding six hundred era. 
dollars. 

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

For hoisting apparatus and repairs on draw, a sum not Hoisting appara- 
exceeding seven hundred dollars. 

For gas, oil and fluid, a sum not exceeding three hun- Lights and fuel. 
dred and fifty dollars. 

For incidental and contingent expenses, a sum not exceed- incidental ex- 

,1-,1-n . penses. 

mg thirty dollars. 

And all moneys arising from tolls on said bridge shall be toiis to be paid 

. T .,,,., , Into state treas- 

paid into the state treasury. ury. 

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

Approved February 17, 1868. 
An Act to revive and continue in force an act incorporating Q/ku^ 9 

THE equitable MARINE INSURANCE COMPANY IN PROVINCETOWN, "' 

AND OTHER ACTS RELATING THERETO. 

Be it enacted §'c., as follows : 

Section 1. The act of the year one thousand eight hun- charter revived 
dred and forty-five, entitled an " Act to incorporate the wUhouT'iimua- 
Equitable Marine Insurance Company," together with the act "°iof "J"®- 



16 



1868.— Chapter 10. 



Acts and con- 
tracts ratified 
and made legal. 



of the year one thousand eight hundred and fifty-five, enti- 
tled an " Act to incorporate the Equitable Marine Insurance 
Company in Provincetown," and all other acts in addition 
thereto or in amendment thereof, are hereby revived and 
made valid, and shall remain and continue in force, from and 
after the ninth day of February, eighteen hundred and 
sixty-five ; and all acts and contracts heretofore performed 
or executed by or with said company, or in the name thereof, 
by or with those acting or undertaking to act as the directors 
or agents of said company, are hereby ratified and made 
legal, and said company shall continue to have and enjoy all 
the powers and privileges, and be subject to all the duties, 
liabilities and restrictions set forth in the general laws which 
are or may be in force relating to such corporations, in like 
manner and to the same effect, as if said act incorporating 
said company had contained no limitation of time. 

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

Approved February 17, 1868. 



Chap. 



Corporators. 



Purpose. 



Powers and 
duties. 



Capital stock and 
shares. 



May increase 
capital stock. 



When may com- 
mence business. 



1 A An Act to incorporate the Massachusetts live stock insur- 
ance COMPANY IN the CITY OF BOSTON. 
Be it enacted, ^c, as follows : 

Section 1. James H. Collins, George W. Messinger, 
John A. Nowell and Lyman S. Hapgood, their associates 
and successors, are hereby made a corporation by the name 
of the Massachusetts Live Stock Lisurance Company, in the 
city of Boston, for the purpose of making insurance against 
losses by death, hazard of transportation, theft or otherwise, 
of all kinds of live stock ; 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 
one 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 five hundred thousand dol- 
lars : provided, that any increase of capital is paid in within 
five years from the passage of this act. 

Section 3. Said corporation may commence business 
when one hundred thousand dollars shall have been subscribed 
and paid in cash. 

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

Approved February 17, 1868. 



1868.— Chapters 11, 12, 13. 17 

Ax Act to incorporate the builders' mutual fire insurance nr,r,in. 1 l 

COMPANY. i^nap. il. 

Be it enacted, ^-c, as folloios : 

Henry L. Fearing, Charles E. Miles, J. C. Hoadley, S. A. corporators. 
Denio, George T. McLauthlin, their associates and successors, 
are hereby made a corporation by the name of the Builders' 
Mutual Fire Insurance Company, in the city of Boston, for 
the purpose^ of making insurance against losses or damage Purpose, 
by fire or lightning, on the mutual principle; with all the Powers and 
powers and privileges, and subject to all the duties, liabilities '^""''' 
and restrictions set forth in all general laws which are or 
may be in force relating to such corporations. 

Approved February 17, 1868. 

An Act giving .jurisdiction to police courts and trial justices rii -i n 
IN certain cases. iyfiap. iZ, 

Be it enacted, ^t., as follows: 

Section 1. Police courts and trial justices may, in their Pouce courts and 
discretion, exercise jurisdiction over offences described in takeSsdS 
the twenty-seventh section of the fiftieth chapter of the "cTbJf'in*' q "^I" 
General Statutes, and in such cases may impose a fine not 5o"§ 27.'° 
exceeding fifty dollars. 

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

Approved February 17, 1868. 

An Act in addition to an act to supply the city of cam- Chnn 1 ^ 
bridge with pure water. ' ^nup. 10. 

Be it enacted, ^-c, as follows: 

Section 1. For the purpose of extending and enlarging Cambridge may 
tlie Cambridge water works, the city council of the city of bo'ndVto L7end 
Cambridge, shall have authority to issue scrip or bonds in ™*«^°>^'^«- 
addition to the scrip or bonds, the issue of which was 
authorized by chapter one hundred and fifty-three of the 
acts of eighteen hundred and sixty-five, to an amount not 
exceeding five hundred thousand dollars, bearing interest, 
not exceeding six per centum per annum, payable semi- 
annually, and the principal to be payable at periods not Principal and 
more than fifty years from the issuing of said scrip or bonds ; Jo'braid^^'* 
and said city council shall have authority to sell said scrip ° ^ ^^' " 
or bonds, or any part thereof, from time to time, or pledge 
the same for money borrowed for the extension of said 
water works, on such terms and conditions as the said city 
council shall judge proper. 

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

Approved February 17, 1868. 
10 



18 



1868. — Chapters U, 15, 16. 



Chap. 



Corporators. 



Purpose. 



Powers and 
duties. 



Real and person 
al estate. 



la. An Act to incorporate the lowell young men's christian 
'•'*• association. 

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

Section 1. Ithamar W. Beard, George C. Osgood, 
Artemas B. Woodworth, Aldis L Waite, their associates 
and successors, are hereby made a corporation by the 
name of the Lowell Young Men's Christian Association, 
in the city of Lowell, for the purpose of providmg tor 
the physical, moral and spiritual welfare of young men ; 
with all the powers and privileges, and subject to all the lia- 
bilities, duties, and restrictions set forth in all general laws 
which now are or may hereafter be in force relating to such 

corporations. j. i ui 

Section 2. Said corporation shall have power to hold 

real and personal estate for the purposes aforesaid, not 

exceeding fifty thousand dollars in value. 

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

Approved February 17, 1868. 

rhnn 1 ^ An Act to incorporate the ladies' city mission society in 

yyliap. L'J. ^^^^ BEDFORD. 

Be it enacted ^c, as follows : 

Section 1. Eunice H. Bladder, Emily H. Bourne, Nancy 
V Ellis and Lucy W. Hastings, their associates and succes- 
sors are hereby made a corporation by the name of the 
Ladies' City Mission Society in New Bedford, for the purpose 
of supporting a city missionary in said city, and affording 
relio-ious instruction and charitable aid to the poor there ol ; 
with all the powers, and subject to all the duties and liabil- 
ities set forth in the sixty-eighth chapter of the General Stat- 
utes, or in any other general laws that are now or may 
hereafter be in force respecting similar corporations. 

Section 2. Said corporation may take and hold real and 
personal estate to an amount not exceeding twenty-five thou- 
sand dollars. 

Section 3. This act shall take eff"ect upon its pas^sage. 

Approved February 17, 1868. 
rn 1 a An~Act~to^ontinue in force an act to incorporate the 

Chap. 16. ^^,,^-^^;^;^/^^p FARMERS' MUTUAL FIRE INSURANCE COMPANY 
OF AVORCESTER, AND FOR OTHER PURPOSES. 

Be it enacted, §'c., as follows : • r +1 

Charter contin- Section 1. Chapter ouc hundred and eighty-six ot the 
^alonSe""- acts of the ycar one thousand eight hundred and ioi"ty-six, 
entitled " An Act to incorporate the Merchants and Ij aim- 
ers' Mutual Fire Insurance Company," shall be continued 
and remain in force from and after the sixth day of April, 
iu the year one thousand eight hundred and seventy-tour ; 



Corporators. 



Purpose. 



Powers and 
duties. 



Real and person 
al estate. 



1868.— Chapters IT, 18. 19 

and said company sliall continue to have and enjoy all the 
powers and privileges, and be subject to all the duties, 
liabilities and restrictions set forth in the general laws which 
are or may be in force relating to such corporations, in like 
manner and to the same effect as if said act incorporating 
said company had contained no limitation of time. 

Section 2. Said, corporation may, for the purposes afore- R-^ai and person- 
said, hold real estate to an amount not exceeding fifty '''''*^'^- 
thousand dollars. Approved February 17, 1868. 

An Act to authorize The boston and maine railroad 10 rii 1 ^ 

CHANGE THE LOCATION OF ITS ROAD IN NORTH ANDOVER AND ^'^^^P' f <• 

BRADFORD, AND TO INCREASE THE AMOUNT OF ITS CAPITAL 

STOCK. 

Be it enacted, ^r., as follows : 

Section 1. The Boston and Maine Railroad is hereby ^I'^y •o'^ate and 
authorized and empowered to locate, construct and maintain TAnaoveTand 
a railroad between a point on its present road as now con- ^""^'''"^■ 
structed, not less than five thousand feet northerly of the 
station in North Andover, and the southerly end of its 
bridge over the Merrimack River, between Bradford and 
Haverhill, or such portions of said line of railroad as it may 
find expedient, to furnish with portions of its present line a 
continuous railroad between said two points, and to discon- 
tinue such parts of its present road between said two points, 
as it may deem expedient; and such part of said new line 
of railroad as diverges from its present line shall in no case 
pass more than fifteen hundred feet from the present line; Privileges and 
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. The said corporation is hereby authorized to $450,000 addi- 
increase its capital stock to five millions of dollars, by the slock' "''^"''^ 
issue of forty-five hundred new shares, of one hundred 
dollars each. Said new stock shall be issued at not less no shares to be 
than its par value, under the direction of the stockholders jf^^Jatiess 

of said corporation. man par value. 

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

Approved February 17, 1868. 
An Act to continue in force an act to incorporate the nj 1 Q 

COHASSET MUTUAL FIRE INSURANCE COMPANY. ^/lap. 1 ». 

Be it enacted, S^-c, as follows : 

The act of the year one thousand eight hundred and forty- charter contin- 
five, chapter one hundred and forty-four, entitled " An Act luKf ume""" 
to incorporate the Cohasset Mutual Fire Insurance Com- 



20 1868.— Chapters 19, 20, 21, 22. 

pany," shall be .continued and remain in force from and 

after the first day of March, in the year one thousand eight 

Powers and huudrcd and seventy-three; and said company shall con- 

^"*'''- tinue to have and enjoy all the powers and privileges, and 

he subject to all the duties, liabilities and restrictions set 

forth in the general laws which are or may be in force, 

relating to such corporations, in like manner and to the 

same effect as if said act incorporating said company had 

contained no limitation of time. Approved February 17, 1 868. 

Char) IQ An Act to authorize the fall river savings bank to hold 

K^llU^. i-if. ADDITIONAL REAL ESTATE. 

Be it enacted ^-c, as follows : 
s3o,ooo addition- SECTION 1. Thc Fall Elver Savings Bank is hereby 
ai real estate, ^^^^i^o^.i^ed to hold real cstatc in addition to what is now 

authorized by law, to an amount not exceeding thirty 

thousand dollars. 

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

Approved February 17, 1868. 
rhnri 90 An Act to authorize the boston and providence railroad 

Lyfiap. ^\J. corporation TO CHANGE THE LOCATION OF THE WEST MANSFIELD 
PASSENGER STATION. 

Beit enacted^ §'c., as follows : 

May move pas- SECTION 1. Thc Bostou aud Providcnce Railroad Corpo- 

Mansfielr' '"^ ratlou is hcrcby authorized to move its passenger station in 

Mansfield, known as the West Mansfield Station, to a point 

not more than one thousand feet south of its present 

location. 

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

Approved February 17, 1868. 
rilt 91 An Act to extend the time for the location and construc- 

Lyfiap. Zl. > ^^^^ ^p ^j^g MYSTIC RIVER RAILROAD. 

Be it enacted ^c, as follows : 

Time extended to SECTION 1. Tlic time allowcd to locatc thc Mystic Rivcr 
^^™"^^" Railroad is hereby extended to the first day of May, in the 

year eighteen hundred and seventy ; and to construct the 
same, to the first day of May, eighteen hundred and seventy- 
one. 

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

Approved February 17, 1868. 



ri^nr,^ 99 An Act to incorporate the graves end branch street rail- 
t/Wajw. z^. - ^^Y company. 

Be it enacted (J-c, as follows : 

corporators. SECTION 1. Olivcr Ramsdcll, Jonathan Mansfield, Amos 

F Breed, their associates aud successors, are hereby made a 
corporation by the name of the Graves End Branch Street 



1868.— Chapters 23, 24, 25. 21 

Railway Company, for the purpose of constructing and using Mav construct 
a street railroad from some convenient point in ward one of iaTynn!"°"^ 
the city of Lynn to some convenient point in ward four in 
said city ; with all the powers and privileges, and subject to 
all the duties, liabilities and restrictions set forth in all gen- 
eral laws which now are or may hereafter be in force relating 
to street railway corporations. 

Section 2. The capital stock of said corporation shall capital stock. 
not exceed fifteen thousand dollars. 

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

Approved February 17, 1868. 

An Act to increase the capital stock of the mount hope ph^y. 90 
IRON company. ^nap. Zo. 

Be it enacted, ^c, as followa : 

Section 1. The Mount Hope Iron Company is hereby $100,000 addi- 
authorized to increase its capital stock by an amount not stock. "^^''^' 
exceeding one hundred thousand dollars, by adding thereto 
from time to time, at its discretion, an additional number of 
shares, not exceeding one thousand shares of one hundred 
dollars each : provided, that no shares in the capital stock no shares to be 
hereby authorized shall be issued for a less sum or amount, l^n par^va'iul 
to be actually paid in on each, than the par value of the 
shares in the original capital stock of said corporation. 

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

Approved February 20, 186S. 

An Act relating to incompatibility of certain offices. r^j c)a 
Be it enacted, Sfc, as follows : ^liap. ^4. 

Section 1. No person holding a judicial office under the us. judicial 
laws of tlie United States shall hold any judicial office under stX^olc^ln^ 
the constitution and laws of this state, except those of trial "''*^- 
justice and justice of the peace. 

Section 2. Sections fifty-eight, fifty-nine, sixty, sixty-one, Q. s. 144, » 
sixty-two, sixty-three, sixty-four, six\v-five, sixty-six and 58-67 repealed, 
sixty-seven of chapter one hundred and forty-four of the 
General Statutes are hereby repealed. 

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

Approved February 20, 1868. 
An Act making additional appropriations for certain ex- />i nr 

PENSES authorized IN THE YEAR EIGHTEEN HUNDRED AND ^"'^P' ^^' 
sixty-seven, and previous years, AND FOR OTHER PURPOSES. 

Be it enacted y ^'c, as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated to be paid out of the treasury of the Commonwealth, ^""'°"''^'^' 
from the ordinary revenue, except in cases otherwise ordered, 
for the purposes specified herein, to wit : 



.22 1868.— Chapter 25. 

charitable. 

State almshouse, For tliG cuiTGnt expGiises of tliG State almshouse at Moiison, 
a sura not exceeding four thousand eight hundred and 
eighty-nine dollars. 

Primary school, For expGuses iucurred in connection with the establish- 
ment of the state primary school at Monson, a sum not 
exceeding three thousand eight hundred and fifty-one 
dollars eighty-two cents. 

Support of luna- For tlic support and relief of lunatic state paupers in 

ic s a e paupers, gj-g^^g hospitals, a suui uot cxcceding two thousand dollars. 

Of state, by cities For tlic support of statc paupors by cities and towns, a 
towns. g^^^^ ^^^^ exceeding seven thousand dollars. 

REFORMATORY AND CORRECTIONAL. 

Mass. nautical For thc currcut expcnscs of the Massachusetts nautical 
school, a sum not exceeding two thousand one hundred and 
thirty-five dollars twenty-nine cents. 

Industrial school For thc currcut expenses of the industrial school for girls, 

for girls. ^ g^^^^ j^^^ exceeding one thousand nine hundred and seventy- 

four dollars sixty-one cents. 

state police. For thc contiugcnt expenses of the state police, a sum 

not exceeding one thousand three hundred and twenty 
dollars fifty-one cents. 

MILITARY. 

Record of officers For printing the record of Massachusetts officers and 
soldiers, authorized by chapter ninety-eight of the resolves of 
eighteen hundred and sixty-six, a sum not exceeding five 
thousand dollars. 
Escort at recep- For the compeusation and expenses of the military escort 
of'u.^s.^'^^^' ^^ ordered out for the reception of the president of the United 
States in the year eighteen hundred and sixty-seven, a sum 
not exceeding six thousand three hundred seventy-nine 
dollars and fifty cents, which shall be allowed and paid. 
Quartermaster's Tlic uuexpeiidcd balaucc of tlic appropriation made in 
supplies. chapter one hundred and twenty-two of the acts of the year 

eighteen hundred and sixty- seven, for quartermaster's 
supplies, is hereby made applicable for the same purpose 
during the present year. 

MISCELLANEOUS. 

Sergeantat-arms For books, printing and stationery ordered by the sergeant- 
at-arms for the legislature, a sum not exceeding sixty-two 
dollars and eighty cents. 



1868.— Chapter 25. 23 

For the compensation of the treasurer's extra clerks, a Treasurer's 
sum not exceeding tliirty-two dollars and forty-three cents. 

For the expenses of the tax commissioner, a sum not ex- Taxcommis- 
ceeding four hundred and five dollars and seventy-one cents. 

For incidental expenses of the secretary's department, a secretary's ex- 
sum not exceeding two hundred twenty-seven dollars and p*°®*^' 
eighty cents. 

For the contingent expenses of the insurance commis- insurance com- 

T • -I T m> r" in missioner. 

sioner, a sum not exceeding nine hundred iiity-nve dollars 
and fifty cents. 

For the incidental expenses of the board of agriculture, a Board of agricui- 

.i.- -. " ' ture, incidentals. 

sum not exceeding sixty-six dollars and ninety cents. 

For the personal expenses of the members of the board of Expenses of 

A ^ Till! members. 

agriculture, a sum not exceeding three hundred twenty- 
eight dollars and sixty cents. 

For postage, printing and stationery for the board of Board of educa- 
education, a sum not exceeding nine hundred eighty-eight 
dollars and nine cents, payable from the income of tlie • 
Massachusetts school fund, applicable to educational pur- 
poses. 

For expenses of the Charles River and Warren bridges, a charies river and 
sum not exceeding two thousand seven hundred sixty-two *"^° " ^*^' 
dollars and eighty-six cents, payable from the Charles River 
and Warren bridge fund. 

For expenses of the Essex bridge, a sum not exceeding Essex bridge, 
seven hundred twenty-seven dollars and eighty-three cents, 
payable from the Essex bridge fund. 

For expenses incurred in the establishment of boundary Establishing 
lines at Gay Head, as authorized by chapter forty-two of the Gay'Head.^* 
resolves of the year eighteen hundred and sixty-three, and 
chapter sixty-seven of the resolves • of the year eighteen 
hundred and sixty-six, a sum not exceeding four hundred 
and forty-four dollars forty-five cents. 

For expenses incurred in the sale of the agricultural itg'JandTrip.°^' 
college land scrip, a sum not exceeding one thousand two 
hundred and twenty-six dollars fifty-six cents, which shall 
be allowed and paid. 

For the salaries of the jiist\ces of the superior court, the Justices of supe- 
sum of one thousand and forty-five dollars. 

For the salary of the justice of the police court in Haver- g^^g^j^'^jj"'^'' 
hill, the sum of forty-three dollars and thirty-three cents ; 
and for the salary of the clerk of said court the sum of 
twenty-one dollars and sixty-seven cents. 

For sundry small items of expenditure due and unpaid in sundry items. 
the year eighteen hundred and sixty-seven and previous 
years, a sum not exceeding one thousand dollars. 



24 



1868.— Chapter 26. 



Printing, &c., 
house and senate. 



Chap. 26. 



Corporators. 



Powers and 
duties. 



Location. 



For printing and binding for the senate and house, a sum 
not exceeding four thousand eight hundred and six dollars 
seventy-seven cents. 

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

Approved February 21, 1868. 



Passenger and 
freight stations 
and turnouts. 



May use Fitch- 
burg railroad, or 
sell franchise, &c. 



Capital stock and 
shares. 



Conditions of 
Talidity of act. 



An Act to incorporate the wayland and sudbury branch 
railroad company. 

Be it enacted, Sfc, as follows: 

Section 1. Horace Heard, Edward Pousland, James S. 
Draper, Charles A. Cutting, Henry D. Parmenter, Dexter 
C. Jones, Thomas P. Hurlbut, Samuel B. Rogers, John H. 
Dakin, J. C. Howe, their associates and successors, are 
hereby made a corporation by the name of the Wayland and 
Sudbury Branch Railroad 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, with one or more tracks,^ com- 
mencing either at a point at or near Mill Village, in the 
town of Sudbury, or at a point at or near the centre of said 
town : thence to the town of Wayland, and through said last 
named town and the town of Weston, to such convenient 
point as it may select at or near Stony Brook station on the 
Fitchburg Railroad. 

Section 3. Said corporation shall erect and maintain one 
or more stations and turnouts for the accommodation of 
passengers and freight in each of the following named locali- 
ties, viz. : In the town of Sudbury, in Wayland Centre, 
and in that part of said Wayland called " the Plain " at or 
near the point where said railroad shall intersect the " Con- 
cord Road," so called, and also in Weston. 

Section 4. Said corporation may enter with its road upon 
and use the road of the Fitchburg Railroad Colnpany, sub- 
ject to the general laws relating to railroad corporations ; or 
it may sell, assign and convey, or lease its road and franchise 
to the said Fitchburg Railroad Company. 

Section 5. The capital stock of said corporation shall be 
fixed by the directors thereof, at an amount not less than one 
hundred thousand dollars, nor more than two hundred 
thousand dollars ; and said stock shall be divided into sliares 
of one hundred dollars each. 

Section G. This act shall be void unless the said railroad 
be located within two years, and completed within three 
years from the passage hereof. Approved February 21, 1868. 



1868.— Chapters 27, 28. 25 

An Act to incorporate the new England liquid fuel QJidp 27 

COMPANY. * ' 

Be it enacted, §'c., asfoUoios: 

Section 1. Henry R. Foote, Francis A. Osborn, Micah corporators. 
Dyer, junior, their associates and successors, are hereby 
made a corporation by the name of the New England Liquid Name ana pur- 
Fuel Company, for the purpose of holding and dealing in 
the patent rights of said Foote for improved apparatus for 
generating and burning the vapor of hydro-carbon oils, and 
for divers other improvements relating to the use of liquid 
fuel, patented and to be patented by said Foote ; and also 
for the purpose of manufacturing and selling machines 
constructed under said patents, with any future improve- 
ments thereon, and for manufacturing and dealing in such 
fuel as is used in said machines ; and for these purposes 
shall have all the powers and privileges, and shall be 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 manufacturing corporations. 

Section 2. Said corporation shall have its principal be\n''Boston''^ *** 
office in the city of Boston, and may hold, for the purposes 
aforesaid, real estate not exceeding the value of fifty thou- 
sand dollars, and the capital stock shall not exceed two capital stock. 
hundred thousand dollars, divided into shares of one hun- 
dred dollars each : provided, however, that said corporation Proviso, 
shall not go into operation until seventy-five thousand 
dollars of its capital is paid in in cash, not more than one- 
half of which shall be expended for the purchase of the 
patent rights named in the first section. 

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

Approved February 21, 1868. 

An Act to incorporate the trustees of holyrood school. Chat). 28. 

Be it enacted, Sj'c, as folloios : 

Section 1. Theodore Edson, Charles Hovey, Benjamin corporators. 
C. Sargeant, their associates and successors, are hereby con- 
stituted a body corporate under the name of " The Trustees Name and pur- 
of Holyrood School," for the purpose of establishing and ^°^^' 
maintaining a boarding-school for the education of girls, to 
be located in the city of Lowell, or its vicinity ; with all the Location in 
powers and privileges, and subject to all the duties, liabilities ^°'^^''- 
and restrictions set forth in the general laws which now are 
or may hereafter be in force relating to such corporations. 

Section 2. Said board of trustees shall consist of not Board of trustees 
less than seven nor more than thirteen members, and shall 
have power to fill vacancies in their own number : provided, 
11 



26 



1868.— Chapter 29. 



Real and person- 
al estate. 



that no corporate business shall be transacted at any meetmg 
of said board unless a majority of the trustees are present. 

Section 3. Said corporation may hold real and personal 
estate to an amount not exceeding one hundred thousand 
dollars, to be devoted exclusively to educational purposes, 
as provided in this act. 

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

Approved February 21, 1868. 



Chap. 29, 



Corporators. 



Name and pur- 



Corporation may 
take and hold 
real and personal 
estate. 



Limitation. 



Accounts of re- 
ceipts and expen- 
ditures, to be 
kept. 



Ax Act to incorporate the trustees of the howard funds 
IN west bridgewater. 

Be it enacted, Sfc, as follows : 

Section 1. Azel Howard, Benjamin Howard, Francis E. 
Howard, John E. Howard, Austin Packard, Otis Drury, Par- 
don Copeland, James Copeland, George D. Ryder, Jonathan 
C. Keith, John M. Lothrop, their associates and successors, 
are hereby made a corporation by the name of " The Trustees 
of the Howard Funds in West Bridgewater," for the purpose 
of holding in trust and administering the school fund, 
parochial fund, and lecture fund provided for by the will of 
the late Benjamin B. Howard, of West Bridgewater, proved 
and allowed in the probate court, held at Plymouth, in and 
for the county of Plymouth, on the thirteenth day of May, 
in the year one thousand eight hundred and sixty-seven ; 
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 is hereby authorized and 
empowered to take and hold, for the purposes therein set 
forth, all the estate bequeathed in trust by said will to the 
trustees herein named ; and may take and hold any other 
estate, real or personal, which may be acquired by said 
corporation by gift, devise, purchase or otherwise, for the 
same purposes : provided, however, that the actual value of 
the estate by them held or possessed as aforesaid, shall not 
at any one time exceed the amount of two hundred thousand 
dollars. 

Section 3. Said corporation shall cause accurate accounts 
to be kept of all the receipts and expenditures of each fund 
provided for in said will, in the same manner as if each of 
said funds was held by a separate corporation. 

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

Approved February 21, 1868. 



1868.— Chapters 30, 31, 32, 33. 27 

An Act to extend the time for constructing the boston, Qfid^^ 3Q^ 

BARRE AND GARDNER RAILROAD. ■* * 

Be it enacted, §'c., as follows : 

Section 1. The time for constructing the Boston, Barre Time extended to 
and Gardner Railroad is hereby extended to the first day of 
July, in the year eighteen hundred and seventy-one. 

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

Approved February 21, 1868. 
An Act to incorporate the washburn and moen manufac- CJim). 31. 

TURING COMPANY. ' 

Be it enacted, Sfc, as follows : 

Section 1. Ichabod Washburn, Philip L. Moen, William corporators. 
E. Rice, Charles Washburn, Charles F. Washburn, Henry 
Goddard, Dorance S. Goddard, their associates and succes- 
sors, are hereby made a corporation by the name of the 
Washburn and Moen Manufacturing Company, for the purpose Name and pur- 
of making and working of iron, steel and other metals, and ^°^^' 
of manufacturing cotton yarn and cotton goods in the city 
of Worcester ; and for that 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. The capital stock of said corporation shall capital stock and 
not exceed one million of dollars, and shall be divided into 
shares of one hundred dollars each ; and said corporation 
may hold such real and personal estate as may be necessary 
for the purposes set forth in this act, and shall not commence 
business until six hundred thousand dollars of its capital 
stock shall have been paid in. 

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

Appi'oved February 24:, 1S68. , 

An Act to change the name of the town of south reading. QJi^v) 32 

Be it enacted, ^'c, as follows: 

Section 1. The town of South Reading in the county of ^g^-^ °^h!n"ed 
Middlesex, shall take the name of Wakefield. toWakeCeid. 

Section 2. This act shall take effect from and after the 
thirtieth day of June, in the year one thousand eight 
hundred and sixty-eight. Approved February 25, 1868. 

An Act concerning the turner's falls branch railroad ri] ^ qq 

COMPANY. lyliap. 66. 

Be it enacted, §'c., as follows: 

Section 1. The time allowed the Turner's Falls Branch Time extended 
Railroad Company for locating and constructing its railroad *'"' ^®^": 
is hereby extended two years. 

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

Approved February 25, 1868. 



28 



1868— Chapters 34, 35. 



Chap. 34. 



May lease road to 
Providence and 
Worcester Hail- 
road Company. 



Chap. 35. 

Corporators. 



Name and pur- 
pose. 



Location. 



Capital stock and 
shares. 



No shares to be 
issued at less 
than par value. 



Location within 
two years, and 
construction 
within three 
years. 



An Act to authorize the milford and woonsocket railroad 

company to lease its road. 
Be it enacted, Sfc, as follows: 

Section 1. The Milford and Woonsocket Railroad Com- 
pany is hereby authorized to lease its railroad, for a term of 
years, to the Providence and Worcester Railroad Company, 
upon such terms as may be agreed upon by the directors of 
said corporations, the same to be 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 February 2b, 1868. 

An Act to incorporate the east avalpole branch railroad 

COMPANY. 

Be it enacted, Sfc, as follows: 

Section 1. Francis W. Bird, William S. Tilton, Herbert 
W. Presby, their associates and successors, are hereby made 
a corporation by the name of the East Walpole Branch Rail- 
road 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 company is hereby authorized and 
empowered to locate, construct and maintain a railroad, 
with one or more tracks, from some convenient point on the 
Boston, Hartford and Erie Railroad, between the South 
Dedham and East Walpole station on said Boston, Hartford 
and Erie Railroad, in South Dedham, to some convenient 
point in East Walpole, near the post-office, and to enter with 
their railroad, by proper turnouts and switches, upon the 
Boston, Hartford and Erie Railroad, at the point aforesaid ; 
and to use the same, or any part thereof, according to the 
provisions of law. 

Section 3. The capital stock of said company shall not 
exceed two thousand shares, of one hundred dollars each, 
the number to be determined, from time to time, by the 
directors of said company ; and said company may purchase 
and hold such real estate as may be necessary for the pur- 
poses of their incorporation. 

Section 4. No shares in the capital stock of said corpo- 
ration shall be issued for a less sum or amount, to be 
actually paid in on each, than the par value of tlie shares 
which shall first be issued. 

Section 5. If the location of this road shall not be filed 
within two years, and if "said railroad be not constructed 
within three years from the passage of this act, then this act 
shall be void. 



1868.— Chapter 36. 29 

Section 6. The said company are hereby authorized to May unite with 
extend their railroad hereby authorized, from its terminus Erie Railroad, 
in East Walpole, to unite with the Boston, Hartford and Erie 
Raih'oad, at some convenient point between East Walpole 
and Walpole Centre, and to enter upon the Boston, Hartford 
and Erie Railroad at the point aforesaid, and to use the same, 
according to the provisions of law ; and for the purposes of $35,000 ad dition- 
this extension, the capital stock of this company may be 
increased, by adding thereto, not exceeding three hundred 
and fifty shares, of one hundred dollars each, for that 
purpose. 

Secti'dn 7. If the extension authorized by the preceding Road to be locat- 
section, shall not be located and built within three years fn three"yeaM,"*" 
from the passage of this act, then so much of this act as 
relates to such extension, shall be void. 

Section 8. Said company is hereby authorized to make May seu or lease 
any contract with the Boston, Hartford and Erie Railroad Kaiiroadco". 
Company, or its successors, for the sale, leasing or use and 
maintenance of the railroad hereby authorized. 

Section 9. This act shall take effect upon its passage. 

Approved February 25, 1868. 

An Act to incorporate the prospect hotel company. Chat) S6 

Be it enacted, ^'c, as foUoivs : 

Section 1. Edward Appleton, Chauncey P. Judd and corporators. 
Nathan P. Pratt, their associates and successors, are hereby 
made a corporation by the name of the Prospect Hotel Name and pur- 
Company for the purpose of erecting a hotel to be located ^°^*' 
in Reading iu the county of Middlesex, and of maintaining 
such hotel with all the buildings and improvements connected 
therewith ; with all the powers and privileges, and subject Powers and 
to all the duties, liabilities and restrictions contained in all 
general laws which are now, or may hereafter be in force and 
applicable to such corporation : provided, hoivever, that said Proviso, 
corporation shall not carry on the business of keeping a 
hotel or boarding-house. 

Section 2. The capital stock of said corporation shall capital stock and 
not exceed one hundred and fifty thousand dollars, and 
shall be divided into shares of one hundred dollars each ; 
and said corporation may hold real and personal estate to 
the value of one hundred and fifty thousand dollars for the 
purpose mentioned in the first section : provided, hoioever, Proviso, 
that said corporation shall not incur any liability until the 
sum of thirty-seven thousand five hundred dollars has been 
paid in in cash. 

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

Approved February 28, 1868. 



30 1868.— Chapters 37, 38, 39, 40. 

ni^„^ Q"? An Act to fix the tenure of the office of the clerk of 
^'^^^1^' ^^' the senate. 

Be it enacted, §'c., as follows : 

Clerk of senate. The clei'k of the sciiate shall hold his office until liis 
successor is chosen and qualified. 

Approved February 28, 1868. 

Chan 38 -^^ ^^^ concerning the boston and hingham steamboat com- 

Be it enacted, §"c., as follows : 

$100,000 addi- Section 1. The Boston and Hingham Steamboat Com- 

authoS.^ pany is hereby authorized to increase its capital stock by an 

amount not exceeding one hundred thousand dollars, and to 

invest such increase in real and personal estate necessary and 

convenient for carrying on the business of said company : 

Shares not to be provided, that no shares in the capital stock hereby author- 

parvaml!''*''^'' i^^d shall be issued for a less sum, to be actually paid in on 

each, than the par value of the shares in the present capital 

stock of said corporation. 

Section 2. This act shall take effect u])on its passage. 

Approved March 3, 1868. 



Chap. 39. 



An Act in addition to an act to authorize the new Eng- 
land MUTUAL MARINE INSURANCE COMPANY TO HOLD ADDITIONAL 
REAL ESTATE. 

Be it enacted, §'c., as folloivs : 

s22o,ooo addi- SECTION 1. The Ncw England Mutual Marine Insurance 
authorized!''' Company is hereby authorized to hold real estate, in addition 
to the amount now allowed by section two, chapter one hun- 
dred and twenty-nine of the acts of the year one thousand 
eight hundred and thirty-nine, not exceeding two hundred 
and twenty thousand dollars. 

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

Approved March 3, 1868. 



Chap. 40. 



An Act to incorporate the Arlington and lexington street 

RAILWAY company. 

Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Saiiiuel S. Davis, Moscs Hunt, Addison Hill, 

James A. E. Bailey, their associates and successors, are 
hereby made a corporation by the name of the Arlington and 

Purpose. Lexington Street Railway Company, for the purpose of con- 

structing and using a street railroad from the terminus of 
the Arlington Horse Railroad near. Academy Street in 
Arlington, through High Street, so-called, to a point known 

Powers and as the Foot of the Rocks ; 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 be hereafter 
in force relating to street railway corporations. 



duties. 



1868.— Chapter 41. 31 

Section 2. Said company is hereby authorized to lease May lease to, or 
its railway to or unite itself with the Arlington Horse Eail- ton'^Horse^Rau-' 
road Company, 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 3. The capital stock of said company shall not capital stock. 
exceed fifteen thousand dollars. 

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

Approved March 3, 1868. 



Chap. 41. 



An Act making appropriations for expenses of the state 
almshouses; the hospital at rainsford island; the state 
prison ; the reform school at westborough ; the Massa- 
chusetts nautical school ; the support and relief of state 

LUNATIC paupers, AND FOR OTHER PURPOSES. 

Be it enacted, §'c., as folloivs : 

Section 1. The sums hereinafter mentioned are appropri- Appropriations 
ated to be paid out of the treasui;y of the Commonwealth, 
from the ordinary revenue, unless otherwise specified, for 
the purpose of meeting the current expenses of the institu- 
tions hereinafter named, and for other purposes, during 
the year ending December thirty-first, in the year eighteen 
hundred and sixty-eight, to wit : 

charitable. 

For the current expenses of the state almshouse at state almshouse: 
Tewksbury, a sum not exceeding twenty thousand dollars, ^ewksbury. 

For the current expenses of the state almshouse and state Monson. 
primary school at Monson, a sum not exceeding twenty 
thousand dollars. 

For the current expenses of the state almshouse and state Bridgewater. 
workhouse at Bridgewater, a sum not exceeding fifteen 
thousand dollars. 

For expenses of the hospital at Rainsford Island, including Hospital, Kains- 
expenses of transportation, a sum not exceeding fifteen 
hundred dollars. 

For expenses of the general agent of the board of state Agent state char- 
charities, a sum not exceeding eight hundred and fifty "'*^' ®*p®°^®^- 
dollars. 

For the salary of the agent of the board of state charities, saiary. 
three thousand dollars, in lieu of any former appropriation 
the present year. 

For such clerical and other assistance as the agent of the clerical assist- 
board of state charities may find necessary, a sum not 
exceeding three thousand dollars in addition. 



32 



1868.— Chapter 41. 



Secretary state 
charities. 

Clerical assist- 
ance. 



Board of state 
charities; ex- 
penses. 



Lunatic paupers. 



State paupers, 
transportation. 

Burial. 



Support by cities 
and towns. 



Coroners' in- 
quests. 



State almshouse 
sinking fund. 



Asylum for the 
blind. 



Idiotic and feeble- 
minded youth. 



Asylums for the 
deaf and dumb. 



Johonnot annu- 
ities. 



Cases of bastardy 



Pensions. 



For expenses of the secretary of the board of state charities, 
a sum not exceeding six hundred dollars. 

For such clerical assistance as the secretary of the board 
of state charities may find necessary, a sum not exceeding 
five hundred dollars in addition. 

For travelling and other expenses of the board of state 
charities, a sum not exceeding one 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 tliirty 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 six 
thousand dollars. 

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

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

To the state almshouse loan sinking fund for the redemp- 
tion of scrip, the sum of six thousand dollars. 

For the Perkins' institution and Massachusetts asylum for 
the blind, the sum of sixteen thousand dollars. 

For the Massachusetts school for idiotic and feeble-minded 
youth, the sum of nine thousand dollars. 

For the support of Massachusetts beneficiaries in the 
asylum for deaf and dumb at Hartford, and the Clarke 
institution at Northampton, a sum not exceeding twenty-five 
thousand dollars. 

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

For expenses attending the management of cases of settle- 
ment and bastardy in eighteen hundred and sixty-eight and 
previous years, a sum not exceeding three thousand dollars. 

For pensions, a sum not exceeding five hundred dollars. 



state prison. 



Reform school at 
Westborough. 



EEFOEMATORY AND CORRECTIONAL. 

For the current expenses of the state prison, a sum not 
exceeding one hundred and five thousand dollars. 

For the current expenses of the state reform school for 
boys at Westborough, a sum not exceeding twenty thousand 
dollars, 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 erection of new buildings. 



1868.— Chapter 42. 33 

For the current expenses of the Massachusetts nautical Nautical school. 
school, a sum not exceeding twenty tliousand dollars. 

For the current expenses of the state industrial school industrial school 
for girls at Lancaster, a sum not exceeding ten thousand *'^^"'^- 
dollars. 

For expenses incurred in the arrest of fugitives from Arrest of fugi- 
justice, a sum not exceeding two thousand dollars. *'^''^' 

For the salary of an agent for the relief of discharged Discharged con- 
convicts, a sum not exceeding eight hundred dollars; and 
for the expenditures of said agent, a sum not exceeding one 
thousand dollars. 

For the compensation of the state police, a sum not state pouce. 
exceeding eight thousand dollars ; for travelling expenses of 
the state police, a sum not exceeding sixteen hundred dol- 
lars ; for clerical, incidental and contingent expenses of the constable of the 
constable of the Commonwealth, a sum not exceeding fifteen '-'oi"'^"°*«a,ith. 
hundred dollars, which shall be allowed and paid. 

From the appropriations for expenses of the state prison. Advances may be 
of the state almshouses at Tewksbury, Monson and Bridge- "hi* appropda- 
water, and of the reform school for boys at Westborough, stTte almshouses 
the Massachusetts nautical school, and of the industrial *"=• 
school for girls, there may be 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 ; Proceeds of sales, 
and all sums received by said institutions from cities, towns iuto'suto feas- 
or individuals, for the support of the inmates, or for articles ^'^^■ 
sold, shall be paid into the treasury of the Commonwealth. 

For the transportation of state paupers, to be expended Transportation of 
by the agent of the board of state charities, a sum not "p"*"?*^"- 
exceeding two thousand dollars : provided, the same shall 
be expended only in the transportation of state paupers 
from the several hospitals and almshouses, to be in addition 
to a former appropriation. 

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

Approved March 3, 1868. 



Chap. 42. 



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

Section 1. Benjamin F. White, Christopher C. Blanchard, corporators, 
Appleton Howe, their associates and successors, arc hereby 
made a corporation by the name of the South Weymouth 
Savings Bank, to be located in the southerly part of Wey- 
mouth ; with all the powers and privileges, and subject to Powers and 
all the duties, lialnlities and restrictions set forth in the fifty- '^"*'^^- 
seventh chapter of the General Statutes, and all other laws 

12 



34 1868.— Chapter 43. 

of this Commonwealth which now are or may hereafter be in 
force relating to institutions for savings. 

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

Approved March 6, 1868. 

Chap. 43. -^ -^^"^ '^^ UNITE THE MASSACHUSETTS SABBATH SCHOOL SOCIETY 
" AND THE CONGREGATIONAL BOARD OF PUBLICATION. 

Be it enacted, Sj'c, as follows : 

Name changed. SECTION 1. The Corporation heretofore established by the 
name of the Massachusetts Sabbath School Society, shall 
hereafter be known by the name of the Congregational Sab- 
bath School and Publishing Society, and by that name shall 
have, hold and enjoy all its rights and privileges, and be 
subject to all its liabilities and obligations, to the same extent 
as if its name had not been changed. 
May unite with SECTION 2. The Congregational Board of Publication is 
tionai Board of hcrcby autliorizod to unite and form one corporation with 
Puhhcation. gg^-^ Massachusetts Sabbath Scliool Society, and for said pur- 
pose to assign, transfer and convey all its rights, privileges, 
interests and property to said Massachusetts Sabbath School 
Society, upon such terms as may be agreed upon between 
said societies ; and said Massachusetts Sabbath School Society 
is hereby authorized and empowered to accept and receive 
such transfer thereof, and take and hold the same ; and said 
last named society shall thereupon, under said name of the 
Congregational Sabbath School and Publishing Society, have 
all tlie rights, powers and privileges which either of said 
corporations now have, and shall become and be liable for 
all the debts or liabilities of either of said societies, and may 
hold real and personal property to an amount not exceeding 
three hundred and fifty thousand dollars. 
May publish and SECTION 3. Said Congregational Sabbath School and 
and'^trac'ts. ^"""^^ Publishing Society may publish, purchase, sell, circulate and 
distribute, in such manner as they shall deem expedient, any 
and all publications, books, tracts, papers or periodicals, 
calculated to promote good morals and pure Christianity and 
the spread and extension of the gospel of Jesus Christ ; 
and may take, invest, hold and disburse any and all 
charitable funds contributed to it for the purposes aforesaid. 
May hold gifts SECTION 4. Any gift, devise, bequest or legacy which has 
to either 'sodety! bceii or may hereafter be given or made to either of said 
societies under the name it has heretofore had, shall be held, 
enjoyed and appropriated by said Congregational Sabbath 
Scliool and Publishing Society, in like manner and to the 
same purposes as it would have been by either of said socie- 
ties if the same had not been united under this act. 



1868.— Chapters 44, 45, 46. 35 

Section 5. This act shall be void unless the same shall Act to take effect 
be accepted by each of said societies, at meetings thereof both^sod^tL.^^ 
called for that purpose, or at the annual meeting thereof, held 
next after the passage of this act. Approved March 6, 1868. 

An Act to authorize the lynn five cents savings bank, in nj^ri^ A A 

THE CITY OF LYNN, TO HOLD KEAL ESTATE. yylKlJ). ^1. 

Be it enacted, ^'c, as follou's: 

Section 1. The Lynn Five Cents Savings Bank, in the May invest $40,- 
city of Lynn, is hereby authorized to hold real estate to lous".'' ''*°'^'°^ 
the amount of forty thousand dollars, to be invested in the 
purchase of a suitable building, to be used for banking 
purposes, or in the purchase of a site and the erection of a 
suitable building, for the same purposes ; and all income, if 
any, arising from such real estate, shall be devoted exclu- 
sively to the interests of said corporation. 

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

Approved March 6, 1868. 

An Act to incorporate friendship lodge in Cambridge. Chnt^ A^ 

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

Section 1. Samuel W. Dudley, Ira Taylor, Samuel B. corporators. 
Gardner, their associates and successors, are hereby made a 
corporation by the name of the Friendship Lodge in Cam- Name and pur- 
bridge, for the purpose of erecting and maintaining a building ^°^*' 
in said Cambridge, which shall contain a hall or halls and 
other rooms which may be let or used for any lawful purpose ; 
with all the powers and privileges, and subject to all the 
duties, liabilities and restrictions set forth in the general 
laws of the Commonwealth, which are or may be in force, 
so far as applicable to said corporation. 

Section 2. Said corporation shall have a capital stock capital stock and. 
not exceeding twenty-five thousand dollars, divided into *'""'''"■ 
shares of one hundred dollars each, and may hold, for the 
purposes aforesaid, real and personal estate, not exceeding 
the amount of the capital stock. 

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

Approved March 6, 1868. 

An Act to incorporate the newton house company. pi tn 

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

Section 1. Orrin Whipple, Ralph W. Holman, Royal corporatow. 
Gilkey, their associates and successors, are hereby made a 
corporation by the name of the Newton House Company, 
for the purpose of erecting a hotel, to be located in the town May buiid hoteii 
of Newton, and maintaining such hotel, with the buildings, "" ^'''*'°°- 
appurtenances and improvements connected therewith ; with 



36 



1868.— Chapters 47, 48. 



Capital stock and 
shares. 



Sf300,000 addi- 
tioDal capital 
tock. 



all the powers and 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 corporations : provided^ hoivever, that said corpora- 
tion shall not carry on the business of keeping a hotel or 
boarding-house, or be in any way interested in such business. 
Section 2. The capital stock of said corporation shall not 
exceed two hundred thousand dollars, and shall be divided into 
shares of one hundred dollars each ; and said corporation 
may hold real and personal estate to the value of two hun- 
dred thousand dollars, for the purpose mentioned in the 
Not to incur lia- first scctiou : provided, however, that said corporation shall 
oioTspaidin-^^'" not liicur 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 March 6, 1868. 

Chan 47 ^^ ^^'^ '^^ authorize the roxbury gas light company to 
y^nuj). •± J . increase its capital stock. 

Be it enacted^ ^c, as follows : 

Section 1. The Roxbury Gas Light Company is hereby 
authorized to increase its capital stock, by an amount not 
exceeding three hundred thousand dollars ; but no stock 
created under this act shall be issued contrary to the 
provisions of the ninth section of the sixty-eighth chapter of 
the General Statutes. 

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

Approved March 6, 1868. 

An Act to incorporate the lexinqton hotel company. 

Be it evaded, §'c., as follows: 

Section 1. George W. Robinson, William A. Tower, 
James S. Munroe, their associates and successors, are hereby 
made a corporation by the name of the Lexington Hotel 
Company, for the purpose of erecting a hotel to be located 
in the town of Lexington, and maintaining such hotel, with 
the buildings and impn)veraents connected therewith ; with 
all the powers and privileges, and subject to all the duties, 
liabilities and restrictions contained in all general laws which 
now are, or may hereafter be in force, applicable to such 
corporations : provided, hoivever, that said corporation shall 
not carry on the business of hotel keeping, nor in any way 
be interested in such business. 

Section 2. The capital stock of said corporation shall 
not exceed seventy-five thousand dollars, and shall be 
divided into shares of one hundred dollars each ; and said 
corporation may hold real and personal estate to the value 



Chap. 48. 

Corporators. 



May build hotel 
ia Lexington. 



JProTlso. 



'Capital stock. 



Real and person' 
:al estate. 



1868.— Chapters 49, 50. 37 

of seventy-five thousand dollars, for the purpose mentioned 
in the first section : provided^ hoivever, that said corporation Not to incur na- 
shall not incur any liability until the sum of twenty-five oooispaidin. ' 
thousand dollars has been paid in in cash. 

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

Approved March 6, 1868. 
An Act in relation to the publication of the names of Qhn^ AQ 

OFFICERS OF SAVINGS BANKS. ■'' * 

Be it enacted, §"c., as follows: 

Section 1. Section one hundred and thirty-eight of List of omcer^of 
chapter fifty-seven of the General Statutes is hereby so be^'p^'busTed 
amended that the person acting as clerk of any meeting of JiJ^g'^tlo^^'^ '^''^* "'^ 
a savings bank for the election of officers, shall, within thirty 
days after such meeting, publish in some newspaper pub- 
lished within the county where tlie savings bank is situ- 
ated, a list of all persons who accept the offices to which 
they are elected at such meeting. 

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

Approved March 6, 1868. 



Chap. 50. 



An Act in further addition to an act making appropria- 
tions FOR THE maintenance OF THE GOVERNMENT DURING 
THE PRESENT YEAR. 

Be it enacted, Sfc, as follows : 

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

LEGISLATIVE DEPARTMENT. 

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

For stationery for tlie senate, purchased by the clerk of senate stationery 
the senate, a sum not exceeding one thousand two hundred 
dollars. 

For printing blanks and circulars, and the calendar of Printing, 
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 House of Repre- 
by the clerk of the house of representatives, a sum not uo"nery!''^' ^^' 
exceeding two thousand four hundred dollars. 

For printing blanks and circulars, and the calendar of Printing, 
orders of the day, for the use of the house of representa- 
tives, a sum not exceeding eight hundred dollars. 



38 1868.— Chapter 50. 

Sergeant-at-arms For books, Stationery, printing and advertising ordered by 
°° ^' '^' the sergeant-at-arms for tlie legislature, a sum not exceeding 

six hundred dollars. 
Committees of For the autliorized expenses of committees of the legis- 
egistature. laturo, a suui uot excccding eight hundred dollars. 
Clerical assist- For clcrlcal assistanco to committees authorized to employ 

a^iceocommi- ^^^^ game, a sum not exceeding six hundred dollars, the 
same to include service rendered by any clerk in the employ 
of the state, without interference with his regular duties ; 
f and the auditor is hereby authorized to audit bills for such 

assistance, the same having been approved by the chairmen 
of such committees, or other members authorized by the 
committees to certify such accounts. 

EXECUTIVE DEPARTMENT. 

Governor and For postagc, printing and stationery for the governor and 

i'ugfstatiouery. couucil, a SUUI uot cxcccding eiglit hundred dollars. 

Contingent ex- For tlic Contingent expenses of the governor and council, 

penses.^ a sum not exceeding one thousand dollars. 

STATE HOUSE EXPENSES. 

State house; fuel For fucl and lights for the state house, a sum not exceed- 

ig ts. .^^^ seven thousand five hundred dollars. 
Repairs, fuel and For rcpairs, improvements and furniture of the state 
1867'.^' ^'' ^"^ house, a sum not exceeding three thousand dollars ; and for 
repairs, furniture, fuel and light for the state house, and for 
contingent expenses of the legislature, for the year eighteen 
hundred and sixty-seven, a sum not exceeding one thousand 
seven hundred sixty-two dollars and sixty-one cents. 
Contingent ex- For coiitingcnt cxpcnses of the senate and house of repre- 
andTouse!*"^*^ scutativcs and necessary expenses in and about the state 
house, a snm not exceeding three thousand five hundred 
dollars : provided, that no part of such sum shall be expend- 
ed 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. 

STATE PRINTING. 

Printing general For printing such uumbcr, not exceeding thirty-five thou- 
^^^^' sand, of the pamphlet edition of the general acts and resolves 

of the present year, for distribution in the Commonwealth, 

a snm not exceeding five thousand dollars. 
Blue book. For printing and binding three thousand copies of the 

"blue book" edition of the acts and resolves of the present 



1868.— Chapter 50. 39 

year, with the governor's messages and other matters, in the 
usual form, a sum not exceeding four thousand five hundred 
dollars. 

For the publication of the general laws and all other General laws, 
information intended for the public, a sum not exceeding 
four liundred dollars. 

For the printing and binding of blanks for the use of cities Registration 
and towns in the registration of births, marriages and deaths, 
a sum not exceeding five hundred dollars. 

For printing the public series of documents in the last PubUc docu- 
quarter of the year one thousahd eight hundred and sixty- ™^°'^' 
eight, under the direction of the secretary of the Common- 
wealth, and for binding the copies to be distributed to the Binding, 
towns and cities, a sum not exceeding thirty thousand 
dollars. 

For term reports, a sum not exceeding five thousand five Term reports, 
hundred dollars. 

For the publication of bank returns, a sum not exceeding Bank returns, 
two hundred dollars. 

For assessors' books, a sum not exceeding two thousand Assessors' books. 
dollars. 

For printing and binding the annual railroad reports, a Railroad reports. 
sum not exceeding two thousand five hundred dollars. 

CONTINGENT AND INCIDENTAL EXPENSES. 

For incidental expenses of the secretary's department, a incidental ex- 
sum not exceeding four thousand five hundred dollars. penses, secretary. 

For incidental expenses of the treasurer's department, a Treasurer. 
sum not exceeding one thousand dollars. 

For the expenses of the tax commissioner, a sum not Taxcommis- 
exceeding one thousand eight hundred dollars. 

For incidental expenses of tlie auditor's department, a Auditor. 
sum not exceeding four hundred dollars. 

For the purchase of books for the library in the office of Attomey-gcnerai 
the attorney-general, a sum not exceeding two hundred ' '^'"^^' 
dollars, which shall be allowed and paid. 

For fees, costs and court expenses of the attorney-general Fees, costs, &c. 
and for incidental and contingent expenses of the office of 
the attorney-general, a sum not exceeding one thousand one 
hundred dollars. 

For costs accruing the present year under the provisions civii actions 
of section twenty-four of chapter fourteen of the General party. 
Statutes, a sum not exceeding three hundred dollars. 

For the incidental and contingent expenses of the insurance insurance com- 
commissioner, a sum not exceeding five hundred dollars ; '"■'°"'""" 



missioner. 



40 



1868.— Chapter 50. 



Incidental ex- 
penses. 



and a further sum not exceeding five hundred dollars, for 
the incidental expenses of said commissioner growing out of 
the valuation of policies of life insurance, to he paid from 
the fees received from the companies as compensation for 
such valuation. 



Adjutant-gener- 
al; incideutal 
expenses. 



Surgeon-general, 
expeasas. 

Medical supplies. 



State aid to non- 
resident soldiers. 



State aid; law 
expenses. 



State aid to resi- 
dent soldiers. 



Bounties to 
Boldiers. 



Coast defence 
loan. 



Quartermaster- 
general, expenses 



MILITARY EXPENSES, ETC. 

For the incidental expenses and express charges of the 
adjutant-general, a sum not exceeding two thousand five 
hundred dollars. ♦ 

For expenses of the bureau of the surgeon-general, a sum 
not exceeding two thousand dollars. 

For medical, surgical and hospital supplies, and contingent 
expenses connected therewith, the same being for tlie use of 
the state militia, a sum not exceeding five hundred dollars. 

For tlie payment from the state treasury of aid to Massa- 
chusetts volunteers, resident out of the Commonwealth, a 
sum not exceeding fifteen thousand dollars. 

For expenses attending the administration of the law 
providing state aid for Massachusetts volunteers and their 
families, a sum not exceeding one thousand three hundred 
dollars ; and for expenses attending the examination of dis- 
bursements of aid by cities and towns, a sum not exceeding 
two thousand dollars. 

For the re-imbursement of cities and towns for money 
paid on account of aid to Massachusetts volunteers and 
their families, a sum not exceeding nine hundred thousand 
dollars, the same to be payable on the first day of December 
in the year eighteen hundred and sixty-eight. 

Of the bounty fund established by chapter three hundred 
and thirteen of the acts of the year eighteen hundred and 
sixty-four, there is hereby re-appropriated a sum not exceed- 
ing thirty thousand dollars for ttie payment of bounties remain- 
ing due to Massachusetts soldiers, under the provisions of 
chapters ninety-one and two hundred and fifty-four of the 
acts of the year eigliteen hundred and sixty-three. 

Of tlie coast defence loan authorized by the provisions 
of chapter one hundred and eighteen of the acts of the 
year eighteen hundred and sixty-three, for the payment of 
expenses connected with the coast defences of Massachusetts, 
there is hereby re-appropriated a sum not exceeding three 
thousand dollars. 

For incidental and contingent expenses of the bureau of 
the quartermaster-general and master of ordnance, a sum 
not exceeding six thousand five hundred dollars. 



V 1868.— Chapter 50. 41 

AGRICULTURAL DEPARTMENT. 

For the personal expenses of members of the board of Beard of agricui- 
agriculture, a sum not exceeding one thousand five hundred 
dollars. 

For the travelling expenses of the secretary of said board, secretary. 
all postages and necessary expenses, a sum not exceeding 
two hundred and fifty dollars. 

For other incidental expenses of said board, a sum not incidental ex- 
exceeding one hundred and fifty dollars. pensea. 

For printing the report of the board of agriculture, a sum Report. 
not exceeding twelve thousand dollars. • 

MISCELLANEOUS. 

For the compensation of the commissioners on public commissioners 
lands, a sum not exceeding two thousand five hundred dol- compensatio°n. ' 
lars; and -for contingent and incidental expenses of said Expenses 
commissioners, a sum not exceeding five hundred dollars ; 
said sums to be paid from the moiety of the proceeds of sales 
applicable to improvements. And the residue of said moiety 
is hereby appropriated to be applied and used in accordance 
with the statutes. 

For the compensation of the engineer appointed under P°^J"^®J^j^''^''"^ 
the provisions of chapter three hundred and fifty-four of the 
acts of eighteen hundred and sixty-seven, relating to tlie 
Commonwealth's flats in Boston harbor, a sum not exceed- 
ing five thousand dollars. 

For the compensation and expenses of the harbor com- Harbor commis. 
missioners, a sum not exceeding ten thousand dollars, pay- ^'°°®"- 
able upon vouchers properly approved and filed with the 
auditor for his certificate. 

For expenses of the state commissioner on the Antietam commissioner on 
and Gettysburg national cemeteries, a sum not exceeding jieT^^^ cemete- 
one hundred and fifty dollars, which shall be allowed and 
paid. 

For the distribution of proclamations and blanks, and for Blanks for retura 
making return of votes by tlie sheriffs of the several counties, °f ''°'*^- 
a sum not exceeding five hundred dollars. 

For the purchase of books for the state library, two thou- state ubrary; 
sand three hundred dollars, to be expended under the direc- 
tion of the trustees and librarian. 

For expenses of the inspector of gasmeters, a sum not inspector of gas- 
exceeding five ]\undred dollars ; and the sum of three thou- ™^"'"- 
sand dollars appropriated in chapter one of the acts of the 
year eighteen hundi-ed and sixty-eight shall be held to 
include office rent and expenses for the present year. 

13 



42 



1868.— Chapter 51. 



Union loan sink 
ing fund. 



Emergency fund. For tliG emergency fund, ten thousand dollars, which is 
hereby made applicable to and may be used during the 
present political year, for the purposes and iftider 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 
two hundred and nine of the acts of the year eighteen hun- 
dred and sixty-one, to be invested in accordance, with the 
provisions of chapter one hundred and eiglity-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 
chapter ninety-one of the acts of the year eighteen hundred 
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 Massachusetts war loan sinking fund, established 
imder chapter one hundred and twenty-two of the acts of 
the year eighteen hundred and sixty-five, the sum of one 
hundred and seventy-five thousand two hundred and fifty 
dollars. 

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

Approved March 10, 1868. 



Bounty loan 
sinking fund. 



Mass. war loan 
sinking fund. 



Chap. 51. 



Debt created in 
construction of 
Troy and Green- 
field Railroad to 
be funded. 



Not to exceed 
$3,000,000. 

Scrip or certifi- 
cates of debt may 
be made payable 
in gold in Lon- 
don. 



Kate of interest. 



An Act to provide for the funding of the unfunded debt 
created in the construction of the troy and greenfield 
railroad and the hoosac tunnel. ' 

Be it enacted, ^c, as folloios : 

Section 1. For the purpose of funding the unfunded 
debt which has been heretofore created, in the construction 
of the Troy and Greenfield Railroad and the Hoosac 
Tunnel, the treasurer of the Commonwealth is hereby 
authorized and instructed to issue scrip, or certificates of 
debt, in the name, and on behalf of the Commonwealth, and 
under his signature, and the seal of the Commonwealth, to 
an amount not exceeding three millions of dollars. 

Section 2. Such scrip or certificates of debt niay be 
expressed in the currency of Great Britain, and be made 
payable, in gold, to the bearer thereof in London, in not 
less than twenty, nor more than thirty years from the date 
thereof, as shall be determined by the governor and council, 
and as shall be expressed on the face of the same, bearing 
interest at five per cent., per annum, payable semi-annually, 
in London, in gold, on the first day of April, and the first 
day of October, with warrants for such interest, signed by the 
treasurer, attached thereto ; or if the governor and council 



1868.— Chapter 51. 43 



shall so elect, said scrip or certificates of debt, may be issued fb1e''1"''fe7"rli 
in federal currency, payable in Boston, in lawful money of currency in bos- 
the United States, at the expiration of twenty years from 
date, and redeemable at any time after five years from date, 
at the option of the Commonwealth, with interest thereon 
at the rate of six per cent., per annum, payable semi-annu- 
ally, on the first day of April, and the first day of October, 
in lawful money of the United States, at the office of the 
treasurer of the Commonwealth. Said scrip, or certificates f "J.p '"j^^g^^"^** 
of debt, shall be issued as registered bonds, or with warrants bonds. 
for interest attached thereto, signed by the treasurer, as the 
governor and council may elect. All scrip, or certificates of ^.° ^""^f ^""'^jf ""^'j 
debt, issued by authority of this act, shall bear date on the October. 
first day of April or October, which shall last precede the 
issue of the same, and shall be issued in such denominations, 
as the governor and council shall direct ; and the same shall 
.be countersigned by the governor of the Commonwealth for 
the time being, and shall be deemed a pledge of the faith 
and credit of the Commonwealth for the redemption thereof. 

Section 3. Whatever premium shall be received, from Premium on sales 
the sale of any of the scrip, or certificates of debt, issued added to sinking 
under the authority of this act, beyond the cost of preparing *'"°*^- 
and negotiating the same, shall be added to, and constitute a 
part of the sinking fund, created by the provisions of the 
two hundred and twenty-sixth chapter of the acts of eighteen 
hundred and fifty-four ; and the sinking fund thus consti- 
tuted is hereby made applicable to the redemption of the 
scrip, or certificates of debt, heretofore issued in aid of the 
construction of said Troy and Greenfield Railroad and 
Hoosac Tunnel, including that issued for the purchase of 
the Southern Vermont Railroad, and of the scrip, or certifi- 
cates of debt, which may be issued by authority of this act. 

Section 4. The governor and council are hereby author- Governor and 
ized to take all necessary measures for the preparation of i^^to"'^'efTect'^*the 
said scrip, or certificates of debt, and for the sale or negoti- p^7'«i°°« "f 'his 
ation tbereof, with authority to expend such sums of money, 
as may be necessary to carry into effect the purposes of 
this act ; and the amount of such expenditures is hereby 
appropriated therefor. 

Section 5. So much of the acts heretofore passed, in Repeal, 
relation to the Troy and Greenfield Railroad and the Hoosac 
Tunnel, as authorizes the issue of scrip, or certificates of 
debt, in aid of the construction of the same, beyond the 
amount already issued, is hereby repealed. 

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

Approved March 11, 1868. 



44 1868.— Chapters 52, 53, 54, 55. 

Chat). 52 ^^ -^^^ CONCERNING THK WATER COMMISSIONERS OF THE CITY OF 
' ' ' NEW BEDFORD. 

Be it enacted, Sfc, ax follows : 

^o^ners orSew SECTION 1. Tlie watcr commisioners of the city of New 
Bedford, elected Bedfoi'd, elected under an ordinance of said city, passed to 
naucl.^to^have bc ordaincd Novcmbcr twenty-first, in the year one thousand 
edTnchaptoiet ©ight hundred and sixty-seven, are hereby invested with the 
1^^- same powers and authority in relation to the water works of 

said city, and are made subject to the same duties and restric- 
tions, as the commissioners provided for by an act of the 
legislature entitled " An Act for supplying the city of New 
Bedford with pure water," approved April eighteenth in the 
year one tliousand eight hundred and sixty-three. 
Acts made valid. SECTION 2. The acts of the commissioucrs elcctcd Under 
said ordinance, which have been done since their election 
and prior to the passage of this act, shall have the same 
validity as if subsequent to the passage hereof. 

Approved March 11, 1868. ' 

Chap. 53. -^N Act to INCORPORATE THE LAWRENCE SAVINGS BANK. 

Be it enacted, Sj^c, as follows: 

Corporators. SECTION 1. Miltou Bonncy, William R. Spalding, F. E. 

Clarke, their associates and successors, are hereby made a 
corporation by the name of the Lawrence Savings Bank, to 

Powers and privi- be locatcd lu the city of Lawrence; 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 in this Commonwealth, relating to 
institutions for savings. 

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

Approved March 11, 1868. 

Chap. 54. -^^ -^CT TO INCREASE THE CAPITAL STOCK OF THE UNION RAIL- 

WAY COMPANY. 

Be it enacted, ^c, as follows: 

Additional capi- SECTION 1. The Uuion Railway Company is hereby 

tal authorizeu. , , . , ^ "^ *^ 

authorized to increase its capital stock until the same shall 
amount to three hundred thousand dollars. 

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

Approved March 11, 1868. 

Chap. 55. -^^ -^^"^ 'TO INCORPORATE THE BOSTON CORN EXCHANGE. 

Be it enacted, Sj-c, as follows : 

Corporators. SECTION 1. T. Albert Taylor, S. G. Bowdloar, E. W. 

Clap, their associates and successors, are hereby made a 
corporation by the name of the Boston Corn Exchange, 

Purpose. for the purpose of promoting and increasing the facilities 

of trade in flour, grain and other produce in the city of 



1868.— Chapters 56, 57. 45 

Boston and its vicinity ; with all the powers and privileges, 
and subject to all the duties and liabilities set fortli in 
all general laws which now are or may hereafter be in 
force concerning such corporations : provided, that nothing proviso, 
in this act contained shall be construed to authorize said 
corporation to traffic in goods, wares or merchandise of any 
description. 

Section 2. Said corporation may hold real and personal Reai and personal 
estate to an amount not exceeding one hundred thousand * 
dollars, to be devoted exclusively to the purposes of said 
corporation. 

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

Approved March 11, 1868. 
An Act to repeal the two hundred and ninety-third chap- Qhnn Kg 

TER OF the acts OF THE YEAR ONE THOUSAND EIGHT HUNDRED -t^' ' 

AND SIXTY-FOUR, CONCERNING THE RIGHTS OF RAILROAD COR- 
PORATIONS TO TAKE LAND. 

Be it enacted, Sfc, as follows: 

Section 1. Tiie two hundred and ninety-third chapter of chap. 293, i864, 
the acts of the year one thousand eight hundred and sixty- ^^^^^^ ' 
four, is hereby repealed. 

Section 2. This act shall not affect existing rights under Rights under for. 
forfeitures already incurred ; and the time witliin which notlffected""* 
proceedings may be commenced upon claims or dues Time extended 

for conmiGucG" 

mentioned in the act hereby repealed, and not now barred, ment of pro- 
is hereby extended one year from the passage of this act. ceedmgs. 
Section 3. This act shall take effect upon its passage. 

Approved March 12, 1868. 
An Act to incorporate the proprietors of forest hills QJidy)^ 57^ 

CEMETERY. ^' 

Be it enacted, ^c, as folloios ; 

Section 1. Alvah Kittredge, George Lewis, William C. corporators. 
Harding, proprietors of lots in Forest Hills Cemetery, their 
associates and successors, are hereby made a corporation by 
the name of The Proprietors of Forest Hills Cemetery ; with Name. 
all the powers and privileges, and subject to all the duties, powers and 
liabilities and restrictions which now are or may hereafter be •*"''^*- 
in force relating to such corporations, except as hereinafter 
is provided. 

Section 2. Said corporation may purchase, acquire. May hoid real 
receive and hold real estate in the town of West Roxbury, in L^tate i^west 
the county of Norfolk, to the extent of three hundred acres ; i^o^^^i^y- 
and said corporation may also hold personal estate to an 
amount not exceeding five hundred thousand dollars. 



46 



1868.— Chapter 57. 



Owners of lots to 
be members. 



Officers of the 
corporation. 



Commissioners 
under Act of 
184S to be the 
trustees. 



Trustees, how 
elected and 
vacancies filled. 



Duties of trus- 
tees. 



Vacancies, how 
filled. 



No compensation 
for services. 

Boston to convey 
all right in the 
property to this 
corporation. 



Section 3. All persons now owning lots in said cemetery, 
or who shall hereafter become proprietors of lots therein, 
shall be and become members of said corporation. 

Section 4. The officers of said corporation shall consist 
of seven trustees, a treasurer and a secretary, and such other 
officers as they may direct. The same person may hold the 
offices of secretary and treasurer. The secretary shall be 
clerk of the board of trustees. The five persons now com- 
missioners of Forest Hills Cemetery under the provisions of 
an act passed in the year one thousand eight hundred and 
forty-eight, entitled " An Act relating to a public cemetery 
in the city of Roxbury," and the acts in addition thereto, 
shall respectively be and remain trustees under this act 
until three years after the expiration of their respective 
terms of service under the aforesaid acts ; and at the first 
annual meeting of said corporation, two additional trustees 
of said corporation shall be chosen, one of whom shall hold 
his office for one year from the time of his election, and the 
other shall hold his office for two years from tlie time of his 
election. All vacancies in said board of trustees shall be 
filled by elections by ballot. At the annual meeting in the 
year eighteen hundred and sixty-nine, one trustee shall be 
chosen, who shall hold his office for the term of seven years. 
And at every annual meeting thereafter one trustee shall be 
chosen, to hold his office for the term of seven years after his 
election. And the said trustees shall have the general 
management, care and superintendence of the property, 
expenditures, business and prudential affiiirs of said corpora- 
tion, and of the sales of lots in said cemetery, and shall 
make a report of their doings to the corporation at its 
annual meeting. The treasurer shall give such bonds as the 
trustees may direct. 

In case of a vacancy in said board of trustees by death, 
resignation, removal or otherwise, such vacancy shall be 
filled by the choice of another trustee, who shall hold his 
office for the residue of the term for which such member, so 
deceased, resigned or removed, would have held the same. 
And such election may be made at any annual or special 
meeting of said corporation. Said trustees shall not receive 
any compensation for their services as such trustees. 

Section 5. The city of Boston is hereby authorized and 
required to transfer and convey immediately after tlie organ- 
ization of this corporation to said corporation, all the right, 
title and interest in the lands which have been purchased for 
the said cemetery, and in and to all other estate, property, 
and things purchased or otherwise obtained and acquired for 



1868.— Chapter 57. 47 

said cemetery, which said city acquired under and by virtue 
of the provisions of an act entitled " An Act uniting tlie 
cities of Boston and Roxbury," passed in the year eighteen 
hundred and sixty-seven, and any moneys standing to the 
credit of said cemetery upon the books of the treasurer of 
the city of Roxbury, at the time when the act of annexation 
above mentioned took effect, and all other interests, moneys 
and rights relating to said cemetery, which said city acquired 
under said act. And said corporation shall hold the said J^pe^ty to te 

i , - held for same uses 

property and estate for the same uses and purposes, and as formerly heid 
charged with the same duties and liabilities, for and subject ^^ ^"^^"^^y- 
to which the same were formerly held by the city of Roxbury, 
and are now held by the city of Boston, and all rights which 
any persons have acquired in said cemetery shall remain to 
the same extent as if this act had not been passed. 

Section 6. The annual meetings of said corporation Annual meetings 
shall be held on the fourth Monday of March in each year, Mar'ch,'\°a''B'o8' 
at such place in the city of Boston as the trustees shall '^°'^- 
direct, and notices thereof, signed by the secretary, shall be 
published in two or more of the newspapers printed in 
Boston, at least seven days before the meeting; special special meetings, 
meetings may be called by order of the trustees in the same 
manner. At all meetings of said corporation a quorum for Quorum, 
business shall consist of not less than fifteen persons, and 
any business may be transacted, of which notice shall be 
given in the advertisements for the meeting, and all ques- 
tions shall be decided by a majority of the members present 
and represented, and voting either in person or by proxy. 

Section 7. As soon" as said city of Boston shall have corporation to 

, , , 1 , p £• • 1 J. X" succeed to all 

made the conveyance and transfer of said property as aiore- powers and duties 
said, said corporation shall succeed to all the rights, powers enyT conv^'e^id 
and privileges, and be subject to all the duties, obligations ^y Boston. 
and liabilities in respect to the same, which said city of 
Boston had or was liable to before such conveyance, and the 
trustees herein provided for shall have all the rights, powers, 
authorities, trusts, immunities and privileges which the said 
commissioners under the said act, entitled " An Act relating 
to a public cemetery in the city of Roxbury," and the acts in 
addition thereto had, and after such conveyance the last- 
named commissioners shall cease to have any power or 
authority under the said act, but shall have and hold their 
power and authority under this act. And said trustees shall Trustees may 

f^ . •' , convey exclusive 

have the authority to grant and convey to any person or rigiits of bumi 
persons by deeds duly executed the sole and exclusive rights 'l"^^°^ erecting 
of burial and of erecting tombs, cenotaphs and other monu- 
ments in any of the designated lots or subdivisions of said 



48 



1868.— Chapter 57. 



May prescribe 
rules how pro- 
prietors may 
exercise their 
rights. 



Purposes for 
■which grants 
or bequests of 
property in 
trust may be 
appUed. 



How to be in- 
vested. 



cemetery, upon such terms and conditions as they by their 
rules and regulations shall from time to time prescribe ; and 
said trustees may from time to time make such rules and 
regulations in regard to the mode and manner in which the 
proprietors shall exercise the rights granted to them in their 
respective lots or subdivisions of land in said cemetery as to 
them shall seem fit, the same not being inconsistent with 
this act or the laws of this Commonwealth, and such rules 
and regulations shall be binding upon all proprietors in the 
same. 

Section 8. Said board of trustees are hereby authorized 
to take and hold any grant, donation or bequest of property 
upon trust, to apply the same or the income thereof for the 
improvement or embellishment of said cemetery, or for 
the erection, repair, preservation or renewal of any monu- 
ment, fence or other erection, or for the planting and culti- 
vation of trees, shrubs or plants in or around any lot, or for 
improving said premises in any other manner or form, con- 
sistent with the purposes for which said cemetery is estab- 
lished, according to the terms of such grant, donation or 
bequest ; and whenever any such grant, donation or bequest, 
or any deposit of any money shall be made by tlie proprietor 
of any lot in said cemetery, for the annual repair, preserva- 
tion or embellishment of such lot and the erections thereon, 
the said trustees may give to such proprietor or his represen- 
tative, an agreement or obligation in such form and upon 
such conditions as they may establish, binding themselves 
and their successors to preserve and keep in repair said lot 
forever, or for any such period as niay be agreed on. And 
any sums of money so received by said trustees shall be by 
them invested in United States stocks, or the bonds of any 
of the New England states, or bonds of cities or towns in 
the New England states, or mortgages of real estate ; and all 
such property received under the provisions of this act, 
(unless other provision is made by the terms of any such 
grant, donation or bequest,) shall be under the direction of 
said board of trustees, and the income of such fund or funds 
shall be appropriated by said board of trustees, in such 
manner as shall, in their opinion, best promote the purposes 
for which said grants, donations, bequests or deposits are 
made ; but said board of trustees shall not be liable to make 
any renewal or reconstruction of any monument or other 
erection on any lot in said cemetery, unless such liability 
shall be expressed in the agreement given by them as afore- 
said, or in the terms and conditions under which they accept 
any grant, donation or bequest. 



1868.— Chapter 58. 49 

Section 9. All personal property now belonging to the Personal proper- 
said cemetery, and the proceeds of all sales of lots in lands of s^ies 'o77ofs^ 
now held, or hereafter to be acquired by said cemetery, shall iio^ to be used, 
be forever devoted and applied to the preservation, improve- 
ment, embellishment, protection and enlargement of said 
cemetery, and tlie incidental expenses thereof, and to no 
other purpose. 

Section 10. This act shall take effect upon its passage when and how 

• • 11 • Act takes effect 

so far as to authorize the commissioners to call the meeting 
hereafter mentioned, and for the proprietors to act upon the 
acceptance of the same ; and it shall take full effect when- 
ever the proprietors of lots in said cemetery shall, within 
sixty days after the passage of this act, accept the same at a 
meeting of such proprietors to i)e held at such time and 
place as shall be designated by the commissioners of Forest 
Hills Cemetery, who shall be in office at the time of the pas- 
sage of this act. Said meeting shall be called by the said 
commissioners, to be held at some suitaljle place within the 
city of Boston, by publishing notices of the time, place and 
purpose thereof, two successive weeks in at least three 
newspapers published in said city, the last of which publica- 
tions shall be at least seven days before said meeting. 

Section 11. If this act shall be accepted at the meeting if Act is aecept- 
of said proprietors mentioned in the preceding section, by nu'ai ^^ meetrn°g 
the votes of the majority of said proprietors, present or thc"sa^me^piacf 
represented at said meeting, voting in person or by proxy, immediately after 

f^ ?',• c -1 J.- 1 corporatiou IS or- 

the meeting lor the organization oi said corporation, and ganized. 

the annual meeting of said corporation for the present year, 

shall be held at the same place, and on the same day, with 

the said meeting mentioned in tlie preceding section, and 

immediately after the acceptance of this act, and such notice Notice of meeting 

of the said meeting for organizing said corporation, and of ^°^^ °or"annuai 

said annual meeting, shall be given by said commissioners meeting. 

as they shall deem expedient; and the trustees elected at Terms of office of 

such annual meeting shall hold their offices, one for one 

year, and one for two years, from the fourth Monday of 

March of the present year. Approved March 12, 18G8. 



trustees. 



Chap. 58. 



Ax Act to confirm the sale of the rockport railroad to 

THE eastern railroad COMPANY. 

Be it enacted, cVc, an follows : 

Section 1. The sale of the Rockport Railroad, with its saie confirmed. 
franchise and property, in pursuance of the fifth section of 
the thirty-second chapter of the acts of the year eighteen 
hundred and sixty, to the Eastern Railroad Company, is 
hereby ratified and confirmed ; and the said Eastern Rail- 
14 



50 



1868.— Ch^^pter 59. 



Increase of capi- road Company is hereby authorized to increase its capital 
stock beyond the amount heretofore authorized, liy an 
amount equal to the capital stock which said Rockport 
Eailroad Company was authorized to issue by the third 
section of the aforesaid act. 

Shares. SECTION 2. Said stock shall be issued in shares of one 

hundred dollars each, and at not less than the par value 
thereof. 

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

Approved March 12, 1868. 



Chap. 59. 



Appropriation 
from the school 
fund. 



Normal schoola. 



Teachers' insti- 
tutes. 

Pupils in normal 
schools. 

State scholar- 



School building 
at Framingham. 



Natural history 
cabinet at West- 
field. 



Incidental ex- 
penses, board 
of education. 

Conticsent ex- 
penses, normal 
schoola. 



Expenses of 
board of edu- 
catiou. 

Mass. teachers' 
association. 



An Act making appropriations from the moiety of the income 
of the school fund applicable to educational purposes. 

Be it enacted, Sfc, as follows : 

Section 1. ■ The sums Iiereinafter mentioned in this sec- 
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-eight, to wit : 

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

For teachers' institutes, the sum of three thousand dollars. 

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

For the support of state scholarships, a sura not exceed- 
ing five hundred dollars. 

For an addition to the normal school building at Framing- 
ham and furnishing the rooms therein, a sum not exceeding 
two thousand five hundred dollars. 

For additional cases in the cabinet of natural history, in 
the normal school building at Westfield, the sum of two 
hundred and fifty dollars ; said sum, and the svims above 
named, to be expended under the direction of the board of 
education. 

For postage, printing, advertising, stationery, the transpor- 
tation of documents for the board of education, and for 
the secretary thereof, and also for any contingent expenses 
of the normal schools not otherwise provided for, the sum of 
eleven thousand five hundred dollars. 

For the expenses of the members of the board of educa- ' 
tioii, a sum not exceeding five hundred dollars. 

For the Massachusetts teachers' association, the sum of 
eight hundred dollars, on condition that said association 
shall furnish a copy of the "Massachusetts Teacher" to each 
school committee in the several towns and cities in the Com- 
monwealth, during the year eighteen hundred and sixty- 



1868— Chapters 60, 61. 51 

eight, and furnish satisfactory evidence thereof to the 
auditor. 

For the American institute of instruction, the sum of five American insti- 
hvmdred dollars, to be paid to tlie president of said institute uon. ° "'^*'^"''' 
in the month of August next. 

For county teachers' associations, the sum of three hun- county teachers' 
dred and twenty-five dollars. associations. 

For the support of certain Indian schools, the sum of four Indian schools. 
hundred and five dollars. 

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

Approved March 14, 1868. 



Chap. 60. 



An Act to incokporate the oak bluffs land and wharf 

COMrANY. 

Be it enacted^ §'c., as follows : 

Section 1. Ira Darrow and Shubael L. Norton, their corporators. 
associates and successors, are hereby made a corporation by 
the name of the Oak Bluffs Land and Wharf Company, for Name, 
the purpose of holding, improving and disposing of land and 
a wharf situated in the town of Edgartown, now held by 
the said Darrow and Norton, as trustees ; and said corpora- 
tion may purchase, hold, improve and dispose of such other 
lands adjacent to the lands aforesaid as may by said com- 
pany be deemed advisable : provided, however, that said Proviso, 
company shall not hold more than three hundred acres of 
land ; with all the powers and privileges, and subject to all Powers and 
the duties, liabilities and restrictions contained in all general 
laws which now are or may hereafter be in force and 
applicable to such corporations. 

Section 2. The capital stock of said corporation shall capital stock. 
not exceed one hundred thousand dollars, the same to be 
divided into shares of one hundred dollars each ; and no Shares. 
share in said capital stock shall be issued for a less sum or 
amount to be paid in on each, than the par value of the 
shares first issued. * Approved March 14, 1808. 

An Act to change the name of the savings institution in QJif/^) Q\ 

the town of CAMBRIDGE. ^ ' 

Be it enacted, ^c, as follows : 

Section 1. The Savings Institution in the town of Cam- Namechmgedto 
bridge, organized under an act approved the second day of ingsBanl! "*^ 
April, in the year one thousand eight hundred and thirty- 
four, shall be called and known as the Cambridge Savings 
Bank. 

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

Approved March 14, 18G8. 



52 



1868.— Chapters 62, 63. 



Chap. 62, 



Corporators. 



Name. 



Powers and 
duties. 



An Act to incorporate the webstkr five cents savings bank 

IN the town of WEBSTER. 

Be it enacted, ^'c, as follows : 

Section 1. R. 0. Storrs, William S. Slater, F. D. Brown, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Webster Five Cents Savings Bank, 
to be established in the town of Webster, and located in the 
Depot Village ; with all the powers and privileges, and sub- 
ject to all the duties, liabilities and restrictions set forth in 
the fifty-seventh chapter of the General Statutes, and in all 
other general laws which now are or may hereafter be in 
force relating to institutions for savings. 

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

Approved March 16, 1868. 



Chap. 63. 



Corporators. 



Street railway in 
Springfield, Chic- 
opee and Long- 
meadow. 



Repairs of streets 
and bridges in 
Springfield. 



Rails used to be 
approved by al- 
dermen of Spring- 
field. 

Act Toid, unless, 
.&c. 



An Act to incorporate the Springfield street railway 

company. 

Be it enacted, ^'c, as foUou's : 

Section 1. G. M. Atwater, C. L. Covell, Ethan S. 
Chapin, their associates and successors, are hereby made a 
corporation by the name of the Springfield Street Railway 
Company, with power to construct, maintain and use a street 
railway from some convenient point or points on Main Street, 
in the northerly part of the city of Springfield, to some con- 
venient point or points in the southerly part of said city ; 
and also with power to construct, maintain and use a street 
railway from some convenient point or points in the city of 
Springfield to some convenient point or points in the town of 
Chicopee ; and also with power to construct, maintain and 
use a street railway fi'om some convenient point or points 
in the city of Springfield to some convenient point or points 
in the town of Longmeadow ; with all the powers and privi- 
leges, and subject to all the duties, restrictions and liabilities, 
except as hereinafter provided, set forth in all general laws 
which are now or may hereafter be in force relating to street 
railroads. 

Section 2. Said corporation shall maintain and keep in 
repair such portion of the streets, roads and bridges as are 
occupied by the track, and three feet on each ^de thereof, 
not including any portion of any sidewalk, to the satisfaction 
of the superintendent of streets of said Springfield. 

Section 3. Said corporation shall use, in the construc- 
tion and maintenance ot said road, such rail or rails as the 
board of aldermen of said city may prescribe ; and this act 
shall be void unless the same shall be accepted by the city 
council of the city of Springfield within six months, and 



1868.— Chapters 64, 65. 53 

unless at least one mile of said road is located, built and put 
in operation witliin two years from the passage of this act. 

Section 4. At any time witliin five years after the com- springfieia may 
pletion of said road, the said city of Springfield may uponccTtaiucon- ' 
purchase said road and all its property and franchise by pay- "^'''O"^- 
ing to the then holders of the stock the amounts which have 
actually been paid in on such stock, with ten per cent., annual 
interest, deducting therefrom all dividends made and net 
profits undivided. 

Section 5. The capital stock of said corporation shall capital stock and 
not exceed the sum of two hundred thousand dollars, to be ^ "'^''*' 
divided into shares of one hundred dollars each. 

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

Approved March 16, 1868. 
An Act to incorporate the new England agricultural pL^j^ aA 

SOCIETY. J^' 

Be it enacted, §t., as follows : 

Section 1. George B. Loring, Daniel Needham, Solomon corporators. 
H. Howe, their associates and successors, are hereby made a 
corporation by the name of the New England Agricultural 
Society, and established in the city of Boston, for the encour- 
agement of agriculture, horticulture and the mechanic arts 
by premiums and other means ; with all the privileges and Powers and 
powers, and subject to all the duties, liabilities and restrictions 
set forth in all general laws whicli now are or may hereafter 
be in force in relation to such corporations. 

Section 2. Said corporation shall never be entitled or no bounty from 
allowed to receive any bounty from the treasury of the "^«s*^'«- 
Commonwealth. 

Section 3. Said corporation may hold real and personal Reaiand person- 
property to the amount of one hundred thousand dollars, to *' P''°P«'''y- 
be devoted exclusively to the purposes of said corporation. 

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

Approved March 16, 1868. 
An Act to authorize the south boston savings bank to hold nhr,n (^5 

REAL ESTATE. "' 

Be it enacted, §'c., as follows : 

Section 1. The South Boston Savings Bank is hereby May invest $25,- 
authorized to hold real estate to an amount not exceeding House.'' ^'"'^"'^ 
twenty-five thousand dollars, to be invested in the purchase 
of a suitable building, to be used for banking purposes, or in 
the purchase of a site and the erection of a suitable building 
for the same purposes; and all income, if any, arising from 
such real estate, shall be devoted exclusively to the interests 
of said corporation. 

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

Approved March 16, 1868. 



54 



1868.— Chapters 66, 61. 



Chap. 



Chap. 67. 



School author- 
ized. 



gg An Act coxfirming the proceedings of the cape cod central 

RAILROAD COMPANY, IN MORTGAGING THEIR RAILROAD AND PROP- 
ERTY. 

Be it enacted, Sfc, as follows: 

Mortgage to trus- TliG proceedino's of the Cape Cod Central Railroad Cora- 
tees of bondhoid- '■, 1 ^1 1 ,1 1 ,11 f T 

ers ratified and paiij, wliereoy they conveyed, on the eleventh day oi Jan- 
coDfirmed. uarv, in the year one thousand eight lumdred and sixty-six, 
their railroad and property in mortgage to Joseph Nickerson 
and Nathan F. Sears, trustees of the bondholders in said 
mortgage mentioned, to secure the holders of said bonds the 
payment of the same, are hereby ratified and confirmed. 

Approved March 16, 1868. 

An Act to authorize the school committees op adams and 
williamstown to establish a union graded school in the 
village of blackinton. 

Be it enacted, Sfc, as follows : 

Section 1. The school committees of the towns of Adams 
and Williamstown are hereby authorized and empowered to 
establish a union graded school for tlie accommodation of 
such portions of the two towns as are comprised in the 
village of Blackinton and its immediate vicinity, and to 
define the limits of the districts of territory from which 
pupils may attend said school. 

Section 2. The school committees shall procure a suit- 
able lot of land in said village, and erect thereon and furnish 
a suitable school-house, with the needful fences and out- 
buildings ; and in case the lot of land selected by the com- 
mittees cannot be obtained by purchase, then they may take 
possession tliereof in the same manner that the selectmen of 
towns are authorized to do by the thii'ty-eighth and thirty- 
ninth sections of the thirty-eighth chapter of the General 
Statutes. The cost of the land and buildings, with the 
appurtenances of the same, and all repairs and renewals 
thereof, shall be borne jointly by said towns,- in proportion 
to their respective polls and estates within tlie district 
defined, as above provided ; and said towns shall be joint 
owners of the school property in the proportion of their 
respective contributions. 

Section 3. In the support and maintenance of said 
school, and in all incidental expenses attending tlie same, 
except as herein before provided, the proportions to be paid 
by each town, unless otlierwise agreed upon, shall be accord- 
ing to the number of cliildren of each in the district, between 
the ages of five and fifteen, to be defined as above provided. 

Section 4. Tlie school committees of the two towns 
shall elect two of their number — one from each of their 



Scliool-house to 
be built. 



Cost of land and 
buildings to be 
borne jointly by 
the two towns. 



How supported 
and maintained. 



School commit- 
•tee, how elected. 



1868.— Chapter 68. 55 

respective boards — and the two so elected, shall form the 
committee for the management and control of such school, 
when established, with all the powers conferred upon school 
committees. 

Section 5. This act shall take effect whenever each of ^,\° *° *=^'^^ 
the above named towns shall, at a legal meeting called for 
the purpose, assent to the same. Approved March 16, 1868. 

An Act relating to a public cemetery in the town of Chan. 68. 

DORCHESTER. ^ 

Be il enacted^ ^'c, as follows : 

Section 1. The town of Dorchester is hereby authorized commissioners of 
to elect by ballot, at a town meeting duly called, a board of ''^'^^^''^■ 
five commissioners, who shall have the sole care, superin- 
tendence and management of the cemetery situated in said 
town, between Adams Street and Neponset River, one mem- 
ber of which board shall be elected for the terra of five 
years, one for four years, one for three years, one for two 
years, and one for one year ; said terms to expire with the 
end of the municipal or official year. Said board may be Board, how e'ect- 
organized by the choice of a chairman and clerk from their * *° orgauue 
number, and a major part of the board shall be a quorum 
for the exercise of the powers of said office. In case of a vacancies, how 
vacancy occurring in the board, by death, non-acceptance, ®"^'^" 
disability, resignation or removal, during any municipal or 
official year, the remaining members shall notify the board 
of selectmen of Dorchester, in writing, thereof, and of the 
time and place appointed for a meeting of the two boards for 
the purpose of filling such vacancy, at least two weeks 
before the time appointed for said meeting ; and, in pursu- 
ance of such notice, said two boards shall proceed to fill 
such vacancy until the end of the then current or official 
year, by electing, upon joint ballot, a suitable person 
thereto; and at each successive annual election of town 
officers after the year one thousand eight hundred and sixty- 
eight, said town shall elect by ballot, a suitable person or 
persons to serve on said board for the remainder of any 
unexpired term or terms, and for such full term of five 
years as shall expire before the next annual election. 

Section 2. Said board of commissioners shall set apart Portion of ceme- 
a portion of said cemetery, as a public burial place for the ap7rt for public 
use of the inhabitants of the town of Dorchester, free of ^"""' p"^'="- 
charge therefor ; and tliey may lay out said cemetery in 
suitable lots or other subdivisions, with necessary paths and 
avenues ; may plant, embellish and ornament the same ; 
may inclose and divide the same with proper fences, and 



bellishment of 
cemetery 



56 1868.— Chapter 68. 

comniispioners ercct sucli suitablc edificGS, appendages and conveniences as 
Tu^d r^^uhitiona. thcj sluill, froui time to time, deem convenient; and may 
make all such by-laws, rules and regulations in the execution 
of their trust, not inconsistent with the laws of the Common- 
wealtli, as they may deem expedient. 
May coiiTey, by SECTION 3. Said board of commissioners shall have 
bur'?ai"and' of autliority to grant and convey to any person, by deed 
erecting tombs, executcd in sucli manner and form as they may prescribe, 
the sole and exclusive right of burial, and of erecting tombs, 
cenotaphs and other monuments, upon such terms and con- 
ditions as they shall by rules and regulations prescribe. 
Proceeds of sales SECTION 4. Tlic procccds of salcs of lots or rights of burial 
improveu^ent of 111 Said ccmctcry shall be paid into the town treasury of Dor- 
cemetery. cliestcr, bc kcpt scparatc from its other funds, and be devoted 

to the improvement and embellishment of the cemetery as 
aforesaid, subject to the order of the board of commissioners. 
commissionera SECTION 5. Said commissioncrs are authorized to take 

may hold in trust i i i i • i- j. i x- i j. 

property for em- aud hold auy appropriation, grant, donation or bequest upon 
trust, to apply the same, or the income thereof, for the 
improvement or embellishment of said cemetery, or for the 
erection, repair, preservation or renewal of any monviment, 
fence or other erection therein, or for the care, improve- 
ment or embellishment of any lot, or its appurtenances, in 
any manner or form consistent with the purposes for which 
said cemetery is established, according to the terms of such 
appropriation, grant, donation or bequest ; and may, by an 
agreement or obligation, bind themselves and their successors 
so to apply the same. 
Trust funds, &c., SECTION 6. Auy sums of money so received by said com- 
edlnd appropri- mlssiouers, sliall be invested by the town treasurer of Dor- 
^^^- Chester, under the direction of said commissioners, and all 

tlie same, and all property so received, shall ever be kept 
separate from any other moneys or property belonging to 
said town, and the income of the same shall be received hj 
its treasurer, be subject to the order of said commissioners, 
and be appropriated by them in such manner as shall, in 
their opinion, best promote the purposes for which such 
appropriation, grant, donation or bequest is made ; and the 
town shall be responsible for the good faith of its treasurer 
and of said commissioners. 
Limitation of in- SECTION 7. Said commissioncrs shall not incur debts or 
debtedness. liabilities for purposes other than as aforesaid, nor to an 
amount exceeding the amount of the funds subject to their 
Commissioners ordcr as aforcsaid ; and they shall annually, in the month of 
r°n°ort''* ^"''"''^ Fcbruaiy, make and render a report in writing of all their 
acts and doings, of the condition of said cemetery, an 



report. 



1868.— Chapters 69, 70, 71. 57 

account of their receipts and expenditures for the same, and 
of the funds subject to their order. 

Section 8. The lands purcliased and set apart, and the cemetery lands 
lands which may be hereafter purchased and set apart, by taxes!^^"'" ^''"^ 
the town of Dorche^ster, for the purpose of said cemetery, 
shall be exempt from all public taxes so long as the same 
shall be dedicated for such purpose. 

Section 9. This act shall be void unless accepted by a Act void unless 
vote of said town, at a meeting duly called, within four ^'^'^^P^^'^^y*'""^ 
months from its passage. 

Section 10. This act shall take effect upon its passage. 

Approved March 16, 1868. 

An Act concerning witnesses for the commonwealth in ceim- (^1^,^ fiQ 

INAL CASES. ^* 

Be it enacted, §'c., as follows : 

Any justice of any court of record may, at any time, witness may be 
during a term of such court or in vacation, order a witness nL^toap'pelrTnd 
for the Commonwealth in any criminal case pending in such ^'^^"^■y- 
court, to recognize, either with or without sureties, to 
appear and testify at the next or any succeeding term of said 
court, and may issue a warrant to bring such witness before warrant. 
him to recognize as aforesaid. Approved March 16, 1868. 

An Act repealing an act, entitled "an act concerning the pi^^^ nf) 

CHALLENGING OF JURORS." X^nUj). iV. 

Be it enacted, ^'c, as follows : 

Section 1. Chapter two hundred and fifty-four of the ohap. 254, i867, 
acts of the year eighteen hundred and sixty-seven is hereby '^p^*'^"^- 
repealed. 

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

Approved March 16, 1868. 



Chap. 71. 



An Act in addition to an act to regulate the investments 
and securities of the commonwealth. 

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

Section 1. The treasurer and receiver-general, with the securities beiong- 
approval of the governor and council, instead of selling any 'vhich° the"state 
of the stocks or securities belonging to funds over which the tra"ns7erred!*^ ^^ 
Commonwealth has exclusive control, to meet maturing 
liabilities, may transfer the same to any other of such funds, 
upon such terms and conditions as the governor and council 
may approve. 

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

Approved March 19, 1868. 
15 



58 



1868.— Chapter 72. 



Chap. 72 



City may issue 
$500,000 addi- 
tional scrip or 
bonds, to be 
called " City of 
Salem ^Vater 
Loan." 



Rate of interest. 



Commissioners to 
be appointed. 



Term of office. 



Vacancies, how 
filled. 



Salaries. 



Upon expiration 
of office, city to 
exercise powers 
and appoint 
agents. 



An Act in addition to an " act for supplying the city of 

salem with puke avater." 
Be it enacted, Src, as follows: 

Section 1. In addition to the amount of scrip, bonds 
and certificates of debt authorized to be issued by the twelfth 
section of the act entitled " An Act for 'supplying the City 
of Salem with Pure Water," passed on the thirteenth day of 
May, in the year one thousand eight hundred and sixty-four, 
being chapter two hundred and sixty-eight of the acts of 
that year, the city council of the city of Salem are hereby 
authorized to issue, from time to time, scrip, bonds or certifi- 
cates of debt to be denominated " City of Salem Water 
Loan," to an amount not exceeding in the whole of such 
addition, five hundred thousand dollars, for the purposes 
mentioned in said section ; the same to bear interest, payable 
semi-annually, at a rate not exceeding six per cent, per 
annum, and the principal to be payable at periods not more 
than fifty years from the time of issuing said scrip, bonds or 
certificates of debt, respectively. Said city council may sell 
the same, or any part thereof, from time to time, or pledge 
the same for money borrowed for the purposes aforesaid. 

Section 2. Three commissioners shall be appointed by 
said city council, by joint ballot of both branches thereof, 
whose term of office shall commence at the expiration of the 
term of office of the present commissioners, and who shall 
have the same powers, and be under the same restrictions, 
as are specified in the seventh section of said act. They 
shall hold office for the term of two years next after their 
appointment, unless the water works provided for by said 
act are sooner completed ; and in case of a vacancy in said 
board of commissioners, by death, resignation or removal, 
such vacancy shall be filled by the appointment of another 
commissioner, who shall hold his office for the residue of 
said term, with the powers and under the restrictions afore- 
said. 

Section 3. The city council, before the appointment of 
said commissioners, shall establish and fix the salaries or 
compensation to be paid them for their services, which shall 
not be reduced during their continuance, respectively, in 
said office. 

Section 4. Whenever the office of said commissioners 
shall cease, either by the expiration of said term of two years 
from the original appointment, or by the completion of the 
works aforesaid, all the rights, powers and authority given 
to the city of Salem by the said act of the year one thousand 
eight hundred and sixty-four, shall be exercised by said city. 



1868.— Chapters 73, 74. 59 

subject to all duties, liabilities and restrictions therein con- 
tained, in such manner and by such agents, officers and 
servants as the city council shall, from time to time ordain, 
appoint and direct. 

Section 5. Section nine of said act is hereby repealed. Repeal. 

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

Approved March 19, 1868. 

An Act to increase the capital stock of the proprietors Q^k^j) 73. 
of the tremont mills. •* ' 

Be it enacted, ^"c, as follows : 

Section 1. The proprietors of the Tremont Mills are i^orease of capi- 
hereby authorized to increase their capital stock by adding 
thereto six hundred shares. 

Section 2. Before any sale of the new shares authorized "°y ^"^'^ispos'e^d 
to be issued by this act, the directors of said corporation of. 
shall give notice in writing of such authorized increase to 
the stockholders, and within thirty days after such notice, • 
the stockliolders may take, at four hundred and fifty dollars 
per share, their proportion of such increased shares accord- 
ing 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 them at not less than four hundred and -fifty dollars per 
share. 

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

Approved March 19, 186S. 
An Act to increase the capital stock of the Suffolk manu- (JJid/n 74 

FACTURING COMPANY. ^ 

Be it enacted, §'c., as follotos : 

Section 1. The Suffolk Manufacturing Company is increase of capu 
hereby authorized to increase its capital stock by adding 
thereto six hundred shares. 

Section 2. Before any sale of the new shares authorized ^^°"T'^.'?"*? 

. t' . may be aisposea 

to be issued by this act, the directors of said corporation of. 
shall give notice in writing of such authorized increase to 
the stockholders, and within thirty days after such notice, 
the stockholders may take, at four hundred and fifty dollars 
per share, their proportion of such increased shares, accord- 
ing 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 them at not less than four hundred and fifty dollars per 
share. 

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

Approved March 19, 1868. 



60 



1868.— Chapters 75, 76, 77. 



Chap. 75. 



Provisions of 
chapter 174, Acts 
of 1866, cODceru- 
ing laying out 
and altering 
streets in Boston 
extended toother 
cities. 

Proviso. 



TVlien to take 
efifect. 



An Act conckrning the laying out, altering, widening and 

improving the streets of the several cities. 
Be it enacted^ ^"c, as follows : 

Section 1. The provisions of chapter one hundred and 
seventy-four of the acts of the year eighteen hundred and 
sixty-six, entitled " An Act concerning the laying out, altering, 
widening and improving the Streets of Boston," are hereby 
extended and made applicable to any and all the cities of the 
Commonwealth : provided, that in any city, where the power 
to lay out and alter the streets in such city is vested in any 
other board or persons than the board of aldermen, such 
board or persons shall have the same power and authority as 
the board of aldermen of the city of Boston. 

Section 2. This act shall take effect in any city whenever 
the same is accepted by the city council of such city by a 
two-thirds vote of each branch thereof. 

Approved March 20, 1868. 

Chap. 76. ^^ -^^^ ^^ CHANGE THE NAME OF THE MASSACHUSETTS POWDER 
■' ' * WORKS. 

Be it enacted, §"c., as folloivs : 

Section 1. The Massachusetts Powder Works shall here- 
after be known as the American Powder Company. 

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

Approved March 20, 1868. 



American Pow- 
der Company. 



Chap. 77. 



Corporators. 



Name. 
Purpose. 



Provisions 
G. S.57, §§ 
to apply. 



73-77 



An Act to incorporate the Worcester safe deposit company. 

Be it enacted, §"c., as follows : 

Section 1. Calvin Foster, George Crompton, William 
Cross, their associates and successors, are hereby made a 
corporation by the name of the Worcester Safe Deposit Com- 
pany, for the purpose of receiving on deposit for safe keep- 
ing, government securities, stocks, bonds, coin, jewelry, 
plate, valuable papers and documents, and other property of 
every kind, and, at the written request of the depositor, 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 disbursing the principal of 
such of said property as produces interest or income, when 
it becomes due, upon terms to be prescribed by the corpora- 
tion ; with all the powers and privileges, and subject to the 
duties, restrictions and liabilities set fortli 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. 

Section 2. The seventy-third, seventy-fourth, seventy -fifth, 
seventy-sixth and seventy-seventh sections of the fifty-seventh 



1868.— Chapter 78. 61 

chapter of the General Statutes, shall apply to and be in 

force against tiiis 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, g. s. 58, » 13-29 

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 capital stock. 
two hundred thousand dollars, with the privilege to increase 
the same to five hundred thousand dollars; and said capital l^e°7ed° ^^ ''" 
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 when company 

. , 1 1 /I ^ • • 1 11 1 • 1 • ■ , to go into oper- 

until one-halt 01 its capital stock has been paid in 111 cash, ation. 
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 
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 Reai estate, 
and hold, for its own use, real estate not exceeding in value 
one hundred thousand dollars. 

Section 6. Said corporation shall give to every depositor certificate show- 
at the time of his first deposit, a certificate setting forth in LT giveT to°de° 
clear and unambiguous terms, what obligation said corpora- p°^"°''- 
tion assumes. 

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

Approved March 20, 1868. 



Chap. 78. 



An Act to authorize the town of hadley to take stock 
in the northampton, hadley and amherst street railway 

COMPANY. 

Be it enacted., ^c, as follows : 

Section 1. The town of Hadley is hereby authorized to nadiey may take 
subscribe for and hold shares in the capital stock of the ra^[way confpany 
Northampton, Hadley and Amherst Street Railway Company, ^gjooo!''""^'"^ 
to an amount not exceedhig six thousand dollars, and to pay 
for the same out of the treasury of the town, and to hold 
the same as town property, subject to the disposition of the 
town for public purposes, in like manner as any other 
property which it may possess. 



62 1868.— Chapter 79. 

May raise money Section 2. TliG said towii of Hadlev is hereby author- 

to pay subscrip- ... . , . . -^ i i i i '' , 

tions and inter- izcci to paisG, Dj issuiiig its boiios, 01" by loau 01' tax, any 

sums of money which shall be required to pay its instalments, 

or its subscriptions to said stock, and interest thereon. 

May appoint com- SECTION 8. The Said towu of Hadlcy may appoint a com- 
mittee to tal?e . . in i .. • i i i /> /• i n 

stock and Tote fur mittce, vvlio sliall suoscribe, m behali oi the town, tor such 
number of shares in the capital stock of said company, as 
shall be voted by said town ; and said committee are hereby 
authorized to cast the vote of said town in the choice of 
directors of said road, at the first meeting of the stockholders 
thereof, called for that purpose ; and thereafter the vote of 
said town in the choice of directors of said road, shall be 
cast by the person or persons whom said town may appoint. 

When and how SECTION 4. The authority granted in the first section of 

to ta,ke effect • . . 

this act shall not vest in said town, unless at a legal town 
meeting called for that purpose, three-fourths of the voters 
present and voting thereon, shall vote to make such sub- 
scription ; and the said vote shall be expressed by a written 
or printed ballot of yea or nay, and the check list shall be 
used as in the election of town officers. 

Approved March 20, 1868. 

Chat) 79 ^^ -^^^ ^^ ANNEX A PART OF THE TOWN OF BOLTON TO THE TOWN 
■* * * OF HUDSON. 

Be it enacted, ^"c, as follows : 

^hTn^edXetween SECTION 1. Thc bouudary line between the town of 
Bolton and Hud- Boltou iu tlic couuty of Worccstcr, and the town of Hudson 
in the county of Middlesex, is hereby altered and estab-. 
lished as follows, to wit : — Beginning at a stone monument 
on the present boundary line between the counties of Wor- 
cester and Middlesex, at the south-westerly corner of the 
town of Stow and at the northerly corner of the town of 
Hudson, thence running south eighty-six degrees west four 
hundred thirty-eight and twenty-one hundredths rods to a 
stone monument at an angle ; thence south sixty-six and one- 
half degrees west, three hundred and forty-six rods to the 
present dividing line between the said town of Bolton and 
the town of Berlin in the county of Worcester ; thence 
south fifty and one-fourth degrees east four hundred and 
forty-seven rods along the said dividing line between Bolton 
and Berlin to the present line of the town of Hudson ; and 
all that portion of land witli the inhabitants thereon, easterly 
and south-easterly of the line hereby established, is hereby 
set oif from said town of Bolton and annexed to and made 
a part of said town of Hudson in the county of Middlesex ; 
and the line between the aforesaid termini, separating said 



1868.— Chapter 79. 63 

counties of "Worcester and Middlesex, is hereby altered and 
established as herein specified : provided, however y that the proceedings in 
several courts, civil and criminal, in and for said county of ''''','' '^'"i^"'"^'- 

TV7 1111 n -l^ i COlirtS nOt 

Worcester, shall have full authority to hear, determine, to be affected. 
render judgment, issue execution, enforce and complete all 
suits, processes and matters arising on the territory so trans- 
ferred, pending before any of said courts at the time this 
act shall take effect, as if this act had not been passed ; and 
all crimes committed on said territory before the passage of 
this act, in which proceedings have not been commenced at 
the time of its passage, shall be prosecuted and punished in 
said county of Worcester, in the same manner as if this act 
had not been passed. 

Section 2. The selectmen of said town of Hudson shall Hudson to erect 

, ,1 o • -\ . 1 ,1 ,1 stone monuments 

procure, at the expense oi said town, and cause to be erected showing the di- 
at the points where the line, as herein altered and established Iwee°n thelowns" 
between said town of Bolton in the county of Worcester 
and said town of Hudson in the county of Middlesex, crosses 
the several roads or highways, and also at the angles in said 
dividing line, good and sufficient stone monuments, lettered 
as the law provides ; and said selectmen shall also cause 
suitable monuments to be maintained and continued, showing 
the line between said town of Bolton and said town of 
Hudson, as they have hitherto existed, and shall cause said 
line to be perambulated in like manner and with the like 
penalties for neglect, as now by law is or are provided in 
respect to the boundary lines of cities and towns, until the 
next apportionment of senators dnd representatives in pursu- 
ance of the twenty-first and twenty-second articles of amend- 
ment of the constitution ; such penalties to be recovered 
against the said town of Hudson. 

Section 3. The said territory hereby transferred to said For election of 
town of Hudson, with the inhabitants thereon, shall, for the repre.°e'ntatke3 
purpose of electing senators, continue to be and remain a ^^ bohou/'"" 
part of the said town of Bolton ; and all the inhabitants 
residing upon the territory so transferred, shall, until other- 
wise provided for, by and under the constitution, always enjoy 
in relation to the election of senators, all the rights and privi- 
leges of, and in relation to voting in the said town of Bolton, 
which they would have possessed if this act had not been 
passed. And the said territory, hereby transferred to said county, state 
town of Hudson, with the inliabitants thereon, shall also ''"'^ u- s- °ffl<=«"- 
remain part of said town of Bolton for the purpose of 
electing the representatives to the general court to which 
the district of which said town of Bolton forms a part is 
entitled, and for the purpose of electing state and county 



64 ' 1868.— Chapter 79. 

officers, representative to congress and electors of president 
and vice-president of the United States, as said town of 
Bolton shall vote for the said officers, until the next decen- 
nial census, or until another apportionment be made in 
pursuance of the provisions of the constitution ; and the 
Selectmen of selcctmeu of Said town of Hudson shall make a true list of 

Hudson to make . , . , ,. . ^ , i^ t> li i i 

and post list of all pcrsous witlun the limits oi that part oi Isolton, hereby 
uve^copy to Bot anucxcd to said town of Hudson, qualified to vote at any such 
*°°- election, and shall post up the same in said town of Hud- 

son, and shall correct the same as required by law, and keep 
said list so posted up in said town of Hudson 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 select- 
men of said town of Bolton seven days at least before such 
Selectmen of Boi- elcctiou. And the selectmen of the said town of Bolton 
ton to revise list, gj^^jj^ g^f^^j, recciviug Said list, post up, revise and correct the 
same in the same manner as they revise the list of the voters 
of said town, and shall use said list at said elections with 
the general list of the voters of said town. 
Inhabitants an- SECTION 4. Tlic inhabitants of said territory, hereby 
to ''bt ' hetd** for annexed to said town of Hudson, shall be holden to pay all 
taxes due. arrcars of taxes which have been legally assessed upon them 

by said town of Bolton, and all taxes, heretofore assessed and 
not collected, shall be collected and paid to the treasurer of 
the town of Bolton, in the same manner as if this act had 
Apportionment uot becii passcd. Tlic Said town of Hudson shall pay to said 
coun^^texe^s"* towii of Boltoii, annually, in the month of November, one- 
fourth part of all state and county taxes that may be assessed 
in said year upon said town of Bolton previous to the next 
state valuation, and if the same are not paid in the said 
month of November in any year, the said town of Bolton 
may maintain an action therefor against the said town of 
Hudson. 
Support of pau- SECTION 5. Said town of Hudson shall be liable for the 
^^'^' support of all persons who now do, or shall hereafter stand 

in need of relief, as paupers, whose settlement was gained 
by, or derived from, a settlement gained or derived within 
the limits of that part of said town of Bolton hereby 
annexed to said town of Hudson ; and the said town of Hud- 
son shall also pay to the said town of Bolton, from time to 
time, as the expenses may be incurred by the said town of 
Bolton, one-fourth part of all moneys, expended by the said 
town of Bolton for the support or relief of any pauper or 
paupers who have gained a settlement in the said town of 
Bolton under and by virtue of the provisions of chapter two 
hundred and thirty of the acts of the year one thousand 



1868.— Chapter 80. 65 

eight hundred and sixty-five, and all acts now passed or 
that may hereafter be passed in addition or supplementary 
thereto : and if the said town of Hudson shall, upon the 
demand of the said town of Bolton therefor, refuse or for the 
space of ten days neglect to pay the same, the said town of 
Bolton may maintain an action therefor against the said town 
of Hudson. 

Section 6. The said town of Hudson shall pay to the Hudson to pay 

. , , ^ o li. -il • il il ^ J Bolton $10,000. 

said town of Bolton, witlnn three months irom the passage 
of this act, the sum of ten thousand dollars, with interest 
thereon, from the twentieth day of February, in the year 
eighteen hundred and sixty-eight. 

Section 7. The said town of Bolton shall convey to the Bouon to convey 
said town of Hudson, upon request of said town, by a good Hudson.""**^ 
and sufficient deed, the lot of land with the school-house 
thereon, belonging to said town of Bolton, and the appur- 
tenances thereto belonging, situated within the annexed 
territory; and the said town of Hudson shall receive no Hudson not uabie 
other part of the corporate property, and shall not be liable f""" 'o''" '^*''^*^- 
to pay any part of the debt of the said town of Bolton. 

Section 8. The said town of Hudson may assess upon Hudson may as- 

...,,.../. ,. ,.• 1 r> s^ess icbabitanta 

its inhabitants, irom time to time, sucli sums of money as topayBoitoa. 
the said town shall pay to the said town of Bolton, under 
the provisions of this act. 

Section 9. This act shall take effect upon its passage. 

Approved March 20, 1868. 
An Act to authorize the county commissioners op the Qfifji) gQ 

COUNTY OF HAMPDEN TO CONSTRUCT TWO DIKES IN THE TOWN 
OF WEST SPRINGFIELD. 

Be it enacted, ^x., as fullotcs : 

Section 1. The countv commissioners for the county of Hampden coun- 

TT 1 1, i"-!!!' 11 •'-ty commissioners 

Hampden, are lierebyautiiorized and directed to locate and tbconstmct dikes 
cause to be constructed, in the town of West Springfield, s'<:\a.^^^ spnng- 
two dikes, to wit : one on the south side of the highway 
between the toll-bridge and the Agawam bridge, and the 
other on or near the bank of the Connecticut River, loetween 
the bridge of the Boston and Albany Railroad Company 
and the common, for the purpose of protecting highways 
and private property from damage in times of freshet. 

Section 2. Before proceeding to locate the dikes, the to give pubHo 
commissioners shall cause to be published, for two successive au'parttrs'^inte" 
weeks, in the newspaper having the largest circulation in the •'*'®'^- 
county of Hampden, a notice of the time and place at which 
they will meet to fix and determine the location of the dikes, 
and hear all parties interested in relation to the same. A Description of lo- 
description of the location of the dikes shall be recorded in wrd"ed. ° 

16 



66 1868.— Chapter 80. 

the ofifice of the town clerk of West Springfield, within 

twenty days after such determination. 

Lands on which SECTION 3. Anv ucrson or persons employed by the corn- 
dikes are located . . /. ^ , ^ i. - -.1 j^i 
may be entered missioncrs, or actuig luidcr any contract with the commis- 

^^°°' sioners, to construct the dikes, shall have authority to enter 

upon the lands on which the dikes may be located, and such 

adjoining lands as may be required, for the purpose of 

constructing the same, pursuant to the order of the 

commissioners. 

Commissioners SECTION 4. After tlic Completion of the dikes, the commis- 

pense°betwe^n sioucrs shall determine the extent of territory benefited 

lands benefited! thereby, and what portion of the expense thereof shall be 

also, to award bomc by tlic towu, and what portion by the owners of the 

lands so benefited, and the amount of damages caused by 

the construction of the dikes to each of such owners, and 

To give public no- shall causc Q, uoticc of sucli determination, to be published 

in the newspaper having the largest circulation in the 

county, and shall also deposit a list of such owners, with the 

amount of damages awarded to each, in the office of the 

said town clerk, and also give notice thereof in said 

newspaper. 

Persons or corpo- SECTION 5. Within two moiiths after the first publication 

may'appfy^ora of thc uoticc of tlic determination of the commissioners, 

^"'■^" mentioned in the last preceding section, or after the list has 

been deposited in the clerk's office, the town, or any person 

or corporation aggrieved by such determination, may apply 

for a jury in like manner, and the proceedings thereupon 

shall be the same, as in the case of a jury called to act upon 

Application to laying out Or discontinuing highways: provided, that the 

specify objectioui "' i- x- in ^ • -c ^- c ±^ ^ • 4.- C 

to determiuatioa applicatiou sfiall contaiu specifications oi the objections oi 

commissioners ^j^^ party applying for a jury to the determination of the 

commissioners, to which specifications such party shall be 

Costs. confined upon the hearing before the jury. If, upon the 

hearing, the objections to the determination are not sus- 
tained, the costs arising upon the application shall be paid 
by the applicant, otherwise by the proprietors of the lands 
benefited, and the town, in the proportions required of them 
respectively for the construction of the dikes, and the com- 
missioners may, if they deem it expedient, determine anew 
the division of the expense and the territory benefited by 

Determination tlic dlkcs. Ally pcrsoii Or corporatiou neglecting to apply 

ofcomnii.'sion- „ . • ■:, i ^ • • n i i n i 

ers final, unless lor a jury ui tfic mauncr herein provided, sliail be con- 

for^wuhirlwo eluded by the determination of the commissioners, and shall 

months of no- j^qJ; \^q entitled to recover in an action at law or otherwise, 

any assessment, or any part thereof, which he may pay, or 

wliich may be collected of him under the provisions of this 

act. 



1868.— Chapter 80. 67 

Section 6. After two months from the final determina- how expense to 
tion of the commissioners, as to the division of the expense ersof^andsYe^e- 
and the extent of territory benefited by the dikes, that por- ^J^^^' and%ot 
tion of the expense of constructing the dilces, which shall 'ected. 
be borne by the owners of lands in the district benefited 
thereby, shall be equitably and ratably assessed by three 
assessors, to be appointed by the commissioners, and the 
assessments so made shall be collected by the collector of the 
town. In making the assessments, the damages awarded to 
any owner of land, shall be deducted from the amount to be 
assessed upon the land of such owner ; and if the damages 
shall exceed the benefits which the land of any owner shall 
derive from the dikes, the excess certified by the commis- 
sioners shall be paid to such owner by the town treasurer. 
Such assessment shall constitute a lien upon the real estate Assessments to 
assessed, in the same manner as taxes are a lien upon real reWstate'^^"" 
estate, and shall be collected in the manner provided by 
chapter twelve of the General Statutes for the collection of 
taxes. Any person aggrieved by the amount assessed to Person aggrieved 
him, shall be entitled to the remedies provided in sections Xitemeatf ^°^ 
forty-three, forty-four and forty-five of chapter eleven of the 
General Statutes. 

Section 7. The assessments, when collected, shall be paid Assessments to 

' Jt be paid to town 

to the treasurer of the town, and after such payment and treasurer. 
the construction of the dikes have been approved by the 
commissioners, the town shall be liable for all expenses law- '''°''° nabie for 

. ' , ,■ 1 ^ expenses of con- 

lully incurred lor such construction, and any person or per- struction. 
sons to whom money may be due for labor or materials 
furnished upon any contracts with the commissioners, or by 
their order, may recover the same of the town in an action 
of contract. 

Section 8. When any lands to be assessed under the now made, when v 
provisions of this act shall be held by a tenant for life or teuan^^ ^^^"^ ''^ 
years, the assessors shall determine how much damages shall 
be allowed, and how much shall be assessed to the tenant, 
and how much to the landlord or reversioner, and shall allow 
and assess the same accordingly. 

Section 9. The dikes constructed under this act shall be Dikes to be prop- 
held to be the property of the town, and by the town shall maiutiinedVit-- 
be maintained and repaired, and the town shall pay such cost of repairsj 

J. c ,\ x-iMT • 1^ • - T • ' how assessed. 

part 01 the expense oi reoiiilding, maintaining and repairing 
the same, as required by the commissioners upon the orjgi- 
nal construction thereof, and the balance of the expense 
shall be assessed by the assessors of tlie town upon the own- 
ers of lands in the district determined by the commissioners 
to be benefited as herein provided, and the assessments shall 



68 



1 868.— Chapters 81, 82. 



be collected in the same manner, and persons aggrieved shall 
be entitled to tlie same remedies as are herein provided in 
case of the first assessment. 

Section 10. This act shall take effect upon its passage. 

Approved March 20, 1868. 



FOR THE 



Chan 81 '^^ "^^^ ^^ incorporate the MASSACHUSETTS SOCIETY 
^ ' ' PREVENTION OF CRUELTY TO ANIMALS. 

Be it enacted, §'c., as follows : 

Section 1. William Gray, Samuel G. Howe, George T. 
Angell, their associates and successors, are hereby made a 
corporation by the name of the Massachusetts Society for the 
Prevention of Cruelty to Animals ; with all the powers and 
privileges, and subject to all the duties, liabilities and restric- 
tions set forth in all general laws which now are or here- 
after may be in force, relating to such corporations, with 
Real and pgrson- authority to liold real and personal estate for the purposes 
ai estate. ^^ ^jjg corporatiou, not exceeding in amount one hundred 

thousand dollars. 

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

Approved March 23, 1868. 



Corporators. 



Name. 



Powers and 
duties. 



Chap 2. 



Corporators. 



iPowers and 
duties. 



May construct 
turnpike from 

■Ocean Ilou'^ein 
North Chelsea 
to Salem turn- 

,pike. 



;Real and person- 
al estate. 



: Bridges. 



An Act to incorporate the chelsea beach and saugus bridge 
and turnpike company. 

Be it enacted, Sfc, as fuUoios : 

Section 1. Amos Tarleton, John F. Wiggin, Charles 
Penno, Lewis B. West, their associates and successors, 
are hereby made a corporation by the name of the Chelsea 
Beacli and Saugus Bridge and Turnpike Company; with all 
the powers and privileges, and subject to all the duties, lia- 
bilities and restrictions set forth in all general laws which 
now are, or may hereafter be in force relative to such corpo- 
rations. 

Section 2. The said corporation is hereby authorized and 
empowered to construct a turnpike from tlie road near the 
Ocean House in North Chelsea to the Salem turnpike, at a 
point opposite the junction of the Saugus road with the 
Salem turnpike in Saugus ; and in the line of the turnpike 
so to be constructed, to erect a bridge over Pines River 
between the towns of North Chelsea and Saugus, and also a 
bridge over Bear Creek in Saugus ; and to purchase and 
hold such real and personal estate as may be proper for that 
piu'pose, not exceeding in value the sum of twenty-five 
thousand dollars ; and the capital stock of said company shall 
be divided into shares of one hundred dollars each. Said 
bridges shall be well built, of suitable materials, at least 
twenty-four feet wide, and floored with planks, with sufficient 



1868.— Chapters 83, 84. 69 

railings on each side, and shall be kept in good repair at all width of road. 
times. Such turnpike shall be well constructed, so as to be 
safe and suitable for travel, and at least thirty-two feet wide. 

Section 3. Such corporation shall, erect a toll-gate at the Toii-gate atN. 
North Chelsea end of the bridge over Pines River, and at no 
other place. A toll is hereby granted to said corporation at Rates of toii. 
the following rates, namely : for each horse and rider, five 
cents ; for each gig, sulky, buggy, wagon or sleigh, without 
top, drawn by one horse ; for each chaise, cab, carryall, 
covered buggy or sleigh, drawn by one horse, ten cents ; for 
each coach, chariot, phajton or covered sleigh, drawn by two 
horses, fifteen cents ; and for each additional horse, five cents ; 
for each cart, wagon, sled, sleigh or other carriage of burden, 
drawn by one beast, ten cents : if drawn by two beasts, fifteen 
cents, and for each additional beast, five cents ; for each horse 
without a rider, four cents; for neat cattle, asses and mules, 
three cents each ; for sheep and swine, one cent each. 

Section 4. The said tolls shall commence on the day of toiu to com- 

,1 . f • 1 . MP 1 1 • 1 i • meuce when road 

the opennig oi said turnpike tor public use, and continue is opened for pub- 
iintil revoked by tlie legislature ; and at the place of receiv- '"^ "'*" 
ing said tolls there shall be constantly exposed to view a 
sign-board, with the said rates of toll fairly and legibly 
printed thereon. The rates of toll may be commuted with 
any person. 

Section 5. The assent of the boards of selectmen of the Location to be ap- 
towns of North Chelsea and Saugus shall be given to the me°nofN.^chei's'ea 
location of said turnpike and bridges. If said corporation andsaugus. 
shall neglect for the space of three years from the passage of 
this act, to build and finish said turnpike and bridges, then 
this act shall be of no effect. 

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

Approvedjlarch 23, 18G8. 
An Act to amend an act entitled an act to establish a fire f^L^^-^ CQ 

DEPARTMENT IN THE TOWN OF LOWELL. Ky t jJ, 

Be it enacted, §"c., as follotvs : 

Section 1. The chief engineer and the assistant engineers Engineers, how 
of the fire department in the city of Lowell may be removed "'"o^^'i-. 
at any time by the mayor and aldermen. 

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

Approved March 23, 1868. 

An Act concerning the propuietors of the new south meeting- p? qa 

HOUSE in boston, AND THE DISPOSITION OF THEIR ESTATE. yyllCip- 0±. 

Be it enacted, Sfc, as follotvs : 

Section 1. The prudential committee of " the Proprie- Real estate in 
tors of the New South Meeting-House in Boston" may sell fjjf^^yb^ 
at private sale or public auction, and convey, without 



70 1868.— Chapter 85. 

responsibility on the part of the pnrcliaser or purchasers 
for the application of the purchase money, the real estate of 
said corporation on the corner of Summer and Bedford 
Streets, in Boston, and -may execute and deliver any convey- 
After debts are anccs ucccssary to complete said sale ; and after paying 
be paid over to from thc procccds of said sale all debts of said corporation, 
Fraternit"y^°o7' ^^^^ s^^^ch sums for thc pews as may be fixed upon under the 
Churches in Bos- provisious of tlic thirty-niutli and forty -first sections of the 
thirtieth chapter of the General Statutes, shall pay over the 
balance and shall transfer any other property held by said 
corporation to the Benevolent Fraternity of Churches in the 
City of Boston, to be held in trust and used for the purposes 
ProTiso. of the public worship of God : provided, tliat they shall be 

authorized so to do by a vote of the majority of the said 
proprietors actually present and voting at a legal meeting 
thereof. 
Value of pews; SECTION 2. lu casc of disagreement as to the value of 

how determined. . . ^ r- -i -i i • • 

any pew, its price may be fixed under the provisions of the 
forty-first section of the thirtieth chapter of the General 
Statutes. 
E^ee"t'T'L <:om- SECTION 3. The cxecutive committee of said Benevolent 

mitteeof Benev- . fy-iii ii- ii 

oient Fraternity J^ ratcmity 01 Uhurches, and their successors, are hereby 

of Churches made i ,• ij.i c ^\ t\ ±- n 

a corporation, iiiadc a corporatiou, under the name oi the Ji/xecutivc Com- 
mittee of the Benevolent Fraternity of Churches, and are 
authorized to take and hold any property and execute any 
trusts now held by the deacons of the New South Church in 
Boston, which the supreme judicial court, on petition of said 
deacons may, by any order or decree, transfer to said execu- 
tive committee. 
Proprietors of SECTION 4. Thc Proprictors of the New South Meeting- 
ing'^iiouse mty Housc ill Bostou may hereafter take and hold by purchase 
hold property. ^^, othcrwisc, aud occupy for the purposes for which they 
were incorporated, real estate in any part of the city of 
Boston, and may continue to enjoy their existing rights, 
privileges and immunities, except so far as they may have 
parted witli the same, under tlie provisions of* this act. 
Section 5. This act shall take effect upon its passage. 

Approved March 23, 1868. 



Chap. 85. 



An Act to incorporate the union print works of fall river. 

Be it enacted, Sfc, as follows: 
Corporators. SECTION 1. S. Augicr Chacc, Samucl Hathaway, Charles 

0. Sliove, their associates and successors, are hereby made a 
Name and pur- Corporation by the name of the Union Print Works, for the 
'P°^®- purpose of printing, dyeing and bleacliing cotton and woolen 

iPowersand p;oods ill tlic city of Fall River; with all the privileges, and 

• duties. ° '' ' J. o 7 



1868.— Chapters 86, 87, 88. 71 

subject to all the duties, restrictions and liabilities set forth 
in all general laws, which now are or may hereafter be in 
force, relating to such corporations. 

Section 2. Said corporation may hold, for the purposes Real estate. 
aforesaid, real estate necessary and convenient for its 
business, to amount not exceeding four hundred thousand 
dollars, and the whole capital stock shall not exceed one mil- capital stock and 
lion dollars, divided into shares of one hundred dollars 
each : provided, however, that said corporation shall not go 
into operation until three hundred thousand dollars of its 
capital stock has been paid i^i in cash. 

Section 3. Any corporation in Pall River manufacturing certain corpora- 
cotton or woolen goods designed for printing, dyeing or may'tabe^stocb!"^ 
bleaching, may hold, not exceeding twenty-five per cent., of 
the stock in said print works : provided, said corporation shall Proviso. 
have so decided by a vote of two-thirds of its stock, repre- 
sented at any meeting specially called for that purpose. 

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

Approved March 26, 1868. 

An Act concerning the vineyard sound railroad company. Chan. 86. 

Be it enacted, cVc, as follows : 

Section 1. The time allowed the Vineyard Sound Rail- Time extended 
road Company by chapter one hundred and two of the acts cous°?ucMng" 
of the year eighteen hundred and sixty-seven, for filing the '°'^'^' 
location and for completing the construction of its railroad, 
is hereby extended two years beyond the time allowed in 
said act. 

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

Approved March 27, 1868. 
An Act concerning the fees of witnesses for attendance Qhrin S7 

IN THE probate COURTS. ' ' 

Be it enacted, §'c., as folloios : 

Section 1. The fees of witnesses for attendance in the Fees, $1.2.5 each 
probate courts shall be one dollar and twenty-five cents a ^^' 
day. 

Section 2. So much of section eight of chapter one hun- Repeal. 
dred and fifty-seven, of the General Statutes, as is inconsis- 
tent with this act, is hereby repealed. 

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

Approved March 27, 1868. 
An Act to increase the capital stock of the chicopee manu- Qhnri 9,9, 

FACTURING COMPANY. / * 

Be it enacted, Sfc, as follows : 

Section 1. The Chicopee Manufacturing Company, estab- .$.580,000 addi- 
lished in Chicopee, is hereby authorized to increase its capital s'tock. '^*^"*' 



72 1868.— Chapters 89, 90. 

stock by an amount not exceeding five hundred and eighty 
thousand dollars, the same to be divided into shares of one 
hundred dollars each ; and to hold real estate necessary and 
convenient for the purposes of its business, not exceeding 
four hundred and fifty thousand dollars. 

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

Ap2)roved March 27, 1868. 

Chnil 8Q '^'^ ^^^ RKQUIRING THE EASTERN RAILROAD COMPANV TO ESTAB- 
-/ * LISH A FLAG-STATION AT " KNIGHT'S CROSSING," IN THE TOWN OF 

NEWBURY. 

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

Eastern Railroad SECTION 1. The Eastom Railroad Company is hereby 
st'aHon" and 'sta- required to establish and maintain on the line of its railroad, 
Ku'i^ht"*" Cross- ^t " Kniglit's Crossing," so called, in the town of Newbury, 
ing fn Newbury, a flag-statiou ; audtoercct at said place a station-house, 
reasonably commodious for the use of passengers and the 
accommodation of freight ; at which at least two trains each 
way shall stop each day, upon the proper signals being made : 
and said company is hereby authorized to take such land as 
shall be necessary for the erection of such station-house, and 
for approaches thereto, under the provisions of the sixty-third 
chapter of the General Statutes, 
station-house to SECTION 2. Said statiou-housc shall be ready for the 
juiyT^ises'^u'Jf- accommodation of passengers and freight by the first day of 
der penalty. July ucxt ; and said Eastern Railroad Company shall forfeit 
and pay the sum of two hundred dollars for each month's 
delay in the establishment of said station after said first day 
of July, to be recovered to the use of the Commonwealth. 
Section 3. This act shall take effect upon its passage. 

Approved March 27, 1868. 



Chap. 90. 



An Act to incorporate the newburyport and plum island 

street railway company. 
Be it enacted, §'c., as folloios : 

Corporators. Section 1. Samucl A. Smith, Joseph H. Smith, Moses B. 

Jackman, their associates and successors, are hereby made a 
corporation under the name of the Newburyport and Plum 
Island Street Railway Company, for the purpose of construct- 
ing and using a street railroad, from a point at or near the 
street railroad in foot of Marlborougli Street, in Newburyport, on Water 
Newburyport. g^^.g^t;, to Plum Islaud, so-callcd ; with all the powers and 
privileges, and subject to all the duties, restrictions and 
liabilities set forth in all general laws which now are, or 
may hereafter be in force relating to street railroad corpora- 
tions. 



1868.— Chapters 91, 92, 93. ' 73 

Section 2. The capital stock of said corporation shall capital stock. 
not exceed the sum of twenty thousand dollars. 

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

Approved March 30, 1868. 

An Act to incorporate the east abington savings bank. Clia'O 91. 

Be it enacted, Sfc, as follows : 

Section 1. Sumner Shaw, Franklin Poole, Washington corporators. 
Reed, their associates and successors, are hereby made a 
corporation by the name of the East Abington Savings Bank, 
to be located in that part of the town of Abington called East 
Abington ; with all the powers and privileges, and sub- rowers and privi- 
ject to all the duties, liabilities and restrictions set forth 
in all general laws which now are or may hereafter be in 
force in this Commonwealth relating to institutions for 
savings. 

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

Approved March 30, 1868. 



Chap. 92. 



An Act fixing the salary of the treasurer op the counts' 

of dukes county. 
Be it enacted, Sec, as folloios : 

Section 1. The treasurer of the county of Dukes County salary, $200. 
shall receive in quarterly payments from the treasury of 
said county, an annual salary of two hundred dollars. 

Section 2. The salary herein provided shall be paid from when to date 
the first of January last. ^°"^' 

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

Approved March 30, 1868. 



Chap. 93. 



An Act to establish the office of assistant attorney- 
general. 

Be it enacted, Sfc, as follows. • 

Section 1. The attorney-general is authorized to appoint Attomey-^enerai 
an assistant, who, at his request and under his direction, Snt!''*"'" 
shall aid the attorney-general in the performance of his 
official duties. 

Section 2. Said assistant attorney-general shall receive salary. 
for his services an annual salary of eighteen hundred dollars 
from the treasury of the Commonwealth. 

Section 3. All acts authorizing the attorney-general to Repeal, 
employ clerical assistance, and in relation to the clerk of the 
attorney-general, are hereby repealed. 

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

Approved March 31, 1868. 
17 



74 



1868.— Chapter 94 



Chap. 



Assessment of 
cities and towns 



Counties : 
Suffolk. 



Essex. 



Middlesex. 



94. -^^ ^'^'^ '^^ APPORTION AND ASSESS A STATE TAX OP TWO MILLION 

DOLLARS. 

Be it enacted, §-c., as follows : 

Section 1. Each city and town in this Commonwealth 
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, seven hundred twenty-three 
thousand one hundred and forty dollars ; Chelsea, sixteen 
thousand one hundred dollars ; North Chelsea, one thousand 
six hundred and eighty dollars ; Winthrop, nine hundred 
dollars. 

Essex County. — Amesbury, three thousand eight hun- 
dred and eighty dollars ; Andover, five thousand seveU; 
hundred dollars ; Beverly, seven thousand three hundred 
and forty dollars ; Boxford, one thousand three hundred 
dollars ; Bradford, one thousand eight hundred and twenty 
dollars ; Danvers, four thousand eight hundred and sixty 
dollars ; Essex, two thousand dollars ; Georgetown, one 
thousand seven hundred and eighty dollars ; Gloucester, 
ten thousand one hundred and eighty dollars; Groveland, 
one thousand five hundred and forty dollars ; Hamilton, 
one thousand dollars ; Haverhill, ten thousand two hundred 
and sixty dollars ; Ipswich, three thousand three hundred 
and forty dollars ; Lawrence, twenty-two thousand eight 
hundred and forty dollars ; Lynn, twenty thousand eight 
hundred and forty dollars; Lynnfield, one thousand two 
hundi^ed and forty dollars ; Manchester, one thousand seven 
hundred dollars; Marblehead, five thousand five hundred 
and sixty dollars ; Methuen, two thousand eight hundred 
and forty dollars; Middleton, eight hundred and forty dol- 
lars; Nahant, nine hundred and sixty dollars; Newbury, 
one thousand six hundred dollars ; Newburyport, fifteen 
thousand six hundred dollars ; North Andover, three thou- 
sand seven hundred and sixty dollars ; Rockport, two thou- 
sand nine hundred and sixty dollars ; Rowley, one thousand 
one hundred and sixty dollars ; Salem, thirty-one thousand 
nine hundred and forty dollars ; Salisbury, three thousand 
six hundred and sixty dollars ; Saugus, two thousand six 
hundred and sixty dollars ; South Danvers, seven thousand 
nine hundred and forty dollars ; Swampscott, two thousand 
eight hundred and forty dollars ; Topsfield, one thousand 
four hundred and sixty dollars ; Wenham, one thousand 
dollars ; West Newbury, two thousand one hundred dollars. 

Middlesex County. — Acton, one thousand eight hundred 
and forty dollars ; Arlington, five thousand five hundred and 



1868.— Chapter 94. 75 

forty dollars ; Ashby, one thousand one hundred and sixty 
dollars ; Ashland, one thousand five hundred and twenty 
dollars ; Bedford, one thousand and forty dollars ; Belmont, 
six thousand tiiree hundred and forty dollars ; Billerica, two 
thousand two hundred and sixty dollars; Boxborough, five 
hundred and twenty dollars ; Brighton, seven thousand four 
hundred dollars ; Burlington, eight hundred and sixty dol- 
lars ; Cambridge, fifty thousand four hundred and twenty 
dollars ; Carlisle, seven hundred and sixty dollars ; Charles- 
town, thirty-six thousand nine hundred and sixty dollars ; 
Chelmsford, three thousand one hundred and sixty dollars ; 
Concord, three thousand three hundred* and forty dollars ; 
Dracut, two thousand four hundred dollars ; Dunstable, 
eight hundred dollars ; Framingham, five thousand eight 
hundred dollars ; Groton, three thousand four hundred 
dollars; Holliston, three thousand three hundred and eighty 
dollars ; Hopkinton, three thousand six hundred and sixty 
dollars ; Lexington, three thousand five hundred and forty 
dollars ; Lincoln, one thousand tw'o hundred and forty dol- 
lars ; Littleton, one thousand three hundred and twenty 
dollars ; Lowell, forty-one thousand four hundred and eighty 
dollars ; Maiden, eight thousand five hundred and twenty 
dollars ; Marlborough, six thousand one hundred and twenty 
dollars ; Medford, ten thousand six hundred and twenty 
dollars ; Melrose, three thousand five hundred and eighty 
dollars; Natick, four thousand three hundred dollars; 
Newton, eighteen thousand seven hundred and forty dollars ; 
North Reading, one thousand two hundred and eighty dol- 
lars ; Pepperell, two thousand and twenty dollars ; Reading, 
two thousand eight hundred dollars ; Sherborn, one thousand 
seven hundred and sixty dollars ; Shirley, one thousand four 
hundred and sixty dollars ; Somerville, eleven thousand five 
hundred and twenty dollars ; South Reading, three thousand 
seven hundred an'd sixty dollars ; Stoneham, three thousand 
one hundred and forty dollars ; Stow, one thousand six hun- 
dred and eighty dollars ; Sudbury, two thousand two hun- 
dred dollars ; Tewksbury, one thousand five hundred and 
sixty dollars ; Townsend, one thousand seven hundred and 
eighty dollars; Tyngsborough, seven hundred and forty dol- 
lars ; Waltham, ten thousand eight hundred and sixty dol- 
lars ; Watertown, five thousand five hundred and eighty 
dollars.; Wayland, one thousand four hundred dollars;- 
Westford, two thousand and eighty dollars; Weston, two 
thousand one hundred and eighty dollars ; Wilmington, 
one thousand one hundred and eighty dollars ; Winchester, 
two thousand nine hundred and twenty dollars; Woburn, 
ten thousand five hundred dollars. 



76 1868.— Chapter 94. 

Worcester. Worcester County. — Ashburnham, one thousand eight 

hundred and eighty dollars ; Athol, two thousand six hun- 
dred and twenty dollars ; Auburn, one thousand and eighty 
dollars ; Barre, three thousand seven hundred and eighty 
dollars ; Berlin, nine hundred and forty dollars ; Blackstone, 
four thousand six hundred and twenty dollars ; Bolton, one 
thousand lour hundred and sixty dollars ; Boylston, one 
thousand dollars ; Brookfield, two thousand two hundred 
and forty dollars ; Charlton, two thousand and twenty 
dollars; Clinton, four thousand two hundred dollars ; Dana, 
six hundred dollars ; Douglas, two thousand and twenty 
dollars ; Dudley, one thousand five hundred and sixty dol- 
lars ; Fitchburg, nine thousand one hundred and sixty dol- 
lars ; Gardner, two thousand one hundred and eighty dollars ; 
Grafton, three thousand nine hundred and eighty dollars ; 
Hardwick, two thousand three hundred dollars ; Harvard, 
one thousand nine hundred and eighty dollars ; Holden, 
one thousand eight hundred and eighty dollars ; Hubbards- 
ton, one thousand six hundred and twenty dollars ; Lan- 
caster, two thousand one hundred dollars ; Leicester, three 
thousand four hundred dollars ; Leominster, four thousand 
one hundred and forty dollars ; Lunenburg, one thousand 
five hundred and forty dollars ; Mendon, one thousand four 
hundred and forty dollars ; Milford, eight thousand one 
hundred and twenty dollars ; Millbury, three thousand one 
hundred and eighty dollars ; New Braintree, one thousand 
one hundred and forty dollars ; Northborough, one thou- 
sand eight hundred and sixty dollars ; Northbridge, two 
thousand five hundred dollars ; North Brookfield, two thou- 
sand three hundred and sixty dollars ; Oakham, seven 
hundred and sixty dollars ; Oxford, two thousand five hun- 
dred and eighty dollars ; Paxton, six hundred and eighty 
dollars ; Petersham, one thousand five hundred dollars ; 
Phillipston, seven hundred and twenty dollars ; Princeton, 
one thousand six hundred and forty dollars ; Royalston, one 
thousand five hundred and sixty dollars ; Rutland, one 
thousand one hundred and sixty dollars ; Shrewsbury, two 
thousand one hundred and sixty dollars ; Southborough, 
two thousand and sixty dollars ; Southbridge, three thou- 
sand seven hundred and eighty dollars ; Spencer, three 
thousand one hundred and forty dollars ; Sterling, two 
thousand two hundred and sixty dollars ; Sturbridge, one 
thousand nine hundred and sixty dollars ; Sutton, two thou- 
sand four hundred and eighty dollars ; Templeton, two 
thousand three hundred and twenty dollars ; Upton, one 
thousand seven hundred and forty dollars ; Uxbridge, three 



1868.— Chapter 94 77 

thousand four hundred and forty dollars ; Warren, two 
thousand two hundred and sixty dollars ; Webster, two 
thousand five hundred and twenty dollars ; Westborough, 
three thousand and twenty dollars ; West Boylston, one 
thousand nine hundred and sixty dollars ; West Brookfield, 
one thousand five hundred and forty dollars ; Westminster, 
one thousand six hundred and twenty dollars ; Winchendon, 
two thousand seven hundred and eighty dollars ; Worcester, 
forty thousand eight hundred and sixty dollars. 

Hampshire Counlij. — Amherst, three thousand nine hun- Hampshire. 
dred dollars ; Belchertown, two thousand five hundred and 
forty dollars ; Chesterfield, eight hundred and sixty dollars ; 
Cummington, eight hundred and twenty dollars ; East- 
hampton, three thousand four hundred dollars ; Enfield, 
one thousand two hundred and eighty dollars ; Goshen, 
three hundred and sixty dollars ; Granby, one thousand and 
forty dollars ; Greenwich, six hundred dollars ; Hadley, 
two thousand seven hundred and twenty dollars ; Hatfield, 
two thousand eight hundred and forty dollars ; Huntington, 
nine hundred and sixty dollars ; Middlefield, seven hundred 
and eighty dollars ; Northampton, nine thousand eight hun- 
dred and forty dollars ; Pelham, five hundred dollars ; 
Plainfield, five hundred and eighty dollars ; Prescott, five 
hundred and twenty dollars ; South Hadley, two thousand 
three hundred and eighty dollars ; Southampton, one thou- 
sand one hundred and twenty dollars ; Ware, two thou- 
sand nine hundred and sixty dollars ; Westharapton, six 
hundred and twenty dollars ; Williamsburg, two thousand 
three hundred and forty dollars ; Worthington, nine hun- 
dred and twenty dollars. 

Hampden County. — Agawam, one thousand eight hun- Hampden, 
dred dollars ; Blandford, one thousand two hundred dollars ; 
Brimfield, one thousand five hundred and forty dollars ; 
Chester, one thousand and eighty dollars ; Chicopee, seven * 

thousand one hundred and twenty dollars ; Granville, one 
thousand two hundred and twenty dollars ; Holland, three 
hundred dollars ; Holyoke, five thousand five hundred and • 

forty dollars ; Longmeadow^ two thousand one hundred 
dollars ; Ludlow, one thousand and forty dollars ; Monson, 
two thousand eight hundred and sixty dollars ; Montgomery, 
three hundred and sixty dollars ; Palmer, two thousand 
eight hundred and sixty dollars ; Russell, five hundred dol- 
lars ; Southwick, one thousand three hundred and twenty 
dollars ; Springfield, twenty-eight thousand five hundreds 
dollars ; Tolland, six hundred and forty dollars ; Wales, 
five hundred and eighty dollars ; Westfield, seven thousand 



78 



1868.— Chapter 94. 



Franklin. 



Berkshire. 



and forty dollars ; West Springfield, two thousand seven 
hundred and sixty dollars ; Wilbraham, one thousand nine 
hundred and sixty dollars. 

Franklin County. — Ashfield, one thousand three hundred 
and sixty dollars ; Bernardston, one thousand and forty dol- 
lars ; Buckland, one thousand three hundred and forty dol- 
lars ; Charleniont, eight hundred and sixty dollars ; Colrain, 
one thousand four hundred and forty dollars ; Conway, one 
thousand six hundred dollars ; Deerfield, two thousand 
seven hundred and sixty dollars ; Erving, four hundred 
and twenty dollars ; Gill, eight hundred and forty dollars ; 
Greenfield, four thousand dollars ; Hawley, six hundred 
dollars ; Heath, five hundred and forty dollars ; Leverett, 
six hundred and eighty dollars ; Leyden, six hundred dol- 
lars ; Monroe, two hundred dollars ; Montague, one thou- 
sand four hundred dollars ; New Salem, eight hundred and 
forty dollars ; Northfield, one thousand six hundred and 
twenty dollars ; Orange, one thousand five hundred and 
forty dollars ; Rowe, four hundred and twenty dollars ; Siiel- 
burne, one thousand seven hundred and eighty dollars ; 
Shutesbury, five hundred and forty dollars ; Sunderland, 
nine hundred and 'twenty dollars ; Warwick, six hundred 
and forty dollars ; Wendell, four hundred and eighty dol- 
lars ; Whately, one thousand four hundred and forty dollars. 

Berkshire County. — Adams, seven thousand three hundred 
and twenty dollars ; Alford, seven hundred dollars ; Becket, 
one thousand one hundred and forty dollars ; Cheshire, one 
thousand five hundred and sixty dollars ; Clarksburg, three 
hundred and twenty dollars ; Dalton, one thousand nine 
hundred and twenty dollars ; Egremont, one thousand two 
hundred and twenty dollars ; Florida, five hundred and 
sixty dollars ; Great Barrington, four thousand six hundred 
and twenty dollars ; Hancock, one thousand dollars ; Hins- 
dale, one thousand seven hundred and twenty dollars ; 
Lanesborough, one thousand four hundred and twenty dol- 
lars ; Lee, three thousand six hundred and eighty dollars ; 
Lenox, one thousand eight hundred dollars ; Monterey, six 
hundred and eighty dollars ; J^Iount Washington, two hun- 
dred dollars ; New Ashford, two hundred and twenty dollars ; 
New Marlborough, one thousand four hundred and twenty 
dollars ; Otis, eight hundred dollars ; Peru, four hundred 
and eighty dollars ; Pittsfield, twelve thousand nine hundred 
and sixty dollars ; Richmond, one thousand one hundred 
^dollars ; Sandisfield, one thousand three hundred and eighty 
dollars ; Savoy, six hundred and eighty dollars ; Shefheld, 
two thousand six hundred and twenty dollars ; Stockbridge, 



1868.— Chapter 94. 79 

two thousand six hundred and sixty dollars ; Tyringham, 
six hundred and sixty dollars ; Washington, six hundred 
and sixty dollars ; West Stockbridge, one thousand four 
hundred and forty dollars ; Willianistown, two thousand 
five hundred and twenty dollars ; Windsor, seven hundred 
dollars. 

Norfolk County. — Bellingham, one thousand and eighty Norfolk. 
dollars; Braintree, three thousand five hundred and eighty 
dollars ; Brookline, twenty-one thousand seven hundred dol- 
lars ; Canton, four thousand five hundred and sixty dollars ; 
Cohasset, two thousand five hundred dollars ; Dedham, nine 
thousand nine hundred and twenty dollars ; Dorchester, 
twenty-three thousand eight hundred and eighty dollars ; 
Dover, seven hundred and sixty dollars ; Foxborough, two 
thousand eight hundred and forty dollars; Franklin, two 
thousand three hundred and twenty dollars ; Medfield, one 
thousand three hundred and twenty dollars ; Medway, two 
thousand eight hundred and sixty dollars; Milton, seven 
thousand nine hundred and twenty dollars ; Needham, three 
thousand seven hundred and twenty dollars ; Quincy, seven 
thousand nine hundred and forty dollars ; Randolph, six 
thousand three hundred and twenty dollars ; Sharon, one 
thousand five hundred and eighty dollars ; Stoughton, four 
thousand and forty dollars ; Walpole, two thousand four 
hundred and forty dollars ; Weymouth, seven thousand 
nine hundred dollars ; West Roxbury, nineteen thousand 
five hundred and eighty dollars ; Wrentham, three thousand 
and eighty dollars. 

Bristol CouriPy. — Acushnet, one thousand four hundred Bristol. 
dollars; Attleborough, five thousand and eighty dollars; 
Berkley, seven hundred and forty dollars ; Dartmouth, four 
thousand nine hundred and sixty dollars ; Dighton, one 
thousand eight hundred dollars ; Easton, four thousand 
and eighty dollars ; Fairhaven, three thousand six hundred 
and eighty dollars ; Fall River, twenty-five thousand eight 
hundred and forty dollars ; Freetown, one thousand five 
hundred and forty dollars ; Mansfield, one thousand eight 
hundred dollars ; New Bedford, thirty-nine thousand five 
hundred and forty dollars ; Norton, one thousand eight 
hundred and eighty dollars ; Raynham, two thousand three 
hundred dollars ; Rehoboth, one thousand seven hundred 
and twenty dollars ; Seekonk, one thousand and eighty 
dollars ; Somerset, one thousand nine hundred and forty 
dollars ; Swanzey, one thousand six hundred and forty 
dollars ; Taunton, seventeen thousand seven hundred dollars ; 
Westport, three thousand one hundred and eighty dollars. 



80 



1868.— Chapter 94. 



Plymouth. 



Barnstable. 



Dukes. 



Nantucket. 



Recapitulation of 
counties. 



Plymouth County. — Abing;ton, seven thousand four hun- 
dred and twenty dollars ; Bridgewater, four thousand three 
hundred and sixty dollars ; Carver, one thousand and sixty 
dollars ; Duxbury, two thousand three hundred and sixty 
dollars ; East Bridgewater, two thousand eight hundred and 
forty dollars ; Halifax, eight hundred dollars ; Hanover, 
one thousand six hundred and sixty dollars ; Hanson, one 
thousand and eighty dollars ; Hingham, five thousand and 
sixty dollars ; Hull, three hundred and twenty dollars ; 
Kingston, two thousand six hundred and eighty dollars ; 
Lakeville, one thousand two hundred and eighty dollars ; 
Marion, one thousand and twenty dollars ; Marshfield, one 
thousand eight hundred and eighty dollars ; Mattapoisett, 
one thousand three hundred dollars ; Middleborough, four 
thousand eight hundred and eighty dollars ; North Bridge- 
water, five thousand four hundred and twenty dollars ; 
Pembroke, one thousand three hundred and sixty dollars ; 
Plymouth, six thousand eight hundred and twenty dollars; 
Plympton, seven hundred and twenty dollars ; Rochester, 
one thousand two hundred and sixty dollars ; Scituate, two 
thousand and sixty dollars ; South Scituate, one thousand 
eight hundred and twenty dollars ; Wareham, two thousand 
one hundred and eighty dollars ; West Bridgewater, two 
thousand and forty dollars. 

Barnstable County. — Barnstable, four thousand nine hun- 
dred and sixty dollars ; Brewster, one thousand six hun- 
dred and eighty dollars ; Chatham, two thousand five 
hundred and forty dollars ; Dennis, two thousand seven 
hundred and sixty dollars ; Eastham, five hundred and 
eighty dollars ; Falmouth, three thousand dollars ; Harwich, 
two thousand five hundred and sixty dollars ; Orleans, one 
thousand four hundred dollars ; Provincetown, three thou- 
sand four hundred and eighty dollars ; Sandwich, three 
thousand seven hundred dollars ; Truro, one thousand and 
forty dollars ; Wellfleet, one thousand seven hundred and 
sixty dollars ; Yarmouth, three thousand and forty dollars. 

Dukes County. — Chilmark, seven hundred and sixty dol- 
lars ; Edgartown, two thousand two hundred and sixty dol- 
lars ; Gosnold, two hundred and twenty dollars ; Tisbury, 
one thousand five hundred and eighty dollars. 

Nantucket County. — Nantucket, four thousand eight hun- 
dred and sixty dollars. 

Recapitulation. 
Suffolk County, seven hundred and forty-one thousand 
eight hundred and twenty dollars ; Essex County, one hun- 
dred and ninety thousand five hundred dollars ; Middlesex 



1868.— Chapter 94. 81 

County, three hundred and fourteen thousand four hun- 
dred and twenty dollars ; Worcester County, one hundred 
seventy-seven thousand four hundred dollars ; Hampshire 
County, forty-three thousand eight hundred and eighty dol- 
lars ; Hampden County, seventy-two thousand three hun- 
dred and twenty dollars ; Franklin County, twenty-nine 
thousand nine hundred dollars ; Berkshire County, sixty 
thousand one hundred and sixty dollars ; Norfolk County, 
one hundred forty-one thousand eight hundred and forty 
dollars ; Bristol County, one hundred and twenty-one thou- 
sand nine hundred dollars ; Plymouth County, sixty-three 
thousand six hundred and eighty dollars ; Barnstable County, 
thirty-two thousand five hundred dollars; Dukes County, 
four thousand eight hundred and twenty dollars ; Nantucket 
County, four thousand eight hundred and sixty dollars. 

Section 2. The treasurer of the Commonwealth shall Treasurer of 

„,., -It' .1 /.!• ]• 1 Commonwealth 

forthwith send his warrant, with a copy ot this act, directed to issue warrant. 
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 city, town and county taxes, to be assessed 
by them, respectively, on each city or town. 

Section 8. The treasurer, in his said warrant, shall re- —to require se- 
quire the said selectmen or assessors to pay, or to issue their ioM^oVs^ wa?- 
several warrant or warrants requiring the treasurers of their ™"ts ♦» <^'^^y °^ 

. . 1 town treasurers. 

several cities or towns to pay, to the said treasurer ot the 
Commonwealth, on or before the first day of December, in 
the year one thousand eight hundred and sixty-eight, the 
sums set against said cities or towns in the schedule afore- 
said ; and the selectmen or assessors, respectively, shall Names of treas- 

. ,.£• i f ii Oil • J_^ »rer9 and sums 

return a certificate oi tlie names ot such treasurers, with required to be re- 
the sum which each may be required to collect, to the said '"'■°'''^- 
treasurer of the Commonwealth, at some time before the 
first day of October next. 

Section 4. If the amount due from any city or town, as Treasurer of the 
provided in this act, is not paid to the treasurer of the Com- ^o°Tt°fyleiin- 
monwealth within the time specified, then the said treasurer J"*"' "^'^^ °^ 

, , , • n 1 ' .111 tovin treasurers. 

sliall notity the treasurer ot said delinquent city or town, 
who shall pay into the treasury of the Commonwealth, in 
addition to the tax, such further sum as would be equal to 
one per centum per month during such delinquency, dating 
on and after the first day of December next ; and if the 
same remains unpaid after the first day of January next, 
an information may be filed by the treasurer of the Com- 

18 



82 1868.— Chapters 95, 96, 97. 

monwealth in tlie supreme judicial court, or before any jus- 
tice thereof, against sucii delinquent city or town ; and upon 
notice to such city or town, and a summary hearing thereon, 
a warrant of distress may issue against such city or town, 
to enforce the payment of said taxes, under such penalties 
as said court, or the justice thereof before whom the hearing 
is had, shall order. 

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

Approved April 1, 1868. 

Chap. 95. -^N Act to exempt from attachment the earnings of the 

WIFE AND MINOR CHILDREN OF A DEBTOR. 

Be it enacted, Sfc, as Jollows : 
Earnings of debt- SECTION 1. No pci'son sliall be adjudged a trustee by 

or's wife and chil- « t,-i-iii r> ,i 

dren exempt from rcasou 01 any moucy or credits in his hands, due tor the 
attachment. "v^agos of tlic pcrsoual labor or services of the wife or minor 
children of the defendant in trustee process. 

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

Approved April 1, 1868. 

Chat). 96 -^-^ ■^'-^'^ AUTHORIZING THE FITCHBURG RAILROAD COMPANf TO CON- 
■^' ' STRUCT A BRANCH ROAD IN WALTHAM. 

Be it enacted, Sfc, as follows: 

Fitchburg Rail- SECTION 1. Tlic Fitchburg Railroad Company are hereby 
may build branch autliorizcd to locatc, coiistruct and maintain a branch rail- 
roadinwaitham. ^,^^^ -^^ ^^^^ ^^^^^ ^^ Waltliam, beginning at a point between 

Jackson and Elm Streets, on the trunk road of said company, 
and extending in a south-westerly or southerly direction, 
crossing North River Street at grade, to said company's 
branch road, called the Watertown Branch Railroad. 
Section 2. This act shall take effect upon its passage. 

Approved April 1, 1868. 

Chan. 97. ^^ ■^^'^ "^^ incorporate the ALBANY street FREIGHT RAILWAY 
-' ' * COMPANY. 

Be it enacted, Sfc, as follows: 

Albany Street Section 1. Jarvis Williams, Adams Ayer and Amos B. 
cot'hl'BM'ton."'^ Merrill, their associates and successors, are hereby made a 
corporation by the name of the Albany Street Freight Rail- 
way Company ; with all the privileges, and subject to all the 
duties, restrictions and liabilities, set 'forth in all general 
laws which now are or may hereafter be in force relating to 
street railway corporations, so far as they may be applicable. 
Trnr-ks to be laid Section 2. Said corporatlou, lu such manner as maybe 
""'he aldermen prcscribcd aiid dircctcd by the board of aldermen of the city 
of Boston. Qf Boston, may construct, maintain and use a street railway 

with suitable turnouts, and with such tracks and branch 
tracks as the board of aldermen may from time to time 
permit ; the rails for said tracks to be of such pattern as the 



1868.— Chapter 98. 83 

board of aldermen may prescribe, and to be also suitable for From Albany 

., r • ^ J . '' '^ • i ii -i. Street, to connect 

railway ireight cars ni common use ; commencing at the city „ith the Boston 
stal)les on Albany street in Boston ; thence through Albany roa1ilnd°he oid 
and Lehigh streets to a connection with the tracks of the ^o'ony and New- 

_, ° T . 1, -r-. •! 1 1 1 A- ii • port llailroad. 

JBostoii and Albany Railroad ; and may also continue their 
tracks on Lehigh and South streets to a connection with the 
tracks of the Old Colony and Newport Railway ; and said 
corporation may also extend their tracks from the city stables 
southward upon Albany street to such distance as the board 
of aldermen may from time to time permit ; but said corpo- 
ration shall have no power to connect with or run over the 
tracks of any street railway company other than the Marginal 
Freight Railway Company. 

Sections. Said railway shall be used by said corpora- to be u?ed to 
tion for the transportation of freight only, and the cars on*iy!^°'^ "^ 
thereon shall be drawn by horse power only, unless the use 
of other motive power shall be sanctioned by said board of M^tiye power. 
aldermen ; and said corporation shall have power to fix such '^°"^- 
tolls for the transportation of freight as they may from time 
to time deem expedient : provided, that such tolls shall Proviso. 
only be 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 4. Said corporation, to carry into effect the pur- May unite with 

/. .1 • , •, ..i -i ,. other railway 

poses 01 this act, may unite with any railway corporation on corporations, 
such terms as may be mutually agreed, and for this purpose 
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 Statutes, and the laws 
supplemental thereto, so far as the same may be applicable. 

Section 5. Said corporation shall keep in repair, to the Repairing andi 
satisfaction of the superintendent of streets of the city of 
Boston, all the paving between their rails and three feet out- 
side thereof on each side, and the board of aldermen of the 
city of Boston shall have full power to regulate the time and 
manner of running cars on said railway. 

Section 6. The capital stock of said corporation shall capital stock;. 
not exceed three hundred thousand dollars. 

Section 7. This act shall take effect as soon as it shall be ""hen to take- 
accepted by the board of aldermen of the city of Boston. 

Approved April 1, 1868. 

^ Act to continue in force " An Act to incorporate the QfiQ/n 9^-^ 

ATTLEBOROUGH MUTUAL FIRE INSURANCE COMPANY." "' *' 

Be it enacted, ^'c, as folloios : 

Section 1. The act of the year eighteen hundred and wu"our''Hmult' 
forty-four, chapter fifty-four, entitled " An Act to incorporate t'oaof "me- 
the Attleborough Mutual Fire Insurance Company," shall 



84 1868.— Chapters 99, 100, 101. 

continue and remain in force from and after the twenty- 
fourth day of February, in the year eighteen hundred and 
seventy-two ; and said company shall continue to have and 
enjoy all the powers and privileges, and be subject to all the 
duties, liabilities and restrictions set forth in the general laws 
relating to such corporations, which are or may be in force, 
in like manner and to the same effect, as if said act incor- 
porating said company, had contained no limitation of time. 
Section 2. This act shall take effect upon its passage. 

Approved April 1, 1868. 

ChcfP. 99. -^ -^^^ CONCERNING THE ROCKPORT STEAM COTTON MILLS. 

Be it enacted, Sfc, as follows : 

Corporation may SECTION 1. At a meeting of the members of the E,ock- 
ere-organize . pQ^.j g^gg^j^ Cottou MiUs, to be duly Called in the manner 
provided by the fifth section of chapter sixty-eight of the 
General Statutes, on the written application of Edmund 
Dwight, treasurer of said 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 be deemed members of 
said corporation, and shall be entitled to act at such meet- 
ing ; and the said corporation may then and there be re-or- 
Former acts of gauizcd by the clioicc of all proper officers; and after such 
beTatmed!""^^ choicc of officers, it shall be lawful for the said corporation to 
ratify and confirm all acts of said corporation which would 
have been legal, had said corporation been duly organized 
and the records thereof properly kept. 

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

Approved April 1, 1888. 

Chat) 100 "^^ ^^^ ^^ ENABLE THE NEW ENGLAND HISTORIC-GENEALOGICAL 
-» SOCIETY TO HOLD AN ADDITIONAL AMOUNT OF PROPERTY. 

Be it enacted, ^c, as folloivs : 

May hold »ioo,- SECTION 1. The New England Historic-Genealogical 
real and personal Socicty may take, by purchase, gift, grant or otherwise, 
®^''*'®' and hold, real and personal estate not exceeding one hun- 

dred thousand dollars, in addition to the amount authorized 
by the second section of chapter one hundred and fifty-two 
of the acts of the year one thousand eight hundred and 
forty-five. 

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

Approved April 1, 1868. 

Chap. 101 -^^ ^^'^ "^O INCORPORATE THE MASSACHUSETTS AND RHODE ISLAND 
■' * YEARLY MEETING OF FREE BAPTISTS. 

Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Cliarlcs H. Webber, Nathan L. Rowell, Joel 

Baker, their associates and successors, are hereby made a 



1868— Chapters 102, 103. 85 

corporation as a religious society, by the name of the Massa- Name. 
chusetts and Rhode Island Yearly Meeting of Free Baptists, 
in Taunton ; with all the powers and privileges, and' subject Powers and 
to all the duties, restrictions and liabilities set forth in all 
general laws which now are or may hereafter be in force 
relating to such corporations. 

Section 2. Said corporation may hold real and personal ^^ll^^^ p"^°°' 
estate to the amount of two hundred thousand dollars for 
religious, benevolent and educational purposes. 

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

Approved April 9, 1868. 
An Act concerning thk first methouist episcopal church of QJidn^ 102 

NORTH ANDOVER. ^' 

Be it enacted, ^'c, as follows : 

Section 1. The name of the First Methodist Society of Name changed to 
North Andover, organized on the ninth day of September, in of Trustees of the 
the year one thousand eight hundred and forty-nine, under EpTscoJ^rchureh 
the provisions of the forty-fourth chapter of the Revised ^g,^""""^ ^''^° 
Statutes, is hereby changed to that of the Corporation of 
Trustees of the First Methodist Episcopal Church in North 
Andover. 

Section 2. All conveyances heretofore made to the conveyances con- 
trustees of the First Methodist Society are hereby confirmed 
to the said corporation of trustees, who may hold personal 
and real estate for the use of said church, in accordance 
with the discipline of the Methodist Episcopal Cliurch, and 
not in conflict with any laws of the Commonwealth regulat- 
ing religious societies, the value of which real and personal 
estate shall not exceed forty thousand dollars. 

Section 3. This act shall be void and of no effect unless Act void unless 
accepted by said trustees at a meeting called for that purpose suty dayZ'^''"' 
within sixty days from its passage. 

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

Approved April 9, 1868. 

An Act to incorporate the Walter heywood chair company, f^l^^^ 1 no 
Be it enacted, &fc., as follows : 

Section 1. Walter Heywood, George E. Towne, GSorge corporators. 
H. Spencer, their associates and successors, are hereby made 
a corporation by the name of the Walter Heywood Ciiair Name and pur- 
Company, for the purpose of manufacturing chairs in the ^°^®" 
town of Fitchburg ; and for that purpose shall have all the powers and 
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 manufactur- 
ing corporations. 



Chap. 104 



86 1868.— Chapter 104. 

Capital stock and SECTION 2. The Capital stock of tliG Corporation shall be 
two hundred and fifty thousand dollars, and shall be divided 
into shaVes of one hundred dollars each ; and said corpora- 
tion may hold such real and personal estate as may be 
necessary or convenient for the purposes set forth in this act, 
but shall not commence business until one hundred thousand 
dollars of its capital stock shall have been paid in. 

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

Approved April 9, 1868. 

An Act to rknew and extend the charter of the south op 
europe steamship company. 

Be it enacted, ^'c, as follows : 

Charter renewed Section 1. Whcrcas, by au act of this Commonwealth, 
bearing date May ninth, one thousand eight hundred and 
sixty-five, Alfred C, Hersey, Oliver Brewster and E. Basket 
Derby, were incorporated as the South of Europe Steamship 
Company ; and whereas, the time limited by the act for 
organization and for the commencement of business has 
expired, and said corporators desire a renewal of their char- 
ter and enlargement of their capital : Now, therefore, the 
said Alfred C. Hersey, Oliver Brewster and E. Hasket Derby, 
their associates and successors, are hereby made a corpora- 
tion Ijy the name of the South of Europe Steamship Com- 
pany ; with all the powers and privileges, and subject to all 
tiie duties, liabilities and restrictions set forth in all general 
laws of this Commoi^wealth which now are or hereafter may 
be in force relating to such corporations. 
May build or Section 2. Said corporatiou is hereby empowered to build, 
and'^'pLJeuler cliartcr, hold and convey one or more steamships and steam- 
steamboats. propcUers, and to employ the same in transporting passen- 
gers and freight between the city of Boston or any other 
eligible port in the Commonwealth of Massachusetts, and 
any port or ports of Spain or of the Mediterranean, or of 
the Azores Islands. 
Capital stock and Section 3. Thc Capital stock of said corporation shall 
shares. ^^^^ cxcced thrcc milHou dollars, and shall be divided into 

shares of the par value of one hundred dollars each. Said 
corporation shall have power to fix its capital within said 
amount, and from time to time increase the same, so as not 
to exceed such limits ; and siiall liave power to assess from 
time to time upon such shares, such sums as may be deemed 
necessary to accomplish its object, not exceeding the par 
No stock to be valuc of such sharcs. No certificates of stock shall be 
than**ar' '*'' Issucd uutll the par valuc thereof shall have actually been 
steamboats not P^^^ J"' ^'^^ "o steauiship 01' propellcr shall be run until at 
to he run until jeast ouc hundrcd thousand dollars of its capital shall have 

S100,000ofcap- , , .. J 

ital subscribed. beCU SUbSCriOed. 



1868.— Chapters 105, 106. 87^ 

Section 4. Said corporation may hold real estate to an Jj«|^^^t^*«' 
amount not exceeding one hundred thousand dollars.^ 

Section 5. If said corporation shall not, within two Act vom unless 

_ , 1 P 1 1 • 1 A $100,000 paid in 

years from the passage hereoi, have been organized ana within two years, 
have collected by assessment an amount equal to one hun- rSnniDr^HWn 
dred thousand dollars of its capital stock subscribed, and three years, &c. 
shall not within three years from the passage of this act 
have one or more steamships or steam-propellers employed 
between the United States and said port or ports, or if said 
corporation shall thereafter fail, for the period of one year, 
so to employ one or more steamships or steam-propellers in 
said business, then this act shall be null and void. 

Approved April 9, 1868. 

An Act to incorporate the boston yacht club. Chap. 105 

Be it enacted, §'c., ast follows : 

Section 1. Daniel Farrar, Benjamin F. Gibbs, Dexter S. corporators. 
Stone, their associates, the members of the voluntary associa- 
tion in the city of Boston, known as tlie Boston Yacht Club, 
and successors, are hereby incorporated and made a body 
politic by the name of the Boston Yacht Club, having its Name and pur 
office in the city of Boston, for the purpose of encouraging p°"'' 
yacht building and naval architecture and the cultivation 
of nautical science. 

Section 2. Said corporation shall have power to have a Mayhaveacom- 
common seal, to make and ordain, irom time to tune, by-laws, make by-iaws. 
rules and regulations for the government of the corporation, 
and the management of its affairs : provided^ the same be 
not repugnant to the laws of the Commonwealth ; and with 
all the privileges, and subject to all the duties, liabilities and 
restrictions set forth in the general laws which now are or 
may hereafter be in force, so far as the same are applicable. 

Section 3. Said corporation may hold real estate not l^f^^.^^^ p''''°'' 
exceeding the value of twenty-five thousand dollars, and 
personal estate not exceeding the value of twenty-five thou- 
sand dollars, exclusive of their library and museum of models 
and inventions in nautical science. 

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

Approved April 9, 1868. 

An Act relating to the place of holding the annual meet- QJkiy), 106 

INGS OF railroad CORPORATIONS. ' ' 

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

Section 1. The annual meetings of the stockholders of -Annual meetinps 

/> 1 1 1 1 of railroad corpo- 

all railroad corporations shall hereafter be held at some ration?, wiiere to 
convenient place on the line of their respective roads. 
Section 2. This act shall take effect upon its passage. 

Approved April 9, 1868. 



88 1868.— Chapters 107, 108, 109. 

Chat). 107 -^^ ^^^ CONCERNING STATE AID FOR DISABLED SOLDIERS AND 
* ' SAILORS AND THEIR FAMILIES, AND FOR THE FAMILIES OF THE 

SLAIN. 

Be it enacted, Sfc, as follows : 

State aid contin- SECTION ] . The opGratioii of cliapter one liundred and 

Ued to UepSDQ- />i fl • ^ , ini 1 

ents of dead or seventj-two 01 tlic acts 01 the year eighteen hunared and 
tiinsTi. ^° '^^ sixty-six, and chapter one hnndred and thirty-six of the acts 
of the year eighteen hundred and sixty-seven, so far as they 
provide for the payment of state aid to those who were 
dependent upon dead or disabled soldiers or sailors, be and 
hereby is extended to the first day of January, in the year 
eighteen hundred and seventy-one. 

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

Approved April 9, 1868. 

Chat). 108 ^^ ^^"^ '^^ INCORPORATE THE HARVARD SKATING RINK COMPANY. 

Be it enacted, ^x., as follows : 

Corporators. SECTION 1. Samucl K. WilHams, junior, Theo. H. Seavey, 

Thomas G. Rice, their associates and successors, are hereby 

Name and pur- niadc a corporatiou, by the name of the Harvard Skating Rink 
Company, for the purpose of constructing and erecting a 
skating rink, to be so called, in the city of Cambridge, and 
maintaining such skating rink, with the buildings, appurte- 

Powrsand nauccs and improvements connected therewith; with all the 
powers and 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 corpora- 
tions. 

Capital stock and SECTION 2. The Capital stock of said corporation shall 
not exceed the sum of twenty thousand dollars, and shall 
be divided into shares of one hundred dollars each ; and 
said corporation may hold real estate to the value of twenty 
thousand dollars, for the purposes mentioned in this act : 

When liabilities provided, hoivevef, that said corporation shall not incur any 

maybei.ourred. j-^^^-j-j.y ^^^^.-^ ^^^^^^^ thousaud dollars of the capital stock 

shall have been paid in in cash. 

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

Approued April 10, 1868. 



Chap. 109 



An Act concerning the dedham and west roxbury railroad 

COMPANY. 

Be it enacted, Sfc, as follows : 

Name changed to SECTION 1. The Corporation called the Dedham and 
Roxbury *°KaiN Wcst Roxbury Railroad Company shall be hereafter called 
road Company." ^^^^ Bostou aiid Wcst Roxbury Railroad Company, and the 

name of said company is hereby changed accordingly. 
Western termi- SECTION 2. Thc Said corporatiou is hereby authorized to 
bechanged.™*^ make thc wostcrly terminus of its street railroad at or near 



1868.— Chapters 110, 111, 112. 89 

the junction of Shawmut avenue with South street, in the 
town of West Roxbury, instead of the point fixed by the act 
establishing said corporation, and the several acts in addition 
thereto. 

Section 3. All acts and parts of acts inconsistent here- Repeal, 
with are hereby repealed. 

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

Approved April 10, 1868. 
An Act for the protectiox of trout in grist-mill pond, in Q^dp^ 110 

THE TOWN OF WAREHAM. "' 

Be it enacted, Sfc, as follows : 

Section 1. No person shall take any trout from Grist- Trout not to be 

__.,, T-. n 1 T-« 1 -irMi T TTT 1 • ii i tahen from Grist- 

Mill Pond, near the rarker Mills Iron Works, in the town Miu Pond with- 
of Wareham, or the waters running into the same, at any proprieTrs?' °^ 
time of the year, without permission of the proprietor or 
proprietors of said pond and waters. 

Section 2. Any person offending against the provisions Penalty. 
of this act, shall forfeit and pay a fine of one dollar for each 
trout taken, to be recovered by prosecution before any trial 
justice in the county of Plymouth. Approved April 10, 1868. 

An Act in addition to an "act declaring and confirming Qhnv) 111 

THE incorporation OF THE PROPRIETORS OF THE MEETING- ^' 

HOUSE IN HOLLIS STREET IN THE TOWN OF BOSTON." 

Be it enacted^ Sfc, as follows: 

Section 1. The second section of an act passed on the committee of 
fourth day of March, in the year eighteen hundred and nine, coSoT^wl^ve 
entitled '' An Act declaring and confirming the incorpora- ^"rethanTwe'ive 
tion of the proprietors of the meeting-house in HoUis street »nd less than eve, 
in the town of Boston," is hereby amended, so that the com- Taws.^* ^ ^ 
mittee of said proprietors shall consist of twelve persons, or 
of such number, not exceeding twelve and not less than five, 
as may from time to time be fixed by the by-laws of said 
proprietors, and said committee shall constitute the board of to be board of 

tr sr 7 assessors. 

assessors. 

Section 2. The fourth section of said chapter is hereby Amendment, 
amended by striking out the words "and assessors," wherever 
they occur. 

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

Approved April 10, 1868. 



ANNUAL MEETING IN MARCH, EIGHTEEN HUNDRED AND SIXTY' 



! Chap.U2 



An Act legalizing the doings of the town of palmer at its 

ANNUj! 
EIGHT. 

Be it enacted, §'c., as follows : 

Section 1. The doings of the town of Palmer at their Doings of annual 
annual meeting, holden on the sixteenth day of March, in the paTme"confirme°ci 

19 



90 



1868.— Chapters 113, 114. 



year of our Lord one thousand eight hundred and sixty- 
eight, are hereby made valid, as the same would have been, 
provided the meeting had been regularly called in the man- 
ner provided by said town. 

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

Approved April 10, 1868. 
Chap. 113 -^N Act to incorporate the sandisfield baptist society, and 

CONFIRM CERTAIN ACTS CONNECTED THEREWITH. 

Be it enacted, ^•c, as follmvs : 

Section 1. Orlo Burt, Henry 0. Burt, James H. Merrill, 
their associates and successors, are hereby made a corporation 
under the name of the Sandisfield Baptist Society, in Sandis- 
field ; 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. 

Section 2. Said corporation may hold real and personal 
property to the amount of twenty-five thousand dollars. 

Section 3. All rights and interests in and to any prop- 
erty, real or personal, acquired by the Sandisfield Baptist 
Society, as heretofore organized, by purchase, gift, bequest or 
otherwise, are hereby confirmed and vested in the corporation 
hereby chartered, any informalities under said former organ- 
ization to the contrary notwithstanding. 

Approved April 10, 1868. 



Corporators. 



Powers and 
duties. 



Real and person^ 
al property. 

All former rights 
and interests cou' 
firmed. 



Chap. 114 



Corporators. 



Name and pur- 
pose. 

Powers and 
duties. 



Trustees. 
Vacancies. 



May maintain 
and let lodging- 
houses, and es- 
tablish Protest- 
ant Episcopal 
Churches in Bos- 
ton. 



An Act to incorporate the trustees of the chapel of the 

GOOD shepherd. 

Be it enacted, Sfc, as follows: 

Section 1. Josiah G. Abbott, George H. Peters, George 
P. Denny, their associates and successors, are hereby made 
a body corporate for religious and charitable purposes, in the 
city of Boston, by the name of the Trustees of the Chapel 
of the Good Shepherd ; with all the powers and privileges, 
and subject to all the duties, restrictions and liabilities set 
forth in the general laws which now are or may hereafter be 
in force, relating to such corporations. 

Section 2. The number of said trustees shall not be less 
than seven nor more than fifteen : they shall have power 
to fill vacancies in their own number, and to determine, 
from time to time, within said limits, the number of said 
trustees. 

Section 3. Said corporation may erect, hold, maintain 
and let lodging-houses witiiin the city of Boston, upon such 
terms and conditions as it may determine, subject to the 
laws of the Commonwealth ; and also erect, hold and estab- 



1868.— Chapters 115, 116, 117. 91 

lish churches or chapels in said city for public religious Proviso, 
worship : provided, such worship shall be conducted therein 
according to the standards, laws, rites and usages of the 
Protestant Episcopal Church of the United States of 
America. 

Section 4. Said corporation may hold real and personal ^^'*^*«] ^^""^^t 
estate to the amount of two hundred thousand dollars, the gwus and chari- 
whole income of which shall be devoted to religious and 
charitable uses. 

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

Approved April 10, 1868. 
An Act to repeal section three of chapter one hundred QfiQp^ \\b 

AND THIRTY-SIX OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED " 

AND SIXTY-SEVEN, CONCERNING STATE AID. 

Be it enacted, ^c, as follows : 

Section 1. The third • section of chapter one hundred isst. 136,5 3, 

1 J repealed. 

and thirty-six of the acts of the year eighteen hundred and 
sixty-seven, is hereby repealed. 

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

Approved April 11, 1868. 
An Act to revive an act to incorporate the everett insur- Chap. 116 

ANCE COMPANY. 

Be it enacted ^ Sfc, as follows : 

Section 1. Chapter sixty-three of the acts of the year charter revived, 

•1 1 TiT'i • i- iiTiii. ^'"l *"oe for or- 

eighteen hundred and sixty-seven, incorporating the HiVerett ganizing exteud- 
Insurance Company, is hereby revived, and the time for ^^' 
organizing said corporation is hereby extended to the eleventh 
day of March, in the year eighteen hundred and sixty-nine. 
Section 2. This act shall take effect upon its passage. 

Approved April 13, 1868. 

An Act to incorporate the Suffolk and tremont mills. Chap. 117 
Be it enacted, Sfc, as follows : 

Section 1. George H. Kuhn, J. Thomas Stevenson, corporators, 
diaries H. Parker, their associates and successors, are 
hereby made a corporation by the name of the Suffolk and Name and pur- 
Tremont Mills, for the purpose of manufaturing goods of ^°^^' 
cotton, wool and other textile materials, in the city of Lowell ; 
and for this purpose shall have all the powers and privileges powers and 
and be subject to all the duties, restrictions and liabilities '^""*^" 
set forth in all the general laws which now are or may here- 
after be in force, relating to manufacturing corporations. 

Section 2. Said corporation may purchase and hold the May purchase es- 
real and personal estate now owned by the Suffolk Manu- Manufecturing 
facturing Company and the Proprietors of the Tremont MnigidplTfor 
Mills, and may pay therefor the fair market value thereof in it iu stock at par. 



92 . 1868.— Chapter 118. 

stock of this corporation at par, and may hold other real 

estate to an amoimt not exceeding three hundred thousand 

Capital stock and dollars ; aud the whole capital stock shall not exceed fifteen 

shares. hundred thousand dollars, to be divided into shares of one 

hundred dollars each. 

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

Approved April 13, 1868. 

Chat) 118 "^^ ^^^ ^^ AUTHORIZE THE EASTERN RAILROAD COMPANY TO 
■^' EXTKND THE LAWRENCE BRANCH OF ITS RAILROAD INTO THE 

CITY OF LAWRENCE. 

Be it enacted, ^c, as follows: 

Eastern R.R. may SECTION 1. Tho Eastcm Railroad Company is hereby 

branch from N. authoHzed to cxtcnd the Lawrence branch of its railroad 

depor^L*" liw- from a point in North Andover, at or near its present terrai- 

rence. j^^ig j theucc across the Boston and Maine Railroad to the 

northerly and along the northerly- and easterly side thereof, 

and across the Merrimac River to the depot grounds now 

owned by the said Eastern Railroad Company on Essex 

May enter upon Street iu said city of Lawrence ; with the right to enter 

and US8 Boston .,. , '' -, i-r» n-in-'T-»*i i 

and Maine Rail- With its road upou and usc the Jioston and Mame Railroad 

**** ' in Lawrence according to law, and with the right to said 

Boston and Maine Railroad to enter with its road upon and 

use the said Lawrence branch in said Lawrence, according 

to law. 

Powers and SECTION 2. Said Eastcm Railroad Company, in and upon 

said extension, shall liave all the powers and pririleges, and 

be subject to all the duties and liabilities provided by the 

$300,000 addi- general statutes relating to railroads. And said Eastern 

stock. ^^^^^ Railroad Company may increase its capital stock by an 

amount not exceeding three hundred thousand dollars 

beyond the amount now authorized by law. 

Location of exten- SECTION 3. The ccutre line of the location of said exten- 

"°"' sion across the centre line between the tracks of the Boston 

and Maine Railroad shall be at a point three hundred and 

fifty feet westerly of the westerly end of the present passenger 

Boston and Maine dcpot buildiug at Nortli Aiidovcr ; and the Boston and 

gradTof road."" Maiuc Railroad shall, at their own expense, lower the grade 

of their railroad at said point one and a half feet below the 

present rail surface thereof; and the said crossing shall be 

by an overhead bridge, not less than twelve and a half feet 

above the present rail surface of the Boston and Maine 

Railroad, so that said overhead bridge shall be not less than 

fourteen feet in the clear above the rail surface of the Boston 

and Maine Railroad after it is lowered as aforesaid ; and the 

face of the abutments at the grade of the rails of the Boston 

and Maine Railroad shall be not less than thirty feet apart, 



1868.— Chapter 119. 93 

measured at right angles to the centre line of the Boston condition. 

and Maine Railroad : provided, that if said Boston and 

Maine Railroad does not accept this section of this act within 

one year from the passage thereof, then said crossing may be 

at grade; and provided, further, thsit if the Boston and fj^^^''"'=°°'"" 

Maine Railroad and the Eastern Railroad Company shall 

agree upon any other form or conditions or place of crossing 

between said depot and the Shawsheen River, such crossing 

may be made in conformity with such agreement. 

Section 4. Between the Shawsheen River and the bridge Location between 
of the Boston and Maine Railroad across the Merrimac and Boston and 
River, the location of said railroad shall be not more than bridge o^er^'aier* 
thirty feet in width, and adjoining the location of the Boston "'"^<=- 
and Maine Railroad, and the grade of the road, when built, 
between Osgood Street and said bridge, shall be the same as 
that of the Boston and Maine Railroad. And all bridges Bridges over 
across the streets and canals, either now built or laid out on canais. 
the plans of the Essex Company, shall be built and main- 
tained by the railroad company ; and no piers shall be con- 
structed in either canal, nor any abutment to project beyond 
the canal walls. 

Section 5. Nothing in this act shall authorize the East- ^"""^''^sost^ot 
ern Railroad Company to sever or unreasonably obstruct the and Maine Raii- 
coiniection of the Boston and Maine Railroad with the pri- ^ate tracks of 
vate branch tracks laid or to be laid over land of the Essex nof^to^'b^Tv^ 
Company, subject to their consent, on the margin of their ^red. 
canals, for the conveyance of cars to the several manufac- 
turing establishments there located. The Eastern Railroad 
Company may make all reasonable regulations for the 
passage of freight cars across its track, between said canal 
tracks and the tracks of the Boston and Maine Railroad ; 
and in case of any disagreement, the supreme judicial court in case of dis- 
'shall have power upon the application of the Essex Company, tleen°roads, s! 
the Boston and Maine Railroad or the Eastern Railroad JoJunommT 
Company, to appoint commissioners, to regulate the said sionerstoregu- 
crossuigs. But no regulations shall be umae requiring pas- 
senger trains on the Eastern Railroad, upon their regular 
time to stop at said crossings, and no charge shall be 
made by said Eastern Railroad Company for freight or cars 
so passed across their track. 

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

Approved April 13, 1868. 

An Act to incorporate the trustees of the peabody academy QJiqv) J^Q 

of science. ^' 

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

Section 1. Asa Gray, of Cambridge, William C. Endi- corporators, 
cott, of Salem, George Peabody Russell, of Salem, Othniel 



94 1868.— Chapter 119. 

C. Marsh, of New Haven, in the state of Connecticut, Henry 
Wheatland, of Salem, Abner C. Goodel, junior, of Salem, 
James R. Nichols, of Haverhill, and Henry C. Perkins, of 
Newburyport, — surviving persons named as trustees in an 
instrument of trust given to Francis Peabody and others by 
George Peabody, of London, on the twenty-sixth day of 
February, in the year eighteen hundred and sixty-seven, — 
together with S. Endicott Peabody, of Salem, and such other 
persons as shall be, in accordance with the terms of said 
instrument of trust, elected to fill any vacancies thereunder, 
are hereby made a corporation in the county of Essex, by 
Name and pur- the uamc of The Trustccs of the Peabody Academy of 

D0S6 . J */ 

Science, for the promotion of science and useful knowledge-; 
Powers and with all the powcrs 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, and applicable to such cor- 
ProTiso porations : provided^ that they shall not be subject to any 

duties or ' liabilities inconsistent with said instrument of 

trust. 
May control trust SECTION 2. Said corporatiou may hold, invest and control 

funds given by , , • < n\ t-» i t i i • 

George Peabody. the moucy givcu by said (jrcorge Peabody by the mstrument 

of trust before mentioned, and any proceeds from the same ; 

may assume, succeed to and carry out all contracts and 

agreements made by said trustees under said instrument 

Real and personal of trust ; aud may liold real and personal estate to an 

**'***' amount not exceeding three hundred and fifty thousand 

dollars. 
May hold other SECTION 3. Said coi'poration is hereby authorized to take 
to instrument of and rcccive, by gift, grant, bequest, devise or otherwise, any 
*'^"**' lands, tenements or other estate, real or personal, to have 

and to hold the same for themselves and their successors, 
upon the terms and for the purposes specified in the instru- 
ment of trust aforesaid ; and also upon such terms and for 
such purposes and trusts as may be expressed in any deed 
or instrument of conveyance, or gift, to them made: 
Condition provided^ the same shall not be inconsistent with the terms 

and purposes of the instrument of trust executed to them 
by the said George Peabody. 
Upon dissolution SECTION 4. Upoii the dissolutiou of this corporation, its 
property'°to' Test rights and proDcrties shall be and vest in the aforesaid board 
in trustees. ^f trustccs, uudcr Said instrument of trust from George 
Peabody, subject only to be taken to pay the debts of the 
said corporation. 

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

Approved April 13, 18G8. 



1868.— Chapters 120, 121, 122. 95 

An Act to empower the marshpee manufacturing company to QJiap. 120 

HOLD additional REAL ESTATE. 

Be it enacted, ^c, as follows : 

Section 1. The Marshpee Manufacturing Company is »io,om adr^uon- 
hereby authorized to hold and improve real estate in the 
district of Marshpee, not exceeding ten thousand dollars in 
value, in addition to the amount allowed by the act of incor- 
poration of said company, granted by the legislature of the 
year eighteen hundred and sixty-seven : provided, that the conditions, 
additional, amount held under this bill shall not exceed ten 
acres in extent ; and provided, further, that the same shall 
be held and improved in accordance with the provisions of 
chapters forty-one and two hundred seven of the acts of the 
year eighteen hundred and sixty-seven. 

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

Approved April 13, 1868. 

An Act to change the name of the town of south danvers. Qfiap. 121 
Be it enacted, ^"c, as follows : 

Section 1. The town of South Danvers, in the county of ^eaToS*"^*'^ '^ 
Essex, shall take the name of Peabody. 

Section 2. This act shall not take effect unless accepted J^^o^J^fofthefegai 
bv a maiority of the lei>al voters of said town, present and ^oters of south 

*^ . '^, "^ , 111. , -1 .-111 Danvers. 

votmg thereon by ballot, at a special meetmg held upon 
notice given at least seven days before the time of said 
meeting. And the polls shall be opened' at nine o'clock in 
the forenoon of said day, and shall not be closed before four 
o'clock in the afternoon of said day, nor remain open longer 
than till six o'clock in the afternoon of said day. 

Section 3. It shall be the duty of the selectmen of said tul.n'heresuitTf 
town to certify and return as soon as may be, the number of the vote to the 
ballots in favor of the acceptance of this act, and the number commonwealth. 
of ballots against the acceptance of the same, to the secre- 
tary of the Commonwealth. And if it shall appear that a 
majority of such ballots is in favor of the acceptance of this 
act, the said secretary shall immediately issue and publish 
his certificate declaring this act to have been duly accepted. 

Section 4. Said meeting shall be held within ninety days whentobeyoted 
from the passage of this act. Approved April 13, 1868. 

An Act to change the name of the vineyard sound rail- QJidv)^ 122 
road company, and for other purposes. ■» * 

Be it enacted, Sfc, as follows : 

Section 1. The Vineyard Sound Railroad Company shall Namechangedto 
be hereafter called and known by the name of the Plymouth vineyard sound 
and Vineyard Sound Railroad Company ; and said company is ^|»°^* compa- 
hereby authorized to extend the railroad already authorized 



96 1868.— Chapter 122. 

May extend road from Monument Villasre in the town of Sandwich, tlirouerh 

to terminus of Old /• o i • i i tSi i i . ^ 

Colony and New- the towns 01 teandwicli and rlymouth and the easterly por- 
m Plymouth. ^"' tion of the town of Wareham, if said company shall deem 
it advisable, in a northerly or north-westerly direction, to the 
terminus of the Old Colony and Newport Railway Company 
in the town of Plymouth, and to locate, construct, maintain 
May build and Operate the same ; and said company is further author- 
wood's Hoiein ized to build and maintain at Wood's Hole, so called, in the 
Falmouth. ^^^^^ ^j. p.^^j^^Q^^ij r^,j(j j^^ i\^q x^qq^,^ of Buzzard's Bay, in tide- 
water, such wharf or wharves as may be necessary for the 
transaction of the business of the company and the trans- 
shipment of its freight and passengers at said places ; and, 
fioMi^'^ca^pltoi for the purposes above named, said company is hereby 
®'°''^- authorized to increase its capital stock by an amount not 

exceeding three hundred thousand dollars. 
wajs^nd caje SECTION 2. Said company may cross with its railroad 
Cod Railroad at highwajs and townways at such grade and in such manner 
^" ^" as the county commissioners of the county wherein such 

crossing may occur shall specify and direct, and the rail- 
road of the Cape Cod Railroad at grade. 
May enter upon SECTION 3. Said Company mar enter with its road upon, 

and unite with, , i.-i i(»i/-vii/-(i 

also lease to Old uuitc the samc With and use the railroad oi the Old Colony 
port"RaUway Co' aiid Ncwport Railway Company and the railroad of the Cape 
^urordco. ^°^ Cod Railroad Company, upon the terms provided by the 
general laws relating to railroad corporations ; and it may 
also lease its road and other property to either of said com- 
panies for such period and upon such terms as may be 
agreed upon, and each of said companies is hereby author- 
ized to accept such lease whenever agreed upon by the 
parties. 
May Issue bonds. SECTION 4. Said Company is hereby authorized to issue 
bonds for the purpose of constructing or equipping its road, 
the amount thereof not to exceed the amount of the capital 
stock j)aid in, in the same manner and with the same 
restrictions provided in the sixty-third chapter of the General 
gurrwte^7 by Statutcs ; aud the Old Colony and Newport Railway Com- 
oid Colony and pany aud the Cape Cod Railroad Company, respectively, are 
Co. and Cape Cod hcrcDy authonzcd to guarantee, indorse, or become respon- 
foad°mongaged ^iblc for thc payment of the principal and interest of said 
as security. bouds or any part thereof; and said Plymouth and Vine- 
yard Sound Railroad Company is hereby authorized to con- 
vey its road, franchise and other property to the Old Colony 
and Newport Railway Company or to the Cape Cod Rail- 
road Company, in mortgage, in order to secure such com- 
pany against any loss, damage or expense, that may arise by 
reason of guaranteeing, indorsing or becoming responsible 



1868.— Chapter 123. 97 

for the payment of the principal and interest of said bonds 
as above provided. 

Section 5. The towns of Plymouth, Falmouth, Sandwich, Plymouth, sand- 
Edgartown, Chilmark and Tisbury, are hereby severally au- EdgaVtown, chu- 
thorized, wlien so voting at legal town meetings duly called for ™*may^°akJstock 
the purpose, to subscribe for and hold shares in the capital jJJJnT/byloa'^o? 
stock of said company, to an amount not exceeding five per taxation to pay 
centum of the assessed valuation of said towns, respectively ; °''**™®' 
and said towns may pay for such siiares, so voted to be taken, 
out of tbeir respective treasuries, and are hereby autborized 
to raise by loan upon bonds or tax or otlierwise, any and all 
sums of money wbich may be necessary to pay for the same, 
and may liold and dispose of the same like other town property. 

Section 6. Tbe selectmen of the towns of Plymouth, selectmen may 
Sandwich, Falmouth, Edgartown, Cbilmark, and Tisbury, townr"t meet* 
respectively, shall have autbority to represent said towns, '"^""^""""p*"^" 
respectively, at any and all meetings of said Plymouth and 
Vineyard Sound Railroad Company, and said towns, so rep- 
resented, are liereby autborized to vote on the wbole amount 
of tlie stock held by said towns respectively, anytbing in the 
sixty-tbird chapter of tlie General Statutes to tlie contrary 
notwitbstanding. 

Section 7. The fifth section of the one hundred and Repeal, 
ninety-sixth cbapter of tbe acts of the year eighteen hun- 
dred and sixty-one, and the proviso contained in the one 
hundred and fourtb cbapter of the acts of the year eigbteen 
hundred and sixty-five, are bereby repealed. 

Section 8. Unless tbe Plymouth and Vineyard Sound Location to be 
Railroad Company shall file tbe location of the extended years, and oon- 
railroad autborized by tbis act, witbin two years, and com- ?ed"wUhiir°four 
plete tbe construction thereof within four years from the y^'*"- 
passage bereof, this act shall be void. 

Section 9. This act shall take effect upon its passage. 

Approved April IS, 1868. 

An Act to incorporate the Massachusetts spiritualist asso- 
ciation. * 
Be it enncled, §"c., as follows: 

Section 1. Lysander S. Richards, George A. Bacon, corporators. 
Edward S. Wheeler, their associates and successors, are 
hereby incorporated as a religious society, by the name of Name. 
the Massachusetts Spiritualist Association, in Boston ; with Powers and 
all the powers and privileges, and subject to all the duties 
and liabilities by law incident to religious societies legally 
establisbed in this Commonwealth. 

Section 2. Said corporation shall have power to hold fnd*'''e'fson°ai'^e8- 
and manage any estate, real or personal, to the amount of tafe, to be used 

20 



Chap. 123 



98 1868.— Chapter 124 

for religious pur- one liiiudred thousand dollars: provided the same be 
^°^^^' appropriated exclusively to religious purposes. 

Approved April 13, 1868. 

Chap. 124 -^^ ^^'^ "^O ESTABLISH THE POLICE COURT OF FITCHBURG. 

Be it enacted, ifc, as follows : 

Police court SECTION 1. A poHce court is hereby established in the 

Fitchburg. '° towu of Fitcliburg, Under the name of the Police Court of 
Fitchburg ; and said town shall constitute a judicial district . 
under the jurisdiction of said court. Said court shall have 
the same jurisdiction, power and authority, shall perform 
the same duties, and be subject to the same regulations as 
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 
-to be goTerned Statutes, and by all general laws passed in amendment 
regardiug police tlicrcof, applicable to the several police courts of the Corn- 
courts, monwealth ; and all provisions of law relating to civil and crim- 
inal proceedings, the taxation of costs, the payment of fines, 
the expenses of court, the accounting and settling with the 
county and town treasurers for the money paid into court as 
forfeitures or otherwise, and the required returns applicable 
to the several police courts in the Commonwealth, except 
those before mentioned, shall apply to the police court of 
Fitchburg liereby established, 
—to consist of one SECTION 2. Thc Said court shall consist of one standing 
and two special justice and two spccial justices, to be appointed, commis- 
justices. sioned and qualified pursuant to the constitution and laws 

of the Commonwealth. 
Salary of stand- SECTION 3. The standing justice of said court shall 
compe"n9a't?on'"of rcccive an annual salary of thirteen hundred dollars, to be 
special justices, pj^j^j froui tlic trcasury of the Commonwealth. The compen- 
sation of the special justices, for duties performed by them, 
shall be such as is provided by law in similar cases. 
Proceedings SECTION 4. All procecdings duly commenced before any 

menced '^bptore trial justicc t)r justicc of tlic peace for the county of Worces- 
tobVaffe«ed!^°* tcr, withiu said district, before this act sliall take effect, shall 
be prosecuted and determined as if this act had not been 
passed. 
When act to take SECTION 5. Tliis act shall take effect, so far as the 

effect. . . . • 

appointing, commissioning and qualifying the standing jus- 
tice and special justices of said court are concerned, upon 
its passage ; and it shall take full effect in thirty days from 
its passage. Approved April 13, 1868. 



1868.— Chapters 125, 126, 127, 128. 99 

An Act to incorporate the music hall association of wor- CJiay). 125 

CESTEK. ' " 

Be it enacted. Sec, as folloivs : 

Section 1. Harrison Bliss, E. B. Stoddard, Francis H. corporators. 
Kinniciitt, their associates and successors, are hereby made a 
corporation by the name of the Music Hall Association of Name and pur- 
Worcester, for the purpose of erecting a building in Wor- 
cester, and maintaining the same, for the purpose of a music 
hall, and for lectures and other lawful piirposes ; with all Powers and 
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, so far as applicable to 
such corporations. 

Section 2. Said corporation shall have a capital stock ^hP^ef^'^^^*"'* 
not exceeding fifty thousand dollars, divided into shares of 
one hundred dollars each, and may hold, for the purposes 
aforesaid, real and personal estate not exceeding the amount 
of the capital stock. 

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

Approved April 14, 1868. 

An Act concerning the preservation of certain birds. Chan 126 
Be it enacted, Sfc, as follows : 

The eighty-second chapter of the General Statutes is Gs.,chap.82,§i, 

1 1 n"ni i'l- • 1 I'lT fii r> concerning prea- 

nereby amended by striking out in the third line oi tlie nrst ervatiou of birds 
section thereof, the word " fourth," and inserting in place amended^"""*'*" 
thereof the word "fifteenth;" and by striking out in the 
fourth line of said section the word " July," and inserting 
in place thereof the word " September." 

Approved April 15, 1868. 
An Act authorizing the building of a side-track to con- QJinrn 197' 

NECT with the HANOVER BRANCH RAILROAD. ^' 

Be it enacted, ifc, as follows : 

Section 1, George Curtis, of Hanover, is hereby author- side track in Han- 
ized to construct and maintain a side-track or tracks, to con- i7rm works°wuh 
nect his iron works in said town of Hanover with the Han- "aiiroad. ^'^*°''^' 
over Branch Railroad, subject to the provisions of all laws 
which now are or may hereafter be in force relating to rail- 
roads crossing highways. 

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

Approved April 16, 1868. 



ChapAl^ 



An Act to amend " an act for the re-stocking of mystic river 

AND its tributaries WITH FISH." 

Be it enacted, ^c, as follows : 

Section 1. The one hundred and forty-ninth chapter of Act amended for 
the acts of the year one thousand eight hundred and sixty- tit luver w!th /sh. 
seven, entitled " An Act for the re-stocking of Mystic River 



100 1868.— Chapters 129, 1:^0. 

and its tributaries with fish," is hereby amended b}' adding 
to the second section tliereof the words following, viz. : 
Proviso. " /?/-ozn"t^e^, that the several committees for the preservation 

of fish mentioned in the fourth section, may take such fish 
as may be required to re-stock the said river and tribu- 
taries ;" and also, by adding to the fourth section, after the 
word " Cambridge," the word " Woburn." 
Penalty for piac- SECTION 2. Auy pcrsou who shall placc or cause to be 
juriouslrfiThTn placcd lu thc waters of Mystic River or of its tributaries, or 
Pond'' ^'^" ""^ ^^ Mystic Pond, or who shall cause to flow into said waters, 
any substance which may destroy or injure the fish therein, 
shall be punished by a fine not exceeding fifty dollars for 
each offence. Approved April 16, 1868. 

Chnn 1 29 -^^ ^^^ ^^ incorporatk the west newbury chapel associa- 

Be it enacted, ^"c, as folloivs : 
Corporators. SECTION 1. Moscs P. Stauwood, Moscs H. Poor and 

James B. Kelley, their associates and successors, are hereby 

made a corporation, as a religious society, under the name of 
Name and pur- the Wcst Ncwbury Cliapcl Association, in West Newbury; 
''"'^ d ^^^'^ ^^^ ^^^'^ privileges and powers, and subject to all the 
duties. duties^ restrictions and liabilities set forth in all general laws 

which now are or may hereafter be in force relating to such 

corporations. 
810,000 in real SECTION 2. Said corporatiou may hold real and personal 
proper?y."°°* propcrty to tlic amouut of ten thousand dollars. 

Approved April 16, 1868. 

An Act to regulate fishixg in Connecticut river. 
Bi it enacted, ^-c, as follows : 
Penalty for tak- SECTION 1. Any pcrsou who sliall take, or who shall aid 
thi connectlTiS or assist in taking from the Connecticut River any shad at 
toi^n times.'" """ ^'^7 othcr tiiuc than between the fifteenth day of March and 
the fifteenth day of June in each year, shall forfeit and pay 
for each offence the sum of one hundred dollars. 
Penalty for tak- SECTION 2. Any persou wlio sliall takc, or aid or assist in 
the ^cwectiT^ taking from the Connecticut River any salmon before the 
^s'lSTz.^"""^"' fifteenth day of March, in the year one thousand eight hun- 
dred and seventy-two, shall forfeit and pay for each offence 
the sum of fifty dollars. 
Commissioners SECTION o. Nothiug iu this act Contained shall apply to 
from taking fish tlic taking of auy fish by order of the fish commissioners for 
for propagation, ^j^^ purposc of artificial or natural propagation of the same. 
Fish wardens to SECTION 4. The mayor and aldermen of any city, and 
compensation thc Selectmen of any town, bordering on the Connecticut 
^"^" River, shall appoint and fix the compensation of one or more 



Chap.UO 



1868.— Chapters 131, 13*2, 133. 101 

suitable persons as fish wardens within their respective cities 
and towns, who shall make complaint of all offences under 
this act. Approved April 17, 18G8. 

An Act to confirm the deed of benjamin h. Andrews, execu- (Jhnri 131 

TOR OF THE WILL OF JAMES ANDREWS. ^' 

Be it enacted, Sj-c, as follows : 

Section 1. The deed of Benjamin H. Andrews, one of Deed of Benjamin 
the executors of the will of James Andrews, to Abraham eciitor.coT&med 
Kimball and Winthrop Sargent, bearing date the fifteenth 
day of June, in the year one thousand eight hundred and 
forty-three, and recorded in the registry of deeds for the 
county of Essex, in hook three hundred and thirty-eight, at 
leaf thirteen, shall be valid to pass an estate in fee simple in 
and to the lands therein described. 

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

Approved April 17, 1868. 



An Act to provide for perpetuating the evidence of the 
payment of succession taxes. 



Chap. 132 

Be it enacted, Sfc, as follows: 

Section 1. Registers of deeds shall record receipts of Eyidence of the 
United States collectors of internal revenue for succession Son^'ta^xea^to" 
taxes, or other evidence of the payment of said taxes, on the i^ternal'TevJnue 
application therefor of the successor or his legal represen- to be recorded by 
tatives, the party applying for such record having first made 
affidavit of the genuineness of such receipt, or evidence, 
before a justice of the peace, or other person qualified to 
take acknowledgment of deeds. 

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

Approved April 21, 1868. 



Chap. 133 



An Act ratifying the sale of the franchise and property 
of the cape cod central railroad company to the cape 
cod railroad company, and for other purposes. 

Be it enacted, ^'c, as follows : 

Section 1. The purchase of the franchise and property Purchase of cape 
of the Cape Cod Central Railroad Company, by the Cape ro°1i%°SeCod 
Cod Railroad Company, approved and ratified by the stock- R««'"-°«d compa- 

111 /• • 1 r J ■> ri , , , „ r ny coafirmed. 

holders oi said companies at meetings held for that purpose 
on the fourteenth day of March, in the present year, is 
hereby confirmed and made valid ; and the railroad of the 
Cape Cod Railroad Company is hereby extended upon and 
over the location of the Cape Cod Central Railroad Com- 
pany, as heretofore made and filed, from Yarmouth to 
Orleans, in the county of Barnstable. 



Chap. 134 



102 1868.— Chapters 134, 135, 136. 

Cape Cod Rail- SECTION 2. The saicl Cape Cod Railroad Company is 

road Company , , . • -\ i • • •,1,11,1 j. 

may increase cap- hereby aiithorizou to iiicrease its ca[)ital stock by the amount 

itai stock. of five thousand shares: provided^ i\\iit no share shall be 

issued for a less sum, to be paid in in cash, than the par 

value of the shares in said corporation, as heretofore estab- 

May issue stock Hshed. And said company is hereby authorized to issue to 

trai*ii^iiro.ad Co! said Capo Cod Central Railroad Company, or its order, 

bonds/"'"'^'""^^ thirteen hundred and thirty-three shares of said stock, as 

part of the consideration for the purchase aforesaid, and to 

endorse and guarantee any outstanding bonds of said Cape 

Cod Central Railroad Company, not exceeding in amount 

the sum of one hundred and twenty-five thousand dollars, 

as further part of the consideration of said purchase. 

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

Approved AprU2\,\'^^)^. 

An Act to incorporate the iiyannis savings bank. 

Be it enacted, ^~c., as fnllows : 

Corporators. SECTION 1. Ephraiiii N. Wiuslow, R. S. Pope, Alexander 

Baxter, their associates and successors, are hereby made a 
Nameandpur- Corporation, by tlic name of the Hyannis Savings Bank, to 
p°^^- be located at Hyannis, in the town of Barnstable ; with all 

Powers and tlic powBrs aud privileges, and subjoct to all the duties, liabil- 
ities and restrictions set forth in all general laws which now 
are or may hereafter be in force, applicable to institutions for 
savings. 

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

Approved April 21, 1868. 

1^ An Act to amend the charter of the "needle woman's 

friend society." 

Be it enacted, ^'c, as follows : 

$50,000 in real SECTION 1. The " Ncedlc Woman's Friend Society," a 
properry."^*""* corporatioii established by clripter twenty-five of the acts of 
the year eighteen hundred and fifty-one, is hereby authorized 
to hold real and personal property to the amount of fifty 
thousand dollars, instead of the amount named in said 
charter. 

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

Approved Aprd 21, 1868. 

Chat) 136 "^^ '^^^ ^^ INCORPORATE THE NAUMKEAG MUTUAL FISHING INSUR- 
"' ANCE COiMPANY. 

Be it enacted, ^"c, as follows : 
Corporators. SECTION 1. Cliarlcs C. Pcttingill, Alfred Walen, Henry 

P. Pitman, their associates and successors, are hereby made 
Nameandpur- a corporatiou by the name of the Naumkeag Mutual Fishing 
ipose. Insurance Company, to be established in the city of Salem, for 



duties. 



Chap. 135 



1868.— Chapters 137, 138. 103 

the purpose of making insurance against maritime losses of 
fishing vessels, and their outfits, on the mutual principle ; 
with all the powers and privileges, and subject to all the Powers and 
duties, liabilities and restrictions set forth in all general 
laws which now are or hereafter may be in force, relating 
to such corporations. 

Section 2. No policy shall be issued until application when policies 
shall be made for one hundred thousand dollars to be insured, rn'd divis'ion^of 
and no division of any profits, remaining in the hands of the ^°^^^ ™^y ^^ 
company, shall be made, so long as the company shall be 
held accountable for any policy issued by them. 

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

Approved April 21, 1868. 

An Act concerning the ueal estate of the methodist epis- Qhfj^ IQ^ 

COPAL CHURCHES IN NATICK. /^' 

Be it enacted, ^'c, as follows : 

Section 1. The deed of Aaron Fisk, William M. Bruce, saie of meeting- 
Isaac Jennison, John M. Fisk, N. E. Drew and Frederic Bal- F^ef "Methodist 
com, trustees of the First Methodist Episcopal Church in fa'''NS,''co'i!'- 
Natick, to the trustees of the Second Methodist Episcopal firmed. 
Church in Natick, dated the tenth day of October, in tlie 
year one tliousand eight hundred and sixty-seven, sliall be 
deemed to be a valid conveyance in fee simple of the meet- 
ing-house and land therein described. 

Section 2. Franklin Stevens, Elbridge Howe, James M. Trustees ser«ud 
Beal, Simeon Hardy, Henry H. McCracken, Henry J. Shat- copai church in 
tuck, Robert Best, John M. Fisk and William M. Bruce, SeeUngSse'" 
trustees of the Second Methodist Episcopal Church in eee'dsoTsaie how 
Natick, and their successors, are hereby authorized, by the '<> be applied, 
deed of a majority of such trustees, to sell and convey the 
said meeting-house and land in fee, in such manner as they 
may deem expedient : provided^ that the proceeds of such 
sale, after the payment of the debts of the Second Methodist 
Episcopal Church, shall be applied to the purchase or 
improvement of other real estate for the uses set forth in 
the aforesaid deed. 

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

Approved April 21, 186S. 
An Act to authorize the essex savings bank in the city of Qhnv) I38 

LAWRENCE, TO HOLD REAL ESTATE. t'' 

Be it enacted, ^'c, as follows: 

Section 1. The Essex Savings Bank, located in the city Mayhoids3o,ooo 
of Lawrence, is hereby authorized to hold real estate to the iTanMnghou'se.'''^ 
amount of thirty thousand dollars : provided, that no part Proviso, 
of said amount shall be invested in real estate, except in the 



104 1868.— Chapter 139. 

purchase of a suitable site, and the erection or preparation 
of a suitable building, to be used for banking purposes ; and 
all income, if any, arising from sucli real estate, shall be 
devoted exclusively to the interests of said corporation. 
Section 2. This act shall take effect upon its passage. 

Approved April 21, 1868. 



Chap. 139 



An Act to incorporate the town of hyde park. 
Be it enacted, ^c, as follows : 
orpartsTf^Dor^- SECTION 1. All the territory now within the towns of 
Chester, Dedham Dorchcstcr, Dcdliam and Milton, in the county of Norfolk, 
comprised within the following limits, that is to say : begin- 
ning at the north-easterly side of Paul's Bridge, so called, 
Boundaries. wherG it ci'osscS Nepousct River from Milton to Dedham; 
thence running down the Neponset River by the thread of 
the stream to a point two tiiousand and thirteen feet below 
the lower side of Paul's Bridge ; thence by a line running 
north sixty-six and one-third degrees east (magnetic,) five 
thousand three hundred and forty-four feet, to a point in the 
field north-west of E. W. Capen's house, and measuring one 
hundred and fifteen feet on a course south, eighty-seven 
degrees east (magnetic,) from an oak tree ; thence north 
ten degrees (magnetic,) two thousand seven hundred and 
eight feet to the boundary wall of land of James M. 
Robbins ; thence by said wall and a continuation thereof 
north twenty-five and one-third degrees west (magnetic,) 
one thousand seven hundred and fifty-seven feet to the 
Neponset River ; then running north-easterly by a straight 
line passing from said last mentioned point, through a point 
distant fifty feet north-westerly from the nortii-westerly 
corner of the house of Amor Hollingsworth to Neponset 
River ; then running north-easterly, following the said Nepon- 
set River to a point where the line of the said river inter- 
sects a straight line drawn from a point on the westerly line 
of Brush Hill Road, distant eleven hundred feet south-west- 
erly from the junction of Brush Hill Road and Brush Hill 
Turnpike to a point on the Boston, Hartford and Erie Rail- 
road, distant fourteen hundred feet north-easterly from the 
railroad bridge over River Street in Dorchester at the station 
on said railroad now called River Street Station ; then 
crossing the said Neponset River in continuation of the said 
line, and continuing north-westerly in the same course, and 
in a straight line, to the present boundary line between 
Dorchester and West Roxbury ; then running south-westerly 
on the present boundary line between Dorchester and West 
Roxbury, to a monument on the present boundary line 



1868.— Chapter 139. 105 

between Dorchester and Dedham, being the extreme westerly 
point of the present town of Dorchester ; then running 
south-easterly on the present boundary line between the 
towns of Dedham and Dorchester, one hundred and nine 
rods, to a monument on a hill, being one of the monuments 
between the towns of Dedham and Dorchester ; then running 
southerly in a straight line to a point in the centre of the 
Boston, Hartford and Erie Railroad, distant one hundred 
and forty-six rods westerly from the point where the centre 
line of said railroad crosses the centre line of the Boston and 
Providence Railroad at Readville, so called ; then running 
south-easterly in a straight line to a monument on Neponset 
River, at the corner of the towns of Milton, Canton and 
Dedham, being the extreme northerly point of the town of 
Canton ; then running north-easterly on said river to the 
point of beginning : is hereby incorporated into a town by 
the name of Hyde Park ; and said town of Hyde Park is powers and 
hereby invested with all the powers, privileges, rights and '^"'^'^^" 
immunities, and is subject to all the duties and requisitions to 
which other towns are entitled and subjected by the consti- 
tution and laws of this Commonwealth. 

Section 2. The inhabitants of said town of Hyde Park Taxes, 
shall be holden to pay all arrears of taxes which have been 
legally assessed upon them by the towns of Dorchester, 
Milton and Dedham, respectively ; and all taxes heretofore 
assessed and not collected, shall be collected and paid to the 
treasurers of the towns of Dorchester, Milton and Dedham, 
respectively, in the same manner as if this act had not been 
passed ; and until the next general valuation of estates in 
this Commonwealth, the town of Hyde Park shall annually 
pay over to the said towns of Dorchester, Dedham and Mil- 
ton, respectively, the proportion of any state or county tax 
which the said towns of Dorchester, Dedham and Milton, 
respectively, may be required to pay upon the inhabitants or 
estates hereby set off; said proportion to be ascertained and 
determined by the respective valuations of the said towns 
of Dorchester, Dedham and Milton, next preceding the 
passage of this act. 

Section 3. Said towns of Dorchester, Milton, Dedham and support of pau- 
Hyde Park shall be respectively liable for the support of all ''^"* 
persons who now do or shall hereafter stand in need of relief 
as paupers, whose settlement was gained by or derived from 
a settlement gained or derived within their respective limits. 

Section 4. The towns of Dorchester, Milton, Dedham corporate prop- 
and Hyde Park siiall retain and own the corporate property "'^' 
within their respective limits, and. the town of Hyde Park 

' 21 



106 1868.— Chapter 139. 

Debts. shall not he llahle for any portion of the dehts of the other 

thi-ee towns, nor be entitled to any of their corporate prop- 
erty except that included within its limits. 
Provisions for SECTION 5. Tlic town of Hvde Park, for the purpose of 
and federal offi- elcctiug representatives to congress, senators and represen- 
"'^*' tatives to the general court and members of the governor's 

council, until the next decennial census, or until another 
apportionment be made, shall remain a part of said towns 
of Dorchester, Milton and Dedliam, respectively, and vote 
therefor at such places, respectively, as the said towns of 
Dorchester, Milton and Dedham shall rote ; and the select- 
men of Hyde Park shall make a true list of all persons 
within their town qualified to vote at every such election, 
and shall post up the same in said town of Hyde Park, and 
shall correct the same as required by law, and shall deliver 
a true list of all such voters as are entitled to vote in said 
towns of Dorchester, Milton and Dedham, respectively, to 
the selectmen thereof, seven days at least before such elec- 
tion, to be used thereat. 
Certain streets SECTION 6. The selcctmeu of the town of Hyde Park, 
M^d'^ when^'com- subjcct to thc approval of the inhal)itants according to law, 
}i!rway8°of Miu i^^J ©xtcnd any public streets, highways or toviniways, 
ton. running south-easterly from Neponset River, which it may 

lay out and make within its own limits to any point or 
points on Brush Hill Road, in the town of Milton, south- 
westerly of the land now owned by James M. Robbins ; and 
all parts of such streets and ways which may be within the 
town of Milton shall become public ways of Milton, when- 
ever they shall have been laid out and completed by the 
town of Hyde Park to the satisfaction of the county com- 
missioners of the county of Norfolk. 
First meeting for SECTION 7. Any justicc of the pcacc witluu and for the 
ficer8^how''cIue"d! couuty of Norfolk may issue his warrant, directed to any 
principal inhabitant of the town of Hyde Park, requiring 
him to notify and warn the inhabitants thereof, qualified 
to vote in town affairs, to meet at the time and place 
appointed, for the purpose of choosing all such town 
officers as towns are by law authorized and required to 
choose at their annual meetings ; and said warrant shall 
be served by posting up copies thereof, all attested by the 
person to whom the same is directed, in three public places 
in said town, seven days at least before such meeting. Such 
justice, or in his absence, such principal inhabitant, shall 
preside until the choice of moderator in said meeting. The 
selectmen of the towns of Dorchester, Milton and Dedham 
shall, before said meeting, prepare a list of voters from their 



1868.— Chapters UO, 141. 107 

respective towns within said Hyde Park qualified to vote at 
said meeting, and shall deliver the same to the person presid- 
ing at such meeting before the choice of a moderator thereof. 
Section 8. Tiiis a.ct shall take effect upon its passage. 

' Approved April 22, 1868. 

An Act to incorporate the whitin machine works. Chap. 14.0 

Be it enacted, Sj-c, as follows : 

Section 1. John C. Whitin, Josiali Lasell, John M. corporators. 
Whitin, their associates and successors, are hereby made a 
corporation by the name of the Whitin Machine Works, for Name and pur- 
the manufacture of castings, and various kinds of machinery ; p°^®" » 

also, for the manufacture of fabrics from cotton and other 
fibrous materials, in the town of Northbridge, in the county 
of Worcester ; with all the powers and privileges, and sub- powers and 
ject to all the duties, restrictions and liabilities set forth in ''""^'* 
all general laws, which are now or may hereafter be in force 
relating to manufacturing corporations. 

Section 2. The capital stock of said corporation shall capuai stock and 
not exceed one million dollars, and shall be 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 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 April 22, 1868. 

An Act to regulate the sale of intoxicating liquors. Chan 141 
Be it enacted, §'c., as follows : 

Section 1.' No person shall sell, or expose or keep for intoxicating ii- 
sale, intoxicating liquors, unless he is authorized to sell the g'old" without ^a 
same in the manner provided in this act : provided, that the license. 
maker of cider and native wines may sell the same not to be cider and native 
drunk on his premises ; and provided, also, that the importer To'idT^itoout a 
of liquor of foreign production, imported under authority of i^^p"orters'"^or" 
the laws of the United States, may own, possess, keep or sell foreign liquors 
the same in the original casks or packages in which it was original pack- 
imported, and in quantities not less than the quantities in ^^^^' 
which the laws of the United States require such liquor to be 
imported ; and provided, furllier, that nothing herein con- 
tained shall apply to sales made by sheriffs, deputy sheriffs, saies may be 
coroners, constables, collectors of taxes, executors, adminis- ^mcilu.^ ''^ 
trators, guardians, assignees in insolvency or bankruptcy, or 
any other person required by law to sell personal property. 

Section 2. The county commissioners for the several conn- county commis- 
ties shall license to be sellers of intoxicating liquors within seliw? in 'every 
each city or town in their respective counties, one or more '°"°" 



108 



1868.— Chapter 141. 



License commis- 
sioners to license 
in counties of 
Suffolk and Nan- 
tucket. 

Term of office. 



Vacancies, how 
filled. 



Compensation. 



Licenses, to 
whom may be 
granted and 
upon wliat 
terms. 



persons, being applicants therefor, and as many other such 
persons as in their opinion the public convenience may 
require, upon the terras and conditions iiereinafter provided. 

Section 3. The powers and duties of the county commis- 
sioners under this act, shall, for»the counties of Suffolk and 
Nantucket, be vested in and discharged by three license com- 
missioners for each county. The said commissioners shall 
be chosen by the people of said counties at an election to be 
held on the third Tuesday of May next, to hold office, one 
for one year, one for two years, and one for three years, from 
the first day of January, in the year one thousand eight hun- 
dred and sixty-eight, and until their respective successors 
shall be qualified ; and thereafter shall be chosen at the reg- 
ular November election in each year, one commissioner for 
each of said counties, to hold office for the term of three 
years, from the first Wednesday of January following his 
election, and until his successor is qualified. Vacancies 
occurring in the office of license commissioner shall be filled 
at the next November election, for the unexpired term, and 
the governor, by and with the advice and consent of the 
council, shall appoint a commissioner to hold office during 
the interval. 

The said licence commissioners shall be paid from the 
treasury of the counties aforesaid, five dollars each, with 
their necessary travelling expenses, stationery, clerk hire and 
office rent, for every day actually employed in the duties of 
their office, and they may appoint a clerk and fix a reasonable 
sum as his salary. 

Section 4. Licenses shall be granted only to the following 
classes of persons, for the purposes, and on payment o^ the 
fees hereafter named, to wit : 

First. Licensed innholders, to sell to be drunk on the 
premises, who shall pay a fee of one hundred dollars. 

Second. Licensed common victuallers, to sell to be drunk 
on the premises, who shall pay a fee of one hundred dollars. 

T/iird. Liquor dealers engaged in no other business in 
connection therewith, to sell not to be drunk on the premises, 
who shall pay a fee of one hundred dollars. 

Fourth. Liquor dealers engaged in no other business con- 
nected therewith, to sell to be drunk on the premises, who 
shall pay a fee of one hundred dollars. 

Fifth. Grocers, apothecaries and druggists : to sell not to 
be drunk on the premises, who shall pay a fee of fifty dollars. 

Sixth. Brewers and distillers. Brewers and distillers 
may sell intoxicating liquors, of their own manufacture, and 
at their place of manufacture, or their regular place of busi- 



1868.— Chapter 141. 109 

ness, in quantities of not less than thirty gallons, the whole 
to be exported from the state, and no part thereof to be used 
therein, and the burden shall be upon such persons, in any 
proceeding under this act, to prove that the sale was for 
exportation, as aforesaid. Brewers and distillers may be 
licensq^ to sell not to be drunk on the premises, for a fee of , 

one hundred dollars. Any person or persons, non-residents Non-residents 
of this Commonwealth, engaged in selling, trading or vend- and Vr8o''ns^°not 
ing intoxicating liquors, and any hawker, peddler, or travel- iJed"from''8e°UDg 
ling agent, engaged in selling for any person or persons, who "luors. 
are non-residents of this Commonwealth, or who have no 
licensed place of business established therein, are hereby pro- 
hibited from making sales, offering for sale, vending, trading, 
or contracting, in any manner whatsoever, in intoxicating 
liquors, within the limits of this Commonwealth. And any Penalty, 
person so selling, offering for sale, vending, trading or con- 
tracting, shall be liable to a fine not exceeding five hundred 
dollars, and imprisonment not exceeding six months. 

Section 5. If any person having a license to sell to be License to eeii to ■ 
drunk on the premises shall be found to have been at the prnmi^e"^ °°how 
time the license was granted engaged in or shall afterwards fof'^'"***- 
engage in the business of a grocer, apothecary, druggist, 
brewer or distiller, on the premises described in his license, 
or in any place connected therewith, his license shall thereby 
be forleited, and he shall not be licensed for a period of one 
year after tlie expiration of the term of the forfeited license, 
and no license shall be granted to be exercised on the prem- 
ises descril)ed in the license so forfeited, for the residue of 
the term thereof. 

Section 6. The inhabitants of any city or town may, on Not to be grant- 
the third Monday in May next, and thereafter, at their reg- cpnsed'^Tnnhoid- 
ular annual meeting for the choice of city or town officers, *"■■'• "'^«° "^'"f 

, I 11 1 1 • 1 and towns so vote 

vote that no license shall be granted m such town or city, 
which will authorize the sale, to be drunk on the premises, 
of either distilled or fermented liquors, or both. In which 
case the commissioners shall grant no such license, except 
to licensed innholders to sell to their actual and bund fide 
guests. 

Section 7. Every license shall be signed by the major License, by whom 
part of the commissioners and recorded ; shall bear the date when''* to"^b^r 
of the day when issued ; shall specify the building in which bunding, 7h^th- 
sales of liquors are authorized to be made, and where prac- " I'q""" may be 
ticable, the part of the building ; and whether said liquors pes, and when to 
may or may not be drunk on the premises of the person *"**"*• 
licensed ; and shall expire on the first day of May, unless 
sooner adjudged to be void. One dollar shall in all cases be cierk'sfee. 



no 1868.— Chapter 141. 

paid to the clerk of the commissioners, by the person receiving 

the license, in addition to the fee herein provided. 

Commissioners to SECTION 8. It shall be the duty of the commissioners to 

town'authoXs Tcport to thc mayor and aldermen of each city, and to the 

ucenses they in- selectmen of cach town, within their respective counties, the 

tend to issue: 11 , .' •!• ^ • j. j. i*l 

, objected to not to liccnscs they intend to issue witnm such city or town j wnicli 
fuu hearing ha" report shall be made fourteen days before the license would 
take effect. And if the mayor and aldermen or the select- 
men shall, before the time for the license to take effect, in 
writing object to any license on the ground of the personal 
unfitness of the licensee to exercise the license in question, 
such license sliall not be issued unless such commissioners, 
after a full hearing, shall otherwise determine. 
Provisions con- SECTION 9. ' It shall be the duty of the commissioners to 
ure°ofiicen°f' '■ rcvokc any license upon proof satisfactory to them that the 
licensee has violated, or permitted to be violated, any of the 
provisions of this act, after a summary hearing of the licensee, 
or notice and reasonable opportunity for him to be heard. 
After such revocation, the licensee shall not be licensed for 
one year after the expiration of the term of the license so 
revoked ; and no license shall be granted to be exercised on 
the premises described in the license so revoked, for the resi- 
due of the term of the revoked license. And the commis- 
sioners shall give to the municipal authorities of any city or 
town, notice of the revocation of any license granted to be 
exercised therein. 
Liquors to be SECTION 10. A liccnsc to scll iutoxicatiug liquors, to be 
s^eTnotToTsoid druuk ou thc premises of the person licensed, shall confer no 
between twelve at autlioritv to scU betwecu tlic hours of twelve o'clock in the 

night and five in ""'"■"'^ »v ■,-,•, • i • 

the morning. night and five clock iii the next morning, nor during any 
innhoiders and part of thc Lord's day : provided, however, that innholders 
druggists except- ^\^^\\ ^j^ye the right at all times to furnish their guests with 
any article which they shall by license be authorized to sell, 
but not to keep or maintain a public bar on the Lord's day ; 
and provided, that apothecaries and druggists may sell liquors 
at such times, on a requisition of a licensed medical practi- 
tioner therefor, made out and signed during the prohibited 
period or periods, not to be drunk on the premises. 
Intoxicated per- SECTION 11. No Hccnscd pcrsou shall sell intoxicating 
sons and minors, jj^^^^^. ^^ ^^^^ intoxicatcd pcrsou, or to aiiy person under 

twenty-one years of age. 
Fees for licenses, SECTION 12. All fccs for liccnscs uudcr tliis act shall be 
ho^^TpUed' ''''"' paid to the commissioners of the respective counties wherein 
the same are granted ; and the said commissioners shall, on 
thc first day of every alternate month, beginning with the 
month of June in each year, pay over to the treasurer of 



1868.~Chafter 141. Ill 

each town or city one-half of the fees received by them for 

licenses, to be exercised in such town or city, and the i-esidue 

of their receipts to the treasurer of the Commonwealth ; and Penalty for neg- 

any officer neglecting to make such payment shall forfeit 

the sum of fifty dollars for each and every day said sum 

received by him as aforesaid shall be retained in violation of 

this section. 

Section 13. The several commissioners shall, on the first Return to secre- 
day of every alternate month, beginning with the month of monweaith. °^' 
June in each year, return to the secretary of tbe Common- 
wealth the name of each person licensed, his place of resi- 
dence, the date and character of his license, and the amount 
of his license fee. Any officer neglecting to make such Penalty, 
return shall forfeit and pay the sum of fifty dollars for each 
offence. 

Section 14. The said commissioners, and the mayor and officers may en- 
aldermen of any city, and the selectmen of any town, and ifcen^ed'peKons, 
any police officer or constable specially authorized by them, for^aDa'iyBis*|"ex- 
may at any time enter upon the premises of any persons j^^'J^^^a^i^"*'^"^' 
licensed under this act, to ascertain the manner in which 
such persons conduct their business, and to preserve order 
therein. And such officers may at any time take samples for 
analysis from any liquors kept by such licensed persons ; 
and in case said liquors are found to be pure or of good 
quality, the expense of such analysis shall be paid by the 
treasurer of the city or town whose officers demanded the 
analysis ; but if such liquors are found to be impure or of bad 
quality, the expense of the analysis shall be paid by the 
licensed person, and may be recovered upon a complaint 
made by the treasurer of the city or town in which said 
samples were taken, against such licensed person, who shall 
thereupon forfeit his license, and shall not be licensed again 
within three years, and no license shall be granted to be 
exercised on the premises described in the license so forfeited, 
for the residue of the term thereof. Proceedings for the impure liquors 
recovery of the expense of said analysis, and for the decree '° ''^ '^e^'^'oy^'^- 
of forfeiture of said license, may be had before any muni- 
cipal or police court, or any trial justice, and such court or 
justice may also order such liquors, found to be impure or 
of bad quality, to be destroyed. 

Section 15. When any person, by the excessive use of city and town 
intoxicating liquor, injures his health, exposes his family to prohrbit'^saie™*^ 
want or violence, or the town or city of his settlement pe^rsoL'." "^^^^^'^ 
to expense, the mayor and aldermen and the selectmen of 
such town or city, shall, in writing, forbid any licensed per- 
son to sell or deliver to him any such liquor, lor the residue 



112 1868.— Chapter 141. 

of the year of bis license ; and they may, in like manner, 
forbid any person licensed in any other city or town, to sell 
or deliver such liquor to such person, during the time afore- 
said ; and said prohibition shall be recorded by the city or , 
town clerks, in a record book of said city or town, and the 
mayor and aldermen and selectmen, shall, in like manner, 
from year to year, renew such prohibition, as to such persons 
as, in their opinion, shall not have reformed. 
Penalty for sell- SECTION 16. If any pcrsou during the time of such pro- 
Sfson.^'"^"**""* hibition, and having notice thereof, whether by the official 
notice aforesaid or otherwise, shall give or sell to, or pur- 
chase or procure for or in behalf of, any such prohibited 
person, any intoxicating liquor, he shall be punished by a 
fine not exceeding fifty dollars, or imprisonment in the house 
of correction for a term not exceeding six months. 
Compensation to SECTION 17. A married woman may have an action of 
dren rnd°otheri; tort ui liGV owu name, against any person who has sold or 
from''semn''^"to gi^eu to, or purchascd or procured for her husband any 
prohibited per- liquors, iu violatioii of the two preceding sections, and may 
recover compensation for any loss or injury accruing to her 
thereby, and whatever she may recover shall be her own 
property ; and any child of a person living with, and 
dependent in whole or in part upon said person to or for 
whom any liquor may have been sold, given, purchased or 
procured in violation of the two preceding sections, may 
have a like action in his own name, or if a minor in the name 
of guardian or next friend, and may recover compensation 
for any loss or injury accruing to him thereby, and what- 
ever may be recovered shall be his own property. And any 
person may have a like action to recover compensation for 
any loss or injury accruing to him by means of any such 
sale, gift, purchase, or transfer in violation of the two pre- 
ceding sections. 
Penalties. SECTION 18. Any pcrsou couvicted of a violation of any 

of the provisions of this act, shall be punished by a fine not 
exceeding five hundred dollars, and confinement at hard 
labor in the house of correction not exceeding six months.^ ^ 
Any licensed person so convicted, shall in addition to said 
penalties forfeit his license, and shall not again be licensed 
for the period of one year after the expiration of the term 
of his license ; and no license shall be granted to any per- 
son under this act to be exercised on the premises described 
in the said forfeited license during the residue of the term 
thereof. 
Proceedings in SECTION 19. If a violatiou of the terms or provisions of 
ScTartToiated" this act shall be committed on the premises in which a license 



1868. — Chapter 141. 113 

is authorized to be exercised, the licensee shall forfeit his 
license, unless he shall satisfy the authorities havino- power 
to revoke the same or to decree it forfeit, that the violation 
took place without his knowledge and against his will and 
that he had used due care and diligence to prevent tlie 
occurrence thereof. In case of a violation of any of the 
terms of the license or of any of the provisions of "this act 
the license may be revoked by the commissioners, as pro- 
vided in this act, or it may be decreed forfeit as part of 
the judicial decree or judgment where proceedings are had 
before any court or justice for any other purpose named in 
this act, and the pendency of such proceedings shall not 
suspend or interfere with the authority of the commissioners 
to revoke the same. 

Section 20. The delivery of intoxicating liquor in or "-hattobedeem- 
from any building, booth, stand or other place, except a sai.!"''°^^ "' * 
private dwelling-house, or in or from any private dwellino-- 
fiouse, if any part thereof or its dependencies is used as an 
inn, eating-house or shop of any kind, or other place of com- • 
mon resort,— such delivery in either case being to any person 
not bond fde a resident therein,— shall be prima fade 
evidence that such delivery is a sale of intoxicating liquors 

tbk .?/T ?iV ^^^'''T "Itoxicating liquors or liquors in whattobedeem- 
iius act shall be construed to include ale, porter, stronu" beer f^ ' intoxicating 
lager beer, cider and all wines, as well as distilled spirits. ' ' 

bECTiON 22. Every person licensed as aforesaid, shall keen tv ^ 

a frnn ori/>^,,.>* ^P ii )• . . ^^^"1^., ^iiaii tvcop Licensed person 

d true account oi tlie liquors consianed to him for «ale or '° '^''''p '"^count 
purchased by him, and the original bills of sale or invoices of Xned'"- pu" 
the same specifying the name and place of business of the ^^Zt'Jl^f^ 
person ot wiiom the same were purchased, and the date of '°'^° treasurer 
each purciiase and the price thereof; and he shall, before the -'- ' *"' " 
tirst day of every alternate month, Iieginning with the month 
ot May in each year during which such license shall be in 
force, return to the treasurer of the city or town within which 
the business under such license is carried on, a true account, 
under oath, of all liquors sold, given away or disposed of by 
him during the then preceding two months, with the true 
value thereof, according to the price at which the same were 
sold ; and he shall thereupon within the five days from and 
alter tlie said first days of every alternate month respectively, 
pay to said treasurer or to the collector of taxes of said city 
or town, at their oflfices respectivelv, the folfowing tax upon * 
tiie value of the liquors so sold, given away or disposed of, to 
wit: innholders, common victuallers, and liquor dealers sell- 
ing to be drunk on the premises, two per cent. ; brewers 
licensed under the fourth section of this act, and vendors of 



22 



114 1868.— Chapter 141. 

malt liquors, to be carried away and not to be drunk on the 
premises, at the rate of five cents a barrel of thirty gallons ; 
L'sTof'ffiL re- all other licensed persons one per centum. And in case the 
turns; peuaities. Q\iy qj. town trcasurcr to whom such return is made as afore- 
said, shall have reason to suspect or believe that the said 
return is false or fraudulent, and shall so declare under oath, 
the person making such return shall, when requested, pro- 
duce to the said treasurer, or to any other person or persons 
by him duly authorized to examine the same, his books and 
accounts showing the amount of his purchases, consignments 
and sales, and his bills and vouchers therefor, and shall make 
true answers in writing, to be signed by him and under oath, 
to any questions proposed to him by said treasurer or other 
person or persons duly authorized by liim as aforesaid, in 
relation to said liquors and his dealings in respect to the 
same. A failure to make any return or payment required 
to be made under this section, or to comply with any other 
of the provisions of the same, or any false swearing in such 
return, or in the answers to the questions which may be pro- 
posed as aforesaid, shall be a forfeiture of said license, and 
upon satisfactory evidence thereof, said commissioners shall 
revoke and annul the same, and no license shall be granted 
to the licensee for the period of one year after the expiration 
of the term of the license so revoked. 
' Proceedingswhen SECTION 23. If any pcrsou licciised under the provisions 
mentrtre ^not of tliis act shall fail to make the returns and payments 
made. required by the twenty-second section of this act, or shall 

make a false return, or false answers to any questions pro- 
posed to him by the treasurer, as therein provided, it shall 
be the duty of the collector of taxes of said city or town, or 
his deputy, to make complaint thereof to the commissioners, 
and he shall give seasonable notice to the licensee to ai»pear 
before said commissioners, and answer to such complaint; 
and the said commissioners, if such complaint shall be estab- 
lished to their satisfaction, shall revoke said license ; and 
they shall also determine whether any tax still remains due 
and unpaid from such licensee, and shall fix the amount 
Taxes, how col- thcrcof at their discretion; and they shall deliver to the col- 
i€cted. lector of taxes of said city or town, or his deputy, a warrant 

for the collection of said tax, and the collector shall have for 
this purpose all the powers conferred on him by law for the 
collection of taxes on personal property. 
Deputy collector SECTION 24. Collcctors of taxcs may for the purposes of 
bonds'.*^ ° ^'^^ this act appoint deputies, who shall give such bonds fur the 
faithful discharge of their duties as the mayor and aldermen 
or selectmen may think proper. They shall within ten days 



1868.— Chapter 142. 115 

after the said first days of May and November hi each year, Penalty on town 
make return to the treasurer aforesaid of the amounts of feTrpa?"!; 
money received or collected by them under this act, and pay ^^J^^^ common- 
the same to said treasurer, who shall within thirty dc\ys there- 
after pay over one-half thereof to the treasurer of the Com- 
monwealth, and any treasurer of any city or town neglectino- 
to make such payment shall forfeit the sum of fifty dollars 
for each day said sum of money so received by him shall be 
retained in violation of this section. 

Section 25. The municipal cpurts of any cities, trial jus- whatcourtshaye 
tices in their respective counties, and police courts within •'"""^''^"°°- 
their districts, shall have jurisdiction concurrent with the 
superior court over all violations of the provisions of this 
act. 

Section 26. The eighty-sixth chapter of the Goieral Stat- Repeal, 
utes, and all acts and parts of acts inconsistent herewith, are 
hereby repealed. « 

\_The foregoing Act having been laid before the Governor on the seven- 
teenth of April, and not being returned by him with his objections within five 
dags after receiving the same, as prescribed bg the Constitution, became a 
law, and " will take effect on the thirtieth day next after" the 2dd of April 
inst.^ 

An Act to authorize thk town of sunderland to subscribe 

FOR AND HOLD SfOClv IN THE SUNDERLAND BRIDGE CORPORATION. Ckap. 142 

Be it enacted, cVc, as follows: 

Section 1. The town of Sunderland, in the county of s„„,,,„„, ^.^ 
Jbranklin, is hereby authorized to subscril)e for and hold t^ke stock in sun- 
shares in the capital stock of the Sunderland Bridge Cor])o- corJorHtiou,"uf- 
ration, to an amount not exceeding four per cent., of the Vlt^ \r"Jegti 
assessed valuation of said town : provided, the inhabitants """^''^g. 
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 accord- 
ance with the provisions 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 which it may possess. 

Section 2. Said town is hereby authorized to raise by ;«a'rai<.emone 
loan, tax or bonds, any and all sums of money which shall bv^Mx"^r''pay 
be necessary to pay its subscription to said stock, and for its reV'lXs.'"''" •''"''' 
proportion of repairs of said bridge, whenever the income 
from tolls of said bridge shall be insufficient to keep the 
same in proper condition for travel. 

Section 8. The selectmen of said town shall have authority selectmen may 
to represent said town, at any and allmeetinos of said bridge '■«p'"'^^«"' ^"y"^' 

. -, iii-i t-i^in corporation I 

corporation, and are hereby authorized to vote on the whole ■"ee'iigs. 



116 1868.— Chapters 143, 144, 145. 

amount of the stock so held by said town, anything in the 
sixty-third chapter of the General Statutes to tlie contrary 
notwithstanding. 

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

Approved April 28, 1868. 

ChaT) 143 ^^ ^^"^ CONCERNING SIDEWALKS IN THE CITY OF LAWRENCE. 

Be it enacted, §-c., as follows : 
Sidewalks may be SECTION 1. Wlicnever thc Hiayor and aldermen of the 
dtro"Lawren^ce city of Lawreucc shall deem it expedient to construct side- 
charged '"'u^on walks, or complete any partially constructed sidewalks, in 
abutters. ^^^^ strcct of Said city, they are hereby authorized to con- 

struct or complete such sidewalks with edge-stones, and in 
front of buildings or occupied premises to cover the same 
with brick or flat stones, or other appropriate materials ; and 
they are further authorized to cover such sidewalks in front 
^ of vacant lots of land with brick, plank or other appropriate 

material ; and the expense of such edge-stone and covering 
materials shall be assessed upon the abutters in just propor- 
tions, and shall constitute a lien upon the abutting lots of 
land, and be collected in the same manner as taxes on real 
' estate now are ; and such sidewalks when constructed and 
covered as aforesaid shall afterwards be maintained at the 
expense of the city. 
When to take SECTION 2. Tliis act shall take effect whenever accepted 

'^'''" by the city council of the city of Lawrence by a two-thirds 

vote, of each branch thereof. Approved April 29, ISQS. 

Chnn 1 44 An Act to increase the capital stock of the naumkeag steam 
K^nap. L^t cotton company. 

Be it enacted, Sj-c, as follows : 

$1,500,000 addi- Section 1. The Naumkeag Steam Cotton Company is 
stock! '^^''"'' hereby authorized and empowered to increase its capital 
stock to an amount not exceeding the sum of fifteen hun- 
dred thousand dollars. 

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

Approved April 29, 1868. 

Cka/0 145 An Act concerning the boston, hartford and erie railroad 

"' COMPANY. 

Be it enacted, ^'c, as follows: 

Boston, Hartford SECTION 1. Thc Bostott, Hartford and Erie Railroad 
*^«'decTar' Compauy heretofore created in the state of Connecticut, by 
ed to be a corpo- ^jjQ legislature thereof, and acting within this Coramon- 
"^"°' wealth and recognized by acts heretofore passed by its legis- 

lature, is hereby declared to be a corporation by that name 
and vested with all tlie franchises, powers and privileges, 



1868.— Chapter 145. 117 

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 such corporations ; and the acts of said po^lpany^coaf 
company in forming, a union or connection with one or more firmed. 
railroad companies in the states of Rhode Island, Connecti- 
cut and New York, with a view of creating a continuous 
line of railroad from Boston to connect with the railroad of 
the Erie Railway Company in New York, and the deeds, 
leases, contracts and arrangements in respect to the same, 
so far as they affect the said continnous line in this Com- 
monwealth and the union of this corporation with said compa- 
nies, be and the same are hereby ratified and confirmed as 
fully as if the same had originally been made or done under 
and by virtue of a special law of this Commonwealth. And substituted in 

1 • 1 -r. XT n 1 1 TT • T-k M T /^ • place of southern 

the said Boston, Hartrord and Lrie Kanroad Company is Midland Railroad 
hereby substituted in the place and vested with all the fran- ^''■"p^"^- 
chises, rights, property and powers, and is subject to all the 
duties and liabilities of tlie Southern Midland Railroad 
Company, which was created by an act of this Common- 
wealth passed the twenty -eighth day of March, in the year 
eighteen hundred and sixty-three. But nothing in this act ciaims against 

iii«>, • • • i<T T roads not to be 

shall affect, or in any way impair any outstanding liens, impaired. 
mortgages or other claims or incumbrances upon either 
or any of said railroad companies, or their franchises or 
property. 

Section 2. The capital stock of said Boston, Hartford capital stock. 
and Erie Railroad Company shall not exceed tlie sum of 
twenty-five million dollars, without the consent of this Com- 
monwealth. 

Section 3. The commissioners appointed and qualified commissioners 

, r> I • r^ 11 ^ -\T ^""^ examine 

under the act oi this Commonwealtii passed May twenty- witnesses un- 
seventh, in the year one thousand eight hundred and sixty- 
seven, to aid in the construction of the Boston, Hartford 
and Erie Railroad, are hereby authorized and empowered to 
examine upon oath by deposition, affidavit or otherwise, all 
such persons as witnesses, whose testimony they may deem 
important in aiding them to execute the duties of their 
office ; and all such witnesses shall be subject to the pro- 
visions of the second section of the one hundred and sixty- 
third chapter of the General Statutes. 

Section 4. This act shall not take effect till it has been when to take 
accepted by the company at a meeting of the stockholders ^^"'• 
called for the purpose of voting on the question of said 
acceptance. Approved April 29, 1868. 



118 



18(38._Chapters 146, 147. 



r-ii 1 ^ ^ An Act to incorporate the nf.ptune woolen manufactur- 

(Jnap. 14:D ING company. 

Be it enacted, Sj-c, as follows : 

Section 1. Augustus C. Carey, Hugh K. Moore, George 
W. Cochrane, their associates and successors, are hereby- 
made a corporation by the name of the Neptune Woolen 
Manufacturing Company, for the purpose of manufacturing 
woven and knit fabrics of wool or cotton, or in part ot 
wool, cotton, silk, flax or otber like material, in the city of 
Lawrence ; 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 
hereafter may be in force relating to manufacturing corpo- 
rations. 

Section 2. Said corporation may hold tor the purposes 
aforesaid, real estate necessary and convenient for its busi- 
ness to an amount not exceeding three hundred thousand 
capital stock and dollars, and the whole capital stock shall not exceed five 
hundred thousand dollars, divided into shares ot one hun- 
dred dollars each : provided, however, that said corporation 
shall not go into operation until one 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 April 29, 1868. 



Corporators. 



Name and pur- 



Powers and 
duties. 



Real estate. 



shares. 



Proviso. 



Ch 147 ^^ ^^"^ '^^ incorporate the boston skating rink association. 
' ' Be it enacted, ^c, as follows : 

Section 1. John Rindge, N. B. Stevens, Charles E. 
Fuller, their associates and successors, are hereby made a 
corporation by the name of the Boston Skating Rink Asso- 
ciation, for the purpose of constructing and erecting a skat- 
ino- rink, so called, in the city of Boston, and maintaining 
such skating rink, with the buildings, appurtenances and 
improvements, connected therewith; with all the powers 
and privileges, and subject to all the duties, lialnhties and 
restrictions set forth in general laws which now are or 
may hereafter be in force, and applicable to such corpora- 
tions. „ .-, J.- in 

Section 2. The capital stock of said corporation shall 
not exceed fifty thousand dollars, and shall be divided into 
shares of one hundred dollars each ; and said corporation 
may hold real estate to the value of fifty thousand dollars, 
for the purposes mentioned in the first section : provided, 
however, that said corporation shall not incur any liability 
until thirty thousand dollars of the capital stock shall have 
been paid in in cash. 

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

Approved April 29, 1868. 



Corporators. 



Name an d pur 
pose. 



Powers and 
duties. 



Capital stock and 
stiares. 



Real estate. 



Proviso. 



1868.— Chapters US, 149, 150, 151. 119 

An Act to ixcorporate the wkstfield street railway com- QJidn ]^4y 

PANY. -* ' 

Be it enacted, §"c., as follows : 

Section 1. Cutler Lafiin, Edward B. Gillett, William G. corporators. 
Bates, their associates and successors, are hereby made a 
corporation by the name of the Westfield Street Railway Name and pur- 
Compaiiy, for the purpose of constructing and using a street 
railroad from the depot grounds of the Boston and Albany 
Railroad to the village of Westfield; with all the powers Powers aud 
and privileges, and subject to all the duties, restrictions and **""^^' 
liabilities set forth in all general laws which now are or may 
hereafter be in force relating to street railroad corporations. 

Section 2. The capital stock of said corporation shall capital stock. 
not exceed the sum of ten thousand dollars. 

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

Approved April 29, 1868. 
An Act to incorporate the boston musicians' relief fund p'^^^ i ^q 

SOCIEXY. -» 

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

Section 1. Carl Zerrahn, Luke Murphy, William C. corporators. 
Nichols, their associates and successors, are made a corpo- 
ration by the name of the Boston Musicians' Relief Fund Name and pur- 
Society, in Boston, for promoting the cultivation of music, *°^^' 
and for mutual assistance and instruction ; with all the Powers and 
powers and 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 corporations. 

Section 2. The corporation may hold real and personal »2o,ooo in reai 

„ . '^ ■' ^ T i ^""1 personal 

estate lor its purposes to an amount not exceeding twenty estate. 

thousand dollars. Approved April 29, 1868. 

Chap. 150 

Be it enacted, Sfc, as follows: 

Section 1. The charter of the Boston Children's Aid charter amended 
Society is hereby so amended that the number of directors directors."" 
may be such as the society shall determine from time to time, 
being not less than nine other members besides the president, 
vice-presidents, treasurer and clerk. 

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

Approved April 29, 1868. 

An Act to incorporate the nonantum horse railroad com- /^t.^ n-i 

PANY. Chap, lol 

Be it enacted, Sfc, as follows: 

Section 1. Miles Pratt, Nathaniel Whiting, James F. corporators. 
Simons, junior, their associates and successors, are hereby 
made a corporation by the name of the Nonantum Horse 
Railroad Company, with authority to build, maintain and 



An Act to amend the charter of the boston children's aid 

society. 



120 1868.— Chapters 152, 153. 

Horse railroad x^gG a liorsB raili'oad from tlie village of "Watertown to 

Jrom village of , .,, r> -kt r-t i • • 

Watertown to tlie Village 01 JNewtoii Corner, beginning at or near the nag- 

ton''oorner^*'^' statf opposite tlie Spring Hotel, in Watertown, and running 
to a point nearly opposite to Lowe's apothecary store, in said 

Powers ana Newtoii Comcr ; with all the powers and privileges, and sub- 
ject to all the duties, liabilities and restrictions set forth in 
all general laws which now are or hereafter may be in force 
relative to street railway corporations. 

Es'"'"'^^"'^ Section 2. The capital stock of said corporation shall not 
exceed fifty thousand dollars, and shall be divided into shares 
of tlie par value of one hundred dollars each. 

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

Approved April 29, 1868. 



Chap. 



>. 152 An Act extending the time for the construction of the 
brookline and back bay street railway company, and kok 
other purposes. 
Be it enacted, ^'c, as follows : 

Charter contin- SECTION 1. The chartcr of the Brookline and Back Bay 

ueu upon certain ^ -r»'i r^ -ii • i • p t 

conditions. Street Kailway Company is hereby continued in lorce, and 
shall not become void : prouided, any part of the track 
authorized to be constructed by said corporation shall be 
constructed within three years from the date of the passage 
of said charter ; and provided, the remainder of the track 
shall be constructed within two years from the passage of 
this act. 

Maj' contract SECTION 2. Thc Said corporation may contract with any 

with other horse ... •^ i t 

railroad corpora- existing horsc raili'oad corporation, to run and operate so 
portions of'^road' uiuch of Its j'ailroad as lies in Providence street and Berkeley 
chite!^^"'^"^"'"" street, and in Boylston street east of the west line of Claren- 
don street, and in streets north of Boylston street in the city of 
Boston, and may transfer to such corporation so much of its 
franchise, rights, tracks and other coi-porate property and 
interests as may be needful to give full effect to such con- 
tract or transfer ; and such corporation shall thereafter have, 
as to the part so transferred, all the rights and privileges, 
and be subject to all the duties and liabilities in regard 
thereto, which it would have had if such franchises and rights 
had been originally granted to such corporation. 

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

Approved April 29, 1868. 

Chap 153 An Act to establish an advisory board of women to the 

^ trustees of the state industrial school for girls at 

lancaster. . . 

Be it enacted, ^'c, as folloios : 

Advisory board SECTION 1. The govcHior, witli the advico and consent of 

tent women to tho couiicil, sliall, bcfore the first day of July next, appoint 



1868.— Chapters 154, 155. 121 

three competent women as an advisory board to the trustees be appointed by 

of the Industrial School for Girls at Lancaster, subject to couudT 

removal in like manner, who shall hold their offices from the Term of office. 

dates of their respective appointments, and for the terms of 

one, two and three years, respectively, from the first day of 

July next. Before the first day of July, in each year, one 

member of said* board, shall be, in like manner, appointed for 

the term of three years from said day. Upon the occurrence vacancies. 

of a vacancy before the expiration of a term, an appointment 

shall be made for the remainder of the term. 

Section 2. Said advisory board shall hold meetings at ^^"^*^^s of the 
least once in each month, and at least one member of said 
board shall visit said school not less than once in every two 
weeks. Said board shall, prior to the quarterly meetings of 
the board of trustees, make a report to said trustees, with 
such suggestions and recommendations as they shall deem 
expedient and proper. 

Section 3. Said advisory board shall receive no compen- Expenses to be 
sation for their services, but their actual expenses shall be ^'" " 
paid by the Commonwealth. Approved April 29, 1868. 

An Act to incorporate the first, national fire insurance (7^671). 154: 
company of worcester. "' 

Be it enacted^ §'c., as follows : 

Section 1. E. A. Goodnow, Hartley Williams, R. C. corporators. 
Taylor, their associates and successors, are hereby made a 
corporation by the name of the First National Fire Insurance Name and pur- 
Company, in the city of Worcester, for the purpose of mak- ^°'®' 
ing insurance against loss by fire ; with all the powers and ^-^^^f ^""^ 
privileges, and subject to all the duties, restrictions and lia- 
bilities 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 thousand dollars, divided into shares of one 
hundred dollars each. 

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

Approved April 29, 1868. 

An Act to incorporate the rollstone congregational society. QJidyy^ 155 
Be it enacted, ^'c, as follows: 

Section 1. Moses Wood, David Boutelle, Alfred Hitch- corporators. 
cock, their associates and successors, are hereby made a cor- 
poration as a religious society, by the name of tlie Rollstone Name and pur- 
Congregational Society, in Fitchburg ; with all the privileges p°'^g„ ^^^ 
and subject to all the liabilities, duties and restrictions which duties. 

23 



122 1868.— Chapters 156, 157, 158. 

now are or may hereafter be in force in this Commonwealth, 
relating to sucli corporations. 
areltaL^ P"'""- SECTION 2. Sai'd corporation may hold real and personal 
property to the amount of one hundred thousand dollars, 
for parochial and religious purposes. 

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

Approved-April 29, 1868. 

Chan. 156 ^^ ■^^^ ^*^ authorize the town of TRURO TO CONSTUCT A DIKE. 

Be it enacted, ^c, as follows : 
May construct SECTION 1. Thc towu of Truro is hcrcby authorized to 

dike across Pamet ^ ^ , ... t, n i r.i-i 

Eiyer. coiistruct and mamtam a dike, tor the purposes ot a highway 

across Pamet River, in said town, where the bridge known as 
" Wilder's Bridge " now stands. 

To maintain suit- SECTION 2. Said towu sliall bc required to construct and 

able culvert. .. -ii ■, ^ • -, • -\ -\•^ 

maintain a suitable culvert or sluiceway under said dike : 
provided, the same shall be necessary for the proper drainage 
of the meadows above said dike. 
curverT''''to hi Section 3. The superior court may, upon the petition of 
enforced if nece^- any party intcrcsted in said meadows, determine whether the 
TJLt'J ^"P"'""^ construction of sucli culvert or sluiceway is necessary for 
the purpose aforesaid, and may make any necessary orders 
or decrees for the construction and maintenance of the same, 
and compel by proper process the execution thereof. 
Section 4. This act shall take effect upon its passage. 

Approved April 29, 1868. 

Char) 157 ^^ ^^^ ^^^ ^^^ restocking of JPSWICH river and ITS TRIBUTA- 
J^' RIES WITH FISH. 

Be it enacted, Sfc, as folloios : 

Aiewives and SECTION 1. Thc Hght to take alcwives or shad from Ips- 
takenfromips- wicli Rlvcr or Its tributaries, or from Wenham Pond, shall 
wenhfm'pond ^^ ^ud Is hereby suspended for the period of three years 
for three years, jj^^^ eusuiug, aud no uct, sciue Or wcir shall be set therein 

during said period. 
Penalty. SECTION 2. Ally pcrsou violating the provisions of this 

statute shall forfeit one dollar for every alewife or shad so 

taken, 
whenprosecu- SECTION 3. All prosccutious uudcr this act shall be com- 

tions to com- , ^ 

mence. meuccd withiu thirty days from the time of committing the 

offence. . Approved April 29, 1868. 

Chat) 158 "^^ "^^^ ^^^ ^^^ protection op sea-fowl in the waters of 

-* ' BARNSTABLE. 

Be it enacted, §"c., as follows : 
Sea-fowl protect- SECTION 1. No pcrsou sliall drivc, chase or pursue with 

ed upon south . n , •■•ii- 

shore of Baru- ooats, lu any 01 thc waters within or bordering upon the 
soutli shore of the town of Barnstable, any of the birds 
commonly called sea-fowl. 



1868.— Chapters 159, 160. 123 

Section 2. Any person offending against the provisions Penalty, 
of the preceding section, shall forfeit and pay for each offence 
a fine of not more than five dollars, to be recovered by 
prosecution before any court of competent jurisdiction. 

Approved April 29, 1868. 

An Act providing for the payment of the salary op the QJian. 159 

ASSISTANT-CLERK OF THE MUNICIPAL COURT OF THE CITY OF 
BOSTON, FOR CIVIL BUSINESS. 

Be it enacted, Sfc, as follows : 

Section 1. The salary of the assistant-clerk of the muni- salary to be paid 

"i n 1 • ^ T-. p • -1 1 • 1 11 by Suffolk county 

cipal court of the city of Boston, for civil business, shall 
hereafter be paid by the county of Suffolk. . ^ 

Section 2. This act shall take effect on the first day of 

May next. Approved April 29, 1868. 

An Act extending the provisions of chapter twenty-six of Chap. 160 

THE GENERAL STATUTES, RELATING TO THE PRESERVATION OF 
THE PUBLIC HEALTH. 

Be it enacted, ^"c, as follows : 

Section 1. When any lands in any city or town are wet, Lands injurious 

.. i.,i,ii J.I to health or effen- 

rotten or spongy, or covered with stagnant water, so as to be sive to persons in 
offensive to persons residing in the vicinity thereof, or inju- a'n.liSn'ce'^*^"'*"* 
rious to health, the same shall be deemed to be a nuisance, 
and the board of health or health officer of such city or town 
may upon petition and hearing, abate such nuisance in the 
manner provided in the following sections. 

Section 2. Any one or more persons claiming to be injn- Persons injun- 
riously affected by such nuisance may, by petition, describing maV^ appi^^to 
the premises upon which such nuisance is claimed to exist, foTabatenTenrof 
and setting out the nature of the nuisance complained of, nuisance, 
apply to the board of health or health officer for its abate- 
ment, where upon such boardof health, or health officer, shall 
proceed to view the premises and examine into the nature 
and cause of such nuisance. 

Section 3. If upon such examination the board of health Health officer 
or health officer shall be of opinion that the prayer of the "7»nTnotifyau 
petition or any part thereof should be granted, he or they paries interested 
shall appoint a time and place for a hearing upon the peti- 
tion, and before the time so appointed shall cause reasonable 
notice of the time and place to be given to the petitioners, 
the persons whose lands it may be necessary to enter upon 
to abate the nuisance, and any other persons who may be 
affected by the proceedings, and, except in those cities and 
towns, in which the mayor and aldermen and selectmen con- 
stitute the board of health, to the mayor and the chairman of 
the selectmen, that they may be heard upon the necessity and 



124 1868.— Chapter 160. 

mode of abating such nuisance, and the questions of dam- 
ages, and of the assessment and apportionment of the 
expenses thereof. 
Form of notice, SECTION 4. Such uoticc shall bc in writing, and may be 

and how and , j i iij. ••! 

by whom to be SGrVcd Dj niij pcrsou. Competent to serve civil process, upon 
served. ^\^q j^^ajor aud chairman of the selectmen, the petitioners, 

the owner or occupant of any land upon which it may be 
necessary to enter, or which may be benefited thereby, or 
his authorized agent, or by leaving an attested copy of such 
notice at the last and usual place of abode of such persons ; 
but if the lands are unoccupied, and tiie owner or agent is 
, unknown, or without the state, the notice to such owner may 

be served by posting an attested copy thereof upon the prem- 
ises, or by advertising in one or more public newspapers in 
such manner and for such length of time as the board of 
htalth or healtrh officer may direct. 
Health officers SECTION 5. At the time and place appointed for the hear- 
™nce toTe abat- lug, thc board of health or health officer shall hear the par- 
toin™*"&c.'°'''^^ ties, and after such hearing, may cause such nuisance to be 
abated, according to his or their discretion ; and for that 
purpose may enter and make such excavations, embankments 
and drains upon any lands, and under and across any streets 
and ways as may be necessary for such abatement. They 
To determine sliall also determine in what manner and at whose expense 
mentsThai7be tlic improvements made shall be kept in repair, and shall 
keptin repair, estimate aiid award the amount of damage sustained by and 

To award damae- i f> . • . i n ^ • 

es and benefits benefit accruiiig to any person by reason oi such improve- 
accruing. mcuts, and what proportion of the expense of making and 

keeping the same in repair shall be borne by the city or 
Damages to be towii and by any person benefited thereby. The damages so 
town and a'ssised awardcd sliall be paid by the city or town, and there shall be 
benefited •''"o°be ^ssesscd to the several persons benefited by such improve- 
lien upon real es- meiits, lils proportioiiatc Dart, to be ascertained as before 

rate benefited and • i i p i f> i • i i 

collected like oth- providcd, 01 the expense oi making and keeping m repair 
such improvements, and the same shall be included in the 
next city or town taxes of such persons, and shall be a lien 
upon the real estate benefited thereby, and be collected in 
the same manner as other taxes upon real estate, and shall 
be liable to abatement as other taxes now are. 

Health officers to SECTION 6. The boai'ds of health and health officer shall, 

make return to .,.,., , « , , , /• • • .i 

town clerk within witluii tiiirty days alter the abatement oi any nuisance m the 
thirty days. niaiHier herein before provided, make return to the city or 
Retura to be re- towii clcrk, of tlicir doiugs iu the premises, which return 

shall be by him recorded in the city or town books. 
Petition may be SECTION 7. If tiic board of health or health officer shall 
court if henuhT/ unrcasoiiably refuse or neglect to proceed in the matter of 
ablyrefuse!^""" sucli pctitioii, the petitioner may apply by petition to the 



1868.— Chapters 161, 162. 125 

superior court or any justice thereof, who, upon a hearing 
and good cause shown, may appoint three commissioners, 
who shall proceed in the manner herein before provided. 

Section 8. Any person aggrieved by the decision of the Persons agCTieved 

•' \ ^^ .*' . ... .in award of dam- 

board of heaUli, health omcer or commissioners in their esti- ages may com- 
mat'e and award of damages, may make complaint to the ty'^iomml'alionMs 
county commissioners for the county, at any time within one 
year after return to the city or town clerk, whereupon the 
same proceedings shall be had as are now provided by law in • 
cases where persons or parties are aggrieved by the award of 
damages by selectmen for land taken for a town way. 

Approved April 29, 1868. 

An Act for the protection op sea-fowl in the waters op Chap. 161 

TISBUUY. ^' 

Be it enacted, §'c., as follows: 

Section 1. No person shall drive, chase or pursue with sea-fowi protect- 
boats, in the waters in and bordering upon the town of Tis^ * "* " "'^^' 
bury, any of the birds commonly called sea-fowl. 

Section 2. Any person offending against the provisions Penalty. 
of the preceding section, shall forfeit and pay for each 
offence, a fine of not more than five dollars, to be recovered 
by prosecution before any court of competent jurisdiction. 

Approved April 29, 1868. 

An Act to authorize malachi clark to drive piles in fort Q^^^) JgO 

POINT channel, in BOSTON HARBOR. -» * 

Be it enacted, Sfc, as follows : 

Section 1. Malachi Clark is hereby authorized to drive May drive piies in 
nine piles on the the southerly side of Mount Washington 
Avenue Bridge, in Fort Point Channel, Boston Harbor, for 
the support of a water tank : provided^ however, that the piace to be ap- 
location of said piles shall be approvei by the board of commissioners.""^ 
» harbor commissioners, and they shall be removed by said 
Clark at any time on the order of said board ; and provided, feventy-Ave doi- 

„, ,•' .1/-1I1 lit • I ,1 i- l*""^ '° be paid 

fmmer, that said Clark shall pay into the compensation annually, 
fund, established by the fourth section of chapter one hun- 
dred and forty-nine of the acts of the year eighteen hundred 
and sixty-six, the sum of seventy-five dollars, annually, on 
the first day of July, during the continuance of the 
structure ; and provided, further, that if the said Clark structure may be 
shall fail to remove the said structure on the order of the boTcommission- 
board of harbor commissioners, the same may be removed ®'^*" 
by said board, and said Clark shall be liable to the Common- 
wealth for the expense of such removal. 

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

Approved April 29, 1868. 



126 1868.— Chapters 163, 164, 165. 

Chat) 163 ^^ "^^^ ^^ CONFIRM THE ORGANIZATION OF THE BAYLEY HAT 
-^ ' COMPANY. 

Be it enacted, Sfc, as follows : 
Organization of The Organization, under the general laws of Massachusetts, 

Bayley Hat Com- n , -r> i rr r^ • xt • ^ J 

pany made yaiid. 01 tlie Joayley Hat (Jompanj ni JNevvburyport, in the year 
one thousand eight hundred and sixty-seven, is hereby made 
"valid ; and all acts under said organization are hereby made 
valid and confirmed to the same extent as though said com- 
pany had been legally organized. Approved April 29, 1868. 

Chat) 164 ^^ ^'^^ AUTHORIZING THE WALTHAM AND NEWTON STREET RAILWAY 
"' COMPANY TO RKDUCE THE AMOUNT OF ITS CAPITAL STOCK, AND FOR 

OTHER PURPOSES. 

Be it enacted, ^'c, as folloivs : 

May reduce capi- SECTION 1. The Waltham aud Newton Street Railway 

tal stock. f^ '11 1-1 !• -1 1 

Company is hereby authorized to reduce its capital stock to 
Jitend°ed!'""'^'°^ thirty thousand dollars, and the time within which said 
company is required to build and put in operation some 
portion of its road, is extended to the first day of September, 
in the year one thousand eight hundred and sixty-eight. 
Section 2. This act shall take effect upon its passage. 

Approved April 29, 1868. 

Chap. 165 -^^ -^^^ EXPLANATORY OF AN ACT TO LEVY TAXES ON CERTAIN 
^ INSURANCE COMPANIES. 

Be it enacted, Sfc, as follows : 

Tax upon insur- SECTION 1. The tax upou insuraiice companies provided 
how to^'be^eWe^d! for iu scctions one and two of chapter two hundred and 
twenty-four of the acts of the year eighteen hundred and 
sixty-two, shall be levied upon all premiums and assess- 
ments, after deducting therefrom, unused balances on notes 
taken for premiums on open policies, all sums paid for return 
premiums on cancelled policies, aud all sums actually paid 
to other insurance companies incorporated under tlie laws 
of this Commonwealth, or to the agents of foreign companies 
located in this Commonwealth, for re-insurance on risks, for 
which a tax on the premium would be due had no re-insur- 
ProTiso. ance been effected : provided, nothing in this section shall be 

so construed as to admit of dividends in scrip or otherwise, 
in stock, mutual or mixed companies, to be called return 
premiums. 
Returns of insur- SECTION 2. Insuraucc companics, ill making their returns 
how to°^'^ma'de! undcr scctioii six of the chapter named in the first section of 
this act, shall state the full amounts of premiums and assess- 
ments received, and deduct therefrom the sums paid for 
re-insurance, return premiums, and unused balances pro- 
vided for in the first section of this act, and the tax shall be 
computed on the net amount thus actually received by said 



1868.— Chapter 166. 127 

companies for the six months preceding the time of making 
up said return. 

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

Approved April 30, 1868. 



Chap. 166 



An Act in relation to certain sinking funds of the com- 
monwealth. 
Be it enacted, ^c, as follows : 

Section 1. For the purpose of redeeming the scrip issued t^l^fii^ed^or re^ 
under authority of chapter one hundred and eighteen, of the demption of scrip 
acts of the year eighteen hundred and sixty-three, entitled, Snces*"'^ *'°*^* 
"An Act in relation to the Coast Defences of Massachusetts," 
a sinking fund is hereby established, to be made up of the 
moneys heretofore received by the treasurer of the Common- 
wealth, from the sale of ordnance, purchased with the pro- 
ceeds of said scrip, and of such further sum, to be paid from 
the portion of such proceeds, not heretofore appropriated, as 
will constitute a fund which shall be adequate, with its 
accumulations, to redeem said scrip at its maturity ; and the 
fund so constituted, with its accumulations of interest, is 
hereby set apart for, and pledged to the redemption of said 
scrip. Whatever balance shall remain unappropriated, at the unappropriated 
passage of this act, from the proceeds of said coast defence ce^'edso'fcorst'de- 
scrip, after providinjj; for the sinking fund hereby authorized, ^'^°''« ^«"p and 

1111 r 11 • 1 11 1 • 1 • from payments 

sliall be transferred and paid over to the bounty loan smkmg hereafter made 
fund, created under the provisions of chapter three hundied cLst defences, to 
and thirteen, of the acts of the year eighteen hundred and boun'ty'iwnsfa^ 
sixty-four ; and the same shall hereafter constitute a part of iigfuud. 
said fund ; and if any money shall be hereafter allowed and 
paid to the Commonwealth, by the United States, in re-im- 
bursement of expenditures heretofore incurred for coast 
defences, the same shall in like manner, be paid to, and 
constitute a part of said bounty loan sinking fund. 

Section 2. The union loan sinking fund, created under union loan sink- 
the provisions of chapter two hundred and nine, of the acts of accumulate ba- 
the year eighteen hundred and sixty-one, and chapter eighty, whifh "^u' was 
of the acts of the year eighteen hundred and sixty-two, shall p'^'iged. 
not be accumulated beyond the amount of the debt, for the 
redemption of which it is pledged ; and whatever funds or Excess to be 
moneys, applicable to said fund, have heretofore been, or shall bomity"* loan 
hereafter be received, in excess of the amount of the debt ""^'"k ^"°<*- 
aforesaid, shall l)e transferred to, and constitute a part of the 
bounty loan sinking fund mentioned in the first section of 
this act. The income of said union loan sinking fund, until income to be paid 

• 1 1 1 1 1111 • 1 • 1 *"''° treasury. 

otherwise provided by law, sliail be paid into the treasury ; 
and any premium on gold, necessary to be purchased to meet 



128 1868.— Chapters 167, 168, 169, 170. 

Premium on tliG iiistalmeiits of Said debt, as they mature, or to meet any 
raiiroad''dXs. to otlicr debt of the Commonwealth, except the several debts 
appropriated""' contracted for railroad purposes, shall be paid out of any 
funds. funds in the treasury not otherwise appropriated. 

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

Approved April 30, 1868. 

Clinp. 167 -^'^ -^CT TO AMEND "AN ACT TO INCORPORATE THE TOWN OF HY-DE 
. PARK." 

Be it enacted, §'c., as follows: 
Act incorporat- SECTION 1. Chapter ouc hundred and thirty-nine of the 

jDg the town of ^ i • i i i i i • • i 

Hyde Park, acts of tlic year one thousand eight luindred and sixty-eight, 
13M868.' " *^' is hereby amended, by inserting, in the tenth line of the first 
section thereof, after the words " thence north ten degrees," 
the word " east" ; and by striking out, after the words " to 
the Neponset River," in the fourteenth line of said first sec- 
tion, the words " then running north-easterly by a straight 
line passing from said last mentioned point, through a point 
distant fifty feet north-westerly from the north-westerly 
corner of the house of Amor Hollingsworth to Neponset 
River." 

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

Approved May 1, 1868. 

Chan. 168 -^^ ■^^'^ "^^ establish a law term of the SUPREME JUDICIAL COURT 
"' AT SALEM, WITHIN AND FOR THE COUNTY OF ESSEX. 

Be it enacted, §'c., as follows: 
At Salem, first ^ law term of the supreme iudicial court, for entering 

Tuesday of No- , , . . ,. ', y ., ^ . .' , . . .'=' 

vember. and hearing questions or law, civil and criminal, arising m 

the county of Essex, shall be held at Salem, annually, on the 
first Tuesday of November. Approved May 1, 1868. 

Chan 169 An Act to establish additional terms of the probate courts 

-' * at north BRIDGKWATER, in the county of PLYMOUTH. 

Be it enacted, ^"c, as folloivs: 
Third Mondays A probatc court shall be held at North Bridgewater, within 
tobtr."' ''"'^ '^'" and for the county of Plymouth, on the third Mondays of 

April and October in each year. Approved May 1, 1868. 

Chan, 170 An Act to change the name of the first congregational 

PARISH AND SOCIETY OF ORANGE. 

Be it enacted, §'c., as follows : 
Name chaneed to SECTION 1. The uamc of thc First Congregational Parish 
saHst'society"} aud Soclcty of Orange is hereby changed to the Second 
Orange. Uiiivcrsalist Society of Orange. 

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

Approved May 1, 1868, 



1868.— Chapters 171, 172, 173. 129 

An Act to repeal an act to incorporate the proprietors of QJi^p^ l*^]. 

THE QUINCY CANAL. "' 

Be it enacted, ^'c„ as follows : 

An act entitled " An Act to incorporate the Proprietors of Act repealed. 
the Quincy Canal," approved on the twenty-sixth day of 
February, in the year one thousand eight hundred and 
twenty-five, is hereby repealed. Approved May 1, 1868. 

An Act to incorporate the association for the benefit of (7Aa». 172 
needle women. ^' 

Be it enacted, Sf-c, as follows : 

Section 1. Charles G. Way, Henry N. Farwell, Edward corporators. 
Dewey, Francis French, Ellis W. Morton, their associates 
and successors, are hereby made a corporation by the name Name and pur- 
of the Association for the benefit of Needle Women, for the ^°^'®' 
purpose of ameliorating the condition of the needle women 
of the city of Boston, by providing for them comfortable 
dwelling-places, within their means, a supply of work when 
ordinary sources fail, and direct relief when misfortune 
places them in necessitous circumstances ; with all the pow- powers and 
ers 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 in relation to such corporations. 

Section 2. Said corporation may, for the purposes afore- Reai and person- 
said, take by gift, devise, bequest or purchase, and hold real esceed%5oo,ooo. 
and personal estate to an amount not exceeding five hundred 
thousand dollars. 

Section 3. Said corporation may, by vote, a certificate May alter name 
of which shall be duly transmitted to the secretary of the ^' '° °^^ ^'^'^^' 
Commonwealth, alter its name at any time within one year 
from the passage of this act. 

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

Approved May 1, 1868. 

An Act in relation to the north andover mills. Chap. 173 

Be it enacted, Sfc, as folloios : 

Section 1. The North Andover Mills, a corporation May commence 
established by the one hundred and ninety-seventh chapter $wo!ooo°^isV^id 
of the acts of the year eighteen hundred and sixty-seven, '"• 
is hereby authorized to commence operations when one 
hundred thousand dollars of its capital stock is paid in. 

Section 2. The third section of the one hundred and chap.197, §3, 
ninety-seventh chapter of the acts of the • year eighteen ' ^^^^^ 
hundred and sixty-seven, is hereby repealed. 

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

Approved May 1, 1868. 

24 



130 1868.— Chapters 174, 175. • 

Chap. 11 4 An Act to incorporate the catholic lyceum association. 
Be it enacted, ^c, as follows : 

Corporators. SECTION 1. William ByriiG, David A. Ring, Joseph 0. 

Kane, their associates and successors, are hereby made a 

Name and pur- Corporation by the name of the Catholic Lyceum Associa- 

^°^^' tion, in the city of Boston, for the purpose of iustitujting and 

maintaining a library and reading-room, advancing useful 

arts and sciences, and promoting public instruction by 

Powers and du- Iccturcs or othcrwisc ; with all the powers and privileges, and 

*'®^' subject to all the liabilities set forth in all general laws which 

now are or may hereafter be in force applicable thereto. 
Real and person- SECTION 2. Tlic Said Corporation may hold real estate to 
ai estate. ^^ amouiit not exceeding seventy-five thousand dollars, and 

personal estate to an amount not exceeding ten thousand 
dollars, for the purposes of their incorporation. 

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

Approved May 1, 1868. 

Chap. 115 An Act to incorporate the south boston freight railway 

■^ COMPANY. 

Be it enacted, Sfc, as follows : 

South Boston Section 1. John H. Reed, Thornton K. Lothrop, J. Avery 
comp^ny^^nMY- Richards, their associates and successors, are hereby made a 
porated. corporatiou by the name of the South Boston 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 hereafter may be in force relating to 
street railway corporations, so far as they may be applicable. 
May construct SECTION 2. Said Corporation, in such manner as may be 
and use street prescribed and directed by the board of aldermen of the city 

railway under r ''.,-,'.,'' 

direction of board of Bostou, may coustruct, mauitain and use a street railway, 
with suitable turnouts, and with such tracks and brajich 
tracks as the board of aldermen may, from time to time, per- 
mit ; the rails of said tracks to be of such pattern as the 
board of aldermen may prescribe, and to be also suitable for 
Route of railway, railway freight cars in common use ; commencing on the 
easterly end of First street in South Boston, thence through 
First street to I street ; thence through I street to Second 
street ; thence through Second street to Dorchester street ; 
thence across Dorchester street to First street ; thence 
through First street to Federal street ; thence across Federal 
street, Foundery street and the square between said street and 
May connect aveuuc to land of the Old Colony and Newport Railroad Com- 
&"Newpon°'anfi pauy, thcrc to connect with the tracks of said railroad, in such 
Se Railroads'! manlier and on such terms as may be mutually agreed upon, 
and with the right to connect with the tracks of the Boston, 



1868.— Chapter 175. 131 

Hartford and Erie Railroad Company, in such manner and 
on such terms as may be mutually agreed upon : also com- 
mencing at the junction of First and Granite streets, thence 
through Granite street to Mount Washington avenue ; 
thence through Mount Washington avenue to Federal street, 
and thence on Federal street to East street, there to connect 
with the tracks of the Marginal Freight Railroad Company. 

Section 3. Said corporation may, for the authorized pur- May enter upon 
poses of this act, enter upon and use the tracks of the Metropolitan 
Broadway and Metropolitan Railroad companies in Federal J^ake°\'heir°'^ 
street, between said Mount Washington avenue and East bracks suitable 
street, and may so strengthen and improve such tracks as to tion of freight. 
make them suitable for the transportation of freight ; and if 
the corporations cainiot agree upon the manner and condi- how to deter- 
tions of .such entry and use, or the compensation to be paid nor agreed-upon 
therefor, 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 the year eighteen 
hundred and sixty-four ; but said corporation shall have no 
power to connect with or run over the tracks of any street 
railway other than the Marginal Freight Railway Company, 
and the Broadway and Metropolitan Railway Companies, as 
authorized in this section. 

Section 4. Said railway shall be used by said corpora- Railway to be 
tion for the transportation of freight only, and the cars oni'y. °^ '^'^ 
thereon shall be drawn by horse-power only, unless the use cars to be drawn 
of other motive power shall be sanctioned by said board of uniesrawermtn 
aldermen ; and said corporation shall have power to fix motive power" 
such tolls for the transportation of freight as they may from 
time to time deem expedient : provided, that such tolls shall tous. 
only be 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 5. Said corporation, to carry into effect the pur- May unit* with. 
poses of this act, may unite with any railway corp'o ration on tenns^uitu^auy" 
such terms as may be mutually agreed, and for this purpose ^^reea upon, 
shall Ije 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 Statutes, and the laws 
supplemental thereto, so far as the same may be applicable. 

Section 6. Said corporation shall keep in repair, to the to keep paving 
satisfaction of the superintendent of streets of the city of '° '^^^*"^" 
Boston, all the paving between their rails and three feet out- Time and manner • 
side thereof on each side ; and the board of aldermen of the tob^eTegulfteT*' 
city of Boston shall have full power to regulate the time and ^^ aiaermen. 
manner of running cars on said railway. 



132 1868.— Chapters 176, 177. 

Capital stock. SECTION 7. The Capital stock of said corporation shall 

not exceed three hundred thousand dollars. 

To take effect. SECTION 8. This act shall take effect as soon as it shall be 
accepted by the board of aldermen of the city of Boston. 

Approved May 1, 1868. 

Chap, 176 -^^ ^^^ '^'^ INCORPORATE THE MARTHA'S VINEYARD CAMP MEET- 
^' ING ASSOCIATION. 

Be it enacted, ^'c, as follows : 

Corporators. SECTION 1. William B, LawtoH, George F. Gavitt, John 

D. Flint, their associates and successors, are hereby made a 
Name and pur- corporation by the name of the " j\[artha's Vineyard Camp 
pose. Meeting Association," to be established and located in the 

town of Edgartown, for the purpose of maintaining annual 
religious meetings on the island of Martha's Vineyard ; and 
Powers and du- witli all powcrs and privileges, and subject to all the* restric- 
*'®^' tions, duties and liabilities set forth in all general laws which 

• now are or may hereafter be in force and applicable to such 

corporations. 
Real and per- SECTION 2. Said corporatiou, for the purposes named in 
sonai estate. ^j-,q g^.g^. ggction of this act, may hold real and personal 
estate to an amount not exceeding twenty-five thousand dol- 
certain property lars ; and twciity acrcs of the land so owned, with the build- 
purposes'^exempt iwgs, or any pcrsoual property, on said twenty acres, owned 
from taxation, by Said associatiou and used exclusively for religious pur- 
poses, or for the care and protection of the property of the 
association, shall be exempt from taxation, 
other property Section 3. All buildiugs, booths, tcuts or other things 
^rtown*" ^'^' erected on or affixed to the grounds of the association, 
except as provided in the second section, shall, for the pur- 
poses of taxation, be considered real estate and taxable in 
the town of Edgartown. 
Agent to furnish SECTION 4. It shall, be the duty of the agent or superin- 
own"K^of''taxa- teudcut of thc associatiou, annually, on or before the twen- 
bie property to ticth dav of Mav, to fumish the assessors of the town of 

assessors of Ed- „, _ "^ , -i- , n ^ ^ • ^ <?ii 

gartown. Edgartowu a true list oi the names and residences oi all 

owners of buildings or other taxable property erected upon 

In default prop- the grouiids of tlic association, and in default of such infor- 

tfAslocktion^.^'* mation, the assessors of said town may tax such property to 

the association. 

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

Approved May 1, 181B8. 

'CkdP. 177 ■^'^ ^^^ ^*-* INCORPORATE THE PENOBSCOT STEAMSHIP COMPANY. 

Be it enacted, ^'c, as folloios : 

•Corporators. SECTION 1. B. Hcber Richai'dsou, Luther Upton, George 

E. Newhall, their associates and successors, are hereby made 



1868.— Chapter 178. 133 

a corporation by the name of the Penobscot Steamship Com- Name and pur- 

pany ; with all the powers and privileges, and subject to all ^°^®' 

the duties, liabilities and restrictions set forth in all eeneral Powers and du- 

. ties. 

laws which now are or may hereafter be in force and 
applicable to such corporations. 

Section 2. Said corporation is hereby authorized and ^ay own steam- 
empowered to build, purchase, charter, hold and convey one anTpa°ssengers 
or more steamships, or steam propellers, and to navigate the aneTBTngor.'"" 
ocean therewith and employ the same in transporting freight 
and passengers between tlie city of Boston and Bangor, in 
the state of Maine, and any intermediate port or ports on « 

Penobscot Bay or River. 

And said company may let by charter, one or more of steamships may 
their steamships or propellers to any persons : provided, such others!'^'^" *" 
charter does not prevent said company from complying with 
the terms of this act. 

Section 3. The capital stock of said corporation shall be capital stock and 
fifty thousand dollars, with liberty to pay in and increase ^'^^'^^^• 
the same, by adding thereto, from time to time, an amount 
not exceeding two hundred thousand dollars, and shall be 
divided into shares of one hundred dollars each. Said cor- 
poration shall have power to assess, from time to time, upon siiares may be 
said shares, such sums as may be deemed necessary to *^*®®^*'^- 
accomplish the object, not exceeding the par value of said 
shares. No certificates of stock shall be issued until the par stock not to be 
value thereof shall have been actually paid in, and no steam- than par. 
ship or propeller shall be run until at least fifty thousand "'^«° ^t^^^- 

T 1 1 /> • J • / 1 1 1 1 1 1 • 1 • • 1 ships may be 

dollars oi its capital shall have been paid in in cash. mn. 

Section 4. Said corporation may hold real estate to an *5o,ooo in reai 
amount not exceeding fifty thousand dollars. 

Section 5. If said corporation shall not, within one year Act void unless 

/. ,, , ^1 -1 T 1 11 , 1 1 $50,000 IS paid in 

irom the passage hereoi, be organized and have collected by within one yfar 
assessments an amount equal to fifty thousand dollars of its runm'ng'' wH^h^n 
capital stock subscribed, and shall not within two years from two years, &c. 
the passage of this act, have one or more steamships or pro- 
pellers employed between said city of Boston and said port 
or ports, or if said corporation shall thereafter fail, for the 
period of one year, so to employ one or more steamships or 
propellers in said business, then this act shall be null and 
void. Approved May 1, 1868. 

An Act to incorporate the wakefield, melrose and malden Chap. 178 

RAILROAD COMPANY. ^ 

Be it enacted, ^'c, as follows : 

Section 1. David P. Ives, Cyrus Wakefield, Henry Sal- corporators. 
tonstall, their associates and successors, are hereby made a 



134 1868.— Chapter 178. 

corporation by the name of the Wakefield, Meh'ose and Mai- 
den Railroad Company ; with all the powers and privileges, 
and subject to all the duties and restrictions set forth in the 
general laws which now are or may hereafter be in force 
relating to steam railroad corporations. 
May build rail- SECTION 2. Said corporatiou may locate, construct, main- 
Re^ading°to Mai- taiu and opcratc a railroad, commencing at some convenient 
^^^- point in the town of South Reading ; thence southerly, to 

Proviso. some convenient point in the town of Maiden : provided, that 

said railroad shall not pass over, or through any cemetery in 
♦ the town of Maiden. 

May enter upon SECTION 3. Said corporatiou may enter with its road upon 
rriirords opwat- and uuitc the same with the roads of the Boston and Maine 
Kaiiroad^co'"" ^^^^ South Reading Branch Railroad Companies, and any 
other railroad now operated by the Eastern Railroad Com- 
pany ; with all the rights, and subject to all the provisions 
and restrictions set forth in the general laws relating to 
steam railroad corporations. 
May lease fran- SECTION 4. Said railroad corporation is hereby authorized 
[eased by "other to Icasc all its rights, franchisc and property to any other 
corporations. similar corporatiou ; and any other similar corporation is 
hereby authorized to lease all the rights, franchise and prop- 
erty of the said Wakefield, Melrose and Maiden Railroad 
ProTiso. Company: provided, such lesLse shall be approved by two- 

thirds of the stockholders of each corporation respectively, 
present and voting at a meeting called for that purpose ; and 
any corporation so leasing, shall hold, possess and enjoy all 
the powers, privileges, rights and franchise, property and 
estate which at the time of such purchase or lease were held 
and enjoyed by the two corporations respectively ; and shall 
be subject to all the duties, restrictions, obligations and 
liabilities to which they were severally subject. 
Capital stiock and SECTION 5. The Capital stock of said corporation shall be 
shares. fixcd at au amouut not less than two hundred thousand nor 

more than five hundred thousand dollars ; the same shall be 
divided into shares of one hundred dollars each. 
May purchase or SECTION 6. Said corporatiou is hereby authorized to pur- 
ing^Branch^Kau- chasc or Icasc thc South Reading Branch Railroad, or any 
road. pai't thereof; and the South Reading Branch Railroad Cor- 

poration is hereby authorized to sell or lease its railroad, or 
any part thereof, to the Wakefield, Melrose and Maiden Rail- 
road Company, upon such terms and conditions as the direc- 
tors of said corporations may agree ; subject however, to the 
approval of three-fourths in interest of the stockholders of 
said corporations respectively, present and voting thereon at 
a legal meeting called for that purpose. And if the Wake- 



1868.— Chapters 179, ISO. 135 

field, Melrose and Maiden Railroad Company shall purchase 

or lease as above, they shall hold, possess and enjoy all the 

powers, privileges, rights, franchise, property and estates Powers and du- 

which at the time of such purchase or lease were held and ' . 

enjoyed by the corporations respectively, and shall be subject 

to all the duties, restrictions, obligations and liabilities to 

which they were severally subject. 

Section 7. Said corporation shall make and maintain ^o maintain 

T •iii-i 1 -1 Till 1 • draws m bridges 

draws m all bridges wherever said road shall cross the navi- over Maiden 
gable tide-waters of the Maiden River, suitable for all vessels reJuo "of'c'omi 
having occasion to pass the same. The manner of construct- appdnted'by^^ 
ing said draws and the rules for the care and management governor. 
thereof shall be prescrilifed by a commissioner to be appointed 
for that purpose by the governor with the advice and consent 
of the council. 

Section 8. This act shall be void unless the said railroad Location and 
be located within two years, and constructed within three 
years from the passage hereof. Approved May 1, 1868. 

An Act for the protection of smelts. Chan. 179 

Be it enacted, ^c, as follows : 

Section 1. Whoever catches any smelt from the first day smeits not to be 
of February to the first day of May in each year, in any man- firrt'day^^ofTeb- 
ner whatever, or at any season of the year in any other man- ^uary and May. 
ner than by hooks and lines or hand nets, shall forfeit twen- Tobe caught by 
ty-five cents for each smelt so caught, to be recovered by hand''nets!at°'^ 
prosecution before any trial justice or court competent try p*"ij^^'°"^' 
the same : provided, that nothing herein contained shall Proviso, 
apply to any person catching smelt in any seine or net in 
Taunton Great River, while fishing for herring or alewives. 

Section 2. The commissioners of river fisheries may take Fish may be tak- 
any kind of fish at any time for the purpose of obtaining for artificial pro- 
spawn for artificial propagation of fish. pagatwn. 

Section 3. All prosecutions under this act shall be insti- whcnprosecu- 
tuted within thirty days from the time of committing the mence.° '^°'^' 
offence. Approved May 4, 1868. 

An Act concerning pilotage in provincetown harbor. Chat) 180 

Be it enacted, ^c, as follows : 

Section 1. So much of the provisions of the special reg- pilots for Prov- 
ulations governing the pilots of Provincetown harbor, in the 'noT'rlquiVed^to 
schedule contained in the one hundred and seventy-sixth of afty^ tons ''°^' 
chapter of the acts of the year eighteen hundred and sixty- 
two, as requires said pilots to keep a decked boat of not less 
than fifty tons, is hereby repealed. 

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

Approved May 4, 1868. 



136 1868.— Chapters 181, 182. 

Char) 181 -^"^ "^^^ concerning a contract bktwken the stony brook 

"' RAILROAD CORPORATION AND THE NASHUA AND LOWELL RAIL- 

ROAD CORPORATION. 

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

Stony Brook Rail- SECTION 1. The Stoiiy Brook Railroad Corporation is 
contr^tVith"^ hereby authorized to alter, extend and amend the contract 
LoweuVuroad. Gxisting with the Nashua and Lowell Railroad Corporation 
for the leasing of the railroad of the said Stony Brook Rail- 
road Corporation, dated the second day of April, in the year 
Provisos. eighteen hundred and sixty : provided^ that such alteration, 

extension or amendment, be ratified and confirmed by the 
stockholders of said corporations, at meetings of said corpor- 
ations, respectively, duly called for the purpose ; and pro- 
vided, further, that such contract shall not be extended 
beyond the first day of January, in the year eighteen hun- 
dred and ninety. 

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

Approved May 4, 1868. 

Chat) 182 "^^ "^^^ GIVING ADDITIONAL POWERS TO THE JAMAICA POND AQUE- 
^' DUCT CORPORATION. 

Be it enacted, §e., as follows : 

Jamaica Pond SECTION 1. The Jamaica Pond Aqueduct Corporation is 
pan^'^may ^ta?e hcrcby authorizcd and empowered, for the purpose of better 
laud, enlarge suDplving frcsli watcr, and for saving and restraining the 

Spring Pond and ^^ i ^ n t •t-.i- i 

build dam. watcr that may percolate irom Jamaica rond, into what was 
formerly known as Spring Pond, in land now owned by said 
corporation, to take, hold or purchase any land near, or 
adjoining said land, now owned by said corporation, on the 
the northerly side of Perkins Street, and easterly side of 
Chesnut Street, and may enlarge said pond, formerly called 
Spring Pond, and raise a dam on said land taken or pur- 
chased, to such height as may best serve to save and restrain 
the water now running to waste from said Spring Pond, the 
better to save and supply fresh water from said Spring Pond 
for aqueduct purposes ; but the said corporation are not 
authorized by this act to take land within fifty feet of any 
part of the stream that flows from the western side of Pond 
Condition. Aveiiuc, Or Chcsuut Street: provided, that the water of 
said pond shall never be drawn down lower than one foot in 
the shallowest part, except for the purpose of repairs of the 
dam, or clearing out the pond. 
Parties aggrieved SECTION 2. If any pcrsou Or pcrsous, or corporation, 
may petition su- whosc laiid or watcr, or water-rights, shall be taken or 
jury to assess injurcd by the Jamaica Pond Aqueduct Corporation under 
damages. ^j^^^ ^^^.^ canuot agTCC witli said aqueduct corporation upon 

the amount of damages to be paid for such taking or injury, 



1868.— Chapter 183. 137 

the owner or owners of any such land, water or water-rights, 

may apply for a jury to assess such damages, by petition to 

the superior court for Norfolk county, at any time within 

three years after such taking or injury. Such petition shall g,®*^"°°„]° gu®^,. 

be filed in term time or vacation, in the office of the clerk of mon's to issue. 

the courts, who shall thereupon issue a summons, returnable 

at the next term of the court, if in vacation, or if in term 

time, on such day as the court may order. Such summons now summons 

shall be served by copy on the president of the Jamaica *° ^^ ^^'^^^'^' 

Pond Aqueduct Corporation, at least fourteen days before 

the return day, and the cause shall thereupon proceed like 

other civil causes in said court. And the said Jamaica Pond Description of 

, - ^-^ . in-i-- 1 /> 1 • land taken to be 

Aqueduct Corporation shall, within six weeks alter taking eied in registry 
any land under the provisions of this act, file in the registry 
of deeds for Norfolk county, a description of the land so 
taken, sufficiently accurate for identification. 

Section 3. This act shall be void, so far as it gives the ^tthlntwo Jtarsi 
right to take land, water or water-rights, unless the same 
shall have been taken within two years from the passage of 
this act. Approved May 8, 1868. 

An Act in kelation to the overseers of the poor of the city Chap. 183 

OF BOSTON. 

Be it enacted, §r., as follows : 

The Overseers of the Poor in the City of Boston, a cor- »3oo,ooo addi- 
poration duly established by law, are hereby authorized to estate.^*'^^°"^ 
hold personal estate not exceeding the amount of three hun- 
dred thousand dollars, in addition to the amount authorized 
by an act passed on the twenty-fifth day of April, in the year 
seventeen hundred and seventy-two, entitled " An Act for 
incorporating the Overseers of the Poor in the town of 
Boston ; " and the overseers of the poor in the city of Bos- 
ton, acting by virtue of the sixth chapter of the acts of 
the year eighteen hundred and three, entitled An Act to 
incorporate Oliver Wendell and others, together with the 
overseers of the poor of the town of Boston for the time 
being, by the name and title of "The trustees of John Trustees of John 
Boylston's cliaritable donations for the benefit and support uon!f 'may '^houi 
of aged poor persons, and of orphans and deserted children," f}^^^^^ ^^^\ 
are further authorized to hold personal estate not exceeding estate. 
the value of one hundred thousand dollars, in addition to 
the amount authorized by said last named act. 

Approved May 8, 1868. 
25 



138 



1868.— Chapter 184. 



Chat) 184 ^^ ^^^ MAKING ADDITIONAL APPROPRIATIONS FOR THE EXPENSES 

"' OF THE STATE ALMSHOUSES; THE HOSPITAL AT RAINSFORD ISLAND; 

THE REFORM SCHOOL AT WESTBOROUGH ; THE MASSACHUSETTS 

NAUTICAL school; THE SUPPORT AND RELIEF OF STATE LUNATIC 

PAUPERS, AND FOR OTHER PURPOSES. 



Appropriations 
authorized. 



Be it enacted, Sfc, as follows : 

Section 1. The sums hereinafter mentioned are appro- 
priated to be paid out of the treasury of the Commonwealth, 
from the ordinary revenue unless otherwise ordered, for the 
purpose of meeting the current expenses of the institutions 
hereinafter named, and for other purposes, during the year 
ending December thirty-first, eighteen hundred and sixty- 
eight, unless otherwise specified, to wit : 



state alms- 
houses : 
Tewksbury. 

Monson. 



Bridgewater. 



Hospital Rains- 
ford Island. 



Agent State 
Charities, ex- 
penses. 



Clerical and 
other assistance. 



Secretary State 
Charities, ex- 
penses. 



Clerical assist- 
ance. 



Board of State 
Charities, ex- 
penses. 

State lunatic 
paupers. 



CHARITABLE. 

For the current expenses of the state almshouse at Tewks- 
bury, a sum not exceeding fifty-five thousand dollars. 

For the current expenses of the state almshouse and pri- 
mary school at Monson, a sum not exceeding forty thousand 
dollars. 

For the current expenses of the state almshouse and state 
workhouse at Bridge water, a sum not exceeding twenty-seven 
thousand dollars. 

For the current expenses of the hospital at Rainsford 
Island, including expenses of transportation, a sum not 
exceeding one thousand five hundred dollars. 

For expenses of the general agent of the board of state 
charities, a sum not exceeding eight hundred and fifty 
dollars, in addition to the appropriation heretofore made. 
. For such clerical and other assistance as the agent of the 
board of state charities may find necessary, a sum not exceed- 
ing three thousand dollars, in addition to the appropriation 
heretofore made. 

For expenses of the secretary of the board of state chari- 
ties, a sum not exceeding six hundred dollars, in addition to 
the appropriation heretofore made. 

For such clerical assistance as the secretary of the board 
of state charities may find necessary, a sum not exceeding 
five hundred dollars, in addition to the appropriation hereto- 
fore made. 

For travelling and other expenses of the board of state 
charities, a sum not exceeding one thousand six hundred 
dollars, in addition to the appropriation heretofore made. 

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



1868.— Chapter 184. 139 

For the support of state paupers by the cities and towns, a state paupers 
sum not exceeding three thousand dollars in addition to the LTand tow^/s?''" 
appropriation heretofore made, and any additional assistance 
necessary for the auditing of claims for such support shall be 
paid out of said sum. 

For expenses connected with the transportation of state Transportation 

f, ,1 1 1 • J 1 111 of state paupers 

paupers from the several hospitals and almshouses, a sum from hospitals, 
not exceeding two thousand dollars in addition to the appro- ^^' 
priation heretofore made, and any additional assistance 
necessary to effect such transportation shall be paid out of 
said sum. 

For the support of pauper Indians in the district of Marsh- ?/■"?« Indians, 

iVl£LrsllD66< 

pee, for the year eighteen hundred and sixty-seven, a sum 
not exceeding one hundred thirty-three dollars and eighty-six 
cents. 

EEFORMATORY AND CORRECTIONAL. 

For the current expenses of the state industrial school for industrial 
girls, a sum not exceeding fifteen thousand dollars in addition ° "o .expenses. 
to the amount heretofore appropriated. 

For the current expenses of the state reform school for state Reform 
boys at Westborough, a sum not exceeding thirty thousand '"" °° '®^p®°^®^- 
dollars, said sum to be expended solely for the current 
expenses of said institution ; also a sum not exceeding two —beds and bed- 
thousand dollars, to be applied to the purchase of beds and '^'°^" 
bedding for said institution ; and no money appropri- 
ated by this act shall be expended for the erection of new 
buildings. 

For tbe current expenses of tlie Massachusetts nautical Nautical school, 
school, a sum not exceeding thirty-four thousand dollars. expenses. 

MILITARY. 

For such additional clerical assistance as the adiutant-gen Adjutant^gener- 

1 n ^ 1 Tiiii al< clerical assist- 

eral may find necessary, a sum not exceeding eleven thousand ance. 
five hundred dollars, in addition to the appropriation hereto- 
fore made. 

For printing the record of Massachusetts officers and sol- soldiers' record, 
diers, authorized by chapter ninety-eight of the resolves of 
eighteen hundred and sixty-six, a sum not' exceeding six 
thousand dollars, in addition to the appropriation heretofore 
made. 

For pay of officers and men at encampments, May inspec- Pay for mmtia. 
tions and elementary drills, a sum not exceeding one hundred 
twenty-one thousand five hundred dollars. 



140 



1868.— Chapter 184. 



Armory rents. For reiit of armories, a sum not exceeding twenty-seven 

thousand dollars. 

For military accounts, a sum not exceeding eight thousand 

dollars. 
Orderly books, For Orderly and roll-books and books of instruction, a sum 

not exceeding five hundred dollars. 



Military ac- 
counts. 



&c 



Repairs and fur- 
niture for State 
House. 



Supplement to 
General Statutes. 



National banks. 



Sidewalk at State 
Prison. 



Incidental ex- 
penses Secretary. 



Warren Bridge. 



Registration 
books, &c. 

Bounties to agri- 
cultural socie- 
ties. 



MISCELLANEOUS. 

For repairs, improvements and furniture ordered by the 
sergeant-at-arms for the state house, a sum not exceeding 
eight thousand seven hundred two dollars and eighty-two 
cents ; and for the year eighteen hundred and sixty-seven, a 
sum not exceeding three hundred dollars, in addition to the 
appropriations heretofore made. 

For the publication and editing of the supplement to the 
General Statutes for the present year, as authorized by chap- 
ter eighteen of the resolves of the year eighteen hundred and 
sixty-seven, a sum not exceeding five hundred dollars for 
the publication, and two hundred dollars for editing the 
same. 

For printing the report of shareholders in the national 
banks of the Commonwealth, a sum not exceeding five thou- 
sand dollars. 

For materials and labor furnished for the construction of 
a sidewalk adjoining the state prison at Charlestown, a sum 
not exceeding six hundred forty-six dollars and thirty-three 
cents, which shall be allowed and paid ; and for the current 
expenses of said institution for the year eighteen hundred 
and sixty-seven, a sum not exceeding six hundred eighty 
dollars and fifty-six cents. 

For the incidental expenses of the secretary's office for the 
year eighteen hundred and sixty-seven, a sum not exceeding 
sixty-six dollars and seventy cents. 

For contingent expenses necessary for tlie maintenance of 
the Warren bridge, a sum not exceeding three hundred dol- 
lars, in addition to the appropriation heretofore made, the 
same to be paid from the Charles river and Warren bridge 
fund. 

For registration books and indices for returns from cities 
and towns, a sum not exceeding two thousand dollars. 

For bounties to agricultural societies, a sum not exceeding 
sixteen thousand five hundred forty-two dollars and ninety- 
three cents. 

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

Approved May 8, 1868. 



1868.— Chapters 185, 186, 187. 141 



THE APPOINTMENT OF ADDITIONAL MASTERS QJidp ^ ^85 
5 COUNTIES OF ESSEX, MIDDLESEX AND SUF- -^* 



An Act to authorize 
IN chancery in the 

FOLK. 

Be it enacted, ^'c, as follows : 

Section 1. The governor, by and with the advice and f4^'f;,°°^^VnT,^,'; 
consent of the council, is hereby authorized to appoint two ^H^^^^^^;^^^ "^jfjT 
additional masters in chancery in and for each of the coun- foik! 
ties of Essex, Middlesex and Suffolk; and hereafter the 
number of masters in chancery for each of said counties 
shall be seven. 

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

Approved May 8, 1868. 

An Act to authorize the town of north bridgewater to pay Chap. 186 
bounties to re-enlisted volunteers upon the quota of said 
toavn. 

Be it enacted, ^c, as follows : 

Section 1. The town of North Bridgewater is hereby North Bridge- 

„ ° , . water may raise 

empowered to raise a sum oi money, at a town meeting money for boun- 
called for the purpose, sufficient to pay one hundred and ^i.fdi'eT"""''"*^ 
twenty-five dollars to each of those soldiers who re-enlisted 
in the field upon the quota of said town, who have never 
received the local bounty which was offered and paid by the 
town to such volunteers. 

Section 2. The sum authorized to be raised by the first ^,"g^Jg7^^g'^°^® 
section shall be assessed by the town of North Bridgewater year. 
at the next annual assessment. 

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

Approved May 8, 1868. 
An Act to further amend the charter of the ho ward benev- Chap, 187 

OLENT society. 

Be it enacted, Sfc, as follows : 

Section 1. The Howard Benevolent Society may make May make by- 
such by-laws, rules and regulations as it may deem expe- mrmberlhfp^ ap° 
dient, for establishing the conditions of membership, for p°;°^^|°^' °^ °f 
regulating the number, titles and duties of its officers, for 
the election or appointment of such officers, and generally 
for the management of its affiiirs, and for carrying out the 
objects of the society, not inconsistent with the general laws 
of this Commonwealth. 

Section 2. All the provisions of the act passed on the Repeal, 
sixteenth day of February, in the year eighteen hundred 
and eighteen, entitled " An Act to incorporate the Howard 
Benevolent Society," and of the act passed on the twelfth 
day of April, in the year eighteen hundred and fifty-two, 
entitled " An Act to amend the charter of the Howard Benev- 



142 1868.— Chapter 188. 

olent Society in the city of Boston," inconsistent with this 
act, are liereby repealed. 

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

Approved May 8, 1868. 

CArtW. 188 -^^ -^CT TO INCORPORATE THE WEST AME8BDRY BRANCH RAILROAD 
-* ' COMPANY. 

Be it e.naoted, §'c., as follows : 

coi^orators. SECTION 1. Francis Sargent, William Gunnison, John S. 

Poyen, their associates and successors, are hereby made a 
corporation by the name of the West Amesbury Branch 

Powers and Railroad Compauy ; with all the rights, powers and privi- 

duties. leges, and subject to all the duties, liabilities and restrictions 

contained in the general laws which now are, or hereafter 
may be in force relating to railroad corporations. 

May construct a SECTION 2. Said Corporation may locate, construct, main- 

railroad from ,. -, , -it • i_ • l 

West Amesbury, taui and opcratc a railroad, commencmg at some convenient 

ners,'' t^° une^of poiut iu that part of Amesbury called West Amesbury, near 

New Hampshire, ^j^q ^oiir Comcrs, SO Called ; thence running westerly near 

the house of Joseph R. Thomas ; thence more northerly, to 

the state line of New Hampshire, near the south corner of 

To connect with Ncwtou, tlicrc to conucct with any railroad which may be 

une to Boston & authorizcd by the laws of New Hampshire ; from said state 

^^'New^Hamp'^ Huc to a poiut ou the Boston and Maine Railroad, in New 

shire. Hampshire, or from said state line to a point on the state line 

separating the town of Haverhill, in Massachusetts, and the 

town of Plaistow, in New Hampshire, near the house of 

James Brickett ; and from said last-named point may locate, 

construct, maintain and operate a railroad in said town of 

Haverhill, to a point on the Boston and Maine Railroad, not 

less than one mile northerly from the depot in Haverhill. 

Capital stock and SECTION 3-. The Capital stock of said corporation shall 

shares. ^^^ excccd ouc huiidrcd and fifty thousand dollars, which 

shall be divided into shares of one hundred dollars each. 

Real and person- Said corporatlou may hold such real and personal property 

a property. ^^ ^^^ ^^ ncccssary or convenient for the purposes for which 

it is created. 

If road is built in SECTION 4. lu casc Said corporatioii shall construct its 

S'^'^with Bo*^ railroad in the town of Haverhill, as aforesaid, it may enter 

luiirord ^^^^^^ ^'^*'^^ ^^^ ^^^^ upon, unite the same with, and use the railroad 

of said Boston and Maine Railroad, in Haverhill ; and said 

Boston and Maine Railroad may enter with its road upon, 

unite the same with, and use the railroad of said corporatioii 

under tlie provisions of law relating to connecting roads. 

When authorized SECTION 5. Said corporatioii, when authorized by the 

Bhir^*may^o^e?- statc of Ncw Hampshire, may construct, maintain and 



1868.— Chapters 189, 190, 191. 143 

operate either of the lines of raih-oad in said state, men- 1^ road in that 

. -, . . 1 • 1 • X Btate. 

tioned ni section two, which may be necessary or convenient 

to form a connection with the Boston' and Maine Raih'oad. • 

Section 6. This act shall be void unless said corporation ^^ad Ts*^ located 
shall locate its railroad between a point in said West Ames- within two years, 
bury and the Boston and Maine Railroad, by one of the said three years!' 
two routes mentioned in section two, within two years, and 
construct the same within three years from the passage 
hereof. Approved May 8, 1868. 

An Act to authorize certain corporations to subscribe to (Jhn^ IgQ 

THE CAPITAL STOCK OF THE MANSFIELD AND FRAMINGHAM RAIL- -^' 

ROAD COMPANY. 

Be it enacted, ^c, as follows : 

Section 1. The Vermont and Massachusetts Railroad cor'oration"ma^ 
Company, the Cheshire Railroad Company, the Boston, Clin- take stock in 
ton and Fitchburg Railroad Company, the Taunton Branch Framfngham*"'* 
Railroad Corporation, the New Bedford and Taunton Rail- ll^l^""^ ^°"*- 
road Corporation, the Boston and Providence Railroad Cor- 
poration, the Old Colony and Newport Railway Company, 
are each of them hereby authorized to subscribe for and hold 
shares in the capital stock of the Mansfield and Framingham 
Railroad Company, to an amount not exceeding twenty-five 
thousand dollars : provided, Iiowever, that neither of said Proviso, 
corporations shall so subscribe until further authorized by a 
vote of two-thirds of its stockholders, present and voting at a 
meeting called for that purpose. 

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

Approved May 9, 1868. 



Chap. 190 



An Act authorizing the salem lyceum to mortgage real 

ESTATE. 

Be it enacted, Sfc, as follows: 

Section 1. George Peabody, Caleb Foote, Alpheus Crosby, Trustees of sa- 
trustees of the Salem Lyceum, are hereby empowered to m^rtgagrreaus^ 
mortgage the estate held by them under the provisions ''''®- 
of the act incorporating the Salem Lyceum, passed on the 
twentieth day of April, in the year one thousand eight hun- 
dred and fifty-two, for such consideration as the corporation 
may desire. 

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

Approved May 9, 1868. 



An Act authorizing the Cambridge gas light company to 
increase its capital stock. 



Chap. 191 

Be it enacted, §t., as follows : 

Section 1. The Cambridge Gas Light Company is hereby $200,000 addi- 
authorized to add to its capital stock the sum of two hun- """"' capital. 



144 1868.— Chapters 192, 193, 194. 

dred thousand dollars, so that the whole capital stock shall 
not exceed five hundred thousand dollars. 

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

Approved May 9, 1868. 

Chap. 192 ■^''^ '^^^ "^^ INCORPORATE THE ROXBURY YOUNG MEN'S CHRISTIAN 
* ' ASSOCIATION. 

Be it enacted, Sfc, as follows : 
Corporators. SECTION 1. J. M. W. Hall, S. L. Trcadwcll, C. H. Bolster, 

their associates and successors, are hereby made a corpora- 
Name and pur- tion by the name of the Roxbury Young Men's Christian 
^°^' Association, in the city of Boston, for the purpose of improv- 

ing the spiritual and mental condition of young men ; with 
Powers and all the powcrs and privileges, and subject to all the duties, 
duties. liabilities and restrictions set forth in all general laws which 

now are or may hereafter be in force relating to such cor- 
porations. 
850,000 in real SECTION 2. Said coBporatiou may hold real and personal 
a^d personal es- estate, uot exccediug fifty thousand dollars, to be exclusively 
applied to the purpose aforesaid. 

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

Approved May 9, 1868. 



Chap. 193 



An Act to increase the capital stock of the wamsutta mills. 

Be it enacted, Sfc, as follows : 

$900,000 addi- The Wamsutta Mills are hereby authorized to increase 

stockl *'*^'*''* their capital stock by adding thereto a sum not exceeding 

nine hundred thousand dollars, and to invest such portion 

thereof in real and personal estate as may be necessary and 

convenient for the purposes for which they have been incor- 

shares not to be poratcd : provided, that no shares in the capital stock hereby 

than'^par' value! authorized shall be issued for a less sum or amount, to be 

actually paid in on each, than the par value of the shares in 

the original capital stock of said corporation. 

Approved May 9, 1868. 

Chat) 194 "^^ '^'^^ authorising the county commissioners for the county 

•^* OF PLYMOUTH TO LAY OUT A HIGHWAY AND CONSTRUCT A BRIDGE 
OVER NORTH RIVER. 

Be it enacted, Sfc, as follows: 
Highway and SECTION 1. The couuty commissioucrs for the county of 
Nort^h R1"^^^n Plymouth, arc hereby authorized and empowered, if in their 
and'^^Marshfieid J^^^&i^G"^ ^hc public uccessity and convenience require it, 
authorized. to lay out a highway and construct a bridge and draw across 

North River, in the towns of South Scituate and Marshfield, 

at some place to be determined by them above Union Bridge, 

so called. 



1868. — Chapter 195. 145 

Section 2. Said commissioners, in laying out and con- -*" ^^ laid out 
structing said road and bridge, shall, in all respects, proceed i:\ZfaTf^r 
as is now provided by law for laying out and constructing ^'^hways. 
nigliways. 

Section 3. This act shall be void unless said county void unie.s laid 
commissioners lay out said highway and bridge within three "^^'^^^'^i^'n three 
yeare from its passage. ^*'^'''" 

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

Approved May 9, 1868. 
An Act concerning the fire department op the city of r^i iqc- 

WORCESTER. L'tlttp. 195 

Be it enacted, §'(?., as follows : 

Section 1. The city council of the city of Worcester is Fire department 
hereby authorized to establish a fire department for said city, wofcestf '" 
to consist of as many engineers, officers, engine-men and 
members, as the city council, by ordinance, shall from time 
to time prescribe. 

Section 2. The city council shall have authority to make city council to 
such provisions in regard to the time and mode of appoint- Tve offic^r'^s and 
ment, and the occasion and manner of the removal of either members, and 
officers or members ; to make such requisitions in respect to i7S'ordfnanct 
their qualifications and period of service ; to define their 
office and duty ; to fix and provide for the payment of their 
compensation ; and, generally, to make such regulations in 
regard to their conduct and government, and to the manage- 
ment and conduct of fires and persons attending at fires, 
subject to penalties, to be prescribed by ordinance, as they 
shall deem expedient : provided, said ordinances be not Prorisos. 
repugnant to the laws of the Commonwealth; and provided, 
also, that the appointment of engine-men, hose-men, hook 
and ladder-men, shall be made by the mayor and aldermen. 

Section 3. The powers and duties conferred and imposed May delegate 
by tins act may be carried into effect by the city council in S"ui"' ^"^ 
any manner they may prescribe, and through the agency of 
any person or board to whom they may delegate the same. 

Section 4 The act entitled " An Act to establish a Fire Repeal 
Department m the Town of Worcester," passed on the 
twenty-sixth day of February, in the year eighteen hundred 
and thirty-five, and all other acts and parts of acts in addi- 
tion thereto, are hereby repealed. 

Section 5. This act shall take effect upon its passage ; when to take 
but It shall not operate upon existing laws and ordinances, *^*'''' 
relating to the fire department of the city of Worcester, until 
It shall have been adopted by the city council thereof, and 

26 



146 1868.— Chapters 196, 197, 198. 

until said council shall have passed an ordinance establish- 
ing a fire department for said city under the authority of 
this act. Approved May 9, 1868. 

Chat). 196 -^^ -^^^ FIXING THE TIMES OF HOLDING COURTS OF PROBATE IN 
^ ' THE COUNTY OF BARNSTABLE. 

Be it' enacted, ^"c, as follows: 
Probate courts in Frobatc courts shall be held in each year in the county of 
county. BarnstaV)le, as follows : At Barnstable on the second Tues- 

days of January, February, March, August and December, 
and on the third Tuesdays of April, June and September ; 
at Harwich on the second Monday after the first Tuesday of 
May, and on the second Monday of October ; at Wellfleet on 
the Tuesday next after the second Monday of October ; at 
Provincetown on the Wednesday next after the third Tues- 
day of May, and on Wednesday next after the second Mon- 
day of October ; and at Falmouth on the third Tuesday of 
November, instead of the times now provided by law. 

Approved May 9, 1868. 

CIlCCD 197 -^ -^^^ ^^ RELATION TO MORTGAGES OF REAL ESTATE. 

Be it enacted, Sfc, as follows : 

When assign- SECTION 1. Wlicu any assignment, extcusion or release of 
mortgage^ 'has any mortgage of real estate, or any certificate of the taking 
wh?re Tand'^^Hes or surrcudcr of possession for foreclosure under the same, or 
and original ' anv affidavit of notice of sale thereunder of the mortgaged 

mortgag-e not re- •'. .-p -p-i xi 

corded in same prcmiscs, or any execution lor possession ot said mortgaged 
ence'To aJ^ign" premiscs, lias been duly recorded in the county or district 
Sade' on^mMg^n wlicrc thc land lies, if the original mortgage was not recorded 
of original record in the samc registry, the register of deeds of the county or dis- 
trict in whose office such mortgage was originally recorded, 
upon having exhibited to him at his registry, such assignment, 
extension, release, certificate, affidavit or execution duly 
recorded, shall enter upon the margin of the original record 
of such mortgage, a note of reference to the record of such 
assignment, extension, release, certificate, affidavit or execu- 
tion, and shall be entitled to receive therefor the sum of 
twenty-five cents. • 

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

Appraised May 9, 1868. 

An Act to establish the municipal court of the city of 
worcester. 

Be it enacted, ^-c, as follows : 

Municipal court Section 1. Thcrc sliall be established a court, to be called 
the municipal court of the city of Worcester, which shall 



Chap. 1^98 



established 
Worcester with 

same powers, jj^^-^g ^\^q g^^-^g pgwcrs aud iurisdictiou in aM actions and pro- 

&c., as police i y • • i ±^ t ^ 

court. ceedings at law, whether civil or criminal, as the police court 



of the city of Worcester now has. 



1868.— Chapter 198. 147 

Section 2. All cases pending at the time this act shall cases pending in 
take full effect, whether civil or criminal, in the police court ^raLTfe^d; &c'' 
of the city of Worcester, shall be transferred to and have day 
in the proper day and term of the municipal court of the 
city of Worcester, and all writs, processes, complaints, peti- 
tions and proceedings whatever, which are made returnable 
or to be entered in said police court, shall be returnable to, 
entered, and have day in the proper day and term of said 
municipal court ; and all judicial writs and processes, and 
copies founded upon the records of said police court, shall 
issue under the seal of the said municipal court, in like man- 
ner and to the same effect as the same might have issued 
from the said police court if this act had not passed; and all Processes may be 
writs and processes may be made returnable to the several T'^poiice^court 
days and terms of said police court, now established by law, uke's effell "^^ 
till this act shall take full effect, and then all such writs and 
processes shall be made returnable to the days and terms 
herein established. 

Section 3. The records of the said police court of the city Police court re- 
ef Worcester shall remain in the custody of the clerk of the custody°of cieri" 
said municipal court of the city of Worcester. 

Section 4. There shall be appointed, commissioned and o°« j«»«c| an* 
qualified, agreeably to the constitution, one justice and two t.^es!^ ^"^ 
special justices of the municipal court of the city of Worces- 
ter ; and as vacancies occur, they shall be filled by appoint- 
ment in the same manner. The justice of said court shall saiary of justice, 
receive an annual salary of two thousand dollars, and at the *^'°*^°' 
same rate for any part of a year, to be paid quarterly from 
the treasury of the Commonwealth, which shall be in full for 
all services rendered by him as justice of said court, or other- 
wise ex officio. The special justices shall officiate only in compensation ot 
case of the absence or other inability or disability of said jus- 'p*""*' j-'stices. 
tice, and shall be paid by said justice six dollars for each day 
on which they may hold a session of said court. 

Section 5. The clerk of the police court of the city of ^'""^ °*' p°"«« 
Worcester now in office shall be clerk of the municipal court tiuucc^'esso^i's 
of the city of Worcester until his successor is chosen and qualified, """^ 
qualified ; and he shall have the same powers and duties that 
he now has. 

Section 6. At the annual state election in the year eight- cierk to be elect- 
een hundred and seventy-one, and every fifth year thereafter, ^^ ^^' ^'°^^^- 
there shall be elected in the city of Worcester, a clerk of the 
said municipal court, to hold his office from the first Monday -termor office, 
of January following, and until his successor is chosen and ' 

qualified. If a vacancy occurs in the office of clerk, the jus- -vacancy, how 
tice of said court may appoint a clerk, who shall hold the '^""^" 



U8 



1868.— Chapter 198. 



-salary, SI ,200. 



— to give bond. 



Justices and 
clerk not to 
act as coun- 
sel, &c. 



Court and jus- 
tice to have 
same powers, 
&c., as police 
court and jus- 
tice now have. 



Court to have 
original and con- 
current jurisdic- 
tion with supe- 
rior court if debt, 
&c., does not ex- 
ceed $200. 



Process not to 
run into another 
county, except, 
&c. 



If process is serv- 
ed in another 
county and not 
more than twen- 
ty dollars is re- 
covered, plaintiff 
shall have no 
costs. 

Defendant's 
costs. 



If plaintiffs 
claim is reduced 
by set ofTs below 
$20, costs may be 
recovered. 



office until another at the next or any succeedhig municipal 
election in said city shall be chosen and qualified for the 
remainder of the term. The clerk shall receive an annual 
salary of twelve hundred dollars, and all fines, penalties, for- 
leitures and costs now paid or accounted for by tlie officers 
of said police court, shall be paid over and accounted for to 
the same officers, and in the same manner, by the officers of 
said municipal court. The said clerk of said municipal 
court shall be qualified and give bond in the same manner 
and amount as is now provided by law for the clerk of said 
police court. 

Section 7. The justice and clerk of the municipal court 
hereby established shall not be retained or employed as coun- 
sel or attorney in any writ, complaint or proceeding returna- 
ble to or pending in said court, nor in any suit which has 
been examined or tried therein, nor shall the special justices 
be retained or employed as aforesaid in any matter tried 
before them in said municipal court. 

Section 8. The said municipal court of the city of "Wor- 
cester and the justice thereof, shall have the same powers 
and jurisdiction as the said police court of the city of Wor- 
cester or the justice thereof now have in all matters relating 
to crimes and offences, and in receiving complajnts and issu- 
ing warrants ; and when the court is not in session, the justice 
thereof may receive complaints and issue warrants. 

Section 9. The said municipal court shall have the same 
jurisdiction as the said police court now has in all civil actions 
and proceedings, and liave original concurrent jurisdiction 
with the superior court in the county of Worcester in all cases 
where the debt or damages demanded or property replevied 
does not exceed in value two hundred dollars. 

Section 10. No writ or process issued by said court in 
civil actions or proceedings shall run into or be served in any 
county other than Worcester county, except as provided in 
section seven of chapter one hundred and twenty, and in sec- 
tion seventy-seven of chapter one hundred and forty-two of 
the General Statutes. And in all civil actions in said court 
wherein the writ or process is served upon the defendant in 
any county other than Worcester county, except as above 
provided, if the plaintiff finally recovers a sum not exceeding 
twenty dollars, for debt or damages, he shall be entitled to 
no costs, except as provided in the following section ; but the 
defendant shall recover the costs to which he would have 
been entitled if he had lieen the prevailing party. 

Section 11. If the plaintiff's claim in a writ served upon 
the defendant out of Worcester county, as established on the 
trial, exceeds twenty dollars, and is reduced to that amount 



1868.— Chapter 199. 149 

or less, or overbalanced by set-offs, wliich could not have 
been proved in payment, it shall be considered for the pur- 
poses 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. 

Section 12. The said municipal court shall have power court may h&re 
to establish a seal for said court, and the same power to issue ush 'rules, &c. 
all w^rits and processes, and to appoint all officers that may 
be necessary for the transaction of the business of the court, 
which the- said police court now has ; and said court may 
from time to time make rules for regulating the practice and 
conducting the business therein in all cases not expressly 
provided for by law. 

Section 13. The said municipal court shall beheld for court to be heia 

, , . 1-1 fi n 1 1 1 1 T daily for criminal 

criminal business daily, except on Sundays and legal hoii- and weekly for 

days, at nine o'clock in the forenoon, and in the afternoon ""' busmess. 

whenever it appears expedient to the justice thereof. Tiie 

court shall be held for civil business weekly. Each term 

shall commence on Saturday, and actions therein may be 

continued to any future day fixed for the sitting of the 

court. 

Section 14. A party aggrieved by the judgment of said Kight of appeal. 
municipal court may appeal to the superior court ; such 
appeals shall be had, entered, conducted and disposed of in 
all respects as appeals now are from the police court of the 
city of Worcester. 

Section 15. All laws establishing the police court of the Repeal, &c. 
city of Worcester, or giving jurisdiction to said court, except 
so far as may be necessary that the same should be supported 
for the purposes of this act, and all acts and parts of acts 
inconsistent with the provisions of this act are hereby repealed 
from the day this act shall take full effect ; and if upon said 
day any term of said police court shall be in session, or shall 
have been adjourned to a future day, the remainder of said 
term may be held by the justice of said municipal court. 

Section 16. This act shall take effect so far as the appoint- when to take 
ing, commissioning and qualifying of the justice and special 
justices of said municipal court are concerned, on the first 
day of June next; and it shall take full effect on the first 
day of July next. Approved May 14, 1868. 

An Act relating to private ways in the city of boston. Choi). 199 

Be it enacted, Sf^c, as follows : 

Section 1. The board of aldermen of the city of Boston streets, &c., in 
may, from time to time, designate, the name by which any for'pubiic°use°to. 
street, place, court or other way, shall be known or called, dermen!"^ ^^ ^" 



150 



1868.— Chapters 200, 201. 



Penalty for un- 
dertaking by 
erection of signs, 
&c., to name 
otherwise. 



Chap, 200 



Deaf mutes may 
be instructed at 
asylum at Hart- 
ford orat institu- 
tion at North- 
ampton. 



Governor may 
draw warrants 
for support of 
pupils. 



which now is, or hereafter shall be opened in said city over 
any private land, by the owners thereof, and dedicated to, or 
permitted to be used by the public : and any person who 
shall, by the erection of signs or by other means, undertake 
to make any such street, place, court or way publicly known 
by any name not so designated by said board of aldermen, 
shall forfeit a sum not exceeding one hundred dollars for 
each offence. 

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

Approved May 14, 1868. 

^ 

An Act concerning the education of deaf mutes. 

Be it enacted, §'c., as follows: 

Section 1, The governor, with the approval of the board 
of education, is hereby authorized to send such deaf mutes 
or deaf children as he may deem fit subjects for instruction 
at the expense of the Commonwealth, to the American 
Asylum at Hartford, or to the Clarke Institution for Deaf 
Mutes at Northampton, as the parents or guardians may 
prefer. 

Section 2. The governor is hereby authorized to draw 
his warrant for such sums as shall be necessary to pay for 
the instruction and support of such pupils as may be sent to 
said institutions respectively, pursuant to the provisions of 
the preceding section. 

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

Approved May 14, 1868. 

Chap. 201 ^^ ^^'^ relative to the blasting of rocks, in the city of 

BOSTON. 

Be it enacted, §'c., as folloios: 

Section 1. No person shall blast any rock or other 
substance with gunpowder or other material, within one 
hundred yards of any public place or highway in the city 
of Boston, without license from the board of aldermen, 
or some person designated by them in writing, specifying the 
terms and conditions on which such license is granted : 
provided, however, that the remedy of any person injured by 
the blasting of rocks shall not be affected by this act, nor 
shall it be considered as applying to the surveyors of high- 
ways in the discharge of their official duties. 

Section 2. Any person who shall, either by himself, his 
servant or agent, or by any person in his employ, violate any 
of the terms or conditions upon which the license as afore- 
said shall be granted, shall forfeit and pay, for each and every 
offence, a sum not less tlmn ten nor more than fifty dollars. 

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

Approved May 14, 1868. 



Blasting rocks, 
&c., prohibited 
in Boston, with- 
out license from 
aldermen. 



Remedy of per- 
son injured, nor 
duties of survey- 
ors of highways 
affected. 



Penalty. 



1868.— Chapters 202, 203. 151 

An Act for supplying the town of somerville with water. Qj^^n 202 

Be it enacted, §'c., as follows : 

Section 1. The town of Somerville is hereby authorized somervuie ^may 
to lay, construct and maintain within the limits of said town, ducts in conner- 
such pipes, aqueducts and structures in connection with the towJ^waterworkJ 
water works or aqueducts of the city of Charlestown, as 
may be requisite for the purpose of supplying water to the 
inhabitants of said town for the extinguishment of fires and 
for other uses. And the said town is hereby fully authorized *^„7,^;teTnr^ 
to raise by taxation or by borrowing from time to time, an $100,000. 
amount not exceeding one hundred thousand dollars for the 
purposes herein specified. 

Section 2. The said town of Somerville is hereby author- May tax estates 
ized to assess and collect upon the polls and estates of the principal and 
town, real and personal, all taxes necessary for the payment *"'<''""'• 
of tlie principal and interest of such promissory notes as 
shall be issued under the provisions of the preceding 
section. 

Section 3. The said, town of Somerville shall annually to elect commit- 

--„ I'll- r-xix tee of five luhabi- 

elect a committee of five from the inhabitants 01 the town, tants to have 
who shall superintend, control, direct and make such rules <='»=^rge of works. 
and regulations for the construction and maintenance of 
such pipes, aqueducts and structures as are authorized 
under the provisions of section one of this act. 

Section 4. All acts done by the inhabitants of the said ^'^*^f„°°^4'i^X 
town of Somerville, at a legal town meeting holden on 
Monday, the thirteenth day of April, in the year one thou- 
sand eight hundred and sixty-eight, having reference to a 
supply of water, are hereby ratified, confirmed and made 
valid to the same extent as though the provisions of this 
act were then in full force. 

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

Approved May 14, 1868. 



An Act to authorize the town of Sheffield to take stock QJ^^ip^ 203 

IN the SHEFFIELD RAILROAD COMPANY. * * 

Be it enacted, §'c., as follows : 

Section 1. The town of Sheffield is hereby authorized Sheffield nay 
by a vote of two-thirds of the voters present, at a legal town Sheffield Railroad 
meeting duly called for the purpose, to subscribe for and Company. 
hold shares in the capital stock of the Sheffield Railroad 
Company, to an amount not exceeding five per centum, of 
the assessed valuation of the said town ; and said town may May raise money 
pay for such shares, so voted to be taken, out of its treasury, ^^ *'°'^'^' °' '^^' 
and is hereby authorized to raise by loan upon bonds or tax 
or otherwise, any and all sums of money which may be 



152 



1868.— Chapters 204, 205. 



Selectmen to re- 
present town at 
meetings of com- 
pany. 



necessary to pay for the same, and may hold and dispose of 
the same like other town property. 

Section 2. The selectmen of the said town of Sheffield 
shall have authority to represent the said town of Sheffield 
at any and all meetings of the Sheffield Railroad Company, 
and said town so represented is hereby authorized to vote on 
the whole amount of the stock held by the said town, any- 
thing in the sixty-third chapter of the General Statutes to 
the contrary notwithstanding. 

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

Approved May 14, 1868. 

An Act to authorize the county commissioners of the county 
of bristol to lay out a highway and construct a bridge 
in the town of somerset. 

Be it enacted, §'c., as follows : 

Section 1. The county commissioners of the county of 
Bristol are hereby authorized and empowered, if in their 
opinion the public convenience and necessity require it, to 
lay out a highway and construct a bridge over Labor-in-vain 
Creek, so called, in the town of Somerset, in said county, at 
such place as said commissioners may determine. In laying 
out and constructing said highway and bridge, said commis- 
sioners shall, in all respects, proceed as is now provided by 
law for laying out and constructing highways. 

Section 2. This act shall be void unless an application 
shall be made to the county commissioners to lay out said 
highway and bridge within one year from its passage. 

Approved May 14, 1868. 

Chap. 205 ^^ ^^^ "^^ INCORPORATE THE BOSTON AND CHICAGO ADJUSTABLE 
"' CAR COMPANY. 

Be it enacted, Sfc, as folloivs : 

Section 1. Charles Bockus, Francis Childs, Edmund 
Fletcher, their associates and successors, are hereby made a 
corporation by the name of the Boston and Chicago Adjust- 
able Car 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 applicable to such corporations, and subject to such 
taxation as is now, or may hereafter be imposed on railroad 
and telegraph companies. 

Section 2. The said corporation is hereby authorized to 
manufacture, build, purchase, hire, lease, sell and hold 
adjustable railway freight cars. 

Section 3. The capital stock of said corporation shall be 
five hundred thousand dollars, with the right to increase the 



Chap. 204 



County commis- 
sioners may lay 
out highway and 
build bridge in 
Somerset. 



To be laid out, 
&c., according 
to law for high- 
ways. 



Void, unless ap- 
plied for within 
one year. 



Corporators. 



Name and pur- 
pose. 

Powers and 
duties. 



May build, &c., 
railway freight 
cars. 



Capital stock and 
shares . 



1868.— Chapters 206, 207. 153 

same to one million dollars, and shall be divided into shares Not to commence 
of the par value of one hundred dollars each. Said corpo- $125,000 paid in. 
ration shall not commence operations until one hundred and 
twenty-five thousand dollars has been paid in in cash. 
Section 4. This act shall take effect upon its passage. 

Approved May 14, 1868. 



Chap. 206 



An Act to incorporate the electric gas lighting company. 

Be it enacted, ^'c, as follotos : 

Section 1. David Whittemore, Edwin E. Bean, Frank corporators. 
Bean, their associates and successors, are hereby made a 
corporation by the name of the Electric Gas Lighting Com- Name and pur- 
pany, for the purpose of manufacturing and using machinery 
for lighting gas by electricity ; and for this purpose shall ^°J^l^ ^^^ 
have all the powers and privileges and be subject to all the 
duties, restrictions and liabilities set forth in all general 
laws which are or may be in force relating to manufacturing 
corporations. 

Section 2. Said corporation shall have its usual place of Piace of business 

1 . ... n -ft T 1 T 1 • to be in Boston. 

busmess in the city oi Boston, and may establish its manu- 
factory in any town in the Commonwealth, and may hold f^fn^i e^fatr"^" 
such real and personal estate as may be necessary or con- 
venient for the purposes set forth in this act. 

Section 3. The capital stock of said corporation shall capital stock and 
not exceed three hundred thousand dollars, divided into 
shares of one hundred dollars each : provided, hoioever, that Proviso, 
said corporation shall not go into operation, until one 
hundred thousand dollars of its capital stock is paid in in 
cash. 

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

Approved May 14, 1868. 

An Act to incorporate the Cambridge land and building 
association. 



Chap. 207 

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

Section 1. John J. Fatal, A. Molyneaux Hewlett, Elias corporators. 
Furbush, their associates and successors, are hereby made 
a corporation by the name of the Cambridge Land and Name and pur- 
Building Association, during the term of twenty years ^°^^' 
from and after the passage of this act, for the purpose of 
purchasing, selling, leasing and improving real estate in the 
city of Cambridge, now held by John J. Fatal, A. M. Plew- 
lett, Elias Furbush, John P. Coburn, Lemuel Burr, P. L. 
Baldwin, Edward Williams and John B. Dunn, as trustees 
of the Cambridge Land and Building Company, and no 
other, and performing such other legal'acts as may be neces- 

27 



154 1868.— Chapters 208, 209, 210. 

Powers aud sarj 111 accomplishing said olijects ; with all the powers and 
privileges, and subject to all the duties, liabilities and condi- 
tions, set forth in all general laws which now are or here- 
after maybe in force and applicable to said corporation. 

c^p^^i stock and SECTION 2. The Capital stock of said corporation shall be 
twenty-five thousand dollars, divided into shares of one 
hundred dollars each, with liberty to increase the said 

Not to transact Capital stock to fifty thousaud dollars: provided., that the 

«6^25rpaid^n. Said Corporation shall not transact any business until at least 
six thousand two hundred and fifty dollars shall have been 
paid in in cash. 

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

Approved May 14, 1868. 

Chap. 208 -^^ -^^^ AUTHORIZING THE PNEUMATIC DISPATCH COMPANY TO 
"' CARRY PASSENGERS. 

Be it enacled,"Sfc.,'as follows : 

^n^ers^Ys^e^^^' '^^^^ Pncumatic Dispatch Company, in addition to the 
329. ' ' powers conferred by chapter three hundred and twenty-nine 
of the acts of the year eighteen hundred and sixty-seven, is 
authorized to convey passengers. Approved May 14, 1868. 

Chap. 209 -^^ ^'^'^ '^^ AMEND AN ACT TO INCORPORATE THE PENITENT 
FEMALES' REFUGE IN THE CITY OF BOSTON. 

Be it enacted, §'c., as follows : 

sioo,ooo addi- Section 1. The Penitent Females' Refuge in the city of 

lona rea es . gQgj-Qj^^ incorporated by an act approved the twenty-first day 

of January, in the year eighteen hundred and twenty-tliree, 

is hereby authorized to hold real estate to an amount not 

exceeding one hundred thousand dollars. 

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

Approved May 14, 1868. 

Chap. 210 -^^ ^^^ RELATING TO THE CIRCULATION OF STATE BANKS WHICH 
" HAVE BECOME BANKING ASSOCIATIONS UNDER THE LAWS OF THE 

UNITED STATES. 

Be it enacted, §'c., as follows : 

Former State Auy bauk herctoforc existing in this Commonwealth, and 

V. s 'laws, may orgaulzcd uudcr the general laws thereof, which has since 

from'iu*(^tofaftM become a banking association under the laws of the United 

n^tes haa'expr. Statcs, sliall, at the expiration of the three years within 

ed. which it is required to redeem its circulating notes issued 

while a state bank, under the provisions of section one of 

chapter one hundred and sixty-three of the acts of the year 

eighteen hundred and sixty-five, be entitled to withdraw 

from the custody of the auditor the public stocks deposited 

for the security of such circulating notes. 

Approved May 14, 1868. 



1868.— Chapters 211, 212. 155 

An Act relating to the assessment of taxes. Chat) 211 

Be it enacted, ^-c, as follotvs: 

Section 1. The assessors of cities and towns shall, on or List of persons 
before the first day of July, in each year, make correct ?f be^*made"and 
alphabetical lists of the names of all persons in their respec- posted by assess- 

. i . . . ^ , - » ors on or before 

live Cities and towns against whom a poll-tax has been first of juiy. 
assessed for that year, together with a designation, in cities, 
of the street and number of the residence of such persons, 
when practicable, and on or before said day shall cause such 
lists to be posted in two or more public places in each town, 
and each ward of a city. 

Section 2. When any person, on or before the first day now persona may 

p, ,. ■^. ... ... . ^ may be assessed 

01 August, in any year, gives notice in writing, accompanied on or before the. 
by satisfactory evidence, to the assessors of a city or town, ^'^^'"^'*'"^"^*' 
that he was on the first day of May of that year, an inhabi- 
tant thereof, and liable to pay a poll-tax, and furnishes 
under oath a true list of his polls and estate, both real and 
personal, not exempt from taxation, the assessors shall assess 
him for his polls and estate ; but such assessment shall be Proriso. 
subject to the provisions of chapter one hundred and twenty- 
one of the acts of the year one thousand eight hundred and 
sixty-five ; and the assessors shall, on or before the fifteenth List to be depos- 
day of August, deposit with the clerk of the city or town a Lr before fifteenth 
list of the persons so assessed. The taxes so assessed shall "f ^"s^^t. 
be entered in the tax list of the collector of the city or town, 
and he shall collect and pay over the same in the manner 
specified in his warrant. Approved May 14, 1868. 

An Act for the more effectual prevention of cruelty to ni,fjY\ 919 

animals. -1 * 

Be it enacted, §t., as folloivs : 

Section 1. Whoever shall overdrive, overload, overwork, overdriving, tor- 
torture, torment, deprive of necessary sustenance, cruelly &c°'anfmaisp°o- 
beat, mutilate or kill, or cause or procure to be so overdriven, ^^''^''e'i- 
overloaded, overworked, tortured, tormented, deprived of 
necessary sustenance, cruelly beaten, mutilated or killed, 
any horse, ox, or other animal, and whoever having the 
charge or custody of any such animal, either as owner 
or otherwise, shall unnecessarily fail to provide such 
animal with proper food, drink and shelter or protection 
from the weather, shall, for every such offence, be punished Penalties, 
by imprisonment in the jail not exceeding one year, or by 
fine, not exceeding two hundred and fifty dollars, or by both 
such fine and imprisonment. 

Section 2. Every owner of, or person having the charge Penaityon owner 
or custody of, any horse, ox, or other animal, who shall anlmauo'betoif- 
knowingly and wilfully authorize or permit the same to be t""^'&°- 



156 1868.— Chapter 212. 

subjected to or suffer unnecessary torture or cruelty, shall 
be punished for every such offence, in the manner provided 
in section one. 
-for cruelly SECTION 3. Evcrv owucr, drivcr, possessor or person 

working animal . •' in i i • i tiii 

unfit for work, havuig tlic chargc or custody oi an old, maimed or disabled 
or diseased horse, mule or other animal, who shall cruelly 
work the same when unfit for work, or cruelly abandon the ' 
same, shall be punished for every such offence in the same 
manner provided in section one. 

-for carrying SECTION 4. Any pcrsoii who shall carry or cause to be 

upon vehicle in a • i • i • i i.i • • i ' 

cruel manner, camed 111 Or upoii aiiy vcliicle or otherwise, any animal in 
an unnecessarily cruel or inhuman manner, shall be punished 
in the same manner provided in section one. 

Regulations con- SECTION 5. No raih'oad company in this state, in the carry- 

cerning carrying . ^ •f>ii • i • i 

cattle, &c., by ing aiid transportation ot cattle, sheep, swine or other animals, 
raUj'oad compa- gjjjjj| confinc tlio saiiie iu cars for a longer period than twenty- 
eight consecutive hours, unless delayed by storm or other 
accidental causes, without unloading for rest, water and feed- 
ing, for a period of at least five consecutive hours. In estimat- 
ing such confinement, the time the animals have been confined 
without such rest, on connecting roads, from which they are 
received, shall be computed ; it being the intention of this act 
to prevent their continuous confinement beyond twenty-eight 
hours, except upon contingencies herein before stated, 
nres'^ma Ti^re SECTION 6. If thc owucr or pcrsou in charge of said 
expense of feed- auimals, rcfuscs or neglects to pay for the care and feed of 
ing, c, oown- g^jjj^-)j^^|g g^ rggted, the railroad company may charge such 
expense to the owner or consignee, and retain a lien upon 
the animals until the same is paid ; and no claim of damages 
for detention shall be recovered by the owner or shipper of 
any animals for the time they are detained under the 
provisions of this act. 
Penalty on rail- SECTION 7. Auy railroad company, owner, consignee or 

road owner, &c., . , p ■ t ,,i i - ii 

for violation. pcrsoii 111 chargc of said cattle, sheep, swme or other ani- 
mals, wlio shall violate any provision of the fifth or sixth 
sections of this act, shall for each and every such violation 
be liable for and forfeit and pay a penalty of one hundred 
dollars. 

Duty of officers SECTION 8. It sliall bc thc duty of all sheriffs, deputy- 

lationT"" " ^'°" sheriffs, police officers and constables, to prosecute all 
violations of the provisions of this act which shall come to 

Fines collected, tlicir iioticc or kiiowlcdge ; and fines collected upon the 

how to be dis- i . , . /, , • p rr- j. £• J.^ 

posed of. complaint or iniormation ot any omcer or agent ot the 

Massachusetts Society for the Prevention of Cruelty to Ani- 
mals, under this act, shall inure and be paid over to said 
society, in aid of the benevolent objects for which it was 
incorporated. 



1868.— Chapters 213, 214, 215. 157 

Section 9. The several municipal and police courts, and ^"j'tf ""°° "*' 
trial justices in this Commonwealth, shall have concurrent 
jurisdiction with the superior court of all offences under 
this act. 

Section 10. Section forty-one of chapter one hundred Repeal. 
and sixty-five of the General Statutes is hereby repealed. 

Section 11. This act shall take effect upon its passage. 

Approved April 14, 1868. 
An Act fixing the times and places of holding pbobate QJ^ji^ 213 

COURTS in the county of MIDDLESEX. -^ ' 

Be it enacted, ^c, as follows : 

Section 1. After the first day of July next, the terms of c^mbrwgrtnd 
the probate court for the county of Middlesex, shall be held Loweii. 
at Cambridge, on the first, second and fourth Tuesdays of 
each month, except August ; and at Lowell on the third Tues- 
days of January, March, May, July, September and Novem- 
ber, in each year, instead of the times now provided by law. 

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

Approved May 19, 1868. 
An Act fixing the times and places of holding probate r<T,^^ 914- 

COURTS IN THE COUNTY OF NORFOLK. r " 

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

Section 1. The sessions of the probate court in the Probate court at 
county of Norfolk, shall be held at Dorchester every Wed- DeTham'' ^""^ 
nesday, except during the month of August ; and at Ded- 
ham every first Tuesday of each month except August, 
instead of the times and places now required by law. 

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

Approved May 19, 1868. 
An Act to incorporate the young men's literary institute ph^^^ 9,]^ 

OF PLYMOUTH. /^* 

Be it enacted, ^"c, as folluivs: 

Section 1. William E. Barnes, Arthur Lord, Charles C. corporators. 
Bates, tlieir associates and successors, are hereby made a 
corporation by the name of the Young Men's Literary Name and pur- 
Institute of Plymouth, for the purpose of maintaining a 
library in the town of Plymouth, and for literary and educa- 
tional purposes ; with all the powers and privileges, and ^°^gf *""* 
subject to all the duties, liabilities and restrictions, set forth 
in all general laws which now are, or may hereafter be, in 
force and applicable to such corporations. 

Section 2. Said corporation may hold real and personal ^ill^^^^ person- 
estate, for the purposes aforesaid, to an amount not exceed- 
ing fifty thousand dollars. 

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

Approved May 19, 1868. 



158 1868.— Chapters 216, 217. 

Chan 21 fi ^^ ^'^^ ^^ INCORPORATE THE ROMAN CATHOLIC CEMETERY 
' ' ASSOCIATION. 

Be it enacted, §c., a.s follows : 

Corporators. SECTION 1. Jolin J. Williams, George A. Hamilton, 

George F. Haskins, their associates and successors, are 
Name. hereby made a corporation, by the name of the Roman 

Powers and du- CatlioHc Cemetery Association. Said corporation shall have 
all the powers, and be subject to all the duties, restrictions 
and liabilities set forth in the twenty-eighth chapter of the 
General Statutes, except as is otherwise provided in this 
act. 
Real and personal SECTION 2. Thc Said corporatlou are hereby empowered 
to take and hold by purchase or gift, in fee simple, for the 
purposes hereinafter provided, so much real estate in the 
town of Maiden, in the county of Middlesex, not exceeding ' 
one hundred acres, and so much personal property, as may 
be necessary for the purposes of said corporation. 
Real estate to be SECTION 3. The Said Corporation shall take and hold the 
ground?'^ ""* real estate aforesaid for a rural cemetery or burial ground, 
and for the erection of tombs, cenotaphs or other monu- 
ments, for or hi memory of the dead ; and for this purpose 
may lay out the same in convenient and suitable lots, and 
may construct such suitable buildings and appendages as 
said corporation mav, from time to time, deem expedient. 
May convey ex- SECTION 4. The Said copporatiou shall have authority to 
burial! "^""'^ °^ grant and convey to any person or persons, the sole and 
exclusive right of burial in any of the aforesaid lots, and of 
erecting tombs and cenotaphs, and of ornamenting the same, 
upon such terms and conditions, and subject to such regula- 
tions, as said corporation shall prescribe. 

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

Approved May 19, 1868. 

Chan 217 An Act to incorporate the turner's falls cutlery company. 

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

Corporators. SECTION 1. Jamcs C. Aycr, Charles A. Stevens, Oakes 

Ames, their associates and successors, are hereby made a 
Name and pur- Corporation by the name of the Turner's Falls Cutlery 
^°^^- Company, for the purpose of manufacturing, at Turner's 

Falls, in the town of Montague, all kinds of cutlery, hard- 
ware, articles of iron and of other metals and materials ; 
Powers and du- witli all the powcrs and privileges, and subject to all the 
*'*^" duties, restrictions and liabilities set forth in all general laws 

which now are or may hereafter be in force relating to 
manufacturing corporations. 
Real estate and SECTION 2. Said corporatiou may purchase, hold, improve 
water power. ^^ leasc sucli real estate and water power as it may find 



1868.— Chapters 218, 219. 159 

necessary for the prosecution of tlie business aforesaid, not 
exceeding in value three hundred and fifty thousand 
dollars 

Section 3. The capital stock of said company shall not capital stock and 
exceed five hundred thousand dollars, to be divided into 
shares of one hundred dollars each: provided, Aozyeyer, when to go into 
that said corporation shall not go into operation or incur °p"^"°°- 
any liability until one hundred thousand dollars of its 
capital stock has been paid in in cash. 

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

Approved May 19, 1888. 

An Act to incorporate the bowditch mills. Chan 218 

Be it enacted^ <^"c., as folloivs : 

Section 1. Charles A. Ropes, James Z. Almy, George corporators. 
Wheatland, junior, their associates and successors, are 
hereby made a corporation by the name of the Bowditch Name and pur- 
Mills, for the purpose of manufacturing cotton cloths in the. ^°^*' 
city of Salem ; and for this purpose shall have all the powers Powers and du- 
and privileges, and be subject to all the duties, restrictions *'^^' 
and liabilities set forth in all general laws which now are or 
may hereafter be in force relating to manufacturing corpo- 
rations. 

Section 2. Said corporation may hold, for the purposes Reai estate. 
aforesaid, real estate necessary and convenient for its busi- 
ness, to an amount not exceeding five hundred thousand 
dollars; and the whole capital stock shall not exceed one capital stock and 
million dollars, divided into shares of one hundred dollars 
each : provided, hoivever, that said corporation shall not go Proviso, 
mto operation until two hundred thousand dollars of its 
capital stock is paid in in cash. 

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

Approved May 19, 1868. 



Chap. 21^ 



An Act to change the name of the boston new church 

UNION. 

Be it enacted, ^"c, as folloivs : 

Section 1. The Boston New Church Union, a corpora- Name changed 
tioii established in the city of Boston by chapter six of the churchuni^^." 
acts of the year eighteen hundred and sixty-four, shall here- 
after be called and known by tlie name of the Massachusetts 
New Church Union. 

Section 2. This act shall take effect upon its acceptance 

by the society. ^ Approved May 19, 1868. 



160 1868.--CHAPTERS 220, 221, 222. 

Chan 220 -^^ ^^^ ^^ addition to 

-* * VALLEY H( 



AN ACT TO INCORPORATE THE MERRIMACK 
lORSE RAILROAD COMPANY. 

Be it enacted^ §'c., as follows : 

Capital stock, SECTION 1. The Capital stock of the Merrimack Valley 

S80 000 • 

' ' Horse Railroad Company shall not exceed eighty thousand 

dollars. 
Certain acts con- SECTION 2. All acts of said corporatioH heretofore done 
Taiw. "" ^^ ^ in building its road are hereby confirmed and made valid, 
as legal acts of said corporation, in all respects as if the 
certificate signed and sworn to by the president, treasurer, 
clerk and a majority of the directors thereof, had been filed 
in the office of the secretary of the Commonwealth accord- 
ing to the provisions of law. 

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

Approved May 19, 1868. 



Chap. 221 



An Act authorizing " the temporary home for the desti- 
tute," TO hold additional real and personal estate. 
Be it enacted., ^c, as follows : 

$100,000 in real SECTION 1. " Thc Temporary Home for the Destitute," is 
ute.^''"°°^ ^^ hereby authorized to hold real and personal property to an 
amount not exceeding one hundred thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved May 19, 1868. 



Chap. 222 



An Act authorizing the milford and woonsocket railroad 

COMPANY TO mortgage ITS RAILROAD AND FRANCHISE. 

Be it enacted, §'c., as follows : 

May mortgage SECTION 1. The Milford and Woonsocket Railroad Com- 

road and fran- • i i i • i • • i i 

chise to secure pauy IS hcrcDy authorized to moEtgage its railroad, property, 
rights and franchise, or any part thereof, to secure any loan, 
or any indebtedness in the nature of a loan, that may here- 
after be made to or incurred by the said company, by a mort- 
gage deed duly executed and recorded in the counties of 

Loan not to ex- Worcostcr aiid Norfolk : provided, that said loan or loans 
shall not exceed the sum of thirty-five thousand dollars in 
the aggregate ; and provided, further, that nothing contained 
ill this act shall in any way affect any pre-existing debt not 
so secured, or any claim which any person or corporation 
may have against said company, for damage caused to such 
person, or for the taking of land included within the loca- 
tion of said railroad, or for any other cause, or any reme- 
dies for the enforcement of said debt or claims. 

Section 2. This act shall take effect uj^on its passage. 

Ajyproved May 19, 1868. 



ceed $35,000. 



1868.— Chapter 223. 161 

[ Chap. 223 



Ax Act to authorize the city of boston and the town of 

WEST ROXBURY TO IMPROVE STONY BROOK AND ITS TRU 
RIES. 

Be it enacted, §'c., as follows : 

Section 1. The city of Boston and the town of West Boston and west 
Roxbnry, for the purpose of sewerage, may remove obstruc- move^'^^obstruc- 
tions in or over fc^tony Brook and the tributaries thereof, so Brook^""™ ^*°°^ 
far as the said brook and tributaries flow within the limits 
of said city and said town respectively ; may divert the May divert the 

, iijji 11 ii 1 Til i? water, alter chan- 

water and alter the course and deepen the channel thereol ; nei, &c. 
and the more effectually to make the said improvements. May take or pur- 
may take or purchase land, not exceeding four rods in width, 
on either side of the pi'esent channel of said brook and of 
its tributaries, or of any channel into which said waters may 
be diverted, within the limits of said city and town respec- 
tively. Said city or town, as the case may be, shall, within Toeie description 
sixty days from the time they shall take any of said lands, 
file in the office of the registry of deeds for the county in 
which said lands are situate, a description of the land so 
taken, as certain as is required in a common conveyance 
of land, and a statement that the same are taken pursuant 
to the provisions of this act ; which said statement shall be statement to be 
signed by the mayor of said city, or the selectmen of said or^,°e1'ectmen.*^°'^ 
town, as the case may be ; and the title to all land so taken 
shall vest in said city or said town, as the case may be. 

Section 2. Any person iniured in his' property by any of compensation for 
the acts done by said city or town, under the nrst section oi 
this act, shall, upon application to the mayor and aldermen 
of said city, or the selectmen of said town, according as 
said property is situate in said city or town, have compensa- 
tion therefor, the amount thereof to be determined by said 
mayor and aldermen or said selectmen. And said mayor 
and aldermen, or said selectmen, as the case may be, shall 
finally adjudicate upon the question of damages, within 
thirty days after the filing of said application, unless the 
parties agree in writing to extend the time. In case dam- 
ages are awarded, payment shall be made forthwith by said 
city or town, as the case may be. 

Section 3. If the applicant is aggrieved, either by the Persons aggrier- 
estimate of his damages or by a refusal or neglect within Jury!*^^*^^'^ ""^ 
thirty days to estimate the same, he may, within three 
months from the expiration of said thirty days or of the 
extended time, as provided in the second section, apply for 
a jury and have his damages assessed in the manner pro- 
vided when land is taken in laying out highways. If the costs, by whom 
damages are increased by the jury, the damages and costs *"^*^*'^' 

28 



162 1868.— Chapter 223. 

shall be paid by the city or town, as the case may be ; other- 
wise, the costs arising on such application shall be paid by 
the applicant. 
Expense of im- SECTION -4. All the exoenscs of improving- said brook and 

DrOV6ItlCIlt DOW , 

and by whom to its tributaries, authorized by this act, including all damages 
be paid. ^^-^ uudcr the preceding sections, shall be paid by said city 

or town, according as they may be incurred within their 
respective limits. But the mayor and aldermen of said city 
and the selectmen of said town may assess upon the estates 
within their respective limits bordering upon said brook and 
its tributaries, a part of tlie expenses incurred respectively 
by them, not exceeding however one-half thereof, and not 
exceeding the amount of the benefit in proportion to the 
benefit which they may adjudge said estates to have 
sustained by said improvements. 
Assessments to be SECTION 5. All asscssmcnts made under the foiirth sec- 

lien upon real es- . n y • iii • t i i 

tate for one year, tiou 01 this act shall coustitutc a licu ou tuc real estate 

assessed for one year after they are laid, and may, together 

Estate may be witli all incidental costs and expenses, be levied by sale 

paj^ment^oftaTe"! tliercof, (cxccpt as providcd in the sixth section of this act,) 

if the assessment is not paid within three months after a 

written demand of payment, made either upon the person 

assessed or upon any person then occupying the estate, or 

posted upon the premises ; such sale to be conducted in like 

manner as sales for the non-payment of taxes. 

Assessments may SECTION 6. If thc owucr of any cstatc, assessed as pro- 

into thTee"^ parts, vidcd iu tlic fifth scctiou, desires to have the amount of said 

5°earT''*'°"''^^ asscssmcut apportioned, he shall give notice thereof in 

writing to the board of aldermen or to the selectmen, as the 

case may be, at any time before a demand is made upon him 

for the payment thereof; and said board of aldermen or 

selectmen shall thereupon apportion the said amount into 

three equal parts, which apportionment shall be certified to 

the assessors, and the said assessors shall add one of said 

equal parts to the annual tax of said estate each year for the 

three years next ensuing. 

Person aggrieved SECTION 7. Auv pcrsou aggrieved by the assessment 

by assessment , • c ^i • j_ -ii • ±i ±^ 

may apply for a uudcr tlic lourth scctiou 01 this act may, withm three months 
•'"'^^" after a written demand for payment, as provided in the fifth 

section of this act, petition for a jury or committee in the 
same manner as appeals are made when land is taken in lay- 
oosts. ijig out highways. If the assessment is not confirmed by 

the jury, the costs of the application shall be paid by the 
city or town, as the case may be ; otherwise, the same shall 
I'C paid by the applicant. 



1868.— Chapter 224. 163 

Section 8. When the improvements authorized by this stony Brook to 
act shall have been completed, that part of Stony Brook and oIlfZlTaw. 
its tributaries flowing within said city and town shall be and i^°-''bu"^y- 
remain under the control of said city and town respectively : 
provided, hoivever, that the city of Boston shall neither Proviso, 
cause nor permit any obstructions to the flow of the waters 
from said town of West Roxbury. 

Section 9. This act shall not be construed to authorize streams not to be 
the said city or town to restrain or dam up any of the °^«'''"«'ed. 
streams now flowing into Stony Brook or into the tributaries 

thereof. Approved May 19, 1868. 

An Act authorizing the town op ware to subscribe for and Ohnn OOzt 

HOLD SHARES IN THE CAPITAL STOCK OF THE WARE RIVER RAIL- ^'*^/'* ^^"^ 
ROAD COMPANY, AND FOR OTHER PURPOSES. 

Be it enacted, Sfc, as folloios : 

Section 1. The Ware River Railroad Company is hereby, when ware 
authorized to proceed to build the first section of the rail- companf may 
road authorized by the seventy-sixth chapter of the acts of ''""'' ^"f^ "«"- 
the year eighteen hundred and sixty-seven, when the sum of ""'"'^ ''°*'^" 
two hundred thousand dollars shall have been subscribed for 
the building of said section : provided, that before said Proviso, 
section shall be commenced, a certificate shall be filed in the 
office, of the secretary of the Commonwealth, subscribed and 
sworn to by the president of said company and a majority of 
its directors, stating that said sum has been subscribed by 
responsible parties, and that twenty per centum of the par 
value of each and every share embraced in said sum has 
been actually paid into the treasuiy of the said company. 

Section 2. The town of Ware is hereby authorized, ware may take 
when so voting at a legal town meeting duly called for the :x"eaingTveS- 
purpose, to subscribe for and hold shares in the capital stock uation^ '"'"''''''" 
of the said company, to an amount not exceeding five per ""^ '°°' 
centum of the assessed valuation of the said town ; and 
said town may pay for such shares, so voted to be taken, out May raise money - 
of its treasury, and is hereby authorized to raise by loan t^wforsame.. 
upon bonds or tax or otherwise, any and all sums of money 
which may be necessary to pay for the same, and may hold 
and dispose of the same like other town property. 

Section 3. The selectmen of the said town of Ware shall selectmen to rep- 
have authority to represent the said town at any and all meetings" of cor-i 
meetings of the Ware River Railroad Company ; and said ^°''''"°"- 
town, so represented, is herel)y authorized to vote on the 
whole amount of the stock held by the said town, anythino- 
in the sixty-third chapter of the General Statutes to the 
contrary notwithstanding. 

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

Approved May 19, 1868. 



164 1868.— Chapters 225, 226, 227. 

Chan 2"^5 ^^ ^^^ ^^ authorize certain towns to subscribe for and 

■i ' ^ hold stock in the WILLIAMSBURG AND NORTH ADAMS RAILROAD 

COMPANY. 

Be it enacted, ^'c, as foUoios : 

Certain towns SECTION 1. TliG towiis of Adaiiis, Savoj, Cheshire, Wiucl- 
i^Yviuiamsburg sor, Cummingtoii, Goshen, Williamsburg, Northampton, 
Rauroad c^o'*'''"' Chcsterfield, Wortliington, Westhampton and Plainfield are 
hereby severally authorized, when so voting at legal town 
meetings, duly called for the purpose, to subscribe for and 
hold shares in the capital stock of said company, to an 
amount not exceeding five per centum of the assessed valua- 
May raise money tiou of Said towiis respcctivcly ; and said towns may pay for 
o pay or same, ^^^^j^ sliarcs, SO votcd to bc takcu, out of their respective 
treasuries, and are hereby authorized to raise by loan, upon 
bonds or tax or otherwise, any and all sums of money which 
may be necessary to pay for the same, and may hold and 
dispose of the same like other town property. 
Selectmen to rep. SECTION 2. The selectmen of the towns of Adams, Savoy, 
meetings of cor> Chcsliire, Wiudsor, Cummington, Goshen, Williamsburg, 
poration. Northampton, Chesterfield, Wortliington, Westhampton and 

Plainfield, respectively, shall have authority to represent said 
towns, respectively, at any and all meethigs of the Williams- 
burg and North Adams Railroad Company, and said towns, 
so represented, are liereby authorized to vote on the Whole 
amount of the stock held by said towns, respectively, any- 
thing in sixty-third chapter of the General Statutes to the 
contrary notwithstanding. 

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

Approved May 19, 1868. 

Cha'D 226 -^^ ^^^ ^^ amend the second section of CHAPTER THIRTY-EIGHT 
-^' OF THE GENERAL STATUTES, RELATING TO HIGH SCHOOLS. 

Be it enacted, §'c., as follows: 
Number of fami- In ordcr to asccrtaiu that any town is subject to the 
-to be determined, requirement of section second, chapter thirty-eight of the 
General Statutes, the number of families or householders 
thereof shall be determined by the latest public census 
which shall have been taken, by the authority either of this 
Commonwealth or of the United States. 

Approved May 19, 1868. 

Vhat). 227 ^^ -^^"^ relating to investments by savings BANKS AND 
"' INSTITUTIONS FOR SAVINGS. 

Be it enacted, Sfc, as follows: 
inY«stment8 by Section 1. Saviugs bauks and institutions for savings 

sa-ving."* banlts in . i • /> i • i i /• i i • • 

stock, &c.; of pa- may invest their lunds in the stock oi any banking associa- 

lL°sociation''s?^'°^ tiou locatcd iu this state and organized under the provisions 

of the act of congress, approved on the third day of June, 



1868.— Chapter 228. 165 

in the year eighteen hundred and sixty-four, and may deposit 
on call in such national banking associations, and receive 
interest therefor, in the same manner, and to the same 
extent, as they are now authorized to invest in the stock of, 
and to deposit in certain national banking associations, 
under the provisions of chapter two of the acts of the year 
eighteen hundred and sixty-four. 

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

Approved May ]9, 18G8. 
An Act in addition to an act to establish the city of nkw QJifjr,-, 02H 

BEDFORD. i ' 

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

Section 1. The inhabitants of the city of New Bedford New Bedford to 

111 • 1 11 !•• T 11 continue to be a 

"sliail contniue to be a body politic and corporate under tlie city. 
name of the city of New Bedford, and as such sliall have, 
exercise and enjoy all the rights, immunities, powers and 
privileges, and shall be subject to all the duties and obliga 
tions, now incumbent upon and belonging to said city as a 
municipal corporation. 

Section 2. The administration of the fiscal, prudential Administration 

..-^. „ .,. ., , ^, 1°' affairs vested 

and municipal anairs or said city, with the conduct and in mayor and 
government thereof, shall be vested in one principal officer, mTn and^om- 
to be styled the mayor ; one council of six, to be denominated ™°° council. 
the board of aldermen ; and one council of twenty-four, 
to be denominated the common council, each of Avhich 
boards shall have a negative upon the other. The two Boards in joint 
boards in their joint capacity shall be denominated the city dty^coundh*"^ 
council ; and the mayor and the members thereof shall be Members and 
sworn to the faithful performance of the duties of their ^^^'°^_ *° ^^ 
respective offices. A majority of each board shall constitute Quorum. 
a quorum for the transaction of business ; and no member Boards to serve 
of either board shall receive any compensation for his ser- salum^kc!^^^^' 
vices, or be eligible to, or hold any office under the city gov- 
ernment, (the mayoralty excepted,) the salary of which is 
payable from the city treasury. 

Section 3, The meetings of the citizens for the election Municipal officers 
of municipal officers shall be held on the first Tuesday of n°uaiV ^on'' e^rst 
December annually ; and the said officers so chosen shall J^"i^blrf °^ ^^' 
enter upon the duties of their respective offices on the first 
Tuesday of January succeeding their election, and shall hold 
their said offices for the term of one year thereafter, and Terms of office, 
until others are chosen and qualified in their stead, except 
the assessor at large, and the members of the school com- 
mittee, who shall severally hold their respective offices for 
three years from the first Tuesday of January succeeding 
tlieir election, and until others are chosen and qualified in 
their stead. 



166 



1868.— Chapter 228. 



Warrants for 
meetings, how 
to be issued and 
served. 



Election qualifi- 
cations, and du- 
ties of wardens, 
clerlis and inspec-^- 
tors of elections. 



Election and 
qualifications of 
juayor, alder- 
men and cora- 
flnon council- 
suen. 



All warrants for the meetings of citizens for municipal 
purposes, to be held either in wards or in general meetings, 
shall be issued by the mayor and aldermen, and shall be in 
such form, and shall be served, executed and returned at 
such time, and in such manner as the city council may by 
ordinance direct. 

Section 4. On the first Tuesday in December, annually, 
there shall be chosen by ballot, in each of the wards of the 
city of New Bedford, a warden, clerk, and three inspectors 
of elections, who shall be different persons, residents of the 
ward in which they are chosen, whose terra of office shall 
commence on the first Tuesday of January next ensuing, 
and they shall hold their offices for one year thereafter, and 
until others have been chosen and qualified in their stead ; . 
and the warden, clerk and inspectors, before entering upon 
their duties, shall respectively make oath, faithfully and 
impartially to discharge their several duties relative to all 
elections, which oath may be administered by the city clerk 
to the warden, and by the warden to the ward clerk and 
inspectors, or to either or all of said officers, by any justice 
of the peace for the county of Bristol. A certificate that 
said oath has been taken shall be entered upon the records 
of the ward by the clerk thereof. 

It shall be the duty of such warden to preside at all ward 
meetings, with the powers of moderators of town meetings ; 
and if at any such meetings the warden shall be absent, the 
clerk, and in case of the absence of the clerk, an inspector 
shall preside, according to seniority of age, until a warden 
pro tempore shall be chosen by ballot. 

The clerk shall record all the proceedings, and certify the 
votes given, and shall within twenty-four hours after the 
closing of the polls deliver to the city clerk, for safe keeping, 
all such records and journals, together with all documents 
and papers, held by him in such capacity. It shall be the 
duty of the inspectors of elections to assist the warden in 
receiving, assorting and counting the votes. In case of fail- 
ure to elect a warden, ward clerk, or the whole number of 
inspectors, the same proceedings shall be had as are herein- 
after provided for the election of councilmen. 

Section 5. The mayor, and six aldermen, one alderman 
being selected from each ward, shall be elected by the quali- 
fied voters of the city at large, voting in their respective 
wards ; and four common councilmen shall be elected from 
and by the voters of each ward, being residents in the wards 
when elected. All said officers shall be chosen by ballot. 



1868.— Chapter 228. 167 

Section 6. On the first Tuesday in December, annually, Proceedings at 
tne qualined voters in each ward shall give in their votes ings for eieo- 
for mayor, aldermen and common councilmen, as provided &°c'^^ ° mayor, 
in the preceding section. All the votes so given shall be 
assorted, counted, declared and registered in open ward 
meeting, by causing the names of persons voted for, and the 
number of votes given for each, to be written in the ward 
record at length. The clerk of the ward, within twenty-four 
hours after such election, shall deliver to the persons elected 
members of the common council certificates of their election, 
signed by the warden and clerk, and by a majority of the 
inspectors of elections, and shall deliver to the city clerk a 
copy of the records of such election, certified in like manner : 
provided, however^ that if the choice of members of the Proviso as, to 
common council, school committee, overseers of the poor mietlug™*"' °^ 
and assistant assessors shall not be effected on that day, the 
meeting may be adjourned by the presiding officer of the 
wards for the purpose of filling such vacancies, to a time 
not less than twenty-four, or more than seventy-two hours 
subsequent to the hour when the polls were opened at the 
first balloting. 

Section 7. The board of aldermen shall, as soon as con- Mayor elect to be 
veniently may be, examine the copies of the records of the ^°^^^^^- 
several wards, certified as aforesaid, and shall cause the per- 
son elected mayor, to be notified in writing of his election ; 
but if it shall appear that no person has received a plurality Proceedings in 
of the votes, or if the person elected shall refuse to accept to'eiect mayor 
the office, the board shall forthwith issue its warrants for a or aidermen, or 

!• Ti T iiiiiT-n refusal to serve. 

new election, and the same proceedings shall be had in all 
respects as are herein before provided for the choice of 
mayor, and repeated from time to time until a mayor shall 
be chosen. 

If it shall appear that the whole number of aldermen 
have not been elected, the same proceedings shall be had as 
are herein before provided, in regard to the office of mayor. 
Each alderman shall be notified in writing of his election, by 
the mayor and aldermen for the time being. 

In case of the decease or resignation of the mayor, the —in case of va- 
board of aldermen and common council shall respectively mrjw'V'aWer^ 
by vote declare that a vacancy exists, and the cause thereof; '''^"■ 
whereupon the two boards shall meet in convention, and 
elect a mayor to fill such vacancy ; and the mayor thus 
elected shall hold his office during the remainder of the year, 
and until another shall be elected and qualified in his 
stead. 



168 ■ 



1868.— Chapter 228. 



In absence of 
mayor, who to 
preside. 



Mayor and city 
council to meet 
in convention on 
first Tuesday of 
January and be 
qualified. 



Certificate of 
qualification to 
be recorded. 



Record in case of 
failure to elect 
mayor. 



Organization of 
commoa coun- 
cil. 



Proceeding if the 
mayor or mem- 
bers of city coun- 
cil are absent at 
organization. 



Each board to 
keep a record 
and judge elec- 
tion of members. 

Duties of mayor. 



In case of the absence of tlie mayor or of his inability to 
perform the duties of his office, the board of aldermen shall 
elect one of their number a presiding officer, who shall per- 
form all the duties incumbent on the mayor, until the 
inability shall be removed. 

Section 8. The mayor, aldermen and common council- 
men elect shall, on the first Tuesday of January, at ten 
o'clock in the forenoon, meet in convention, when the oath 
required by this act shall be administered to the mayor, by 
any justice of the peace for the county of Bristol, and to the 
members of the two boards present, by the mayor or city 
clerk, or by any justice of the peace for the county of Bris- 
tol ; and a certificate setting forth that such oath has been 
taken, shall be entered upon the journals of the mayor and 
aldermen, and of the common council, by their respective 
clerks. 

Whenever it shall appear that a mayor has not been 
elected previously to the said first Tuesday in January, the 
mayor and aldermen for the time being shall make a record 
of the fact, an attested copy of which the city clerk shall 
read at the opening of the convention, to be held as afore- 
said on the first Tuesday of January. 

After the oaths have been administered as aforesaid, the 
two branches shall separate, and the common council shall be 
organized by the choice of a president and clerk, to hold 
their offices during the pleasure of the common council ; the 
clerk to be under oath faithfully to perform the duties of 
his office. 

In case of the absence of the mayor elect, on the first 
Tuesday of January, the city government shall organize 
itself in the manner herein before provided, and may pro- 
ceed to business in the same manner as if the mayor were 
present ; and the oath of office may at any time thereafter, 
in convention of the two branches, be administered to the 
mayor, and to any member of the city council absent at the 
organization. Each board shall keep a record of its own 
proceedings, and shall be judge of the election of its own 
members. 

Section 9. The mayor shall be the chief executive 
officer of the city. It sliall be his duty to be vigilant and 
active in causing the laws, ordinances and regulations of the 
city to be enforced, and to keep a general supervision over 
tlie conduct of all subordinate officers ; and he may, when- 
ever the public good shall require, remove any officer over 
whose appointment he has, in accordance with the provisions 
of this charter, exercised the power of nomination. 



1868.— Chapter 228. • 169 

He may call special meetings of the board of aldermen 
and common council, or either of them, when, in his opinion, 
the interests of the city require, by causing notices to be left 
at the usual dwelling-place of each member of the board or 
boards to be convened. 

He shall, from time to time, communicate to both boards 
such information, and recommend such measures as the 
business and interests of the city may, in his opinion, 
require. 

The mayor, when present, shall preside in the board of 
aldermen, and in convention of the two branches, but shall 
have a casting vote only. 

The mayor shall receive for his services a salary to be salary. 
fixed on or before the first Tuesday in June, annually, for 
the succeeding year, by the city council ; which salary shall 
not exceed the sum of fifteen hundred dollars annually, and 
he shall receive no other compensation : but such salary Nottobechanged 
shall not be increased or diminished during the period for whictfchosen. ""^ 
which he is chosen. 

Section 10. The executive power of said city generally, Executive powers 

• 1 1 T . . . ^ „ 1 T 1 11 ii vested in mayor 

together with the admmistration oi the police, and all the audaidermen. 

powers now vested in the selectmen of towns by the general 

laws of the Commonwealth, by particular laws relative to 

the powers and duties of said selectmen, or by the usages, 

votes and ordinances of said city of New Bedford, shall be 

and hereby are vested in the mayor and aldermen, as fully 

and amply as if the same were herein specially enumerated. 

The mayor and aldermen may require any person powers regarding 
appointed a marshal or constable of the city, to give bonds, bolX'b^''consta- 
with 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 required by the selectmen of 
towns in this Commonwealth. 

All meetings of the mayor and aldermen (when they are Meetings to be 
not engaged in executive business,) and of the city council &c.°' ^^''^^ ' 
and common council, shall be open to the public. 

Section 11. The mayor and aldermen shall be surveyors surveyors of 

/> 1 • 1 highways. 

01 higiiways. 

Section 12. The city council shall annually, as soon Marshals and 
after their organization as may be convenient, elect by joint ewcted by city 
ballot in convention, a city marshal and assistant-marshals ^°^"„ation"^by 
and constables, who shall hold their offices until others are the mayor. 
chosen and qualified in their stead ; and all other needful 
police officers, who shall hold office for such time as the city 
council shall by standing ordinance prescribe : provided, how- Proviso. 

29 



170 



1868.— Chapter 228. 



Subordinate offi- 
cers to be ap- 
pointed as pre- 
scribed by ordi- 
nance. 



Treasurer and 
city clerk. 



City clerk pro 
tempore may be 
elected, if clerk 
absent. 



Officers' duties 
and compensa- 
tions to be de- 
fined by city 
council. 



Appropriations. 
Accountability. 



Care of' public 
property. 



Power to sell and 
purchase. 



Account of re- 
ceipts and ex- 
penditures to 
be published. 



Powers of city 
council concern- 
ing streets and 
ways. 



ever, that no person shall be chosen a marshal or constable, 
or to any other ofifice in the department of the police of the 
city, who shall not have been nominated to the city council 
by the mayor. 

The city council shall in such manner as their ordinance 
shall presci'ibe, appoint or elect all subordinate officers 
(whose appointment or election is not otherwise provided 
for,) for the ensuing year. In case of a vacancy in any of 
said offices, the same shall be filled in the manner prescribed 
in this section. 

The city council shall in the month of April, annually, 
elect by joint ballot, in convention, a city treasurer, who 
shall be collector of taxes, and a city clerk, for tlie ensuing 
year, who shall hold their respective offices until others are 
chosen and qualified in their stead. If by reason of tempo- 
rary absence or disability, the city clerk is prevented from 
performing the duties of his office, the board of aldermen 
may ajipoint a city clerk pro tempore^ who shall be sworn to 
the faithful performance of his duties, and shall hold the office 
until the disability shall be removed, or a vacancy is declared 
and filled in the manner prescribed in this section. The 
city council shall define the duties and fix the compensations 
of all officers appointed or elected by them, when such 
duties and compensations shall not be defined and fixed 
by the laws of the Commonwealth. 

The city council shall take care that no money be paid 
from the treasury unless granted or appropriated ; shall 
secure a just and prompt accountability by requiring bonds, 
with sufficient penalties and sureties, from all persons 
intrusted with the receipt, custody or disbursement of money ; 
shall have the care and superintendence of the city build- 
ings, and the custody and management of all city property, 
with the power to let or sell what may be legally sold ; and 
to purchase property, real or personal, in the name and for 
the use of the city, whenever the interest or convenience of 
the inhabitants may in their judgment require it. 

The city council shall as often as once in a year cause to be 
published for the use of the inhabitants, a particular account 
of the receipts and expenditures, a schedule of the city 
property, and a statement of the city debt. 

Section 13. The mayor and aldermen shall have the 
same power in relation to laying out, widening, altering or 
discontinuing any sti'eet or way, and the allowance of dam- 
ages, which selectmen of towns now by law have ; and the 
city council shall have the same power in relation to the 



1868.— Chapter 228. 171 

acceptance, widening, altering or discontinuing of streets and 
ways, whicli the inhabitants of towns now by law have. 

Any person aggrieved by any proceedings of the mayor Appeals for dam- 
and aldermen or city council, in the exercise of such powers, *^*'*' 
shall have the same right of appeal to the county commis- 
sioners of the county of Bristol as is given by the laws of 
this Commonwealth to appeal from the decision of selectmen 
or inhabitants of towns. 

Section 14. All the power end authority by law vested Health officers. 
in the board of health for towns shall be vested in the city 
council, to be carried into execution by the appointment of 
health commissioners, or in such manner as the city council 
may deem expedient. 

Section 15. The city council shall have authority to Regulations con- 

. •' i 1 1 • 1 ii 1 „ cerniDg drains 

cause drams and common sewers to be laid through any and sewers, 
streets or private lands, paying the owners such damage, as 
they may sustain thereby, and to require all persons to pay 
a reasonable sum for the privilege of opening any drain inta 
said public drains or common sewers. 

Section 16. The city council may establish ordinances —inspection and 
for the inspection, survey, weighing, admeasurement and sale &c® °^ 'umber, 
of all lumber, wood, coal and bark within the city, and 
impose suitable penalties for the violation thereof. 

Section 17. The city council shall have the same power city council may 
to make all salutary and needful ordinances as towns have wUh^enimM.^^' 
by the laws of this Commonwealth, to make and establish by- 
laws, and to annex penalties, not exceeding fifty dollars, for 
the breach thereof; which ordinances shall take effect and be 
in force from and after the time therein respectively limited, 
without the sanction of any court or authority whatever ; 
and all ordinances of said city shall be duly published in 
such newspapers as the city council shall direct : provided, ProTiso. 
however^ that all by-laws, regulations and ordinances now 
in force in the city of New Bedford shall, until they 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 of the city, shall be 
paid into the city treasury. 

Section 18. It shall be the duty of the city council, and ^^rds'^tJbemade 
they are empowered during the year eighteen hundred and every ten years, 
seventy-five, and in every tenth year thereafter, to caUse a 
new division of the city to be made into six wards, in such 
manner as to include an equal number of voters in each 
ward, as nearly as conveniently may be, consistently with 
well defined limits to each ward ; and until such division be 
made, the boundary lines of the wards shall remain as now 
established. 



172 



1868.— Chapter 228. 



His duties. 



Term of ofiBce. 



Overseers of the 
poor. 



City clerk to be SECTION 19. The cltj clerk shall be clerk of the board of 
aldermen, and be alclermeii, aud sliall be sworn to the faithful performance 
sworn. Q^> j^jg duties ; he shall perform such duties as shall be pre- 

scribed by the board of aldermen, and shall perform all the 
duties and exercise all the powers by law incumbent upon 
or vested in clerks of towns. He shall call meetings of the 
city council or of either branch thereof upon being requested 
so to do by a majority of its members in writing, by caus- 
ing notices to be left at tlte usual dwelling-place of each 
member of the board or boards to be convened. 

He shall be chosen for one year, and until another is 
chosen and qualified in his place, but may at any time be 
removed by the city council. He shall deliver to his succes- 
sor in office, as soon as chosen and qualified, all journals, 
records, record books, papers, documents and other things 
held by him in his capacity as city clerk. 

Section 20. The qualified voters, at their respective 
annual ward meetings shall elect by ballot, one person in 
each ward, who shall be a resident of the ward, to be an 
overseer of the poor ; and the persons thus chosen, shall 
with the mayor of the city, constitute the board of overseers 
of the poor, and shall have all the powers, and be subject to 
all the duties belonging to overseers of the poor of towns. 

Section 21. The qualified voters at their respective 
ainmal ward meetings shall elect by ballot, one person in 
each ward, who shall be a resident of the ward, to be a 
member of the school committee, who shall hold his office 
for three years. And the persons thus chosen, with those 
whose terms of office have not expired, shall constitute the 
school committee, and have the care and superhitendence of 
the public schools. The president of the common council 
shall be ex officio^ a member of the school committee. 

Section 22. The qualified voters of the city, at the 
annual meetings in their respective wards, sliall elect by 
ballot, one person to be an assessor at large, who shall hold 
his office for tliree years, and until another is chosen and 
qualified in his stead ; and the person thus chosen assessor 
at large, with those whose terms of office have not expired, 
shall constitute the board of assessors, and shall exercise all 
the powers, and be subject to all the duties and liabilities of 
assessors of towns. 

In case of a vacancy in the board of assessors, the city 
council, in convention, shall elect, by ballot, a person to fill 
the same, who shall hold the office until the next annual 
meeting for the choice of municipal officers, and until 
another person shall be chosen aiid qualified in his stead ; 



School commit- 
tee. 



Assessors of 
taxes. 



1868.— Chapter 228. 173 

and at said annual meeting, a person shall be elected to said 
office, who shall hold the same for the residue of the unex- 
pired term. 

The qualified voters shall, at the same time, and in like Assistant-asses- 
manner, elect one person in each ward, who shall be a resi- *"^' 
dent in the ward, to be an assistant-assessor, who shall hold 
his office for one year, and until another is chosen and * 
qualified in his stead ; and it shall be the duty of the per- 
sons so chosen, to furnish the assessors with all such informa- 
tion as they may require, relative to the persons and 
property taxable in their respective wards ; and they shall 
receive for their services such compensation, per diem, as 
the city council may deteynine. 

All taxes shall be assessed, apportioned and collected in Taxes to be as- 
the manner prescribed by the laws of the Commonwealth : cording^to'iaw." 
provided^ however^ that the city council may establish further Proviso. 
or additional provisions for the collection thereof. 

In case of failure to elect an assessor at large, the same 
proceedings shall be had as are herein before provided in 
regard to aldermen. 

Section 28. All elections for county, state and United Proceedings at 

o r^ -i c \ IT 1111111 '^"'^ ^i^^'c meet- 

btates oiucers who are voted tor by the people, shall be held ings for election 
at meetings of the citizens qualified to vote in such elections anrfederai^om^ 
in their respective wards, at the time fixed by law for these '^^^^ 
elections respectively ; and at such meetings, all the votes 
given for said several officers respectively, shall be assorted, 
counted, declared and registered in open ward meeting, by 
causing the names of all persons voted for, and the number 
of votes given for each, to be written in the ward record at 
length ; and the ward clerk shall forthwith deliver to the 
city clerk a certified copy of the record of such elections. 

The city clerk shall forthwith record such returns, and the 
mayor and aldermen shall, within two days after every such 
election, examine and compare all said returns, and make out 
a certificate of the result of such elections, to be signed by 
the mayor and a majority of the aldermen, and also by the 
city clerk, which shall be transmitted or delivered in the 
same manner as similar returns are by law directed to be 
made by selectmen of towns. 

In all elections for representatives to the general court, in 
case the whole number proposed to be elected shall not be 
chosen, the mayor and aldermen shall forthwith issue their 
warrants for a new election, comformably to the provisions 
of the constitution and laws of the Commonwealth. 

Section 24. Prior to every election, the mayor and be^'preU^ed^by 
aldermen shall make out lists of all the citizens of each ward the mayor and 
qualified to vote in such elections, in the manner in which 



114: 1868.— Chapter 228. 

selectmen of towns are required to make out lists of voters ; 
and for that purpose they shall have full access to the asses- 
sors' books and lists, and be empowered to call for the assist- 
ance of all assessors, assistant-assessors, and other city offi- 
cers ; and they shall deliver said lists, so prepared and cor- 
rected, to the clerks of the several wards, to be used at such 
No person to Tote elections ; and no person shall be entitled to vote at such 

unless name is on i , • ■• • , , it, 

list. election whose name is not borne on such list. 

Rules regarding ^n^ the citv couucil sliall have authority to establish such 

lists may be es- , -, •', . , . i i • i . i . 

tabiishedbycity rulcs and rcguiations as to making out, publishing and using 
such lists of qualified voters, as they shall deem proper, not 
inconsistent with the constitution and laws of the Common- 
wealth. ^ 

General meetings SECTION 25. General mcetiugs of the citizens qualified 
to vote, may, from time to time, be held, to consult upon the 
public good, to instruct representatives, and to take all law- 
ful measures to obtain redress of any grievances, according 
to the right secured to the people by the constitution of the 
Commonwealth ; and such meetings shall be duly warned 
by the mayor and aldermen upon the requisition of fifty 
qualified voters. 

Police court, SECTION 26. The polico court of New Bedford shall have 

cognizance of all offences against the ordinances, by-laws and 
regulations, established by the city council of the city of 
New Bedford, and may, on conviction thereof, award such 
sentence as law and justice may require. 

Any person aggrieved by such sentence may appeal there- 
from to the superior court for the county of Bristol, under 
the restrictions and conditions provided by law in other 
cases of appeal from said court. 

In all prosecutions by complaint before the said police 
court, founded on the special acts of the legislature, on the 
ordinances and by-laws of the city of New Bedford, it shall 
be sufficient to set forth in such complaint the offence, fully 
and plainly, substantially and formally ; and in such com- 
plaint, it snail not be necessary to set forth such special act, 
by-law or ordinance, or any part thereof. 

amtnaedHe u- SECTION 27. Nothing contained in this act shall be con- 

lature. strucd to prcvont the legislature from altering or amending 

the same, whenever it shall deem it expedient. 

i^epeai. Section 28. All acts and parts of acts inconsistent here- 

with, are hereby repealed ; and no act which has been here- 
tofore repealed, shall be revived by the repeal of acts 
mentioned in this section. 

MceTed b°'r* Section 29. This act shall be void unless the inhabitants 

habitants. of Said city at a legal meeting called for that purpose shall, 



1868.— Chapters 229, 230. 175 

by a vote of a majority of the voters present and voting 
thereon, by written ballot, determine to adopt the same, 
within sixty days from and after its passage. 

Approved May 20, 1868. 

An Act in addition to an act to incorporate the American C'hfjn 990 

STEAMSHIP COMPANY. -^ ' 

Be it enacted, §'e., as follows : 

Section 1. The periods of time allowed to the American Time extended 
Steamship Company for the performance of the acts required steams^hips^,'«fc. 
of said company by the fourth section of the one hundred 
and twelfth chapter of the acts of the year eighteen hundred 
and sixty-three, are hereby severally extended two years 
beyond the time now allowed by law. 

Section 2. Section second of chapter one hundred and ^'"eo^*" ^^2, § 2, 
twelve, of the acts of the year eighteen hundred and sixty- 
three, is hereby amended, by inserting after the word Com- 
monwealth the words " and any port or ports in the United 
States," and by inserting after the word Ireland, " and any 
port or ports on the continent of Europe." 

Section 3. Section fourth of the aforesaid chapter is chapter 112, § 4, 
hereby amended, by inserting after the word Commonwealth ' ^"^^'^ 
the words " any port or ports in the United States," and by 
inserting after the word Ireland, " and any port or ports on 
the continent of Europe." 

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

Approved May 25, 1868. 



Chap. 230 



An Act to authorize mrs. fenno tudor to construct a wharf 

in nahant. 

Be it enacted, ^'c, as follows : 

Section 1. License is hereby given to Mrs. Fenno Tudor ?iay buud wharf 
to construct a wharf from her own land at or near Nipper 
Stage, (so called,) in Nahant, in the county of Elssex ; said 
wharf not to exceed the width of her own land, and not to 
extend more than two hundred feet beyond the line of low- 
water : provided, that all things done under this act shall be subject to ap- 
subject to the determination and approval of the harbor com- commissioners!' 
missioners, 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 license shall Proviso, 
in no wise impair the legal rights of any person ; and pro- 
vided, further, that this license may be revoked at any time, 
and shall expire at the end of five years from its taking elfect, 
except so far as valuable structures may have been actually 
and in good faith built under the same. 

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

Approved May 25, 1868. 



176 



1868.— Chapters 231, 232, 233. 



Chap.2S\ An Act to authorize the magee furnace company to extend 

ITS WHARF IN CHELSEA. 

Be it enacted, cVr., as follows : 

Section 1. License is hereby given to the Magee Furnace 
Company to extend its wharf in Chelsea, in a south-westerly 
direction to the harbor lines : provided, that all things done 
under this act shall be subject to the determination and 
approval of the harbor 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 pro- 
vided, that this license shall in no" wise impair the legal 
rights of any person ; and provided, further, that this 
license may be revoked at any time, and shall expire at the 
end of five years from its taking effect, except so far as val- 
uable structures may have been actually and in good faith 
built under the same. 

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

Approved May 2.5, 1868. 



May extend 
wharf in 
Chelsea. 

Subject to ap- 
proval of harbor 
commissioners. 



Provisos. 



Chap. 232 



May extend 
wharf in 
Marblehead. 



Subject to ap- 
proval of harbor 
commissioners. 



Provisos. 



An Act to authorize mary a. gilley and heirs of .john gil- 

LEY to extend THEIR WHARF IN MARBLEHEAD. 

Be it enacted, ^'c, as follows: 

Section 1. License is hereby given to Mary A. Gilley, 
and the heirs of John Gilley, to extend Gilley's Wharf, so 
called, in the town of Marblehead, twenty-five feet beyond 
its present line : provided, that all things done under this 
act shall be subject to the determination and approval of the 
harbor 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 
license shall in no wise impair the legal rights of any person ; 
and provided, further, that this license may be revoked at 
any time, and shall expire at the end of five years from its 
taking effect, except so far as valuable structures may have 
been actually and in good faith built under the same. 

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

Approved May 25, 1868. 



Chap, 233 



May extend 
wharf in 
Dighton. 



Subject to ap- 
proval of harbor 
commissioners. 



An Act to authorize charles e. whitmarsh to extend his 

wharf in dighton. 
Be it enacted, S^-c, as follows : 

Section 1. License is hereby given to Charles E. Whit- 
marsh to extend his wharf, in the town of Dighton, on the 
west side of Taunton Great River, northerly on a line Avith 
the channel, and to the extent of his land upon the shore of 
the river : provided, that all things done under this act sliall 
be subject to the determination and approval of the harbor 



proval of harbor 
commissioners. 



1868.— Chapters 234, 235. 177 

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 license shall Provisos. 
in no wise impair the legal rights of any person ; and pro- 
vided, further, that this license may he revoked at any time, 
and shall expire at the end of five years from its taking 
effect, except so far as valuable structures may have been 
actually and in good faith built under the same. 

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

Approved May 25, 1868. 

Ax Act to authorize the boston and hingham steamboat r'lfr,^ 9*^4 

COMPANY TO CONSTRUCT A WHARF IN HULL. -l * 

Be it enacted, §'c., as folloivs : 

Section 1. License is hereby given to the Boston and ^^'^^''^"0^3"'^ 
Hingham Steamboat Company to construct a wharf from Beach in huu. 
their own land on the westerly side of Nantasket Beach, in 
the town of Hull ; said wharf to extend towards or to the 
harbor lines : provided, that all things done under this act Subject to ap- 
shall be subject to the determination and approval of the 
harbor 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 Provisos 
license shall in no wise impair the legal rights of any person ; 
and provided, further, that this license may be revoked at any 
time, and shall expire at the end of five years from its tak- 
ing effect, except so far as valuable structures may have been 
actually and in good faith built under' the same. 

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

Approved May 25, 1868. 

An Act to authorize joseph simmons to construct a wharf 

IN somerset. 
Be it enacted, ^t., as follows : 

Section 1. License is hereby given to Joseph Simmons May extend 
to construct and extend a wharf from a lot of land now somerset.'" 
owned by him, situate in the northerly part of the village 
of Somerset, bordering on Taunton River ; said wharf not 
to exceed the width of his land, and not to exceed two hun- 
dred and fifty feet from high-water mark towards the 
channel of the river: provided, that all things done under subject to ap- 
this act shall be subject to the determination and approval 
of the harbor commissioners, as provided in the fourth sec- 
tion of chapter one hundred and forty-nine of the acts of 
the year eighteen hundred and sixty-six ; and provided, that Provisos 
this license shall in no wise impair the legal rights of any 
person; and provided^ further, that this license may be 

30 



Chap. 235 



proval of harbor 
commissioners. 



nS 1868.— Chapters 236, 237. 

revoked at any time, and shall expire at the end of five 
years from its taking effect, except so far as valuable struct- 
ures may have been actually and in good faith built under 
the same. 

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

Approved May 25, 1868. 

Chap. 236 -^^ ■^^'^ '^^ authorize benjamin T. reed and WILLIAM E. 
THRASHER TO CONSTRUCT A WHARF IN SOMERSET. 

Be it enacted, Sfc, as foUoivs : 

fn'some'raet^^^'^ SECTION 1. Liccuse is hereby given to Benjamin T. Reed 
and William E. Thrasher, to construct and extend a wharf 
from a lot of land now owned by them, upon the westerly 
side of Taunton River, in the town of Somerset ; said wharf 
not to exceed the width of their land, and not to exceed one 
hundred and twenty-five feet from high-water mark, towards 

Subject to ap- \]^q channel of the river : provided, that all things done 

commissioners, uiidcr tliis act shall bc subject to the determination and 
approval of the harbor commissioners, as provided in the 
fourth section of chapter one hundred and forty-nine of the 

Provisos. acts of the year eighteen hundred and sixty-six ; and pro- 

vided, that this license shall iii no wise impair the legal 
rights of any person ; and provided, further, that this license 
may be revoked at any time, and shall expire at the end of 
five years from its taking effect, except so far as valuable 
structures may have been actually and in good faith built 
under the same, 

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

Approved May 25, 1868. 

An Act authorizing the fitchburg railroad company to 
maintain and use a wharf. 
Be it enacted, ^'c, as follows: 

May maintain SECTION 1. Thc Fitchburg Railroad Company is hereby 

w^ar in os- aut}iorized, subject to the provisions of section four, chapter 

one hundred and forty-nine of the acts of the year eighteen 

hundred and sixty-six, to maintain and use the wharf 

extending from their railroad bridge near the northerly end 

of their car-house in Boston, to the south-westerly side of 

Warren Bridge, as a bridge and way, and to make such 

changes in said wharf as to prepare it for such use ; and 

said company may take any lease or private rights in said 

wharf that they may deem needful, in the manner provided 

in the sixty-third chapter of the General Statutes, and the 

acts in addition thereto, paying damages therefor, to be 

May improTe asscsscd ill the maimer provided in said statutes ; and said 

ciTaTtesWyeT' compaiiy are also authorized to maintain or otherwise 



Chap. 237 



1868.— Chapters 238, 239. 179 

improve their drawbridge over Charles River by construct- 
ing a new drawbridge or widening their present drawbridge : 
provided, that said company sliall maintain such bridge and Provisos. 
way in a condition safe and convenient for travel, for busi- 
ness connected with their railroad, and that such new draw- 
bridge or widening, or any part thereof, shall not extend 
more than thirty feet easterly from the easterly side of the 
present drawbridge ; and provided, further, that said com- 
pany shall pay for all rights hereby granted in any property 
of the Commonwealth such sum of money as the harbor 
commissioners, subject to the approval of the governor and 
council, shall require. 

Section 2. This act shall be void unless accepted by the ^^^''°''^' ""'^^«' 
board of directors of said company within three months after 
the approval by the governor and council of the sum fixed 
by the harbor commissioners to be paid by said company as 
herein provided ; and notice of such acceptance shall be 
given to the secretary of the Commonwealth and the harbor- 
commissioners. Approved May 25, 1868. 

An Act to revive the charles river navigation company^ Chat) 238 
Be it enacted, Sfc, as follows : 

The time for organizing the Charles River Navigation corporation re- 

_, . Ill r- .> /> 0.1 J. /> ^'^ed, and time 

Company, incorporated by chapter tiity-seven oi tlie acts oi for organizing 
the year eighteen hundred and lifty-seven, is hereby extended ''^''^°''®<^- 
to the first day of January, in the year eighteen hundred 
and seventy ; and said corporation is hereby revived, and 
upon organization before said date, shall possess all the 
powers, and be entitled to all the privileges and immunities, 
secured by said original charter. Approved May 25, 1868. 



Chap. 239' 



An Act to authorize the new london northern railroad com- 
pany to establish a line of steamboats, and for other 
purposes. 

Be it enacted, Sj-c, as foUoios : 

Section 1. The New London Northern Railroad Com- May establish 
pany is hereby authorized to establish and own a line of boats° betw*e"n 
steamboats, to be operated by said company between New andNewy'o1:°k! 
London, in the state of Connecticut, and the city of New 
York, in connection with the railroad of said company ; or May take stock im 
said railroad company may subscribe for and hold shares in i^e^purpose. 
the capital stock of any corporation that may be authorized 
to establish a line of steamboats between the points afore- 
said, to an amount not exceeding four hundred thousand 
dollars. 

Section 2. Said railroad company, if it does not act May guarantee 
under the first section of this act, is hereby authorized to corporation, or- 
guaranty the bonds of any corporation authorized to estab- '^sue bonds. 



Chap. 240 



180 1868.— Chapters 240, 241, 242. 

lish a line of steamboats, as aforesaid, to an amount not 
exceeding four hundred thousand dollars, or to issue its own 
bonds to the amount of four hundred thousand dollars, bear- 
ing interest at the rate of six per centum per annum, and 
to secure the same by a mortgage of the railroad, equipment, 
and franchise of said company. 
$400,000 addi- Section 3. Said Now London Northern Railroad Corn- 
stock. ''*^' ^ pany is hereby authorized to increase its capital stock until 
the same shall amount to two millions of dollars. 

Approved May 25, 1868. 

An Act to increase the capital stock of the boston skating 

RINK association. 

Be it enacted, Sfc, as follows : 

$50,000 addi- Section 1. The capital stock of the Boston Skating Rink 

stock. ''*'"* Association is hereby increased to one hundred thousand 
dollars. 

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

Approved May 25, 1868. 

Chctn, 241 ^^ ^^^ "^^ change the name of the BROADWAY RAILROAD 
^ * COMPANY. 

Be it enacted, Sfc, as folloios : 
Namechangedto The Broadwav Railroad Company shall take the name of 

" South Boston , ri ii-> Tt -i i/-^ 

Railroad Co." the South Bostou Railroad Company. 

Approved May 25, 1868. 

Chap. 242 -A-n Act to incorporate the mechanics' mills in fall river. 
Be it enacted, §"c., as folloios: 

Corporators. SECTION 1. Thoiuas J. Bordcu, Stephen Davol, Lazarus 

Borden, their associates and successors, are hereby made a 

Name and pur- corporatiou by the name of the Mechanics' Mills, for the 

^°'®' purpose of manufacturing cotton or woollen goods, or any 

fabric wholly or' in part of wool, cotton, silk, flax, hemp or 

Powers and du- jutc, iu tlic city of Fall Rivcr ; 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 hereafter may be in force relating to 
manufacturing corporations. 

Real estate, SECTION 2. Said corporatiou may hold for the purposes 

' ■ aforesaid, real estate necessary and convenient for its busi- 

ness, to an amount not exceeding four hundred thousand 

^hrref^'""^""* c^oUars; and the whole capital stock shall not exceed eight 
hundred thousand dollars, divided into shares of one hun- 

Proviso. dred dollars each : provided, hoivever, that said corporation 

shall not go into operation until two hundred thousand 
dollars of its capital stock has been paid in in cash. 
Section 3. This act shall take effect upon its passage. 

Approved May 25, 1868. 



1868.— Chapters 243, 244, 245. 181 

An Act in addition to "an act to incorporate the dedham QJidp^ 243 

GAS LIGHT COMPANY." "^ 

Be it enacted, §'c., as folloios : 

Section 1, The Dedham Gas Light Company, with the ?iay extend pipes 

n 1 ^ n T1 T -r» 1 1 1 'J • '"'° Hyde Park 

consent 01 the selectmen ot Hyde rark, may extend its pipes if selectmen con- 
into, and sell gas in the town of Hyde Park ; with all the ^®°'' 
rights, powers and privileges, and subject to all the duties, 
liabilities and restrictions in said town, which the said com- 
pany now has and to which it is now subject in the town of 
Dedham. The selectmen of Hyde Park shall have all the 
powers over said company in Hyde Park which the selectmen 
of Dedham now have in Dedham. 

Section 2. Said company may increase its capital stock siso.oooaddi- 
to an amount not exceeding one hundred and fifty thousand stock. *'^^' 
dollars. 

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

Approved May 25,'.1868. 



Chap. 244 



An Act to authorize the inhabitants of the town of 
franklin to pay the first congregational parish of 
franklin the sum of fifteen hundred dollars. 
Be it enacted, Sfc, as follows : 

Section 1. The inhabitants of the town of Franklin are May pay First 
hereby authorized to pay to the First Congregational parish ParistT^si^sod 
of said town the sum of fifteen hundred dollars, in considera- for common. 
tion of the purchase of their common by said town. 
Section 2. This act shall take effect upon its passage. 

Approved May 25, 1868. 



An Act to incorporate the tudor company. Chnn 94. 'i 

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

Section 1. Samuel E. Sewall, Charles H. Minot, Benja- corporators. 
min F. Field, their associates and successors, are hereby made 
a corporation by the name of the • Tudor Company, for the Name and pur- 
purpose of manufacturing jute, linseed, rough rice and leaf p°^«- 
tobacco, and for the purpose of exporting ice and other mer- 
chandise in vessels chartered by said company to export ice, 
and for the importation of such merchandise as they may 
find necessary for the proper transaction of their ice business ; 
with all the powers and privileges, and subject to all the Powers and 
duties, liabilities and restrictions set forth in all general laws ''""**'■ 
which now are or hereafter may be in force relative to manu- 
facturing corporations. 

Section 2. The capital stock of said corporation is fixed capital stock and 
and limited to six hundred thousand dollars, which shall be * ^"^' 
divided into shares of one hundred dollars each ; and said 
corporation may hold, for the purposes aforesaid, in this 



182 1868.— Chapters 246, 247, 248. 

and other countries, real estate to an amount not exceeding 
three hundred thousand dollars. 

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

Approved May 25, 1868. 
Chan. 246 -^^ -^^'^ "^^ authorize the institution for savings in new- 

BURYPORT AND ITS VICINITY TO HOLD REAL ESTATE. 

Be it enacted, S^c, as follows : 

*50,ooo in real SECTION 1. The Institution for Savings in Newburyport 
and its vicinity, located in the city of Newburyport, is 
hereby authorized to hold real estate to the amount of fifty 

Proviso. thousand dollars : provided, that no part of said amount 

shall be invested in real estate, except in the purchase of a 
suitable site, and the erection or preparation of a suitable 
building, to be used for banking purposes ; and all income, 
if any, arising from such real estate, shall be devoted exclu- 
sively to the interests of said corporation. 

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

Approved Maij 25, 1868. 



Chap. 247 



degrees. 



.7 An Act in addition to an act incorporating the Massachu- 
setts INSTITUTE OF TECHNOLOGY. 

Be it enacted, ^'c, as follows: 

May confer SECTION 1. Thc Massachusctts Listitutc of Technology 

IS hereby authorized and empowered to award and confer 
degrees appropriate to the severkl courses of study pursued 
in said institution, on such conditions as are usually pre- 
scribed in universities and colleges in the United States, and 
according to such tests of proficiency, as shall best promote 
the interests of sound education in this Commonwealth. 
Section 2. This act shall take effect upon its passage. 

Approved May 25, 1868. 



Chap. 248 



estate. 



An Act to authorize the siielhurne falls five cents savings 

bank to hold real estate. 
Be it enacted, ^"c, as follows: 
$20,000 in real SECTION 1. The Shclbume Falls Pivc Ccnts Savings Bank 
is hereby authorized to hold real estate to the amount of 
twenty thousand dollars : provided, that no part of said 
amount shall be invested in real estate, except in the pur- 
chase of a suitable site and the erection and preparation of 
a suitable building to be used for banking purposes ; and all 
income, if any, arising from such real estate, shall be devoted 
exclusively to the interests of said corporation. 

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

Approved May 25, 1868. 



1868.— Chapters 249, 250. 183 

An Act ceding jurisdiction to the united states over certain QJiqp^ 249 

LAND IN CHARLESTOWN. ■' * 

Be it enacted, §'c., as folloios : 

Section 1. Jurisdiction is hereby granted and ceded to cession of land in 

• ■ • ChcirlBstowii for 

the United States over that tract of land situate in the city navy yard. 
of Charlestown, described and bounded as follows, viz. : 
commencing at the south-westerly corner of storehouse num- 
ber four, and running in a north-easterly direction, fifty-four 
feet and fifteen-hundredths of a foot, more or less, said dis- 
tance being the width of said storehouse number four on line 
of Water street, where it joins the navy store number five, 
five-tenths of a foot, more or less, back from and on the line 
of the south-westerly corner of said navy store number five ; 
thence in a northerly direction twenty-seven feet and seventy- 
five-hundredths of a foot, more or less, to the end of the 
navy yard wall, on a line with the present guard room ; 
thence in a westerly direction, twenty-eight feet and thirty- 
three-hundredths of a foot, more or less, on the line of Wap-. 
ping street ; thence in a north-westerly direction twenty feet 
and forty-two-hundredths of a foot, on the line of Wapping 
street ; thence in a southerly direction, by an irregular 
curved line, (as shown on a plan of the premises hereby- 
ceded, filed in the office of the secretary of this Common- 
wealth, and dated the thirtieth day of April, in the year 
eighteen hundred and sixty-eight,) opposite the junction of 
Wapping and Water streets, to the point of beginning: • 

provided, always, that this Commonwealth shall and does Provisos, 
retain concurrent jurisdiction with the United States in and 
over the tract of land aforesaid, so far as that all civil and all 
criminal processes, issuing under the authority of this Com- 
monwealth, may be executed on said land, and in any build- 
ings 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 exclusive jurisdiction shall revert 
to and revest in the Commonwealth of Massachusetts when- 
ever the said land shall cease to be used for a navy yard. 
Section 2. This act shall take effect upon its passage. 

Approved May 25, 1868. 

An Act changing the time of holding the October term of QJkiv) 250 

the superior court for the county of HAMPDEN. ^' 

Be it enacted, §'c., as follows: 

Section 1. The term of the superior court now holden Term of superior 
on the first Monday of October, within and for the county of den''oo'.°changed. 
Hampden, for civil business, shall hereafter be holden on the 
fourth Monday of October. 

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

Approved May 26, 18G8. 



184 1868.— Chapters 251, 252, 253. 

Chai) 251 -^^ ^^^ AMENDING AN ACT TO ESTABLISH THE CITY OF NEWBUKY- 
-' * POUT. 

Be it enacted, ^"c, as follows : 

te'^i'tobeXided '^^^® ^^^ ^^ establish the city of Newburyport, approved 
into classes. the tweiity-fourth day of May, in the year eighteen hundred 
and fifty-one, is hereby so amended that the two members of 
the scliool committee, — to be elected by the voters of each 
ward of said city, at the next municipal election after the 
passage of this act, — shall, at the meeting for the organization 
of said school committee, be divided by lot into two classes ; 
those of the first class to serve for one year, and those of the 
second class to serve for two years ; and thereafter, at the 
municipal elections of said city, there shall be elected in 
each ward, one resident of said ward, who shall be a member 
of the school committee of said city for the term of two 
years. Approved May 26, 1868. 

Chap. 252 ^^ ^^'^ '^^ establish a commission on the SUBJECT OF CHEAP 
TRANSPORTATION BETWEEN BOSTON AND LAKE ONTARIO. 

Be it enacted, ^'c, as follows : 

poi^tedortrans- SECTION 1. Edward Crane, Nathaniel B. Shurtleff, 

portation be- Gcorgc Baty Blake, E. R. Mudge and Elisha Atkins are 

Lake Ontario, licrcby appointed a commission to inquire and report in 

print to the next general court, what legislation, if any, is 

necessar}^ to secure cheap transportation between the city of 

Boston and Lake Ontario. 

T« serve without SECTION 2. Said commissiou shall not receive compensa- 

compensation. . , i 

tion for personal service or personal expense, or mcur any 
expense, or liability, other than that mentioned in the third 
section of this act, in the performance of the duties provided 
for in the first section thereof, 
^eport^tobe Section 3. The state printers are hereby authorized and 

instructed to print one thousand copies of the report of said 
commissioners, for the use of the next general court. 

Approved May 26, 1868. 

Chap. 253 An Act to authorize the filling up of certain flats in 

THE city of CHARLESTOWN, AND LAYING OUT STREETS OVER 
the SAME. 

ciiariestown may SECTION 1. Thc city of Charlcstown is hereby authorized 

fill up flats under ., Tdi i t • f ^ ii 

direction of bar- to luclose and hli up, under the direction oi the harbor 
^or commission- Qommissioiicrs, all of those flats included within the north- 
easterly side of the Boston and Maine Railroad location, 
and the present high-water line of the Charlestown shore, and 
the upland of the Commonwealth, said flats being known as 
ProTiso. the " flats in Prison Point Bay : " provided, however, that 

no portion of the flats owned by the Commonwealth shall be 
filled under this act, except with the consent of the governor 



1868.— Chapters 254, 255. 185 

and council, and upon such terms and conditions as they "^^^f^""^; 
may prescribe ; and provided, further, that the said city of tide-water dis- 
Charlestown shall make compensation from time to time for ^ ^^ ' 
the amount of tide-water displaced by the filling up of said 
flats, under this act, the same to be ascertained by the harbor 
commissioners ; such compensation to be made in such 
manner and at such times as may be directed by said harbor 
commissioners, according to the provisions of the fourth 
section of chapter one hundred and forty-nine of the acts of 
the year eighteen hundred and sixty-six. 



Section 2. The board of mayor and aldermen of said fjf^out^^^j 



be 
land 



city of Charlestown, are hereby authorized to locate, lay out thus made. 
and construct such streets and highways over the territory 
thus filled up, as to them seems expedient : provided, Proviso. 
however, that the same proceedings shall be had in laying 
out and constructing said streets, as are and may hereafter 
be provided by law, for the laying out of streets in the city 
of Charlestown. 

Section 3. The provisions of chapter two hundred and chap. 203,^1862, 
three of the acts of the year eighteen hundred and sixty- 
two shall not apply to any streets or highways laid out 
under the provisions of this act. 

Section 4. The provisions of this act shall in no way Legai rights not 
impair the legal rights of any p€y.'Sons or corporations what- ° ^ ^p^"^* • 
ever. Approved May 26, 1868. 

An Act to incorporate the Georgetown savings bank. Chap. 254 

Be it enacted, Sj-c, as folloivs : 

Section 1. George W. Boynton, Samuel Little, George corporators. 
J. Te;iney, their associates and successors, are hereby made 
a corporation by the name of the Georgetown Savings Bank, Name and pur- 
to be located in the town of Georgetown ; with all the pow- pXersand 
ers and privileges, and subject to all the duties, liabilities d«t'es. 
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 May 26, 1868. 

An Act TO incorporate THE GARDNER SAVINGS bank. ^j occ 

Be it enacted, ^c, as folloivs : ^ 

Section 1. Stephen Taylor, Levi Heywood, Thomas E. corporators. 
Glazier, their associates and successors, are hereby made a 
corporation by the name of "The Gardner Savings Bank," Name and pur- 
to 1)0 located in the town of Gardner ; with all the powers ^"^^'^^ ^^^^ 
and privileges, and subject to all the duties, liabilities and duties. 
restrictions set forth in all general laws which now are or 
31 



186 



1868.— Chapters 256, 257, 258. 



Chap. 256 



Corporators. 



Name and pur- 
pose. 

Powers and 
duties. 



may herafter be in force in this Commonwealth, relating to 
institutions for savings. 

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

Approved Mmj 26, 1868. 

An Act to incorporate " the Worcester north savings 
institution." 
Be it enacted, §'c., as follows : 

Section 1. David Boutelle, E. I. Miles, Moses Wood, 
their associates and successors, are hereby made a corporation 
by the name of " The Worcester North Savings Institution," 
to be located in the town of Fitchburg ; with all the powers 
and privileges, and subject to all the duties, liabilities and 
restrictions set forth in all general laws which now are or 
may hereafter be in force in this Commonwealth relating to 
institutions for savings. 

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

Ajjproved May 26, 1868. 

Chat) 257 ■^^ -^^^ ^^ authorize OTIS EVERETT AND OTHERS TO CONSTRUCT A 
^' WHARF IN BOSTON. 

Be it enacted, c^c, as follows : 

May build wharf Section 1. Liccnsc is hereby given to Otis Everett, John 
H. Everett and others, the heirs of Otis Everett, deceased, 
to construct a wharf upon their flats upon the easterly side 
of Albany street, in the city of Boston ; said wharf not to 
extend beyond the harbor lines: provided, that all things 
done under this act shall be subject to the determination 
and approval of the harbor 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 license shall in no wise impair the legal 
rights of any person ; and provided, further, that this license 
may be revoked at any time, and shall expire at the end of 
five years after its taking effect, except so far as valuable 
structures may have been actually and in good faith built 
under the same. 

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

Approved May 26, 1868. 
• i^ft An Act to authorize Sidney b. morse to construct a wharf 

IN BOSTON. 

Be it enacted, §'c., as follows: 
May build wharf SECTION 1. Liccnsc is hereby givcii to Sidney B. Morse 
to construct and extend a wharf from a lot of land now 
owned by him fronting upon Albany street, in the city of 
Boston ; said wharf not to exceed the width of said lot of 
land, and not to extend beyond the harbor lines : jjrovided, 



Subject to ap- 
proval of harbor 
commissioners. 



Provisos. 



Chap, 258 



in Boston. 



1868.— Chapter 259. ^^^ 

that all things done under this act shall be subject to the ^^„^J^^'„f*,°^^P; 
determination and approval of the board of harbor commis- commissioners. 
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 provided, that this license shall in no wise Provisos, 
impair the legal rights of any person ; and provided, further, 
that this license may be revoked at any time, and shall 
expire at the end of five years from its taking effect, except 
so far as valuable structures may have been actually and in 
good faith built under the same. 

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

Approved May 26, 1868. 

An Act authorizing the cape cod railroad company to Chap. 259 

KXTEND ITS ROAD. -^ 

Be it enacted, Sfc, as follows : 

Section 1. The Cape Cod Railroad Company is hereby May extend road 

. i- . .,... •IIP J.1 through Eastham 

authorized to extend and mamtain its railroaci irom tne toweimeet. 
present terminus in the town of Orleans, through Eastham, 
to the village of Wellfleet, in the county of Barnstable: 
provided, the location thereof shall be filed within one year, Proviso, 
and the construction of such extended road shall be com- 
pleted within two years from the passage of this act ; and 
said company is further authorized to extend its road from May extend road 
the terminus so to be made in the village of Wellfleet, *» P'^°^'°<=«'°^'^- 
through Truro, to the village of Provincetown : provided, Proviso, 
the location thereof shall be filed within three years, and the 
construction of such further extension shall be completed 
within five years from the passage of this act. 

Section 2. Said company for the purposes named in the May cross naviga- 

T , . . , 1 , 1 • T J • 1 1 ble waters, sub- 

precedmg section, is hereby authorized to cross any navigable ject to direction 
waters in the county of Barnstable where it may be necessary ^^jss^oners. ''°'°' 
to locate and construct the railway herein authorized, in such 
manner as the harbor commissioners of the Commonwealth 
may direct. 

Section 3. The towns of Eastham, Wellfleet, Truro and ^ff ^41,g*°^°^ 
Provincetown are hereby authorized to subscribe for, take not exceeding 
and hold stock in said company, for the purposes of extend- vlfuatlon." '° 
ing its road as herein before authorized, to an amount not 
exceeding five per centum upon the assessed valuation of 
the property in said towns respectively, in the year when 
such subscription shall be made : provided, the legal voters Proviso, 
of said towns, respectively, shall in meetings called for that 
purpose, vote to subscribe for such stock. 

Section 4. The selectmen of said towns respectively, shall relent^toJns'^Tn 
have power to represent and vote upon the stock held by company meet- 
their respective towns at any meetings of said company. "'^^' 



188 1868.— Chapters 260, 261, 262. 

Towns may issue SECTION 5. Said towns may issiiG boiids for the stock so 
subscribed for by them, upon such terms as they shall in 
meetings called for that purpose, determine and vote. 
Section 6. This act shall take effect upon its passage. 

Approved May 26, 1868. 

Chap. 260 -^^ ^'^^ ^^ FURTHER ADDITION TO AN ACT INCORPORATING THE 
^' WORCESTER MUTUAL FIRE INSURANCE COMPANY. 

Be it enacted, Sfc, as follows : 
Chap 112, 1822, SECTION 1. The ouc hundred and twelfth chapter of the 

amended. ^ 

acts of the year eighteen hundred and twenty-two, entitled, 
" An Act incorporating the Worcester Mutual Fire Insurance 
Company," and the several acts in addition thereto, are 
hereby so amended, that said company may insure against 
loss or damage by fire, any real or personal property situated 
in this Commonwealth. 

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

Ajyproved May 26, 1868. 

Chap. 261 ^ ^^'^ '^^ AUTHORIZE DAVID SMITH AND ROBERT A. SMITH TO 
■^' BUILD A BRANCH TRACK IN NEWBURYPORT TO CONNECT WITH 

THE EASTERN RAILROAD. 

Be it enacted, ^c, as follows : 

NewburfpOT^to Section 1. Davld Smith and Eobert A. Smith are hereby 
connect with autliorizod to build a branch track in the city of Newbury- 
"^ "* ■ port, to cross Parker street, so called, in said city, and to 
extend not more than one hundred feet from the west side 
of the railroad of the Eastern Railroad Company in said city, 
subject to all general laws relative to railroads crossing high- 
ways ; and to connect said branch track with the railroad of 
ProTiso. the said Eastern Railroad Company : provided, that such 

connection shall be made with the consent in writing of said 
Eastern Railroad Company, and on such terms and conditions 
as said company may prescribe. 

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

Approved May 26, 1868. 

Chap. 262 -^^ -^^^ concerning the ELECTION OF TOWN OFFICERS. 

Be it enacted, ^c, as follows : 

offiee'rr °/at°fied Section 1. Thc clcction of moderator and town officers 
and confirmed, lieretoforc made at the towii meetings in the several towns 
in the Commonwealth, in the year eighteen hundred and 
sixty-eight, so far as the same may appear illegal, for the 
reason that the check list was not used in said elections, is 
hereby ratified and confirmed, and the same shall be taken 
and deemed good and valid in law to all intents and purposes 
whatsoever. 

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

Approved May 27, 1868. 



1868.— Chapters 263, 264. 189 

An Act to amend "An Act in relation to the sale and Qfi(ip26S 

INSPECTION of milk." -^ " 

Be it enacted, Sfc, as follows : 

Section 1. Whoever sells or exchanges, or has in his penalties for seii- 
possession, with intent to sell, or exchange, or offers for sale 'terotedmlik! "' 
or exchange, adulterated milk, or milk to which water or 
any foreign substance has been added, knowing the same to 
be adulterated or to contain water or any foreign substance, 
shall, for the first offence, be punished by a fine of one hun- 
dred dollars, and, for any subsequent violation, a fine not 
less than one hundred dollars, nor exceeding three hundred 
dollars, and imprisonment in the house of correction not less 
than thirty nor more than ninety days. 

Section 2. The penalties provided in the preceding sec- how to be re- 
tion, and those provided in the act to which this is in addition, ^"^^'^ed. 
may be recovered on complaint before any court of competent 
jurisdiction ; and one-half of the amount of fine imposed Disposition of 
shall go to the complainant or informer, and the remainder 
to the treasurer of the city or town where the offence was 
committed. 

Section 3. It shall be the duty of every inspector of milk inspector of miik 

,. I'fi' e 1*0 make com- 

to institute complaint on the iniormation oi any person wno piaint, &c. 
may lay before him satisfactory evidence on which to sustain 
the same, and he shall be entitled to receive one-half the one-haif of fine 
amount of any penalty recovered therefor, and shall pay over former"^ '° '°' 
the same to the person who has first given him the informa- 
tion on which the complaint was made. 

Section 4. The several inspectors of milk in the cities inspectors to ad- 
and towns of this Commonwealth, shall make known the '""'^'^"'*-"- 
provisions of this act, by advertising the same, from time to 
time, at least once a week. Approved May 27, 1868. 

An Act for the protection of public ways and bridges. Chan 264 
Be it enacted, ^-c, as follows : 

Section 1. Whenever, in the opinion of the mayor and cities and towns 

,- .. ', f , • i_ - 'I'^y '^Ke land 

aldermen oi a city, or the selectmen oi a town, it is necessary for protection of 
to enter upon, use or take any land for the purpose of secur- '^^js and bridges. 
ing or protecting any public way or bridge, it shall be lawful 
for them to enter upon, use or take the same. 

Section 2. All damages sustained thereby shall be recov- Damages, how as- 
ered in the .manner provided for the assessment and award ed.^*'^**'*^"'''"'^" 
of damages occasioned by the laying out, altering or discon- 
tinuance of town ways. Approved May 27, 1868. 



190 1868.— Chapters 265, 266, 267. 

Chan 265 -^^ ^^^ respecting notices of non-acceptance or non-payment 
-^ * of negotiable instruments, in the city of boston. 

Be it enacted, §'c., as follows : 
^f'mmfof^mi Section 1. Whenever a party to any promissory note, 
ofexehange, &c., bill of oxcliange or other negotiable instrument, is entitled 
be sent 'by mSr.^ to notico of the non-acceptance or non-payment of the same, 
and such instrument is payable, or to be accepted, or is 
legally presented for payment or acceptance in the city of 
Boston, and such party has his residence or place of business 
in said city ; or where, for any other reason, a notice given 
to such party in said city would be sufficient, such notice 
may be given by depositing the same, with the postage thereon 
prepaid, in any post-office in said city, sufficiently directed to 
the residence or place of business of the party for the usual 
course of mails to other post-offices within the limits of said 
city, and for the usual course of delivery by postal carriers. 
Section 2. This act shall take effect upon its passage. 

Approved May 27, 1868. 

Chan 266 ^^ ^^^ ^^ incorporate the haverhill odd fellows' hall 
^' association. 

Be it enacted, ^'c, as foUoivs : 
Corporators. SECTION 1. F. J. Stcvcus, A. B. Jaqucs, W. A. Brooks, 

their associates and successors, trustees of the fund of the 

Odd Fellows' Hall Association, in Haverhill, are hereby 
Name and pur- made a Corporation, under the name of the Haverhill Odd 
pose. Fellows' Hall Association, for the ' purpose of managing and 

administering the funds belonging to said association, and of 

building and maintaining a hall, according to the terms of 
Powers and their trust ; with all the powers and privileges, and subject 

to all the duties, restrictions and liabilities set forth in all 

general laws which now are or may hereafter be in force 

applicable to such corporations. 
Real and personal SECTION 2. Said corporatioii may hold real and personal 

estate to an amount not exceeding one hundred thousand 

dollars. 

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

Approved May 27, 1868. 
Chat) 267 "^^ "^^^ ^^ authorize the boston young men'p christian asso- 

"* CIATION TO hold ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, §"c., as follows: 
$250,000 in real The Bostou Youug Mcii's Christian Association is hereby 
^^ persona es- authorized to hold real and personal estate, to an amount 
not exceeding in all two hundred and fifty thousand dollars 
in value. Approved May 27, 1868. 



1868.— Chapters 268, 269, 270. 191 

An Act to incorporate the turner's falls paper company, nhnn 268 

Be it enacted^ §'c., as follows : 

Section 1. Alvah Crocker, Levi L. Brown, Thomas C. corporators. 
Duuton, their associates and successors, are hereby made a 
corporation by the name of the Turner's Falls Paper Com- Name and pur- 
pany, for the purpose of manufacturing paper at Turner's ^°^^' 
Falls, in the town of Montague, in the county of Franklin ; 
with all the powers and privileges, and subject to all the Powers and 
duties, restrictions and liabilities set forth in all general laws 
which now are or may hereafter be in force in this Common- 
wealth relative to manufacturing corporations. 

Section 2. Said corporation may hold real estate to the Reai and person- 
amount of two hundred thousand dollars, and the whole "^ ®^ ^ ®- 
capital stock shall not exceed five hundred thousand dollars, capital stock and 
divided into shares of one hundred dollars each : provyied^ Prov^iso. 
however, that said corporation shall not incur any liability 
until one hundred thousand dollars shall have been paid in 
in cash. 

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

Approved May 27, 1868. 
An Act ij* addition to an act incorporating the first pi^^ 9f{Q 

NATIONAL FIRE INSURANCE COMPANY OF WORCESTER. Ky/iap. ZOV 

Be it enacted, ^c, as folloios : 

Section 1. The First National Fire Insurance Company May commence 
of Worcester is hereby authorized to commence business $ioo°ooooflapu 
when one hundred thousand dollars of the capital stock of ^^■^ '= p'^''^ ^"• 
said 'company is subscribed and paid in in cash. 

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

Approved May 27, 1868. 



Chap. 270 



An Act in addition to an act incorporating the north 

american fire insurance company of boston. 
Be it enacted, Sfc, as folloios: 

Section 1. The North American Fire Insurance Com- May insure 
pany of Boston, is hereby authorized to issue policies of per- fi?e!°"withou't 
petual insurance against loss or damage by fire, containing "™^'^"°" °^ 
no limitation or restriction as regards the term of the risk : 
provided, that no such policy shall be issued until the proyiso. 
insured has made a deposit in cash with said company, the 
annual interest of which to be received by the said company 
shall be not less than an adequate yearly rate of premium 
on the risk incurred ; and that no part of such deposit shall 
be returned to the insured while such risk continues in 
force. 

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

Approved May 27, 1868. 



192 1868.— Chapters 271, 272. 

Chan 271 ^^ ^^^ ^^ authorize the providence and WORCESTER RAILROAD 
-' * COMPANY TO INCREASE ITS CAPITAL STOCK AND FOR OTHER 

PURPOSES. 

Be it enacted, ^c, as follows : 
»i,ooo,oooaddi- Section 1. The Providence and Worcester Railroad Com- 
stocL '^^^^ * pf^iiy is hereby authorized to increase its capital stock by 
adding thereto a sum not exceeding one million dollars, to 
be divided into shares of one hundred dollars each. 
May build branch SECTION 2. Tlic Said corporatiou is hereby authorized to 
rough. extend, locate, construct and maintain a branch railroad in 

the town of Attleborough, to connect with a railroad to 
be constructed from or near India Point, in Providence, in 
the state of Rhode Island, and to extend to Valley Falls, 
in the state of Rhode Island, and to unite with the railroad of 
said corporation at said Valley Falls ; and for that purpose 
shall have all the powers and privileges, and be subject to 
all the duties, liabilities and restrictions set forth in all gen- 
eral laws which now are or hereafter may be in force relating 
to such corporations. Approved May 27, 1868. 



Chap. 272 



in Haverhill. 



An Act to authorize b. addison sawyer to construct a wharf 

in haverhill. ^ 

Be it enacted, ^c, as follows : 

May build wharf SECTION 1. Liccnsc is hcrebv given to B. Addison Sawyer 
to construct a wharf from land owned by him, lying on the 
southerly side of Water street, in the town of Haverhill, to 
a line in the Merrimack River, beginning at the easterly 
point of Duncan's wharf, so called, and running easterly 
one hundred feet, more or less, to the westerly point of 
Woodman's wharf, so called, the front line of said wharf to 
be even with the front line of the said Duncan and Wood- 

subject to ap- maii's wliarvcs : provided, that all things done under this 

commis°^ion"rs°'^ ^^^ ^^^^^^ ^6 subjcct to the determination and approval of 
the harbor 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 license shall in no wise impair the legal rights of any 

ProTisos. person ; and provided, further, that this license may be 

revoked at any time, and shall expire at the end of five 
years from the time of its taking effect, except so far as 
valuable structures may have been actually and in good faith 
built under the same. 

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

Approved May 27, 1SG8. 



1868.— Chapters 273, 274, 275. 193 

An Act in addition to an act to incorporate the melrose Qfi(jp^ 273 

AND south reading HORSE RAILROAD COMPANY. ^' 

Be it enacted, ^'c, as follows: 

Section 1. The Melrose and South Readiiiff Horse Rail- May construct 

~ . . horse railway lu 

road Company is hereby authorized to construct, mamtam LynnCeid, iiid- 
and use a railway, with convenient single or double track, KeadiV"a9 <ie- 
upon and over such streets and highways in the towns of [^™^^'^ ''^ ^^' 
Lynnfield, Middleton and North Reading, as shall be from 
time to time fixed and determined by the selectmen of said 
towns. 

Section 2. Said company, as regards the railroad herel>y Powers and du- 
authorized to be constructed and maintained, shall have all 
the powers and privileges, and shall be subject to all the 
duties, liabilities and restrictions set forth irt the act incor- 
porating the Melrose and South Reading Horse Railroad 
Company, and in the general laws relating to street railway 
companies. 

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

Approved June 1, 1868. 

An Act to incorporate the dedham irish benevolent society. Q/if^yy ^74: 

Be it enacted, t|"c., as follows : 

Section 1. John N. McKerry, John Collins, Patrick corporators. 
Gaffney, their associates and successors, are hereby made a 
corporation by the name of the " Dedham Irish Benevolent Name and pur- 
Society," for the purpose of affording assistance to the mem- ^°^^' 
bers of said society and their families in cases of misfortune, 
sickness and death, and of raising and holding a fund for 
said purposes. 

Section 2. The said corporation may hold real and per- Reai and personal 
sonal estate, necessary for the purposes of their organization, ^^^^^^' 
to an amount not exceeding twenty-five thousand dollars ; 
and shall have all the powers and privileges, and be subject Powers and 
to all the duties, liabilities and restrictions set forth in all 
general laws which now are or may hereafter be in force 
applicable to such corporations. 

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

Approved June 1, 1868. 

An Act to incorporate the boston dental college. Chan 275 

Be it enacted, §'c., as follows : 

Section 1. I. J. Wetherbee, Joseph Story, R. L. Robbins, corporators. 
A. A. Frazar, H. F. Bishop, E. N. Kirk, Isaac Ayting, B. E. 
Perry, J. M. Daly, G. W. Copeland, J. B. Coolidge, J. A. 
Follett, Ammi Brown, their associates and successors, are 
hereby constituted a body corporate by the name of the 

32 



1S4 1868.— Chapter 276. 

Name and pur- Bostoii Dciital College, to be located in the city of Boston, 
^°^^' for the purpose of teaching dental science and art. 

Keai and person- SECTION 2. The Said Corporation may hold real and per- 
sonal estate to an amount not exceeding one hundred thou- 
sand dollars, and shall have the right to sue and be sued in 
May receive their corporato name, and to receive grants, devises and 
giants, &c. bequests not exceeding the aforementioned amount, to be 
held and appropriated by the said corporation for the 
advancement of dental science and art, by means of lectures, 
clinical instruction, library and museum. 
Trustees to ap- SECTION 3. The pcrsous named in the first section of this 
fnsTructors' *" act are hereby constituted trustees of said corporation, with 
power to fill any vacancy in their board ; to choose a presi- 
dent, secretary and treasurer ; to appoint professors, tutors 
and instructors, as the interests of sound learning shall 
require, subject to removal by a vote of two-thirds of the 
members of said board.. Said board of trustees shall consist 
of not less than eleven nor more than fifteen members, 
—may confer de- SECTION 4. The trustccs sliall luwc autliodty to confer 
tain^couditions. ' the degree of "doctor of dental surgery" upon candidates 
therefor, who, upon satisfactory examination by the faculty, 
have been recommended* to said trustees for said degree : 
Proviso. provided, hoioever, that the candidate shall be of good moral 

character and twenty-one years of age, as a condition for 
examination, and shall have devoted three years to the 
study of dentistry with a practitioner of dental surgery who 
shall be approved by the faculty, or shall have been in the 
practice of dental surgery for a period not less than eight 
years, including two full courses of lectures, the last of which 
shall have been pursued in the above-named college, 
-to make by- SECTION 5. Tlic board of trustccs shall have power to 
mlntof couege! make by-hiws for the government of said college, not incon- 
sistent with this charter, or with the laws of this Common- 
wealth. Said by-laws may be altered or amended by a vote 
of two-thirds of the members constituting said board. 
Corporate seal. SECTION 6. Said Corporation may have a corporate seal 
and alter the same at pleasure. 

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

Approved June 3, 1868. 

Chan 276 ■'^^ -^^^ ^^ amendment of an act concerning the laying OCT, 
-' ' ALTERING, WIDENING AND IMPROVING THE STREETS OF BOSTON. 

Be it enacted, ^'c, as follows: 
Estates in Boston Section 1. Wliercvcr any street iii the city of Boston 
\uT^^out^^ &!', shall be laid out, widened, extended, discontinued, graded 
a'ss'etsed for'pan or altered, and in the opinion of the board of alderi\ien of 
of expense. g^id city, auy real estate, including any, a part of which may 



1868.— Chapter 277. 195 

have been taken for such purpose, shall receive any benefit 
and advantage therefrom, beyond that general advantage 
which all real property in the said city may receive there- 
from, the said board may adjudge and determine the. value 
of such benefit and advantage to any such estate, and may 
assess upon the same a proportional share of the expense of 
such laying out, widening, discontinuance, grading or altera- 
tion, including damages paid under the second section of 
the act of which this is in amendment : provided, that the Limitofamount 

, ,, , , (^ , 1 i to be assessed. 

entire amount assessed lor such benefit or advantage upon 
all the estates shall not exceed in amount one-half the amount 
of such adjudged benefit and advantage, but in no case shall 
such assessment exceed the amount to be paid by the said 
city for such laying out, widening, discontinuance, grading 
or alteration. 

Section 2. The fifth section of the one hundred and Repeal, 
seventy-fourth chapter of tlie acts of the year eighteen hun- 
dred and sixty-six, is hereby repealed ; but this repeal shall 
not afiectf'any rights or liabilities which have already accrued 
under the section hereby repealed. 

Section 3. The word street in this act shall be construed "street "defined. 
to include highways, town ways, courts, lanes and alleys. 

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

Approved June 4, 1868. 



An Act for the abatement of a nuisance in the city of 

BOSTON, and for THE PRESERVATION OF THE PUBLIC HEALTH 



Chap. 277 

• IN SAID CITY. • 

Be it enacted, &"€., as follows : 

Section 1. The city of Boston may purchase or other- Boston may take 
wise take the lands or any of them, not within the limits of abate nuisance. 
the Boston and Albany Railroad, in said city, which are 
below the grade of eighteen feet above mean low-water, and 
all estates, any part of which is below said grade, with the 
buildings and other fixtures on the land so purchased or 
taken, situated and lying within the district which is bounded 
on the north-east by Pleasant street, on the east by Washing- 
ton street, on the south by Dover street, and on the west and 
north-west l:)y Tremont street. Said city shall within sixty -^to eie descrip- 
days from the time they shall take any of said lands, file in r'eg?st°ry ofdeed?. 
tlie 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 statemenir 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 ; ajid the title to all lands so taken shall vest in 



196 1868.— Chapter 277. 

If damages are the City of Bostoii ; aiid if aiij party whose land is taken, 
be p'aid^forth- shall agi'ce With the said city upon the damage done to him 
^^"^' liy the said taking, the same shall be paid to him by the said 

Grade to be city forthwith. And it shall be the duty of the city of 
Boston forthwith to raise the grade of said territory so pur- 
chased or taken, 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 
Lands of state the health of the city, and in no wise to affect injuriously 

not to be in- ,,,„,„•' ' , . • i i i 

jured. the lands ot the (Jommonwealth or its grantees in the back 

bay, or the system of drainage therein. 
Parties i^ '"'"- SECTION 2. Any pcrsou entitled to any estate in any part 
inequity in S.J. of the land SO takcu, 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 th^ 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 tlie time of said taking, and praying an assess- 
court to give the mcut of damagcs against such parties. And upon the filing 
usual notice. ^^ ^^^^j^ ^ l^-|l ^j^^ ^^-^ court shall causc notice of the pcii- 

, dency of said bill to be given to the parties named therein* 

as defendants, according to the course of courts of equity, 
and also public notice thereof, to all persons in whose behalf 
such bills shall be filed, to appear and become parties thereto, 
if they sliall think fit to do so. Said court shall prescribe how 
such public notice shall be given, and what length of time 
shall be allowed for appearing and becoming a party to such 

Parties failing to suit. Any party failing so to appear and become a party within 

ev^/wred!'^ ^°'^" thc timc prcscrlbed by the court shall be forever barred 
from recovering any damages on account of such taking. 

klnds'fobr filed ^^^^^ pcrsoii SO appearing and becoming a party, shall file a 
written description of the land in which he claims an estate, 
together with a plan thereof, so as clearly to distinguish the 
same from all other lands, and shall also declare what estate 

ifofiessTaiueby \^q claims therein. If he claims that the value of said lands 

act of city or Bos- .i- r>i-i i ii ^ r ^ 

ton Water Power at thc tuuc 01 taking thc sauiB was lessened by any unlawlul 

to°bett'ated, &€*." act Or omissiou of the city of Boston or the Bostoii Water 

Power Company, or any other 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 



1868.— Chapter 27T. 197 

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 commissioners to 
appearance to the said bill, the said court shall appoint three tiL'^^courr'^aud 
commissioners, who siiall receive such compensation as the P^''^'^y"'y- 
said court shall fix, to be paid by the city of Boston. 

8ection 4. It shall be the duty of the said commis — to hear the par- 

n. 1 i- i 1 1 r ii • 1 i- ties and assess 

sioners, alter due notice, to liear each or the said parties, damages. 
including the said city of Boston, and the said Boston 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 damages 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 other party defendant, 
affecting its value at the time of said taking. 

Section 5. Said commissioners, or the major part of -*» report to the 

court. 

them, shall make report to the said court of their doings, 
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 n report except- 
the report of the said commissioners, and have the exception ^^d?' '"^' *° ^^ 
heard and determined by the said court, according to its 
course as a court of equity, or may apply to said court to 
have proper issues framed and tried by a jury, and proceeded 
in as in other cases of issues ordered by said court. And 
on the trial of any such issue, the report of the commis- Report to be 

.... 1 • . 1 n 1 • /• • prt7na facie e\i- 

Sioners respecting its subject-matter shall be prima facie deuce, 
evidence of what is therein stated. 

Section 7. When it shall be finally determined what separate decrees 

, n ^ • . • / 1 1 J . , for damages to be 

amount oi damages any party is entitled to recover against entered 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 posts, in trial by 
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. 



different defend- 
ants. 



198 • 1868.— Chapter 277. 

Boston not to be SECTION 9. Nothiiis; ill tlus act shall be construed as 

exempted from • i • « t-» c it- • i i 

liability to abut- excmptiug tlie citj 01 Bostoii iroiii 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. 

If damages are 8ection 10. If any party sliall allege that the value of 

State, allegations liis laiid, at tlic time of the said taking, liad been diminished 

separate'^rticiein by aiiy act or omissiou 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 ])etition of right against the Commonwealth, and the 

court shall cause notice thereof to be served upon the attor- 

Attorney-fjenerai ney-o;eneral. And the attorney-general shall appear, and 

to be notified and i , 2 ,. 1 i\ 

make separate uiay iiiakc a Separate answer »iereto ; and the commis- 
answer. sioucrs appointed by the court to assess damages under this 

Separate report qq^^ Q^y.Q hereby cmpowcred to make a separate report of the 
damages, if any, caused to any party, by any act or omis- 
sion 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 Com- 
s.j.c.toinstruct moDwcalth ought to pay the same. And it shall be the duty 
m^t^rsTfTaw.'" of the suprcmc judicial court to instruct the said comis- 
sioners on any matter of law involved in their decision, at 
the request of any party or of the commissioners, and the 
proceedings shall be conformed as nearly as possible to tliose 
Report to be filed ji^ g^jts in cquity. And the final report of the commis- 
to governor. " sioiiers Oil tlic subjcct of tlic claiiiis upon the Coninionwealth 
shall be filed in court in the cause, and a duplicate thereof 
Costs. transmitted to his excellency the governor. And if, in the 

opinion of the court, it is reasonable that the Common- 
wealth bear any part of the costs or expenses, the same shall 
be certified with the said report. 
Court to make SECTION 11. Said court may make all orders and decrees 
requheMcuT^y iieccssary to carry into full effect the intent of this act, and 
for costs, &c. i^r^Yi at its discretion, at any stage of the proceedings, order 
a party to give security for the payment of damages or 
costs. 
Costs to be paid SECTION 12. All legal costs wliicli shall accrue in pro- 
ceedings under this act, not otherwise provided for, shall be 
paid as the said court shall order. 
Railways may be SECTION 13. The city of Bostou is hereby authorized to 
eTrth.° "'*''^''°'" lay railway tracks through any street or streets of said city, 
and to maintain them so long as it may be necessary, to 



1868.— Chapters 278, 279. 199 

enal^le them to transport earth and other material to fill up 
the district aforesaid, under the provisions of this act. 

Section 14. All lands taken under this act otherwise r.ands to be 

, , • 1 • ii i' taken withm 

than by purchase, shall be taken withni three years irom three je^rs. 
the passage thereof. 
'Section 15. This act shall take effect upon its passage. 

Approved June 4, 1868. 

Ax Act rklatixg to the establishmext op uniox schools. Chan 278 
Be it enacted, ^'c, as follows: 

Section 1. Two or more towns may unite in establishing towds may unite 
union schools for the accommodation of such contiguous union schools. ' ° 
portions of each, as shall be mutually agreed upon, when a 
majority of the legal voters in each town, in meetings called 
for that purpose, so determine. 

Section 2. In providing for the management and control Management of 

I O 1 • 1^ • 1 1 1 schools, location 

of said school ; in determining the location oi said school- of school-houses, 
houses, or of the schools ; in apportioning the expenses of 
erecting such scliool-houses, and of the support and mainte- 
nance of said schools, with all expenditures incident to the 
same, all proceedings shall be governed by the provisions of 
the fourth, fifth and sixth sections of the thirty-eighth chap- 
ter of the General Statutes. 

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

Approved June 4, 1868. 
Ax Act to prohibit the removal of mixors from the state, by nifr,,) 979 

OVERSEERS OF THE POOR. ■' * '*' 

Be it enacted, S,-c., as follotvs : 

Section 1. It shall be unlawful for the overseers of the Minora under 

n •. , J 1 iiii--j.r control of over- 

poor, 01 any city or town, to remove l)eyond the limits oi seers of poor not 
this Commonwealth, any minor under their control, or cause fronl'sta^trwi^tif- 
or allow the same to be done, or to withhold information out authority 
concerning the maintenance or such minor, irom any person probate, 
entitled to receive the same : provided, that the judges of Provisos, 
probate may upon application of the overseers of the poor 
of any town in their respective counties, upon a hearing 
thereon, after due notice to all parties interested, authorize 
such removal to be made; and provided, further, that this 
act shall not apply to minors who have a settlement in other 
states. 

Section 2. Any overseers of the poor violating the pro- Penalty for vie 
visions of the preceding section shall be punished by a fine ''^"°'^' 
not exceeding five hundred dollars. Approved June 4, 1868. 



200 1868.— Chapters 280, 281. 

Chan 280 ^ ^'^^ '^'^ repeal the fifteenth section of chapter fifteen 

-T^* OF THE GENERAL STATUTES. 

Be it enacted, Sj'c, as follows : 

Repeal. Sectioii fifteen of chapter fifteen of the General Statutes 

is hereby repealed. Approved June 4, 1868. 

Chcm 281 -^^ Act FOR THE REGULATION OF TENEMENT AND LODGING-HOUSES 
^' IN THE CITY OF BOSTON. 

Be it enacted, Sfc, as follows : 
Tenement and SECTION 1. From ancl after the first day of July, in the 
InBoston?"*^^ year eighteen hundred and sixty-eiglit, no house, building, 
or portion thereof, in the city of Boston, then used, occu- 
pied, leased or rented for a tenement or lodging-house, 
shall continue to be so used, occupied, leased or rented, 
unless the same on the requisition of the board of health, 
shall conform in its construction and appurtenances to the 
provisions of this act. 
Regulations con- SECTION 2. Evcry liousc, buildiug, or portion thereof, in 
tton'of^ ventiia- ^^^^ ^.^^ ^^ Bostou, dcsigued to be used, occupied, leased or 
rented, or which is used, occupied, leased or rented for a 
tenement or lodging-house, shall have in every room which 
is occupied as a sleeping-room, and which does not com- 
municate directly with the external air, a ventilating or 
transom window, having an opening or area of three square 
feet, over the door leading into and connected with the 
adjoining room, if such adjoining room communicates with 
the external air ; and also a ventilating or transom window, 
of the same opening or area, communicating with the entry 
1 or hall of the house, or where this is, from the relative situa- 

tion of the rooms, impracticable, such last-mentioned venti- 
lating or transom window shall communicate with an adjoin- 
ing room that itself communicates with the entry or hall. 
Every such house or building shall have in the roof, at the 
top of the hall, an adequate and proper ventilator, of a 
form approved by the board of health or the superintendent. 
To be provided SECTION 3. Evcry such liouse shall be provided with a 
witQ fire-escape, p^^^p^p fire-cscape, or means of escape in case of fire, to be 

approved by the superintendent of the board of health. 
Roofs and stairs SECTION 4. Tlic roof of cvcry such house shall be kept 
repairf^''°^°°*^ in good repair and so as not to leak, and all rain-water shall 
be so drained or conveyed therefrom as to prevent its drip- 
ping on the ground or causing dampness in the walls, yard 
or area. All stairs shall be provided with proper balusters 
or railings, and shall be kept in good repair. 
Regulations con- SECTION 5. Evcry such building shall be provided with 
tio'n'anrcare^of goo^ ^"^ sufficient watcr-closcts or privies, of a construction 
water-closets. approvcd by the board of health, and shall have proper 



1868.— Chapter 281. 201 

doors, traps, soil pans and other suitable works and arrange- 
ments so far as may be necessary to insure the efficient 
operation thereof. Such water-closets or privies shall not be 
less in number than one to every twenty occupants of said 
house ; but water-closets and privies may be used in common 
by the occupants of any two or more houses : provided^ the Provisos, 
access is convenient and direct ; and provided, tlie niimber 
of occupants in the houses for which they are provided shall 
not exceed the proportion above required for every privy or 
water-closet. Every such house situated upon a lot on a 
street in which there is a sewer, shall have the water-closets 
or privies furnished with a proper connection with the sewer, 
which connection shall be in all its parts adequate for the 
purpose, so as to permit entirely and freely to pass whatever 
enters the same. Such connection with the sewer shall be 
of a form approved by the board of health or superintendent, 
and all such water-closets and vaults shall be provided with 
the proper traps, and connected with the house sewer by a 
proper tight pipe, and shall be provided with sufficient water 
and other proper means of flushing the same; and every 
owner, lessee and occupant shall take due measures to prevent 
improper substances from entering such water-closets or 
privies or their connections, and to secure the prompt removal 
of any improper substances that may enter them, so that no 
accumulation shall take place, and so as to prevent any 
exhalations therefrom, offensive, dangerous or prejudicial 
to life or health, and so as to prevent the same from being cesspools not per- 
or becoming obstructed. No cesspool shall be allowed in or house unless ti^ 
under or connected with any such house, except when it is heauh officer per- 
unavoidable, and in such case it shall be constructed in such 
situation and in such manner as the board of health or 
superintendent may direct. It shall in all cases be water- 
tight, and arched or securely covered over, and no offensive 
smell or gases shall be allowed to escape therefrom, or from 
any privy or privy vault. In all cases where a sewer exists 
in the street upon which the house or building stands, the 
yard or area shall be so connected with the same that all 
water, from the roof or otherwise, and all liquid filth shall Grade of yards 
pass freely into it. Where no sewer exists in the street, the no'^^eweTeiirtsln 
yard or area shall be so graded that all water, from the roof or «''«^'- 
otherwise, and all filth shall flow freely from it and all parts 
of it into the street gutter, by a passage beneath the sidewalk, 
which shall be covered by a permanent cover, but so arranged 
as to permit access to remove obstructions or impurities. 

Section 6. From and after the first day of July, in the year Rooms under 
eighteen hundred and sixty-eight, it shall not be lawful, with- used as dwellings 
33 



202 



1868.— Chapter 281. 



after July 1, '63, 
except by permit 
of health officers. 



After July 1. '69, 
not to be used as 
dwelling unless 
seven feet high, 
and one foot of 
its height above 
ground, &c. 



Drainage. 



Water closets. 



Ventilation. 
Provisos. 



out a permit from the board of liealth or suporiatendent, to let 
or occupy or suffer to be occupied separately as a dwelling, 
any vault, cellar or underground room, built or rebuilt after 
said date, or which shall not have been so let or occupied 
before said date. And from and after the first day of July, 
in the year eighteen hundred and sixty-nine, it sliall not be 
lawful, without such permit, to let or continue to be let, or 
to occupy or suffer to be occupied, separately as a dwell- 
ing, any vault, cellar or underground room whatsoever, 
unless the same be in every part thereof at least seven feet 
in heiglit, measured from the floor to the ceiling thereof, 
nor unless the same be for at least one foot of its height 
above the surface of the street or ground adjoining or near- 
est to the same, nor unless there be outside of and adjoining 
the said vault, cellar or room, and extending along the 
entire frontage thereof, and upwards from six inches below 
the level of the floor thereof up to the surface of the said 
street or ground, an open space of at least two feet and six 
inches wide in every part, nor unless the same be well and 
effectually drained by means of a drain, the uppermost part 
of which is one foot at least below the level of the floor of such 
vault, cellar or room, nor unless there is a clear' space of not 
less than one foot below the level of the floor, except where^ 
the same is cemented, nor unless there be appurtenant to 
such vault, cellar or room the use of a water closet or privy, 
kept and provided as in this act required, nor unless the 
same have an external window-opening of at least nine 
superficial feet clear of tlie sash-frame, in which window- 
opening there shall be fitted a frame filled in with glazed 
sashes, at least four and a half superficial feet of which shall 
be made so as to open for the purpose of ventilation : pro- 
vided^ hoivever, that in case of an inner or back vault, cellar 
or room, let or occupied along with a front vault, cellar or 
room, as part of the same letting or occupation, it shall be a 
sufficient compliance with the provisions of this act, if the 
front room is provided with a window as herein before pro- 
vided, and if the said back vault, cellar or room is connected 
with the front vault, cellar or room by a door, and also l>y a 
'proper ventilating or transom window, and where practicable, 
also connected by a proper ventilating or transom window, 
or by some hall or passage, or with the external air : pi'o- 
vided, always, that in any area adjoining a vault, cellar or 
underground room, there may be steps necessary for access 
to such vault, cellar or room, if the same be so placed as 
not to be over, across or opposite to said external window, 
and so as to allow between every part of such steps and the 



1868.— Chapter 281. 203 

external wall of such yault, cellar or room, a clear space of 
six inches at least, and if the rise of said steps is open ; and 
provided^ further, that over or across any such area there 
may be steps necessary for access to any building above the 
vault, cellar or room to which such area adjoins, if the same 
be so placed as not to be over, across or opposite to any such 
external window. 

Section 7. From and after the first day of July, in the ceiiar, &c., not 
year eighteen hundred and sixty-eight, no vault, cellar or sLpingroomiTf- 
underground room in any tenement or lodging-house, shall ^xcet" byVrmit 
be occupied as a place of lodging or sleeping, except the of health oiscer. 
same shall be approved in writing, and a permit given therefor 
by the board of health or superintendent. 

Section 8. Every tenement or lodging-house shall have Receptacles for 
the proper and suitable conveniences or receptacles fg^ ''^ "^"^ •"* 
receiving garbage and other refuse matters. No tenement 
or lodging-house, or any portion thereof, shall be used as a 
place of storage for any combustible article, or any article- 
danaerous to life or detrimental to health; nor shall any certain animaig 

1 ^ ■,(.. . 1 i. 1 1 i. • . S not to be kept. 

horse, cow, calf, swine, pig, sheep or goat be kept m said 
house. 

Section 9. Every tenement or lodging-house, and every Houses to be kept 
part thereof, shall be kept clean and free from any accumu- '^''^'^' 
lation of dirt, filth, garbage or other matter in or on the 
same, or in the yard, court, passage, area or alley connected 
with or belonging to the same. The owner or keeper of any owner to cleanse 
lodging-house, and the owner or lessee of any tenement- wayr&c^ftoThe 
house or part thereof, shall thoroughly cleanse all the rooms, ^eaith'^offlcer. °^ 
passages, stairs, floors, windows, doors, walls, ceilings, privies, 
cesspools and drains thereof of the house or part of the house 
of which he is the owner or lessee, to the satisfaction of the 
board of health, so often as shall be required by or in 
accordance with any regulation or ordinance of said city, 
and shall well and sufficiently, to the satisfaction of said 
board, whitewash the walls and ceilings thereof twice at 
least in every year, in the months of April and October, unless 
the said board shall otherwise direct. Every tenement or Name of owner to 
lodging-house shall have legibly posted or painted on the uc place on buud- 
wall or door in the entry, or some public accessible place, "'^" 
the name and address of the owner or owners, and of the 
agent or agents, or any one having charge of the renting and 
collecting of the rents for the same ; and service of any service of process 
papers required by this act, or by any proceedings to enforce on°'^ person'' To" 
any of its provisions, or of the acts relating to the board of p^''^'^- , 
health, shall be sufficient if made upon the person or persons 
so designated as own»r or owners, agent or agents. 



204 1868.— Chapter 281. 

Health officer to SECTION 10. The kecpei' of any loddnff-house, and the 

nave access to iPi it- n 

house at all owiier, ageiit 01 the owner, lessee and occupant of any 

times. tenement-house, and every other person having the care or 

management thereof, shall, at all times, when required by 

any officer of the board of health, or by any officer upon 

whom any duty or authority is conferred by this act, give 

him free access to such house and to every part thereof. 

erI°orho°usesTo '^^^^ owucr Or kccpcr of any lodging-house, and the owner, 

notify health offi- agcut of the owucr, and the lessee of any tenement-house or 

cers in cases of ° , p i ii i • 11 

contagious or in- part thercoi, shall, whenever any person in sucli house is 

fectious diseases, ^j^j^ ^^ fevcr, or of any infectious, pestilential or contagious 
disease, and such sickness is known to such owner, keeper, 
agent or lessee, give immediate notice thereof to the board 
of health, or to some officer of the same, and, thereupon, 
said board shall cause the same to be inspected, and may, if 
found necessary, cause the same to be immediately cleansed 
or disinfected at the expense of the owner, in such manner 

Bedding, &c., to as they may deem necessary and effectual ; and they, may 
e pun e . ^j^^ causc tlic blaukcts, bedding and bed-clothes used l3y any 
such sick person, to be thoroughly cleansed, scoured and 
fumigated, and in extreme cases to be destroyed. 

House infected SECTION 11. Wencver it shall be certified to the board of 

hy disease or dan- ■,■,■,-, ■, . -, -, ^ •^ ^• 

gerous from want health by tho Superintendent, that any building or part 
vLltedl'^&c!' ^^ thereof is unfit for human habitation, by reason of its being 
SO infected with disease as to be likely to cause sickness 
among the occupants, or by reason of its want of repair has 
become dangerous to life, said board may issue an order, 
and cause the same to be affixed conspicuously on the build- 
ing or part thereof, and to be personally served upon the 
owner, agent or lessee, if the same can be found in this state, 
requiring all persons therein to vacate such building, for the 
reasons to be stated therein as aforesaid. Such building or 
part thereof shall, within ten days thereafter, be vacated ; 
or within such shorter time, not less than twenty-four hours, 
as in said notice may be specified ; but said board, if it shall 
become satisfied that the danger from said house or part 
thereof has ceased to exist, may revoke said order, and it 
shall thenceforward become inoperative. 
k.T4n*-hous7 Section 12. No house hereafter erected shall be used as 
a tenement-house or lodging-house, and no house heretofore 
erected, and not now used for such purpose, shall be con- 
verted into, used or leased for a tenement or lodging-house, 
unless, in addition to the requirements herein before con- 
tained, it conforms to the requirements contained in the 
following sections. 



1868.— Chapter 281. 205 

Section 13. It shall not be lawful hereafter to erect for Howandwhere 
or convert to the purposes of a tenement or lodging-house a Sricted. 
builcUng on the front of any lot where there is another 
building on the rear of the same lot, unless there is a clear, 
open space, exclusively belonging to the front building and 
extending upwards from the ground, of at least ten feet 
between said buildings, if they are one story high above the 
level of the ground ; if they are two stories high, the distance 
between them shall not be less than fifteen feet ; if they are 
three stories high, the distance between them shall be twenty 
feet ; and if they are more than three stories high, the 
distance between them shall be twenty-five feet. At the rear 
of every building hereafter erected for or converted to the 
purposes of a tenement or lodging-house on the back part of 
any lot, there shall be a clear, open space of ten feet between 
it and any other building. But when thorough ventilation of 
such open spaces can be otherwise secured, said distances 
may be lessened or modified, in special cases, by a permit 
from the board of health or the superintendent. 

Section 14. In every such house hereafter erected or Rooms to beat 

1 1 1 • 1 1 • J.1 J.J.- least eight feet 

converted, every habitable room, except rooms in tlie attic, lu height, 
shall be in every part not less than eight feet in height from 
the floor to the ceiling ; and every habitable room in the 
attic of any such building shall be at least eight feet in 
height from the floor to the ceiling, throughout not less 
than one-half the area of such room. Every such room shall windows. 
have at least one window connecting with the external air, 
or over the door a suitable ventilator, connecting it with a 
room or hall which has a connection with tlie external air. 
The total area of window in every room communicating with 
the external air, shall be equal to at least one-tenth of the 
superficial area of every such room ; and the top of one, at 
least, of such windows shall not be less than seven feet and 
six inches above the floor, and the upper half of each window 
shall be so made as to open for the purposes of ventilation. 
Every habitable room of a less area than one hundred super- ventuation. 
ficial feet, if it does not communicate directly with the exter- 
nal air, and is without an open fire-place, shall be provided 
with special means of ventilation by a separate air shaft 
extending to the roof, or otherwise, as the board of health 
may prescribe. 

Section 15. Every such house hereafter erected or con- chimneys to run 

11111 1 , 1 • • J.^ 1 through every 

verted, shall have adequate chimneys running through every floor. 
floor, with an open fire-place or grate, or place for a stove, 
properly connected with one of said chimneys, for every 
family and set of apartments. It shall have proper con- 



206 



1868.— Chapter 282. 



Water in the 
house or yard. 



Cellar to be 
cemented. 
Ventilation for 
balla. 



Penalties for vio- 
lation. 



" Tenement- 
house " de- 
fined. 



veniences and receptacles for ashes and rubbish ; it shall 
have water furnished at one or more places in such house, 
or in the yard thereof, so that the same may be adequate and 
reasonably convenient for the use of the occupants thereof. 
It shall have the floor of the cellar properly cemented, so as 
to be water-tight. The halls on each floor shall open directly 
to the external air, with suitable windows, and shall have no 
room or other obstruction at the end, unless sufficient light 
or ventilation is otherwise provided for said halls, in a manner 
approved by the board of health or the superintendent. 

Section 16. Every owner or other person violating any 
provision of this act, after the same shall take effect, shall 
be guilty of a misdemeanor, punishable by a fine not exceed- 
ing one hundred dollars, or by imprisonment not exceeding 
sixty days. 

Section 17. A tenement-house within, the meaning of this 
act, shall be taken to mean and include every house, build- 
ing, or portion thereof which is rented, leased, let or hired 
out to be occupied, or is occupied as the house or residence 
of more than three families living independently of another, 
and dcDlig their cooking upon the premises, or by more than 
two families upon a floor, so living and cooking, but having 
a common riglit in the halls, stairways, yards, water-closets 
or privies, or some of them. 

A lodging-house shall be taken to mean and include any 
house or building, or portion thereof, in which persons are 
lodged for hire for a single night, or for less than a week at 
one time. 

A cellar shall be taken to mean and include every base- 
ment or lower story of any building or house, of which one- 
half or more of the height from tlie floor to the ceiling is 
below the level of the street adjoining. 

Section 18. The board of health shall have authority to 
make otlier regulations as to cellars and as to ventilation, 
consistent with the foregoing, where it shall be satisfied that 
such regulations will secure equally well the health of the 
occupants. All complaints under this act shall be made only 
by authority of the board of health, and the municipal court 
of the city of Boston shall have jurisdiction concurrent with 
the superior court of all offences against the provisions of 
this act. Approved June 4, 1868. 

noo An Act requiring registers of deeds to record assignments 

• IX BANKRUPTCY. 

Be it enacted, §'c., as follows: 
Registers of deeds SECTION 1. Rcgistcrs of dccds shall record in the registries 
mentrmadrun- of tlicir rcspcctive countics or districts all assignments, left 
banSua^ws!^' with tliciu for rccord, made under the provisions of an act 



"Lodging-house" 
defined. 



"Cellar "de- 
fined. 



Further regula- 
tions concerning 
cellars, &c., may 
be made by board 
of health. 



Jurisdiction of 
courts. 



Chap 



1868.— Chapters 283, 284. 207 

of congress, approved the second day of March, in the year * 

eighteen hundred and sixty-seven, entitled " An Act to estab- 
lish a uniform system of bankruptcy throughout the United 
States," and all acts in addition thereto, in the same manner 
in which deeds are required to be recorded ; and said regis- Fees, 
ters of deeds shall be entitled to receive the same fees for 
such records as for recording deeds of equal length. 
Section 2. This act shall take effect npon its passage. 

Aj}proved June 4, 1868. 

An Act in relation to the taxation op insurance companies. Qj^fj^ OCQ 

Be it enacted^ ^'c, as folloios : 

Section 1. Chapter one hundred and sixty-five of the chapter2S3, § is, 
•-i»acts of the present year, entitled " An Act explanatory of an niodified by chap- 
act to \q\j taxes on certain insurance companies," shall '« les of ises. 
not be construed to repeal or modify the provision of the 
eighteenth section of chapter two hundred and eighty-three 
of the acts of the year eighteen hundred and sixty-five, which- 
exempts insurance companies from paying a tax " upon 
premiums received for insurance in other states which are 
subject to a like tax in the state where received." 

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

Approved June 4, 1868. 

An Act relating to musicians of cavalry and to brigade QJidn 284 
inspectors. "' 

Be it enacted, §r., as follows : 

Section 1. A battalion of cavalry composed of not less Battalion of cev- 
than three companies shall be entitled to a band of not more gixteen°muslcians 
than sixteen musicians, who shall receive pay as provided in 
the one hundred and forty-sixth section of chapter two hun- 
dred and nineteen of the acts of the year eighteen hundred 
and sixty-six. 

Section 2. The busier to each company of cavalry shall compensation of 

■^-^ Duller. 

be entitled to and receive the same pay as provided in said 
one hundred and forty -sixth section for musicians. 

Section 3. Brigade inspectors when in performance of compensation of 
duty as provided in the one hundred and twelfth section of andauowancefor 
said chapter, shall be entitled to and receive the same pay as *''"'^'''' 
provided in the one hundred and forty-fourth section, for 
duty in camp, and five cents per mile for travel to and from 
the place of inspection. 

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

Approved June 4, 18G8. 



208 1868.— Chapters 285, 286, 281 

Chan 285 "^^ "^^^ respecting bonds in civil cases. 

Be it enacted, ^'c, as folloivs : 
Bond required of SECTION 1, WheiieVGr 111 tllG COlirse of a civil suit or pro- 
may Ve"giveu''b'y ceeding a bond is required to be given by the party, the 
another. judgG or Other officer authorized to receive the same, may in 

his discretion, accept the bond of any other person with 
sureties, in behalf of such party. 

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

Approved June 4, 1868. 

Chap. 286 -^^ ^^"^ concerning the lighting of railroad passenger cars. 
Be it enacted, ^c, as follows : 

Railroad passen- SECTION 1. No passcugcr cars ou any railroad in this 
^ghterw?th°oi^ Commonwealth shall hereafter be lighted by naphtha or 
Tt'cer'taTntemper- ^^^J iHumiuating Oil made from coal or petroleum, or any 
^■'"■^e- illuminating oil made in part of naphtha or coal or petroleum 

oil, or any other illuminating oil which will ignite at a tem- 
perature of less than one hundred and ten degrees Fahrenheit, 
to be ascertained by the application of Tagliabue's or some 
other approved instrument. 
Penalty for Tio- SECTION 2. Any raili'oad corporation which shall violate 
'*"°°' the provisions of this act shall be liable to a fine not exceed- 

ing five hundred dollars, to be recovered to the vise of the 
Commonwealth by indictment. Approved June 4, 1868. 



Chap. 287 



An Act respecting the sale and investment of estates 
incumbered by contingent remainders, executory devises 
or powers of appointment. 

Be it enacted, ^c, as folloivs : 

Decree of sale of SECTION 1. Wheuevcr a good title in fee simple cannot 

bereTrearest^e bc made to aiiy rcal estate because the same is incumbered 

sl^j.^ ""^^^ ^^ by any contingent remainder, executory devise or power of 

appointment, the supreme judicial court may, upon petition 

of any party who has an estate in possession in such real 

estate, decree a sale and conveyance of the same by such 

party or by such other person as the court shall appoint, 

when such sale and conveyance shall appear to be necessary 

Trustees to hold Or expedient. And the court shall, if necessary, appoint one 

proceeds of sale, ^^ ^^^^.^ ^^^^g^ggg ^q j^q|(J ^^^^ invcst thc procceds of the sale 

for the benefit of the persons who would have been entitled 
to such real estate, and in the same manner as if no sale 
had been made, and shall fix the form and amount of tlie 
bond to be given by such trustees. 
Notice to be given SECTION 2. Noticc of tliG procccdings shall be given to 
estiT^""^ '" ^'^' all persons who are or may become interested in the real 
estate, and to all persons whose issue not in being may 
become interested therein, as the court may order. The 



1868.— Chapters 288, 289. 209 

court shall, in all such cases, appoint a suitable person to a next friend to 

,' . , 1 • 1 i> • 1 i> 1 1 ''^ appomted for 

appear and act ni such proceeduigs as the next irieud oi ail minors. 
minors, persons not ascertained or persons not in being, who 
may be or may become interested in such real estate, the 
cost of whose appearance and services, including compensa- 
tion of council, to be determined by the court, shall be paid 
as the court may order, either out of the proceeds of the 
real estate or by the petitioners, in which latter case execu- 
tion may issue in the name of such next friend. An order conveyance un- 
or decree made in any such proceedings, and a sale and con- good tuiT. °^^^^ 
veyance of real estate thereunder, shall be binding and con- 
clusive, and shall pass to the purchaser thereof a good title 
to the same in fee simple. 

Section 3. The probate court for the county where such probate court to 

i . Tin 1 '■'^^"'^ letters of 

real estate or any part thereoi is situated, shall, upon the trust. 
filing of a satisfactory bond, issue to the trustees before 
mentioned letters of trust, and they shall have jurisdiction 
of all matters thereafter arising in relation to the proceeds 
of the sale. Approved June 4, 1868. 



Chap. 288 



An Act in relation to the distribution of unclaimed 

portions of the personal estates of deceased persons. 
Be it enacted, §'c., as follows : 

Section 1. When any portion of the personal estate of a if personal estate 
deceased person has remained unclaimed for five years after "L'^iTuncuiraed 
the same has become payable, and the person entitled [o^'^^om m^afbe 
thereto, either as widow, next of kin, legatee, or creditor of P'»*i o^^r. 
an insolvent estate, has been absent and not heard from for 
fourteen years, the probate court, upon the petition of any 
person interested, and after public notice, may order that 
tlie same be distributed or paid over to the otlier persons who, 
but for such absent person, would have been entitled thereto 
as part of the estate of the deceased : provided, each person Proviso, 
receiving a distributive share of said estate shall give such 
bond to said judge as he shall order, to refund said sum, 
with interest thereon, at any time within six years thereafter, 
in case such shall be the order of the court. 

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

Approved June 4, 1868. 



Chap. 289 



An Act for the protection of trout in the merrill pond in 

THE town of WENDELL. 

Be it enacted, ^t., as follows : 

Section 1. No person shall take any trout from the Trout protected 
Merrill Pond, on the old Wendell town farm, in the town of in wemieir"'^' 
Wendell, or the waters running into the same, at any time 
34 



210 1868.— Chapters 290, 291. 

of the year, without permission of the proprietor or pro- 
prietors. 
k^tilTn!^ ^°' ^'°' Section 2. Any person offending against the provisions 
of this act shall forfeit and pay a fine of one dollar for each 
trout taken, to be recovered by prosecution before any trial 
justice in the county of Franklin. Approved June 4, 1868. 

Chap. 290 ^^ ^^'^ "^^ PROTECT TROUT IN JONES' MILL CREEK IN THE TOWN OF 
^' BARNSTABLE. 

Be it enacted, ^t., as follows : 
Trout protected SECTION 1. No pcrsou shall take any trout in Jones' mill 

lu .) ones' Mill ■, • ^ or, i t f • 

Creek, in Barn- crcek, ui the towii 01 Bamstaule, ironi its source to the 
junction with Scorton creek, and within two hundred yards 
of said junction, on either side thereof, from the first day of 
August in each year, to the first day of April in the year 
next ensuing ; nor shall any person take any trout therefrom 
except by hook and line ; nor shall any person enter upon 
the land bordering upon said pond or stream, at any season 
of the year, for the purpose of taking trout, without the 
written permission of the proprietors. 

Penalty for Tic- SECTION 2. Ally pcrsoii offeiiding against the provisions 
of this act, shall forfeit and pay a fine of one dollar for each 
trout taken, to be recovered by prosecution before any trial 
justice in the county of Barnstable. 

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

Approved June 4, 1868. 

Chap, 291 ^^ ^^^ CONCERNING THE MILL-DAM ROAD, AND THE ROADS CON- 
"* NECTED THEREWITH BELONGING TO THE COMMONWEALTH. 

Be it enacted, SjT., as folloivs : 

Mill-dam road SECTION 1. The city of Bostoii and the towns of Brook- 
as highway. line, Briglitoii and AVatertown, are hereby authorized, within 
one year from the passage of this act, to lay out and accept 
as highways, so much of the Mill-dam road, and the roads 
and bridges heretofore connected therewith in toll franchise, 
excepting the road known as the Cross-dam, as lies within 
the respective limits of the said city and towns : the said 
road being the same which was conveyed to the said Com- 
monwealth by the Bostoii and Roxbury Mill Corporation 
by indenture dated the ninth day of June, in the year 
eighteen hundred and fifty-four, and also by indenture 
dated the thirtieth day of December, in the year eighteen 
watertown turn- hundrcd and fifty-six. The said highways and the said Water- 
^' ^' town turnpike may be laid out of the same width as they 

were originally laid out ; and the said towns and city shall 
not be liable in so doing for any land damages to any owner 
or abutter on said ways or turnpike ; and upon such laying 



1868.— Chapter 291. 211 

out and acceptance of the same, all tolls thereon shall be toiis to be ais- 
discontiiiued, and the property of the Commonwealth therein, '^°'^ '""'' ' 
excepting said cross-dam, shall become vested, severally, in 
the city and towns aforesaid. 

Section 2. Upon such laying out and acceptance of said b°J^orj°ma"e3 
roads and bridges as aforesaid, the said city and towns shall for defects "m 
severally be liable for damages which may be incurred liy '^°* ' 
reason of any defect in the same, within their respective 
limits, in the same manner, and to the same extent as cities 
aud towns are now liable, by law, for defects in town ways ; 
and the town of Watertown shall also assume the charge watertown to 
and maintenance of that portion of the Watertown turn- of turnpike.'^ 
pike lying within the territory heretofore ceded to the 
United States, and shall be liable, in the same manner and to 
the same extent aforesaid, for any defects therein, except as 
far as they may be controlled or prevented by the authority 
of the United States ; and the bridge over Charles River Bridge over 
shall be maintained with a sufficient draw therein for the mahu^LeTby 
convenient passage of vessels, and a suitable draw-tender *be Jf^gh'tM™''"'^ 
provided therefor, by and at the expense of said towns of 
Watertown and Brighton. 

Section 3. Whenever the governor shall be satisfied that ^po^ acceptance 
the aforesaid roads and bridges have been laid out and s50,ooo'^to"^ be 
accepted as town ways or highways as aforesaid, there shall t^ownsf ^™°°^ 
be paid to the towns of Watertown, Brighton and Brookline, 
the sum of fifty thousand dollars, to be divided as follows, to 
wit: to the town of Watertown, twenty thousand dollars, to 
the town of Brighton, fifteen thousand dollars, to the town 
of Brookline, fifteen thousand dollars. 

If the amount of tolls paid into the treasury of the Com- if toils do not 

1.1 1 ii • • V J.^ 1 i- c amount to »50,- 

monwcaltli under the provisions oi the second section oi ooo, amount re- 
chapter two hundred and one of the acts of the year one ^^'j^*^*! '« '>« paid 
thousand eight hundred and sixty-one, shall not amount to 
the sum of fifty thousand dollars at the time said roads and 
bridges are laid out and accepted by said towns as aforesaid, 
then tlie full amount of the tolls so paid into the treasury 
shall be paid to said towns, in the proportion aforesaid : and 
the tolls so received into the treasury from said roads, not 
exceeding the amount of fifty thousand dollars, are hereby 
appropriated for the purpose aforesaid. 

Section 4. If the city of Boston shall not lay out and ^f Boston does 
accept the portion of said road within its limits, excepting withrn'^one /e°ar, 
said cross-dam, within one year from the passage of this act, ^ay a°s ^ tho'if^h 
or within six months after the towns of Watertown, Brighton laid out by city. 
and Brookline have laid out and accepted the portions within 
their respective limits, then said roads so lying and being 



212 1868.— Chapter 292. 

within the limits of the city of Boston, shall be and become 
a public highway to all intents and purposes whatsoever, and 
th^ said city shall be liable therefor in the same manner and 
to the same extent as if the same had been laid out and 
accepted by said city, according to the provisions of the first 
section of this act. 
^^sMs of ran- SECTION 5. Notliiug in this act contained shall affect the 
aefecied. rights or duties of any railroad corporation having tracks 

upon said road : but the town ways and highways which may 
be located under the provisions hereof, may cross such rail- 
road tracks at grade, wherever grade crossings now exist 
thereon. 

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

Approved June 4, 1868. 

Chan. 292 -^^ ^^-^ giving the consent of the commonwealth to the 
■^' united states for the purchase of a certain tract of 

lowland on long island in boston harbor, and the flats 
thereto appurtenant. 
Be it enacted, ^"c, as follows : 
United States SECTION 1. Thc couscut of the Commonwealth is hereby 
w on^LiM^g granted to the United States to purchase a tract of lowland, 
uoa^ofmuitaTy situatcd ou Loug Islaud in Boston Harbor, said lowland 
works. being a narrow isthmus connecting the East Head of Long 

Island with the main or central portion of said island ; said 
isthmus belonging to T. J. Dunlmr and Peter Dunbar, 
trustees, comprising by estimation about ten acres, for the 
erection of military works for the defence of said harbor, 
for the erection of a sea-wall as a part of the system 
for the improvement of said harbor for commercial purposes 
and for the purpose of providing a landing place for con- 
venience in reaching the said East Head of Long Island ; 
and the consent of this Commonwealth is also hereby given 
to said United States to purchase, occupy and fill the flats 
appurtenant to said isthmus for the aforesaid objects, and to 
the extent of four hundred yards from low-water mark : 
concurrentjuris- provifJed, alw(i7/s, aud thc couseut aforesaid is grixnted upon 
with°u. s! ^'^'^ the express condition and reservation that this Common- 
wealth shall retain concurrent jurisdiction with the United 
States in and over the tract of lowland, to wit, the said 
isthmus, and the flats aforesaid for the service of all civil 
process and of such criminal processes as may issue under 
the authority of the Commonwealth against any person 
or person^ charged with crimes or offences against the laws 
of tliis Commonwealth, committed without the said tract of 
lowland, to wit, the said isthmus and flats, and that said 
civil and criminal processes may be executed thereon in the 



1868.— Chapter 293. • 213 

same way and manner, and with the same effect as if the 

consent aforesaid had not been granted. 

Section 2. If the agent or agents employed by the ifu. s.andown- 
TT • i .-^ 11 /» • 1 i i c 1 ers do not agree, 

United fetates and the owner or owners ot said tracts oi low- price maybe de- 
land, to wit, the said isthmus and flats, or their agent or iZf.'"''^ ^^ ^ 
attorney, cannot agree in the sale and purchase tliereof, the 
agent or agents of the United States may apply by petition 
to the superior court of the county of Suffolk, describing the 
aforesaid tract of lowland, to wit, the said isthmus and flats, 
for a valuation thereof by a jury ; and the said court, after 
due notice given to the said owner or owners, or their agent 
or attorney, arc hereby empowered and required to hear the 
parties and finally determine the value of the fee of the said 
tract of lowland, to wit, the said isthmus and flats, by a 
jury who shall l)e sworn faithfully and impartially to appraise 
and value the fee of said land ; and said jury shall be sum- jury to be sum- 
moned for that purpose by the sheriff of the county of 7s"uffol'k."''"'^ 
Suffolk or his deputy, and the value aforesaid having been' 
ascertained ]}y the verdict of said jury and the said verdict 
accepted and recorded by said court and the amount thereof 
paid or tendered to the said owner or owners or their agent 
or attorney, together with their reasonable costs and expenses 
to be taxed by sai'd court, or in case of their neglect or 
refusal to receive the same, the amount of said verdict, costs costs. 
and expenses having been paid into the treasury of this 
Commonwealth for their use and subject to their order, the 
title of said tract of lowland, to wit^ the said isthmus and 
flats shall be forever vested in fee simple in the United 
States : provided^ however^ that neither the United States nor u. s. not to take 
their agent or agents shall enter into or take possession of costs^^Tc," are 
said tract of lowland, to wit, the said isthmus or flats, nor p"^'"^- 
exercise any act of ownership thereon until the amount of 
said verdict and costs and expenses shall have been actually 
paid as aforesaid ; and provided^ also, that all the charges of ProTiso. 
said application and appraisement shall be paid by the 
United States. ^ 

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

Approved June 4, 1808. 



Chap. 293 



An Act giving the consent of the commonwealth to the 

UNITED states FOK THE PURCHASE OF LONG ISLAND HEAD AND 
THE FLATS THERETO APPURTENANT, SITUATED UPON LONG ISLAND, 
IN BOSTON HARBOR. >• 

Be it enacted^ §'c., as folloios : \ 

Section 1. The consent of this Commonwealth is hereby united states 
granted to the United States to purchase a tract of upland Z7<i V^^'^hml 
situated on Long Island, in Boston Harbor, and known as the JsianJfirmiii- 

~ ' . ' , tary works and 

East Head of Long Island, belonging to James 1. Austin sea-waii. 



214 ' 1868.— Chapter 293. 

and Loring H, Austin, comprising, by estimation, about 
twenty-four acres, for the erection of military worlds for the 
defence of said harbor, and for the erection of a sea-wall as 
a part of the system for the improvement of said liarbor for 
couQuiercial purposes, and to purchase, occupy and fill the 
. flats appurtenant to said tract, for the aforesaid objects, and 
to the extent of four liundred yards from low-water mark : 
Concurrent juris- providcd, alwciijs^ aud tlic couseut aforesaid is granted, iipon 
w'ith°u. s. "^'^ the express condition and reservation that this Common- 
wealth shall retain concurrent jurisdiction with the United 
States in and over the tract of upland and the flats afore- 
said, for the service of all civil process and of such crimi- 
nal processes as may issue under the authority of the 
Commonwealth against any person or persons charged with 
crimes or offences against the laws of this Commonwealth, 
committed without the said tract of upland and flats, and 
that said civil and criminal processes may be executed 
thereon in the same way and manner and with the same 
effect as if the consent aforesaid had not been granted. 
If U.S. and own- SECTION 2. If thc agcufe or aQ;ents employed by the 

ers do not agree, .,-, ,,~ ~ i^ J 

price may be fixed United Statcs aud tlic owucr or owners of said' tract of 
^■'""^^' upland and flats, or their agent or attorney, cannot agree 

in the sale and purchase tliereof, the agent or agents of the 
United States may apply by petition to the superior court 
of the county of Suffolk, describing the aforesaid tract of 
upland and fiats, for a valuation thereof by a jury ;'and the 
said court, after due notice given to the said owner or 
owners, or their agent or attorney, are hereby empowered 
and required to hear the parties and finally determine the 
value of the fee of the said tract of upland and flats by a 
jury, who shall be sworn faithfully and impartially to 

juryto be sum- aopraise and value the fee of said land ; and said iury shall 

1110136(1 Dv snsriu ' ^ •■ •/ 

of Suffolk. be summoned for that purpose by the sheriff of the county 

of Sulfolk, or his deputy, and the value aforesaid having 
been ascertained by the verdict of said jury, and the said 
said verdict accepted and recorded by said court, and the 
amount thereof paid or tendered to the said owner or 
owners, or their agent or attorney, together with their 
reasonable costs and expenses, to be taxed by said court, or 
in case of their neglect or refusal to receive the same, the 

Costs. amount of said verdict, costs and expenses having been paid 

int^ the treasury of this Commonwealth for their use and 
subject to their order, the title of said tract of upland and 
flats shall be forever vested in fee simple in the United 

u. s. not to take Statcs : provided, however, that neither the United States 

posses.sion until ' ' in • i 

co^ts, &c., are nor tlicir agcut or agents shall enter nito or take possession 
^'"'^' of said tract of upland or flats, nor exercise any act of 



1868.— Chapters 294, 295. 215 

ownership thereon until the amount of said verdict and 
costs and expenses shall have been actually paid as aforesaid ; 
and provided, also, that all the charges of said ap})lication Proviso, 
and appraisement shall be paid by the United States. 

Section 3. The three hundred and fourteenth chapter Repeal. 
of the acts of .the ^ear eighteen hundred and sixty-seven is 
hereby repealed. 

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

Approved June 4, 1868. 

An Act relating to deeufield river bridge. Chan '^94 

Be it enacted, ^•c, as follows : 

Section 1. The bridge over Deerfield River in the town to be laia out as 
of Deerfield, belonging to the Proprietors of Deerfield River '^'stway. 
Bridge, is hereby laid out as a public highway ; and the 
collection of tolls thereon shall cease on the fourteenth day 
of November nest. 

Section 2. The said bridge shall be maintained and kept to te kept in re- 
in repair by the town of Deerfield. ' P-^^yi^-fieid. 

Section 3, Nothing in this act contained shall be con- proprietors to 
strued to release the Proprietors of Deerfield River Bridge uX'SoT.'h"" 
from their liability to keep the said bridge in good, safe and i^es. 
passable repair up to the said fourteenth day of November 
next; and if the said bridge shall not be in such repair on s. j.c.maycom- 
said 'date, an information shall be filed in the supreme mt/e?'"'^* '° ''* 
judicial court in behalf of the Commonwealth by the 
attorney-general, at the relation of the selectmen of Deer- 
field, against said corporation and its officers, to compel said 
corporation to put the said bridge in good, safe and passable 
rejdair. And full power and authority is hereby given to 
said court, as a court of chancery, to hear and determine 
said cause, and to make and enforce all necessary orders 
and decrees therein. 

Section 4. This act shall take effect on the fourteenth when to take 
day of November next. Approved June 4, 1868. 

An Act to authorize the mechanics' mills to construct a r'h^^-, '>Q^ 

WHARF in fall RIVER. ty/i«/>. ZVO 

Be it enacted, Sfc, as folloxos: 

Section 1. License is hereby given to the Mechanics' Mechanics' nwu 
Mills to construct and extend a wharf from a lot of land inFaii luVer. ''^ 
now owned by said corporation in the city of Fall River ; 
said wharf not to exceed the width of said lot of land, and 
not to extend beyond the channel of the river : provided, subject to ap- 
that all things done under this act shall be subject to the commis'siouers'!'^ 
determination and approval of the board of harbor commis- 
sioners, as provided by section four of chapter one hundred 



216 1868.— Chapters 296, 297. 

Provisos. and forty-nine of the acts of the year eighteen hundred and 

sixty-six ; and provided, that this license shall in no wise 
impair the legal rights of any person ; Midi provided, further^ 
that this license may be revoked at any time, and sliall 
expire at the end of five years from its taking effect, except 
so far as valuable structures may have been actufJlly and in 
good faith built under the same. 

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

Approved June 4, 1868. 

Chap. 296 ^^ ^^"^ '^^ incorporate the JOHN RUSSELL MANUFACTURING 
"' COMPANY. 

Be it enacted, §'c., as follows : 

Corporators. SECTION 1. Johu Russell, Matthcw Chapman, Cliarlcs W. 

Russell, their associates and successors, are hereby made a 

Name and pur- corporatlou by the name of the Joim Russell Manufacturing 

^°^^' Company, for the purpose of manufacturing cutlery and 

hardware in Deerfield, or any other town in the county of 

Powers and du- Fraukliu ; and for this purpose shall have all tlie powers and 
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. 

^eaiestate, SECTION 2. Said Corporation may hold for the purpose 

aforesaid, real estate necessary and convenient for its 
business, to an amount not exceeding three hundred thou- 

capitai stock and saud dollars; and the whole capital stock shall not exceed 
six hundred thousand dollars, divided into shares of one 

Proviso. hundred dollars each : provided, hoivever, that said corpo- 

ration shall not go into operation until one hundred and 
twenty-five thousand dollars of its capital stock is paid in in 
cash. 

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

Approved June ^, 1868. 

Chap. 297 ^^ -^^^ authorizing the salk of parsonage lands in the 
' ' town of hull. 

Be it enacted, ^'c, as follows : 
Parsonage lands SECTION 1. Tlic lauds Iving wlthiu thc liuiits of the town 
sold. of Hull, known as and called the parsonage lands, may be 

sold and conveyed in fee simple in the manner hereinafter 
provided. 
madeTo"°ud*° ^f SECTION 2. If at any legal town meeting, the citizens of 
probate for leave Hull shall SO votc, tlio Selectmen or any otlier person or 
persons authorized by the town so to do, may apply to the 
judge of probate for the county of Plymouth, for leave to 
sell said lands ; the said judge of probate shall upon such 
notice as he may deem necessary, order the-, lands aforesaid 



1868.— Chapters 298, 299. 217 

to be sold at public or private sale, at such time and upon 
such terms as he may determine, and by such person or 
persons as he may appoint. 

Section 3. The judge of probate aforesaid shall appoint J^argrof' "ITro! 
three persons, two at least of whom shall be citizens of the ceedsof sale. 
town of Hull, to act as trustees of the proceeds resulting 
from such sale, who shall receive the said proceeds, and 
invest the same under the direction of the judge aforesaid, 
and hold the same for the purposes and uses for which the 
aforesaid lands were held and could be applied. 

Approved June 4, 1868. 

An Act authorizing the lynn aqueduct company to issue Q/ki^) 298 

bonds, and for other purposes. ^ ' 

Be it e7iacted, §'c., as follows : 

Section 1. The Lynn Aqueduct Company is hereby May issue bonds 
authorized, for the purpose of aiding in the construction of mortgage!"^* ^ 
its wo'rks, to issue bonds or other obligations to an amount 
not exceeding four hundred thousand dollars, and at a rate 
of interest not exceeding seven per centum per annum, and 
to secure said bonds or other obligations by a mortgage upon 
its franchise -and property. 

Section 2. Said company is hereby authorized, with the May extend pipes 
written consent of the selectmen of the town of Swampscott, with con™euT°of 
to extend its pipes into said town, and with such consent to selectmen, 
dig up and open any street or way in said town for the 
placing such pipes as may be necessary for the construction of 
that portion of its aqueduct, and of repairing the same : 
provided, the same shall be done in such manner as not to Proviso. 
prevent the convenient passing of teams and carriages. 

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

Approved June 4, 1 868. 
An Act reducing the capital stock of the Northampton, QJid^^ 299 

HADLEY AND AMHERST STREET RAILWAY COMPANY. -* " 

Be it enacted, ^'c, as follows : 

Section 1. The act incorporating the Northampton, capital stoci^re- 
Hadley and Amherst Street Railway Company is hereby so ooo. ' ' 

amended that the capital stock of said company shall not 
exceed the sum of seventy-five thousand dollars. 

Section 2. The act empowering the town of Hadley to Majority of voters 
take stock in the said street railway company, is so amended 'autiiorize^aklng 
that a majority of voters present and voting thereon n^ay **°'''^' *"'• 
vote to make such subscription : provided, that the total Proviso. 
amount of such subscription shall not exceed one-half of one 
per centum of the valuation of the said town. 
35 



218 



1868.— Chapter 300. 



Time for build- 
ing, &c., ex- 
tended. 



Chap. 300 

Corporators. 



Name and pur- 
pose. 



Powers and du- 
ties. 



May take water 
from the springs, 
ponds and brooks 
in Great Barring- 
ton. 



May take land. 



To file description 
ofland in registry 
of deeds. 



May build aque- 
ducts. 



May erect dams 
and reservoirs, 
&c. 



Section B. Tlie time for building and putting in opera- 
tion some portion of the said railway is hereby extended one 
year. Approved June 4, 1868. 

An Act to incorporate the great barrington water company. 

Be it enacted, Sfc, as follows : 

Section 1. Asa C. Russell, Seth Norton, Justin Dewey, 
junior, their associates and successors, are hereby made a 
corporation by the name of the Great Barrington Water 
Company, for the purpose of supplying tlie inhabitants of 
the tillage of Great Barrington with good water ; 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 such corporations. 

Section 2, Said corporation may take, hold and convey 
to, into and through the village of Great Barrington, -th^ 
water of any spring or springs, or of any natural pond or 
ponds, brook or brooks within said town of Great Barring- 
ton ; and said corporation may also take and hold, by pur- 
chase or otherwise, any real estate necessary for laying and 
maintaining aqueducts for conducting, discharging and dis- 
tributing water, and for forming reservoirs ; and may take 
and hold any land in or around any such pond, spring or 
brook, so far as may be necessary for the preservation and 
purity of the same. Said corporation shall, within sixty 
days from the time of taking any such land, spring or springs, 
pond or ponds, brook or brooks, file, in the office of the regis- 
try of deeds in the southern district of the county of Berk- 
shire, a description of the lands, spring or springs, pond or 
ponds, brook or brooks so taken, as certain as is required in 
a conveyance of land, and a statement of the purpose for 
which it is taken, signed by the president of the corporation. 

Section 3. Said corporation may make and build one or 
more permanent aqueducts, from any of the sources before 
mentioned, into and through said village, and have and main- 
tain the same by any works suitable therefor ; may erect and 
maintain dams to raise and retain the waters therein ; may 
make and maintain reservoirs within and without said vil- 
lage ; may make and establish public fountains and hydrants 
in such places as it may, from time to time, deem proper, 
and prescribe the purposes for which they may be used, and 
may change or discontinue the same ; may distribute the 
water throughout the village ; may regulate the use of said 
water and establish the prices or rents therefor. And the 
said corporation may, for the purposes aforesaid, carry and 



1868.— Chapter 301. 219 

conduct any aqueducts or other works, by it to be made and 
constructed, over or under any water-course, street, turnpike, 
road, railroad, highway, or other way, in such manner as to 
cause the least possible hindrance to the travel thereon, and 
may enter upon and dig up any such road, street or other 
way, for the purpose of laying down pipes beneath the sur- May lay pipes un- 
face thereof, and for maintaining and repairing the same : ''"^ ' ' 
provided, that in excavating for the purpose of laying the Proviso, 
pipes and repairing the same, the work shall be done under 
the direction of the selectmen of the town of Great Barring- 
ton. 

Section 4. Said corporation shall be liable to pay all shaiipaydam- 

I , , . ages lor lana, 

damages that shall be sustained by any persons in their prop- &c., taken. 
erty by the taking of any land, water or water rights, or by 
constructing any aqueducts, reservoirs or other works, for 
the purposes specified in this act ; and if any person who 
shall sustain damage as aforesaid cannot agree with said cor- 
poration upon the amount of said damage, the same shall be 
ascertained, determined and recovered in the manner now 
provided by law, in case of land taken for highways. 

Section 5. Said corporation may hold real and personal ^^f^^^^^ person- 
estate necessary and convenient for the purposes aforesaid ; 
and its whole capital stock shall not exceed thirty thousand 
dollars, which shall be divided into shares of one hundred 
dollars each. And no pecuniary liability shall be assumed capital stock and 
by said corporation until one-quarter part of its capital stock 
has actually been paid in in cash. 

Section 6. Any person who shall maliciously divert the penalties for ma- 
water, or any part thereof of the sources which shall be taken |ng°the^^a^4To'r 
by the said corporation pursuant to the provisions of this act, ^°^^p"°s tiie 
or who shall maliciously corrupt the same or render it im- 
pure, 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 actual damages 
to the said corporation, to be recovered in action of tort ; 
and every such person, upon conviction of either of the mali- 
cious acts aforesaid, shall be punished by fine not exceeding 
one hundred dollars, or imprisonment not exceeding three 
years. 

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

Approved June 4, 1868. 
An Act to amknd "an act to incorporate the trustees of Qhnj) 301 

THE poor's fund IN THE TOWN OF CHARLESTOWN." ' * 

Be it enacted, §'c., as follows: 

Chapter forty of the acts of the year eighteen hundred ^^o^^^lJakl<x' 
and twenty-five is hereby amended by striking out from the 



220 1868.— Chapter 302. 

third section of said chapter, the words " provided^ however, 
tliat the annual income of said fund shall not exceed the 
sum of two thousand dollars." Approved June 4, 1868. 

Chap. f302 -^^ ^^'^ ^^ ADDITION TO AX ACT FOR SUPPLYING THK CITY OF 
' SALEM WITH PURE WATER. 

Be it enacted^ §'c., an follows: 

How pipes of Section 1. Whenever any exigency shall arise in which 

aqueduct com- • -t ■\^ i . "^ , ^ "^ . e> 

pany may be it shall Dccome ncccssary, m the proper construction of the 
cu , ispace , grj^j^j^^ watcr works, at any particular place, to cut, remove 
or displace any pipe or pipes of the Salem and Danvers 
Aqueduct Company, application may be made to said com- 
pany, tlirougli its superintendent, for permission to make 
such cutting', removal or displacement, accompanied with a 
specific description of what is proposed to be done, to which 
application an answer shall be returned by said company 
Engineer of Bos- withiu thrcc days : and in case of a refusal of permission, or 
to'decid" ^°'^ ^ in casc no answer shall be returned within said three days, 
application may be made to the engineer of the Boston water 
works, for the time being, who after three days' notice to 
, said Salem and Danvers Aqueduct Company, shall hear the 

parties and determine whether any and what change in the 
pipe or pipes of said ^^alem and Danvers Aqueduct Company 
at that place ought reasonably to be made : and the city of 
Salem is hereby authorized to make the change directed by 
said engineer ; which direction shall be in writing signed by 
Record to be Said engineer, rccordcd upon the records of the city water 
"*****■ works, and a duplicate original delivered to the superintend- 

ent of the Salem and Danvers Aqueduct Company at the 
same time that this direction is made known to said city, 
compeusation of SECTION 2. Said engineer shall be allowed a reasonable 
whom to'be paid, compcnsatiou per day and his expenses, to be paid by said 
city of Salem ; and in case the course prescribed by him 
shall be the same as that asked for, in behalf of the said 
Salem water works, and the consent of said Salem and 
Danvers Aqueduct Company was unreasonably refused, said 
compensation and expenses may be recovered of the said 
Salem and Danvers Aqueduct Company, by the* said city of 
Salem. 
Damages to aque- SECTION 3. Said city sliall bc Hablc to pay all damages 
be paid by city." sustalucd by thc said aqueduct company, and if not agreed 
upon by the ])arties, shall be assessed and awarded l)y.the 
said engineer ; and in case said company shall be dissatisfied 
with said award, it may have said damages assessed and paid 
in the same manner as is provided by law with respect to 
land taken for highways. 



1868.— Chapters 303, 304. 221 

Section 4, Nothing in this act shall be construed to give Preference of lo- 
an}' preference of location or otherwise to the city of Salem gtveiTto the city, 
over the Salem and Danvers Aqueduct, and in no case is the *'"■ 
said engineer authorized to order to be cut, removed or 
displaced any pipes of the said Salem and Danvers Aqueduct 
Company, except when by reason of natural or artificial 
obstructions, the pipes of the said city cannot otherwise (at 
reasonable labor and expense) be laid: and in no case shall 
any pipe be so cut, displaced or removed in such manner as 
to prevent the free flow of water to any consumer of the 
Salem and Danvers Aqueduct Company for a longer space 
than twenty-foiir hours. 

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

Approved June 4, 1868. 

Ax Act concerning the agawam bridge company. Chnn Sd 

Be it enacted, ^"c, as follows : 

Section 1. Chanter two hundred and seventy-four, of Jimeforbuiiding 

. Dridsc extended. 

the acts of the year eighteen hundred and fifty-six, incor- 
porating the Agawam Bridge Company, and chapters thirty- 
eight of the acts of the year eighteen hundred and sixty-one, 
and one hundred and sixty-four of the acts of the year 
eighteen hundred and sixty-fouj?, which extend the time for 
building the bridge by said corporation, are hereby revived ; 
and the time within which said corporation is required to 
build and finish said bridge, is further extended to the first 
day of May, in the year eighteen hundred and seventy-one.. 
Section 2. This act shall take effect upon its passage. 

Approved June 4, 1868. 



Ax Act to enable the city of newburyport and the towns 

OF AMESBURY AND SALISBURY, TO TAKE. STOCK IN THE NEWBURY- 



Chap. 304 

PORT AND AMESBURY HORSE RAILROAD COMPANY. 

Be it enacted, §'c., as folloios : 

Section 1. The city of Newburyport, is hereby author- Newburyport, 
ized to subscribe for and hold shares in the capital stock of saTisbur^may 
the Newburyport and Araesbury Horse Railroad Company, jiorseRaifrdd 
to' an amount not exceeding twenty thousand dollars, and co. 
the towns of Amesbury and Salisbury each the sum of five 
thousand dollars, and to pay for the same out of the treasury 
of the said city and towns respectively, and to hold the same 
as city and town property, subject to the disposition of the 
said city and tow^is respectively, for public purposes, in like 
manner as any other property which they may possess : pro- Proviso. 
vidcd, that two-thirds of the legal voters of said city and 
towns respectively, who may be present, and voting thereon, 
shall vote so to do, at legal meetings called for tliat purpose 



222 1868.— Chapter 305. 

by the mayor and aldermen of said city, and the selectmen 
of said towns respectively, within sixty days from the 
passage of this act. 
May raise money SECTION 2. Said city and towns respectively, are hereby 
y oaaor as. g^^^^j^Qj.i2ed to raisc by loan or tax, any sum of money which 
shall be required to pay tlicir instalments on their subscrip- 
tion to said stock and tlie interest thereon. 
City and towns to SECTION 3. The Said city of Newburyport by its mayor 
meetings of cor- aiid trcasurcr, for the time being, and the selectmen of the 
poration. towns of Amcsbury and Salisbury, respectively, for the time 

being, shall subscribe in behalf of the said city and towns for 
such number of shares in the capital stock of said company, 
as shall be voted by said city and towns respectively, and 
said mayor and treasurer and said selectmen, respectively, 
are hereby authorized to cast the vote of their said city and 
towns, in the choice of directors of said road, and to appear 
and act in behalf of said city and towns, in the transaction 
of any business of said road, so long as said city or towns 
or either of them, shall hold shares in said corporation. 
Section 4. This act shall take effect upon its passage. 

Approved June 4, 1868. 



Chap. 305 



An Act to authorize the tc^wn of conway to subscribe for 
and hold stock in the northampton and shelburne falls 
railroad company. 
Be it enacted, tVt'., as folloios : 
Conway may, by SECTION 1. The towu of Couway is hereby authorized 
ItSn°rIi'i'rold^ (whcu SO votiug) at a legal town meeting, duly called for 
that purpose, to subscribe for and hold shares in the capital 
stock of said company, to an amount not exceeding five per 
centum of the assessed valuation of said town : and said town 
may pay for such shares so voted to be taken, out of its treas- 
May raise money ury, and is hereby authorized to raise by loan upon bonds, 
by loan or tax. ^^ ^^^ ^j, otherwise, any or all sums of money which may be 
necessary to pay for the same, and may hold and dispose of 
the same like other town property. 
Selectmen to rep- SECTION 2. Thc sclcctmen of the towu of Coiiway shall 
meet°nK3°of°cor- liavc authorlty to represent said town at any and all meet- 
poration. j^^gg ^f ^jjg ^^\^ Northampton and Shelburne Falls Railroad 

Company ; and said town, so represented, is hereby author 
ized to vote on the whole amount of the stock held by said 
town, anything in thc sixty-third chapter of the General Stat- 
utes to the contrary notwithstanding. 

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

Approved June 4, 1868. 



proval of harbor 
commissioQei'S. 



1868.— Chapters 306, 307, 308. 223 

Ax Act to authorize OTIS SHEPARD to construct a wharf in Qhriy^ QQg 
DORCHESTER. -i^' 

Be it enacted, tVc, as follows : 

Section 1. License is hereby given to Otis Shepard, to May extend 
widen and extend liis present wharf and to build another Dorcheste'" 
wharf contiguous thereto, from his own land in the town of 
Dorchester ; said wharves not to exceed the width of said 
land, and not to extend beyond such line as the harbor com- 
missioners may designate : provided, that all things done subject to ap 
under this act shall be subject to the determination and """"''" 
approval of the 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, Proviso, 
that this license shall in no wise impair the legal rights of 
any person ; and provided, further, that this license may be 
revoked at any time, and shall expire at the end pi five years 
from its taking effect, except so far as valuable structures may 
have been actually and in good faith built under the same. 

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

Approved June 4, 1868. 

An Act to incorporate the young men's christian association 

of worcester. 
Be it enacted., §'c., as follows: 

Section 1. Philip L. Moen, Lucius W. Pond, John Q. corporators. 
Adams, their associates and successors, are hereby made a 
corporation by the name of "The Youirg Men's Christian Name and pur- 
Association of Worcester," in the city, of Worcester, for the ^°^^" 
purpose of improving the spiritual and mental condition of 
the young ; with all the powers and privileges, and subject Powers and du- 
to all the duties, liabilities and restrictions set forth in all 
general laws which now are or may hereafter be in force and 
applicable to such corporations. 

Section 2. Said corporation may hold real and personal Reai and personal 

6Sta.t6 

estate to an amount not exceeding one hundred thousand 
dollars. 

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

Approved June 4, 1868. 

An Act in relation to the election and duties of overseers /^i^„ *^nfi 
OF the poor of the city of LYNN. K^nup . OUO 

Be it enacted, ^"c, as follows : 

Section 1. The overseers of the poor of the city of Lynn six overseers of 

shall consist of six persons, residents of said city, and shall be "^^p°°''- 

elected by concurrent vote, in the month of January in each 

year, in the following manner. Two persons to hold their Terms of oface. 

office until the first Monday of February in the year eighteen 



Chap. 307 



22i 



1868.— Chapter 309. 



Vacancies, how 
filled. 



Removals from 
office. 



Organization of 
board. 



Reports to be 
made to city 
council. 



Present board to 
hold office until, 
&c. 



Repeal. 



When to take 
effect. 



Imiiclrcd and seventy ; two persons to liold their office until 
the first Monday of February in the year eighteen hundred 
and seventy-one ; and two persons to hold their office until 
the first Monday of February in the year eighteen hun- 
dred and seventy-two ; and thereafterwards. annually in the 
month of January two persons to hold their office, for the 
term of three years from the first Monday in February next 
following such elections respectively. And each of said 
persons shall hold his office until another is chosen and 
qualified in his place. 

Section 2. Vacancies occurring in said board of over- 
seers from any cause, shall be filled by said city council, in 
like manner, at any time ; and the person elected to fill any 
vacancy shall hold his office during the term for which his 
predecessor was elected. The city council shall also have 
power at aay time for sufficient cause to remove either of 
said overseers from office. 

Section 3. The persons elected as overseers of the poor 
as aforesaid, shall meet and organize on the first Monday of 
February in each year. They shall choose a chairman from 
their own number, a treasurer, secretary, visitor and such 
other officers as may be authorized or required by any ordi- 
nance of the city in relation thereto ; shall define their duties 
and fix their, salaries, sul)ject to the approval of the city 
council. 

Section 4. Said overseers shall render such accounts and 
reports of their expenditures, acts and doings* as may be re- 
quired by the city council, and the same shall be audited, 
and allowed, if according to law, in such manner as the city 
council shall from time to time determine. 

Section 5. The present members of the board of over- 
seers shall hold their office until others are elected and qual- 
ified in their places under the provisions of this act. 

Section 6. All acts and parts of acts inconsistent with 
the provisions of this act are hereby repealed. 

Section 7. This act shaljl take effect on the first day of 

December next. Approved June 4, 1868. 



Chap. 309 



Salem Turnpike 
and Chelsea 
Bridge laid out 
as public high- 
way. 



An Act concerning the salem turnpike and ciielsea bridge 

and the several toll-bridges in essex county. 
Be it enacted, ^'c, as follotvs : 

Section 1. The turnpike, way, bridges, draws and piers 
belonging to the Salem Turnpike and Chelsea Bridge Cor- 
poration, and lying in the cities of Salem, Lynn, Chelsea and 
Charlestown, and the towns of Saugus and North Chelsea, 
are hereby laid out as and shall become a public highway 



186S.— Chapter 309. 225 

upon the acceptance of the award of the commissioners, here- 
inafter named, in the snpreme judicial court, and judgment 
thereon. 

Section 2. Upon the same becomino; a hiehwav as afore- somuchof tum- 

t^ ^ IT pike as lies in any 

said, so much of said turnpike and way, excluding the town to be main. 
abutments, bridges, draws and piers, as lies in each of the ''''"^'^ ''> "-^ 
said cities and towns shall be maintained by them respec- 
tively ; and said cities and towns shall collect and receive 
from the Lynn and Boston Railroad Company, such propor- 
tion of the expense of maintaining said turnpike and way as 
shall be due from said company under the provisions of this 
act, and if in the opinion of the commissioners, anv city or Burden of main- 

.11, -I 11 . •,• • taining way to be 

town will have an undue burden cast upon it, in main- equalized, 
taining its portion of the turnpike passing through it, they 
shall determine and decree what sum in gross shall be paid 
to such city or town, and by what cities or towns in the 
counties of Essex and Suffolk, or whether either of said 
counties shall contribute to said sum, and in what propor- 
tions, as a final adjustment of expense and benefit. 

Section 3. The supreme judicial court, or any justice commissioners 
thereof, upon application of said Salem Turnpike and Chel- to award damage 
sea Bridge Corporation, Maiden Bridge Proprietors, or of the Turnpike'' *°aud 
Lynn and Boston Railroad Company, or of ten legal voters i?"'1k« corpora- 
of either of the counties of Essex, Middlesex or Suffolk, 
shall appoint a board of commissioners consisting of one 
from each of the counties of Essex, Suffolk and Middlesex ; 
and said commissioners, after having been sworn to the 
faithful and impartial discharge of their duties, shall, after 
due notice to all parties interested and a hearing, determine 
and award the amount to be paid to said Salem Turnpike 
and Chelsea Bridge Corporation, and Maiden Bridge Pro- 
prietors, as damages for the laying out of said turnpike, 
way, bridges, draws and piers, and shall determine what -to determine 
proportions of said amount shall be paid by the counties 7o \r"pahi^'hy 
of Essex and Suffolk respectively, and by the respective fndMiddies"es?"^ 
cities and towns in the county of Middlesex which are 
benefited by the provisions of the first section of this act. 
Said comqiissioners shall also determine and decree what 
cities and towns in the counties of Essex, Middlesex and 
Suffolk are benefited by the provisions of the first section 
of this act, and in what proportions and manner said cities 
and towns and said Lynn and Boston Railroad Company 
shall defray the expenses of the maintenance and repairs of 
said abutments, bridges, draws and piers, and all other 
expenses properly incurred under the provisions of this act 
not otherwise provided for therein. Said commissioners 

36 



226 



1868.— Chapter 809. 



Who shall main- 
taio and repair 
bridges, draws, 
way, &c. 



Decree to be made 
and reported to 
S. J.C.and coun- 
ties and towns. 



Eight of appeal 
to u jury. 



Fees and ex- 
penses. 



lligbt of appeal 
to jury as in 
case of laying 
out highways. 



Damages and 

costs. 



County commis- 
sioners of Essex 
and Middlesex to 
act jointly if com- 
missioners are 
not appointed. 



■When become 
hiirliway, care 
olbiidges, &c., 
tu devolve upon 
selectmen, &c. 



shall also determine and decree what proportion of the 
expense of the maintenance of the said tnrnpike and way, 
excluding said abutments, bridges, draws and piers, sliall be 
defrayed by the said Lynn and Boston Railroad Company ; 
and their determination and decree, or that of the major of 
them, shall be made in writing and reported to the supreme 
judicial court, the chairman of the boards of county com- 
missioners for the counties o*f Essex and Middlesex, the 
mayor and aldermen and the selectmen of each of the cities 
and towns which shall be decreed by said court to pay as 
aforesaid, and the clerks of each of said corporations, and 
shall be binding upon said counties, cities and towns and 
corporations, unless said Salem Turnpike and Chelsea Bridge 
Corporation or Maiden Bridge Proprietors sliall appeal to a 
jury from the award of said commissioners ; and if said cor- 
porations or either of them shall not appeal to a jury within 
sixty days after receiving the award of said commissioners as 
aforesaid, then the award and decree of said commissioners 
shall be absolutely binding upon all the parties interested, 
when the same shall have been accepted and judgment entered 
thereon by tlie supreme judicial court. The just fees and 
expenses of said commissioners shall be paid by such of the 
parties interested as the said commissioners shall decree. 

Section 4. Said Salem Turnpike and Chelsea Bridge 
Corporation and Maiden Bridge Proprietors may appeal to a 
jury from the award of said commissioners in the same man- 
ner, except that the time within which an appeal may be 
entered shall be limited to sixty days as aforesaid, and sub- 
ject to the same liability in regard to costs as is provided by 
law in the case of laying out highways, except that the 
application for such jury shall be made to and acted upon by 
the commissioners of the county of Essex, and said jury 
may award a different sum as damages to said corporations, 
and all damages and costs awarded and incurred under this 
section shall be paid by said counties, cities and towns in 
the proportions specified by said board of commissioners 
appointed under the provisions of the third section of this 
act. 

Section 5. If no commissioners shall be appointed under 
the provisions of the third section of this act, the commis- 
sioners of the counties of Essex and Middlesex, jointly, may 
exercise all the powers conferred on the special commission- 
ers by this act. 

Section 6. Upon the same becoming a highway as afore- 
said, the care and superintendence of said abutments, bridges, 
draws and piers shall devolve upon the mayors and aldermen 



1868.— Chapter 310. 227 

and selectmen of the respective cities and towns in which the 
same shall lie, and they shall collect and receive from the 
parties liahle therefor their respective shares of the expense 
of maintaining the same. 

Section 7. Liability for defects in said abutments, bridges, Liability for de- 
draws and piers shall exist on the part of the cities and &c.^'° " ^'^^' 
towns wherein they respectively lie, in like manner as in 
case of defects in town ways ; and the damages and costs 
which may be recovered on account of such defects, shall be 
paid by such cities and towns as said commissioners shall 
decree, and by said railroad company, in the same manner 
and in the same proportions as they shall severally be 
required to contribute for the repairs and maintenance 
thereof. 

Section 8. The county commissioners of the county of ^^^^^^ J" ^.^^j^?^ 
Essex shall, within sixty days after the passage of this act, outas'uighways: 
lay out as and for liigliways the several bridges over the 
Merrimack River, known as Andover Bridge and Lawrence Andover Bnd-e. 
Bridge in tlie city of Lawrence ; Haverliill Bridge, between liaverhui Bridge! 
the towns of Haverhill and Bradford ; Rock's Bridge, between Rock's Bridge, 
the towns of West Newbury and Haverhill ; Essex Merri- ^;^^^g^^'=™™'^'='' 
mack Bridge, between the town of Salisbury and the city of 
Newburyport ; Newburyport Bridge, between the town of J!;:^"^^'"'' 
Salisljury and tlie city of Newburyport; also the Essex Essex Bridge. 
Bridge over North River, between the town of Beverly and 
the city of Salem ; in the manner now provided by law for 
the laying out of highways, and according to the provisions 
of chapter two hundred and ninety-six of the acts of the 
year eighteen hundred and sixty-seven, so far as the same 
are applicable. Tlie said commissioners shall also deter- commissioners to 
mine and decree wdiat proportion of the amount of damages porHoVshairbe 
sustained by the proprietors of said l)ridges, or of either or ty'auo^townT.""" 
any of them, by such laying out, shall be paid respectively 
by the county of Essex and by the several cities and towns 
which the said commissioners shall determine are benefited 
by such laying out. 

Section 9. This act shall take effect upon its passage. 

Approved June 5, 1868. 
An Act in relation to the stock and dividends of kailro ad, r<f,fj^ SIO 

TELKGKAPn, AND GAS LIGHT'COMPANIES. ■^' 

Be it enacied, ^'c, as follows : 

Section 1. No railroad corporation, telegraph or gas light Railroad, teie- 
company, chartered under the laws of this Commonwealth, companies not^to 
shall hereafter declare any stock dividend, or divide the pro- "^^^^ fcT'iuuIss 
ceeds of the sale of stock among its stockholders, nor shall t'le par value of 

, , . , 1 i • J • 1 ,1 • shares is paid ia 

such corporation create any additional new stock, or issue cash. 



228 1868.— Chapter 311. 

certificates thereof to any person whatever, unless the par 
value of the shares so issued is first paid in cash to the treas- 
urer of said corporation. 
Certificates Toid SECTION 2. All ccrtificatcs of stock issued in violation of 
latio'r'^ '" "°" the provisions of this act, shall be void ; and tlie directors of 
Penalty on nuj sucli corporatiou issuing the same shall be liable to a 
directors. penalty ^f oue thousand dollars each, to the use of the Com- 

monwealth, to be recovered by indictment in any county 
ProTiso. wliere any of said directors reside : provided, that if any such 

director shall prove that previous to such issue he filed his 
dissent in writing thereto with the clerk of said corporation, 
or was absent, and at no time voted therefor, he shall not be 
liable for the same. 
Repeal. SECTION o. All acts and parts of acts inconsistent with the 

provisions of this act, are hereby repealed. 

Approved June 5, 1868. 

Chan 311 ^^ ^^^ ^^ addition to an act to regulate the sale of intoxi- 

^ ' GATING LIQUORS. 

Be it enacted, Sj'c, as follows : 
Election required SECTION 1. Tlic elcctiou Tcquircd by section three of 
Acts'^of 1868, held chai)ter one hundred and forty-one of the acts of the year 
inJune. eighteen hundred and sixty-eight, entitled an act to regulate 

the sale of intoxicating liquors, to be held on the third Tues- 
day of May, shall be held on any day in the month of June 
of the current year, anything in said act to the contrary not- 
withstanding. 
County commis- SECTION li. The couuty commissiouers of the several 
s'sad^ywhen^er. couutics sliall rcccive in addition to their present salaries at 
gaged as license j^|jq pg^^g ^f thrcc doUars pcr day, for each and every day 

commissioners. i .■:' . ^ •' •' 

when engaged as license commissioners under said chapter 

one hundred and forty-one of said acts of the current year, 

to be paid from the county treasury. 
Repeal. SECTION 8. Tiic sixth scctioii of the act referred to in the 

first section of this act is hereby amended by striking out 

"third Monday of May" and inserting "any day in the 

month of June of the current year." 
Repeal. SECTION 4. The fourth clause of the fourth section of the 

act referred to in the first section of this act is hereby re- 
License for saie of pealed : proi'ided, however, that licenses may be granted 
dru'i!k*"'o'a^°the for thc salc of beer, ale, porter and cider, to 1)6 drunk on the 
premises. premiscs, for which a fee of fifty dollars for each license shall 

be paid : persons holding such licenses to be subject to the 

taxes and all other obligations and duties applicable to them 

under the said act. 
Punishment by "SECTION 5. Scctious four, sixtccu and eighteen of said 
onment,ordther cliaptcr ouc huudred and forty-one, arc hereby so far amended 



1868.— Chapter 312. 229 

that in the sentences therein provided, the court may inflict 
the punishment of imprisonment without the fine, or fine 
without imprisonment, or both, at its discretion. 

Section 6. Tlie tenth section of the act referred to in tlie Amendments. 
first section of this act is hereby amended by striking out the 
word " licensed " immediately before the words "■ medical 
practitioner " and inserting in the place thereof the word 
" regular," and by striking out the words " out and signed." 

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

Approved June 5, 1868. 
An Act authorizing the cape cod railroad company to con- Qfinrx 312 

STRUCT a wall ACROSS COHASSET NARROWS. ■« * 

Be it enacted, ^'c, «*■ foUoivs : 

Section 1. The Cape Cod Railroad Company are hereby May construct 
authorized to construct and maintain a sea-wall across Co- C(rhrs'set'"Nar^- 
hasset Narrows, between the towns of Sandwich and Ware- '^°"^- 
ham, at the place where the railroad of said company crosses 
said narrows : provided, that all things done under this act Proviso, 
shall be sulyect to the* determination and approval of the 
fish commission, and that such fishways be constructed as 
they may direct ; and provided, further, that the railroad liaiiroad to pro- 
company shall make or provide a suitable landing for any or landing for wood. 
all wood which may at any season of the year be brought 
from above the said sea-wall to Cohasset Narrows for ship- 
ment, and shall provide a suitable wharf below the sea-wall, 
with proper facilities for placing said wood upon the same, 
without cost to the owner for the use of such facilities ; and 
that the railroad company shall transport to the said wharf 
below the sea-wall, (in lots of not less than twenty-five cords 
each, except so far as the railroad company shall elect,) all 
wood which may be landed upon the wharf at the head of 
Buttermilk Bay for shipment, at such charge for transporta- 
tion as may be agreed upon between the parties ; and in commis.<!ioners to 
case said parties fail to agree, three commissioners shall be parurs^^'ilu to 
appointed by the superior court sitting in and for the county ''s"^^- 
of Plymouth or Barnstable, upon the petition of any party 
interested, who shall fix the same ; the railroad company to 
pay the expense of such commission ; and provided, further. Provision in case 
that if the Boston and Sandwich Glass Company or any per- to wharves beiow 
son interested in a wharf within half a mile below said wall, sea-waii. 
shall at any time claim tliat the building of the sea-wall au- 
thorized by this act injures the navigation by causing a shal- 
lowing of water or the forming of bars or like obstructions, 
commissioners appointed in the manner provided in this act 
shall decide whether any such injury is caused by such build- 
ing, and shall determine what, if any, dredging or other clear- 



230 



1868.— Chapter 313. 



ing shall be done bj said railroad company to obviate the 
effect of such building. Should no such dredging or other 
clearing be found necessary, said claimants shall pay the cost 
of the commission. 

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

Approved June 5, 18G8. 



Chap 313 



Treasurer to issue 
scrip for S300,- 
000, at six per 
cent, interest. 



To be counter- 
signed by gov- 
ernor. 



To aid the con- 
struction of the 
Lee and New 
Haven Railroad. 



At what times 
and upon what 
conditions scrip 
to be delivered 
to railroad. 



An Act to aid the constructiox of the lee and new haven 

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

Section 1. The treasurer of the Commonwealth is hereby 
authorized and instructed to issue scrip or certificates of 
debt, in the name and in behalf of the Commonwealth, and 
in the manner herein designated, for the sum of three 
hundred thousand dollars, which shall be expressed in 
federal currency, and be payable to the bearer thereof at the 
expiration of thirty years from date, and redeemable at the 
option of the Commonwealth, at any time after five years 
from date, with interest thereon, at the rate of six per cent, 
per annum, payable semi-annually on the first day of January 
and the first day of July, both interest and princifial being 
payable at the office of the treasurer of the Commonwealth 
in lawful money of the United States. Said scrip may be 
either in the form of registered or coupon bonds, as the 
governor and council shall determine ; it shall bear date on 
the first day of January or July, which shall next precede 
the several issues 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 redemption thereof. The 
treasurer of the Commonwealth for the time being, shall 
deliver said scrip to the treasurer of the Lee and New Haven 
Railroad Company, whenever 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 its completion, and for the equipment of the same. 

Section 2, Whenever it shall be made to appear to the 
satisfaction of the governor and council tl^iat the Lee and 
New Haven Railroad Company has properly expended one 
hundred thousand dollars in the construction of its road, 
then a portion of said scrip to the amount of fifty thousand 
dollars shall, upon the terms hereinafter specified, be 
delivered to the treasurer of said railroad company. And 
when it shall appear to the satisfaction of tlie governor and 
council that a further expenditure of one hundred thousand 
dollars in addition to the amount previously loaned by the 



1868.— Chapter 313. 231 

Commonwealth, lias been made in the construction of said 
road as aforesaid, then another portion of said scrip to the 
amount of fifty thousand dollars shall be delivered upon the 
terms herein expressed to the treasurer of said railroad 
company ; and so in like manner said scrip shall be issued 
and delivered until the whole amount hereby authorized 
shall have been issued and delivered. 

Section 3. The Lee and New Haven Railroad Company Railroad to be 
shall make, execute and deliver to the Commonwealth, in the state as 
manner and form to be approved by the attorney-general, a ^®<='^''"^y- 
first mortgage deed of the road, franchise and property of 
said company to indemnify and save harmless the Common- 
wealth from loss or damage on account of said scrip, and 
that said railroad 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 ; said mortgage deed shall be made, executed and 
delivered as aforesaid, when the same shall be demanded by 
the treasurer of the Commonwealth. 

Section 4. Whenever said railroad shall have been sinkin- fund to 
opened for use from Lee to the Connecticut state line, five 
thousand dollars annually shall be set apart from the net 
income of said road, and paid to the commissioners herein- 
after 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 : provided, that whenever in the opinion of rroviso. 
the treasurer of the Commonwealth for the time being, a 
sufficient sum shall have been set apart to produce with the 
accuring 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 sink- 
ing fund. 

Section 5. The treasurer of the Commonwealth, the Treasurers of the 
auditor of the Commonwealth, and the treasurer of the Lee and'nXoadto 
and New Haven Railroad Company for the time being, shall erVof'"\nki'°g 
be commissioners of the sinking fund of said railroad com- f"nd. 
pany. The 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 
treasurer of the Commonwealth. 

Said commissioners shall keep a true account of all their commissioners to 
proceedings ; they shall annually, in the month of January, "JgisLtm-rannu- 
make a report to the legislature setting forth their proceed- '^"^" 
ings for the year preceding, the amount and condition of 



232 1868.— Chapter 313. 

said funds, and the income of the several pafts thereof for 
the year, which records and securities, and the books of 
account belong thereto, shall at all times be open to tlie 
inspection of the governor and council, or of any committee 

Compensation of of the legislature; and the said commissioners shall receive 
for their services from the Lee and New Haven Railroad 
Company the sum of forty dollars each annually. 

Commissioners to SECTION 6. The govcmor with the advice and consent of 

be appointed to -i i n • i • • o ^ 

ascertain amount tho couucil, shall appouit thrcc commissioucrs, one oi whom 

of work done on , i , , i i • • i • ^ i • i- j. • 

road. sliall be a competent civil engineer, to ascertain Irom time 

to time, as the governor and council shall direct, the amount 
of work performed on the line of the railway of the Lee and 
New Haven Railroad Company, and the expenditures prop- 
erly incurred and made for tlie 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 
Compensation, the tcmis and provisions of this act. The governor and 
council may fix the proper compensation of such commis- 
sioners, which shall be paid by said railroad company. 
Scrip not to be SECTION 7. No portioii of said scrip shall be issued unless 
appears thatroad it sliall bc madc to appear to the satisfaction of the governor 
Ted' &c. "^"""P'^" 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 Lee to the Connec- 
ticut state line ; 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 Lee and the Connecticut state line within three 
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 company ; and the Commonwealth may 
enter upon and take possession of said road and all its 
property, and foreclose forthwith and without equity of 
redemption, the mortgage held under the third section of 
this act. 
Books and ac- SECTION 8. The govcmor and council and the commis- 
for"examination" sioiicrs appointed by them shall at all times, until the pay- 
^°- ment of tlie 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 5, 1868. 



1868.— Chapters 314, 315, 316, 317. 233 

An Act to authorize the bay state steamboat company to Qhnn 314 

HOLD REAL ESTATE IN NEWPORT. -^ ' 

Be it enacted, ^'c, as follows : 

Section 1. The Bav State Steamboat Company is hereby Reai estate, 
authorized to hold real estate in the city of Newport, in the 
state of Rhode Island, to an amount not exceeding in value 
the sum of fifty thousand dollars. 

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

Approved June 5, 1868. 



Chap.2>l6 



An Act in relation to the taxation of deposits in savings 

BANKS. 

Be it enacted, §'c., as follows: 

Every savings bank and institution for saving incorporated Tax of three- 
under the laws of this Commonwealth, including the Mer- pr^enT.oLde- 
cantile Savings Institution, in the city of Boston, shall pay fngg'tanLf''^" 
to the treasurer of the Commonwealth a tax on account of 
its depositors of three-quarters of one per centum per annum 
on the amount of its deposits, to be assessed, one-half of said 
annual tax on the average amount of its deposits for the six 
months preceding the first day of May, and the other on the 
average amount of its deposits for the six months preceding 
the first day of November. Approved June 6, 1868. 



C%;.316 



An Act to authorize the lee and new haven railroad com- 
pany TO reduce its capital stock. 

Be it enacted, §'c., as follows : 

Section 1. The Lee and New Haven Railroad Company capital stock 
is hereby authorized to reduce its capital stock to three ^''$300^000.'^* 
hundred thousand dollars. 

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

Approved June 6, 1868. 



Chap. ^11 



Av! Act relating to insurance companies. 
Be it enacted, ^'c, as follows : 

Section 1. The provisions of all general laws which are provisions relat- 
or may be in force relating to insurance companies incorpo- sura*nce°'^'c'?m pa- 
rated in, other states of the United States, are hereby ex- "^^Vn '^ Ufither 
tended to all companies, associations and individuals formed incorporated or 
or associated in such other states, and doing an insurance 
business in this state, whether incorporated or not. 

Section 2. If a mutual fire insurance company is owing if mutual rom- 
for money borrowed to pay losses or expenses, or is owing pay''iosses*^''wi'th- 
for losses or expenses which it cannot pay otherwise than by ""'^ borrowing, 

directors litiblo 

borrowing money, and the directors neglect or omit, for the for debts unless 
space of six months after such losses or expenses became due ment wuh^n%?x 
and payable, to lay and collect with all practicable diligence months of loss. 

37 



234 



1868.— Chapter 318. 



an assessment which, witli other cash funds on hand, if anj, 
is sufficient to discharge all the existing indebtedness of tlie 
company, they shall be personally liable for all debts and 
claims tlien outstanding against the company, and for all 
thereafter accruing, until an assessment is laid and put in 
process of collection, as aforesaid : provided, that in case of 
such existing indebtedness by any company, six months shall 
be allowed after the passage of this act. 

Section 3. No insurance company hereafter chartered, 
with authority to effect marine insurance on the mutual prin- 
i*"pawinci^h."'' ciple, shall issue policies until at least one-half of the sub- 
scribed capital or safety fund required by law has been paid 
in in cash. The provisions of law relating to the capital of 
joint-stock insurance companies, shall be applicable to the 
cash capital of such mutual companies. 

Approved June 8, 1868. 



Mutual marine 
companies not to 
issue policies un 



Chap.ZlS 



Special commis- 
sioners to grant 
licenses to be 
elected in Suf- 
folli County. 



Return of votes. 



To give bonds, 

$50,000. 



An Act in further addition to an act to regulate the sale 

OF intoxicating liquors. 
Be it enacted, Sfc, as follows: 

Section 1. The mayor and aldermen of the cities of Bos- 
ton and Chelsea, and the selectmen of the towns of North 
Chelsea and Winthrop shall, upon the passage of this act, 
issue their warrants for the election of three special commis- 
sioners for the county of Suffolk, under the act of which this 
is an amendment, in their respective cities and towns, to be 
holden on the third Wednesday of June of the current year. 
And the said mayor and aldermen and selectmen shall, with- 
in three days after said election, make returns of the votes 
cast for said commissioners to the secretary of the Common- 
wealth. The secretary, upon receiving such returns, shall 
transmit them to the governor and council, and the governor, 
with at least five of the council, shall, within five days, 
examine them, and he shall notify such persons as appear 
to have been elected, and returns shall be made in like 
manner at each succeeding election for a special commis- 
sioner under said act. 

Section 2. The special commissioners above named sliall, 
before entering upon the discharge of their duties, give bonds 
for the faithful performance of their duties, in the sum of 
fifty thousand dollars each, in two sufficient sureties satisfac- 
tory to the treasurer of the Commonwealth. 

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

Approved June 8, 1868. 



tion of *the Western Railroad, under the provisions of the ^w' l-^'n^troc- 
acts approved February twenty-first, in the year eiglitcen tw" onvestem 



1868.— Chapter 319. 235 

An Act to extend the time of the state loan in aid of the Qfidp^ 319 

WESTERN RAILROAD CORPORATION. * * 

Be it enacted, tVc, as follows: 

Section 1. For the purpose of redeeming the outstand- $2,000,000 in 
ing scrip of the Commonwealth, issued to aid the construe- sued to redeem 

■ - - - '■'--'■ issued to 

construc- 
f Western 
. Railroad. 

hundred and thirty-eight ; March twenty-third, m the year 
eighteen hundred and thirty-nine ; and March eighteentli, 
in the year eighteen hundred and forty-one ; the treasurer 
of the Commonwealth is hereby authorized and directed to 
issue scrip, or certificates of debt, in the name and on behalf 
of the Commonwealth, and under his signature and the seal 
of the Commonwealth, for the sum of two million dollars. 

Section 2. Said scrip shall bear date the first day of -'<> ^e '" cur- 

T 1 • 1 • 1 1 IT T • • 1 J. 1 1 11 ''^""y of Great 

July, m the year eighteen hundred and sixty-ciglit, and snail Britain at five per 
be expressed in the currency of Great Britain, and made aWeinloia.''*^' 
payable to the bearer thereof in gold, in London, at the 
expiration of twenty years from said date, bearing interest 
at the rate of five per centum per annum, payable semi- 
annually in gold, in London, on the first day of January and 
the first day of July, with warrants for interest attached 
thereto. Said scrip shall be countersigned by the governor 
of the Commonwealth for the time being, and shall be 
deemed a pledge of the faith and credit of the Common- 
wealth for the redemption thereof. 

Section 3. The treasurer of the Commonwealth shall, -*o''« ^'''i^"^'^ 

. to commissioners 

under the conditions hereinafter provided, deliver tlie scrip of sinking fund, 
issued, under authority of this act, to the commissioners of 
the sinking fund of the Western Railroad Corporation, for 
the purpose of enabling them to pay and redeem at matur- 
ity, or cause to be paid and redeemed, the outstanding scrip 
of the Commonwealth, issued in aid of the construction of 
said Western Railroad, under the provisions of the acts 
aforesaid. Said commissioners shall, for that purpose, either —to be soui or 
sell said scrip, in such sums and at such times as they may tonTrfa Albany 
find necessary and convenient, or, if they deem it expedient, Railroad, 
they may deliver the same, or any part thereof, to the Boston 
and Albany Railroad Company, who shall use the same, or 
the proceeds thereof, to pay and redeem said outstanding 
scrip, and for no other purpose whatsoever : provided, that ProTiso. 
said company may pledge the same as collateral security for 
the loan to them of money wliich shall be used exclusively 
to pay and redeem the outstanding scrip aforesaid, as the 
same matures. All scrip so paid and redeemed shall be Redeemed scrip 
forthwith delivered to the treasurer of the Commonwealth, I'ia'te'treMurer.'*' 



236 1868.— Chapter 319. 

who shall hold the same, together with the agreement, bonds 
and mortgages hereinafter mentioned,, to l)e enforced against 
the Boston and Albany Railroad Company, as provided by 
this act. 
usersciip°*to"b; Section 4. If any portion of the proceeds of scrip issued 
paid over to the under authorltv of this act, or of money borrowed on pledge 

commissiouers of ^ ,-. in ii i in 

siukiug fund. 01 the same, snail not have been used, to pay and redeem 
said outstanding scrip prior to January first, in the year 
eighteen hundred and sixty-nine, the same shall immediately 
thereafter be paid over to the commissioners of the sinking 
fund of the Western Railroad Corporation, to be added to 

One per cent of gf^|(j fund and iuvestcd accordino; to law. And the said 

scrip to be added , ~ 

to sinking fund Bostou and Albany Railroad Company shall annually, after 

annua y. ^|^^ passage of tliis act, set apart from their earnings a sura 

equal to one per centum on the amount of all scrip issued 

under authority of this act, and pay over the same to said 

commissioners, to be added to said sinking fund, and invested 

Scrip may be de- as aforcsaid. Said Boston and Albany Railroad Company 

iivered up to the . tit i l J 

State and can- may, at auy tnne, surrender and deliver up to the treasurer 
of the Commonwealth, any part of the scrip to be issued 
under authority of this act, which shall be forthwith can- 
celled, as hereinafter provided. If said company shall 
receive any of the said scrip, they shall, whenever they shall 
have sold or finally disposed of the same, render an account 
of such sale, and of their dealings in relation to said scrip, to 
the treasurer of the Commonwealth, and until such sale or 
final disposition, they shall report their dealings in relation 
thereto to said treasurer annually. 

Securities forni- SECTION 5. All the sccurities heretofore given by the 

eriy given shall .^^ t-» -i i /-^ • i i i- • • 

apply to scrip Westem Railroad Corporation and the obligations imposed 

now to be is- -, x n i • t a.- c i • 

sued. on and agreements made by said corporation, lor and in 

relation to the scrip issued under the provisions of the acts 

aforesaid and now in force, shall unless, and except as herein 

otherwise provided, be applicaWe to the scrip issued under 

ta-'e'Tt'to'bl'^iid ^"thority of this act. The Boston and Albany Railroad 

in gold, or State Coiupauy sliall pay the interest and the principal of said scrip 

to take possession • iiij.i put in • i- 

of road in gold wlien the same lall due, and ail expenses incurred in 

relation to the same ; and if tliey shall fail so to do it shall 
be the duty of the treasurer of the Commonwealth to enter 
upon and take possession of their railroad, and enforce all 
the provisions of the agreement, bonds and mortgages here- 
Mortjrages, &c., inaftcr mentioned ; and the mortgages, pledges and bonds 
paired. ^ ""' heretofore given by the Western Railroad Corporation, in 
pursuance of the provisions of the acts aforesaid, are hereby 
declared not to be waived or impaired by any delay in 
enforcing the same, or by any of the provisions of this act ; 



1868.— Chapter 319. 237 

but the same shall continue in force until all the debts due 
from the Commonwealth, by virtue of this or of any of said 
acts, shall have been fully paid, satisfied and discharged. 

Section 6. This act shall not take effect until the said ^i^«n and upon 

, what conititious 

Boston and Albany Railroad Company, at an annual meetmg this Act win uke 
or at a special meeting duly notified for that purpose, shall 
have assented to the provisions thereof and shall have 
executed to the Commonwealth an agreement in such form 
as the attorney-general shall prescribe, to comply with the 
provisions of this act and to indemnify and save harmless 
the Commonwealth from expense incurred in the preparation 
and negotiation of said scrip, or any loss on account of the 
same, and well and truly to pay the principal of said scrip 
punctually in London at its maturity, in gold, or such part 
thereof as said sinking fund shall not be adequate to pay, 
and the interest thereon semi-annually in London, in gold, 
when the same is^due ; and shall if required by the governor 
and council, by a suitable instrument or instruments, to 
be prepared for that purpose, under the direction of the 
attorney-general, convey to the Commonwealtli, their entire 
road with its income, and all the franchises and property to 
them belonging and all their interest in the Albany and 
West Stockbridge Railroad or in any lease, contract or 
agreement thereof or relating thereto, or shall give such 
other security as the governor and council shall require for 
the fulfilment of said agreement ; said mortgage or other 
security to be held by the Commonwealth as security for the 
performance of said agreement : provided, that the Common- Proviso, 
wealth shall not take possession of said pledged or mort- 
gaged property, or any part thereof under and by virtue of 
said mortgage unless for a substantial breach of some con- 
dition of said agreement. 

Section 7. Whenever any scrip issued under authority surrendered 
of the acts aforesaid and now outstanding, or any scrip caneeiiedby 
which may be issued under the provisions of this act, shall ti^easurer. 
have been surrendered to the treasurer of the Common- 
wealth he shall forthwith cancel the same ; and whenever all ^,\",",fiX?mrt' 
such scrip shall have been so surrendered, or whenever the gage, &c., to be 

* T • 1 /> 1 11 • ^ i.' cancelled. 

prnicipal and interest thcreoi and all expenses m relation 
thereto shall have been fully paid, out of said sinking fund, 
or by tiie Boston and Albany Railroad Company, and all the 
conditions of said agreement shall have been fulfilled, then 
said agreement and mortgage and any bond and mortgage 
heretofore given to the Commonwealth by the Western 
Railroad Corporation, shall be cancelled, and said agree- 



238 



1868.— Chapters 320, 321. 



commissioneM. 



ment, bonds and mortgages shall be discharged, and deliv- 
ered up to said Boston and Albany Railroad Corporation. 
compen?ation of SECTION 8. The commissioners of the sinking fund of 
the Western Railroad Corporation shall receive for their 
services from the Boston and Albany Railroad Company the 
sum of one hundred dollars each annually. 

Approved June 8, 1868. 



Chap. 320 



Certain estate not 
taxed, and omit- 
ted in warrant to 
collector, may be 
taxed subse- 

quently, &c. 



PrOTiso. 



Tax not invalida- 
ted if amouQt ex- 
ceeds that au- 
thorized by law. 



An Act relating to assessment of taxes upon estates omitted 

IN the annual taxation. 
Be it enacted, ^"c, as follows: 

Section 1. "When the assessors of any city or town, after 
the time when their warrant has been committed to the 
collector of taxes, shall discover that the real or personal 
estate of any person, to an amount not less than five hundred 
dollars, and liable to taxation, has been omitted from the last 
annual assessment of taxes in such city or town, said asses- 
sors shall proceed forthwith to assess sucti person for such 
estate in like manner as he should have been assessed in 
such last annual assessment. The taxes so assessed, shall 
be entered in the tax list of the collector of the city or town, 
and he shall collect and pay over the same in the manner 
specified in his warrant : provided, that such tax shall not 
be assessed after the first day of August for any such omis- 
sion. 

Section 2. No tax of any city or town shall be invalida- 
ted by reason that, in consequence of the provisions of this 
act, the whole amount of the taxes assessed in such city or 
town shall exceed the amount authorized by law to be raised. 

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

Approved June 8, 1868. 



Chap.d2l 

Penalties for ma- 
licious trespass. 



Jurisdiction of 
courts. 



An Act relating to malicious trespasses. 
Be it enacted, ^'c, as folloivs : 

Section 1. When a conviction is had under sections 
eighty-one, eighty-two, eighty-three or eighty-four, of chapter 
one hundred and sixty-one of the General Statutes, the 
person so convicted shall be punished by a fine not exceeding 
five hundred dollars, or imprisonment in the house of cor- 
rection not exceeding six months. 

Section 2. Municipal courts, police courts, and trial jus- 
tices shall have jurisdiction concurrent with the superior 
court of offences under said sections when the value of the 
property cut, taken, carried away, injured or destroyed, or 
the injury occasioned l)y the trespass is not alleged to exceed 
the sum of one hundred dollars, and may punish by fine not 



1868.--CHAPTER 322. 239 

exceeding one hundred dollars or imprisonment not exceed- 
ing six months or both. 

Section 3. This act shall not affect any prosecution Prosecutions 
pending or any liability or penalty incurred for any offence not afffc'ted.'' 
committed prior to the time this act shall take effect. 

Approved June 8, 1868. 

An Act kelating to charles kiver bridge and avarren bridge. QJifjn 322 

Be it enacted, ^'c, as follows: 

Section 1. Tlie supreme judicial court, sitting as a full ^^^pJ^fXTby 
court in any county, at any time after the passage of this s.ju. 
act, upon the petition of the attorney-general and after such 
notice as the court or any justice thereof may order, shall 
appoint three discreet and competent commissioners for the 
purposes liereinafter named. 

Section 2. Said commissioners shall be sworn to the faith- — *» ^^ sworn, 

. . 1 1 11 1 hear parties in 

ful and impartial discharge of their duties, and sliail tlien, interest, and as- 
after due public notice and hearing of all parties in inter- o?^ maiutainl'nl 
est, proceed to determine and award what counties, cities ^"'ises. 
or towns receive particular and special benefit from the main- 
tenance of Charles River Bridge and Warren Bridge and to 
apportion and assess the expense of maintaining the same 
upon such of said counties, cities or towns, and in such man- 
ner and amount as they shall deem equitable and just. And -to divide funds, 
the said commissioners shall likewise at tlie same time assign 
or divide the moneys, funds, properties, and other things 
now belonging to said bridges or the bridge fund to or 
between any of said corporations in such manner as to justly 
and equitably apportion the same with reference to tlie bur- 
den imposed. 

Section 3. When such award has been returned into the Awardtobebind- 
supreme judicial court, sitting for the county of Suffolk, and may enforce it. 
has been accepted by said court, the same shall be a final 
and conclusive adjudication of the matters herein referred to 
them, and binding upon all parties, and said court may 
enforce the same if necessary by proper process. 

Section 4. Upon the acceptance of said award by the upon acceptance 
court as aforesaid the said bridges shall become highways, totehigiiwajsr 
and tlie cities of Boston and Charlestown respectively, shall 
severally be liable for all damages arising from any want of 
repair in those portions thereof within their respective limits. 
And the care and manaoement of said bridges shall be vested commissiotiersto 

~ , o be appointed by 

in a board of commissioners consisting of two persons irom Boston and 

i.,i . 1 •,! IT • ^ Charlestown. 

each city, chosen m accordance with such ordinances as said 
cities shall severally establish, and until such commissioners 
are chosen the mayors of said cities shall ex ojjkio constitute 



240 1868.— Chapter 322. 

—to hold funds, a board of commissioners. All funds and moneys provided 
for in this act shall be received and held by said commis- 
sioners. 

-to estimate ex- SECTION 5. Tlic commissioncrs appointed under the first 

pense of opeuiug . n y • • i • • /• i n ■ 

drawa. scction 01 this act, in then- estimate oi the expense or main- 

taining said bridges, shall include the expense of opening 
the draws thereof and affording all necessary and proper 
** accommodations to vessels having occasion to pass the same 
by day or by night. 

—to determine SECTION '6. The commissionBrs appointed under the first 

sum to be paid by . ni. ini i- n • i 

Middlesex Rail- scctiou Of this act shall havo authority to determine and 
road Company, g^^.^^,,^ what suui the Middlesex Railroad Company, and any 
other corporation which may have authority to run street 
railway cars or other vehicles for the business of carrying 
passengers, or parties engaged as common carriers of passen- 
gers, over said bridges or either of them, shall contribute to 
the expense of maintaining the same, 
-may award sum SECTION 7. Tho Said commissiouers shall have power to 

ingrossorannual i i • i • i • • i 

payments. malvC thcir award either in a gross sum or in annual pay- 

ments. 
—may Fell land Scctioii 8. The Said comiuissioners shall have power to 
state.^'"^ ° sell and dis|)Ose of a certain triangular piece of land belong- 
ing to the Commonwealth situated at the Boston end of the 
Warren Bridge and between the same, the southern pier of 
its draw, and the Fitchburg Railroad bridge, containing 
about twenty thousand square feet, and to add the proceeds 
Proviso. of the same to -the fund for said bridges : provided, however, 

that the occupancy and improvement of the same shall be 
subject to the approval of the board of harbor commis- 
sioners. 
Bo.ston,andMid- SECTION 9. Nothlug coutaincd in this act shall release 
not released from the city of Bostoii froiu its obligatioii to keep in repair all that 
ti^on^'reiauve^ro part of Warrcu Bridge connected with its water works, nor 
repairs, &c. from its liability for any damages "arising from any defect in 
or accident to said works, nor shall release the Middlesex 
Railroad Company from any legal obligation now existing to 
maintain and keep in repair any portion of said bridges, nor 
from any liability for loss or injury that any person may sus- 
tain by reason of any carelessness, neglect or misconduct of 
its agents or servants in the management, construction or 
use of its tracks on said bridges. 
Compensation of SECTION 10. Tlic compcnsatioii of the commissioners 
named in the first section of this act shall be fixed by the 
court to which the award is returned and paid from the 
treasury of the Commonwealth. 



commissioners. 



1868.— Chapters 323, 324. 241 

Section 11. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed, saving and excepting how- 
ever all rights of action existing at the time of the passage 
hereof. 

Section 12. This act shall take effect upon its passage. 

' Approved June 8, 1868. 



Chap. 323 



An Act ceding jurisdiction over c^:RTAIN lands in boston to 

THE united states OF AMERICA. 

Be it enacted, §'c., a,s follows : 

Section 1. The consent of the Commonwealth of Massa- Jurisdiction ced- 
chusetts is hereby given to the purchase by the United States In Boston" for°a 
of America of a piece or pieces of land in the city of Boston, [^asufy.^ ^""^ 
between Water street and Milk street, and easterly of 
Devonshire street, to be used for a post-office and the pur- 
poses of the treasury of the United States. And jurisdiction 
is hereby ceded to tlie United States over the said territory 
when the United States shall become owner thereof: pro- state retains con- 
vided, that this Commonwealtli retains concurrent jurisdic- (i""''°'J""^'^'''' 
tion with the United States over said territory so far that all 
civil and criminal processes issuing by authority of this 
Commonwealth may be served and executed on said territory 
and in any buildings thereon, in the same manner as if juris- 
diction had not been ceded to the United States as aforesaid. 

Section 2. All jurisdiction of the United States ceded when jurisdic- 
by this act over said territory, or any part thereof, shall to'stat'e/*'^*'' 
revert to tlie Commonwealtli of Massachusetts whenever and 
so far as the United States shall cease to be the owner 
thereof, or to use the same for the purposes declared in this 
act. And the United States shall not be hereby authorized 
to exercise any jurisdiction over any part of any highway on 
wjiich said territory may be bounded. 

Section 3. Tliis act shall be void unless a suitable plan rian to be eied 
of the territoiy purchased by the United States under this fiV''"ithiu "'one 
act shall be filed in the office of the secretary of the Com- ■*''"• 
monwealth within one year from the passage of this act. 

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

Approved June 8, 1868. 

An Act to incorporate the eastern steamship company. Chnn S^4- 

Be it enacted, ^'c, as follows : 

Section 1. Frederic Nickerson, Harrison Loring, Joseph corporators. 
Nickerson, their associates and successors, are hereby made 
a corporation by the name of the Eastern Steamship Com- Name and pur- 
pany ; with all the powers and privileges, and subject to all po^^s and 
the duties, liabilities and restrictions set forth in all general dutie.s. 

88 



2^2 1868.— Chapter 325. 

laws which now are or may hereafter be in force and applica- 
ble to such corporation. 
May hold one or SECTION 2. Said corDoration is hereby authorized and 

more steamships. n i i i i 

empowered to hold or charter one or more steamslnps, and 
employ the same in transporting freight and passengers 
between any port or ports in this Commonwealth and any 
port or ports in the British provinces ; and said company 
may let by charter one or more of its steamships to any per- 

Proviso. son or persons : provided,, such charter does not prevent 

said company from complying with the terms of tliis act. 

fhares^*'*"^^*"*^ SECTION 3. Thc Capital stock of said corporation shall 
not exceed two hundred and fifty thousand dollars, to be 
divided into shares of one hundred dollars each ; and no 
certificate of stock shall be issued until the par value of the 
same shall have been paid to the treasurer of said corpora- 
tion, in cash. 

Act void unless SECTION 4. This act shall be null and void, unless within 

organized, &c., p ,i n i • i • n 

withiu cue year 0116 year irom the passage oi this act the said corporation 
shall be organized, an amount equal to one-half of the capital 
stock subscribed for paid in in cash, and said company have 
one or more steamships employed in the transportation of 
passengers and freight between some port in this Common- 
wealtli and some port in the British provinces ; and if said 
corporation shall at any time fail, for the term of one year, 
to employ one or more steamships in the business aforesaid, 
this act shall be void. 

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

Approved June 8, 1868. 



Chap. 325 



An Act to establish th-e county seat of the county of Berk- 
shire AT PITTSFIELD, AND FOR OTHER PURPOSES. 

Be it enacted^ cVc, as follows : 

Terraa of supreme SECTION 1. Fi'om aud aftcr thc fii'st day of Januaiy 

iupe'rTor'^court in ill the ycar eighteen hundred and sixty-nine, the several 

fyw^'brheid^at tcrms of the supreme judicial court, now by law held annu- 

pittsfieid. ally at Lenox, within and for the county of Berkshire, on 

tlie second Tuesdays of May and September, and also the 

several terras of the superior court, now by law held annually 

at said Lenox on the first Mondays of January and July, 

and the fourth Mondays of February, June and October, 

shall e&.ch be held annually on the respective days aforesaid, 

at Pittsfield, in said county of Berkshire. 

Courts of probate SECTION 2. Froiu and after the first day of January, in 

PHts'fieiV^'"'^ '"^ the year eighteen hundred and sixty- nine, the several courts 

of probate and courts of insolvency, now by law held at 

Lenox, in said county of Berkshire, shall be held at Pitts- 



1868.— Chapter 325. 243 

field, within and for said county, at such times, respectively, 
as they are now by law required to be holden at Lenox 
aforesaid. 

Section 3. The county commissioners for said county of JJ''f °^'i°Jf„°^°; 
Berkshire shall hold meetings at said Pittsfield on the first 
Tuesdays of April, July and September and on the last 
Tuesday of December, annually, after the first day of Janu- 
ary, in the year eighteen hundred and sixty-nine. 

Section 4. All writs and processes, of whatever nature, writs and pro- 
whether civil or criminal, returnable to or pending in said anTuaveTay at 
supreme judicial court, superior court, probate court and est'libiiS ^by 
court of insolvency, and all petitions, processes and proceed- this Act. 
ings, of whatever nature, returnable to or pending before 
said commissioners at the time named in the preceding 
sections of this act, shall thereafter be returned and have 
day in the respective courts to which they may appertain, 
at the times and in the place established by this act ; and all 
parties and persons who, on said first day of January, in 
the year eighteen hundred and sixty-nine, shall have been 
required to appear and attend at the terms and times afore- 
said, shall appear and attend and have like day in court, at 
the terms and times and in the place established by this act. 

Section 5. The registry of deeds for the middle district, ^^7';*^^,^ '^^^j';^! 
comprising the towns of Lenox, Pittsfield, Richmond, Stock- trict to be kept 
bridge, Lee, Tyringham, Becket, Washington, Peru, Hins- '"'*''• 
dale and Otis, now situated at said Lenox, shall, from and 
after the first day of January, in the year eighteen hundred 
and sixty-nine, be removed to, and kept in, the town of 
Pittsfield. 

Section 6. The jail and house of correction for the said ;':;',e?t2°"'' "^ 
county of Berkshire, now situated at said Lenox, shall, from 
and after the first day of January, in the year eighteen 
hundred and sixty-nine, be removed to the town of Pittsfield. 

Section 7. The records of the courts mentioned in this i^ecords of the 

. • r> ^ c ^ courts. 

act, and of the county conniiissioners, irom and alter the 
first day of January, in the year eighteen hundred and 
sixty-nine, shall be removed to and kept in said town of 
Pittsfield. 

Section 8. The county commissioners of the county of roT m™ney^To 
Berkshire, are hereby authorized to borrow, on the credit buiid a court 

o.i n . T 111 house, &c. 

of said county, a sum of money not excecdnig one hundrecl 
thousand dollars, to be expended in building a court house 
and buildings for a jail and house of correction in the town 
of Pittsfield. 

Section 9. This act shall take effect in three months ^hen and on 

- . • 7 1 1 J 1 p ii i. i* what teruis this 

from Its passage: pruviaed, that on or beiore that time, a A>-t to have ef- 
suitable lot or lots of land on which to place the court house, **""• 



2U 1868.— Chapter 326. 

jail and house of correction, with suitable and convenient 
yards, be provided in said Pittsfield, without expense to the 
county of Berkshire, said lot or lots, and the conveyance 
thereof to the county, to be to the acceptance of the county 
ProTiso. commissioners of said county ; and provided, further, that 

suitable rooms be furnished by the town of Pittsfield, without 
expense to said county, for the holding of the several courts 
narned in this act, and the keeping of the records thereof, 
and for the registry of deeds and the meetings of the county 
commissioners, to the acceptance and satisfaction of said 
commissioners, from the first day of January, in the year 
eighteen hundred and sixty-nine, until the completion of the 
court house in said Pittsfield. Approved June 8, 1868. 



Chai). 326 



An Act in addition to " an act for the improvemknt of the 

harbor of boston and the commonwealth's flats therein." 
Be it enacted.) §r., as foUuivs : 
Harbor commis- SECTION 1. Tlic liarbor commissioncrs are hereby author- 

Bioners may con- ,, . f>i/->i ii-i 

tract for State to izcd to conti'act ui thc name or the Commonwealth witli any 
Harbor."' ^°*''°° pcrsoii or pcrsons, or with the city of Boston, for the filling 
of any portion of the lands or flats in Boston Harbor which 
lie northerly of South Boston and easterly of Fort Point 
Channel, and within the exterior line 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 eighteen hundred 
and sixty-six, and for building wharves, docks, sea-walls, 
basins, streets, bridges or sewers, and for dredging or doing 
any work upon or in relation to said flats, and to pay for the 
same by conveyances of any portion of said flats, or the 
granting of any rights or privileges therein, and for laying 
out and building streets and sewers to and over said flats or 
any part thereof, reserving and laying out channels ; and 
—may allow rail- tlicy may autliorizc any corporations or persons to lay and 
laid, &T ^ ° " use railroad tracks over any parts of said flats, for the purpose 
of transporting materials for filling up the said flats, and of 
—may settle by aiiy othcr work in relation thereto, and shall have full power 
fllcting^riyht"! to determine and settle, by agreement, arbitration or process 
of law, the relative rights and interests of the Common- 
wealth and all other parties in and to and over said flats and 
—may make COD- any parts thereof; and said commissioners shall have power 
ll^^^ccnplTJu, t'O enter into any contracts in regard to the occupation and 
*"=• improvement of said flats which said commissioners think 

ProTiso. best : provided, that every conveyance made and the terms 

thereof, every contract entered into, every authority given 
for laying railroad tracks and otherwise, every plan for the 



1868.— Chapter 326. 245 

occupation of said flats, and l)uilding docks, se5-walls, basins, 
wharves, streets and sewers thereon, adopted by said com- 
missioners, shall be submitted to the governor and council, 
and sliall 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. 

Section 2. i^aid commissioners may make any contract ;;"^J ™ ti'/rip"- 
wliich ti.ey think judicious, with any of the riparian own- nan owuers tor 
ers in South Boston, and with the Boston Wharf Company, AaL'"'^''' °''° 
for the purchase or exchange of lands or flats, and they shall 
have full authority to release for money or other valuable 
consideration, upon such terms and conditions as they shall 
deem fit, and convey by deed, with warranty or otherwise, 
to be duly executed by them in behalf of the Common- 
wealth, the right, title and interest of the Commonwealth in 
the whole or any part of said lands or flats ; but all sales of 
lands or flats, unless otherwise ordered by the governor and 
council, shall be by public auction, and the manner, terms 
and conditions of such sales shall be prescribed by the gov- 
ernor and couifcil. 

Section 8. The sea-wall authorized to be erected under sea-waii, where 
chapter three hundred and fifty-four of the acts of the year buiit;i86T,'354! 
eighteen hundred and sixty-seven may be commenced at any 
point on Fort Point Channel considered expedient by the 
commissioners, and shall be built on the exterior line laid 
down on the plan designated in said act, as subsequently 
modified, or within said line at a distance not exceeding 
fifty feet therefrom. Said wall may be constructed with 
openings in the same, filled with sheet pilings or otherwise, 
between such points as said board shall determine. And her/^'mly^^be 
said commissioners may erect a suitable temporary bulkhead erected, 
of wood to retain the dredged material, previous to the 
construction of said wall, at such a distance in the rear 
thereof as will not interfere with the construction of said 
wall and the docks and wharves connected therewith. And 
the commissioners may use the unexpended balance of the 
appropriation made in the act aforesaid for these purposes. 

Section 4. All contracts for filling section one, as shown contracts fore h- 
iipon plan number one, dated the twelfth day of December, &c/'''' ^°" °°^' 
in the year eiohteen hundred and sixty-seven, annexed to 
the report of the committee on the Commonwealth flats, near 
South Boston, appointed under chapter ninety-three of the *. 

resolves of the year eighteen hundred and sixty-seven, shall 
require the whole of that portion of the upper harbor of 
Boston, colored red upon ])lan number two, annexed to said 
report, to be dredged, as nearly as practicable, to the depth 



2^6 



1868.— Chapter 326. 



Contracts for fill- 
ing sections two 
and three. 



Dredging, &c. 



PrOYiso. 



Proceeds of sales 
to be paid into 
treasury and ap- 
plied to sinking 
fund. 



Eastern Avenne, 
with bridge over 
Fort Point Chan- 
nel, to be public 
street. 



Contracts, &c., 
subject to apprn- 
Tal of governor 
and council. 



Money not to be 
paid, except as 
provided in Act. 



of twenty-three feet below mean low-water thereon, and the 
materials thus obtained to be used in filling said section one. 
And all contracts for Hlling sections two and three, as shown 
upon said plan number one, shall require a portion of said 
upper harbor to be dredged in the same manner and to the 
same depth as aforesaid, and the materials thus obtained to 
be used in filling said sections two and three ; and the num- 
ber of cubic yards of material so required to be dredged and 
used in filling said sections two and three, respectively, shall 
bear the same proportion to the respective areas of said 
sections two and three that the number of cubic yards herein 
required to be dredged from said locality, colored red, shall 
bear to the area of said section number one. ^\l said con- 
tracts for filling said sections shall require the additional 
materials therefor to be dredged from the reserve channel, as 
shown upon said plan number two, and also from such other 
parts of the harbor or taken from such other sources as 
said commissioners may deem expedient. And the dredg- 
ing so done in said upper harbor shall be full compensation 
for the tide-water displaced by the work auHliorized under 
this act : provided, hoivever, if it shall appear from hydro- 
graphical and physical surveys that injury to the harbor has 
resulted from tiie work herein authorized, then such injury 
shall be repaired, by dredging or otherwise, in such manner 
and to such an extent as the legislature shall hereafter 
determine. 

Section 5. All money received from the sale of lands 
and flats or otherwise, under this act, shall be paid into the 
treasury of the Commonwealth, and shall be applied to the 
sinking fund as provided for by section three of chapter one 
hundred and twenty-two of the acts of the year eighteen 
hundred and sixty-five. 

Skction B. The city of Boston is hereby authorized to 
build and lay out as a public street. Eastern Avenue, with a 
bridge over Fort Point Channel, having suitable draws, said 
avenue and bridge to be located and constructed at such 
places and upon such plans and upon such terms and con- 
ditions as the harbor commissioners may make, the same to 
be subject to the approval of the governor and council. 

Section 7. All plans and specifications for the improve- 
ment of the flats and for work in connection therewith, and 
all contracts made in carrying out the authority given by 
this act shall be subject to the approval of the governor and 
council. 

Section 8. Nothing herein contained shall authorize said 
commissioners, by any stipulation or contract, to require the 



1868.— Chapters 327, 328. 247 

payment of any money from the treasury of the Common- 
wealth except as provided in the third section of this act. 

Section 9. Chapter ninety-three of the resolves of the Repeal. 
year eighteen hundred and sixty-seven, also sections three 
and five of the three hundred and fifty-fourth chapter of the 
acts of the year eighteen hundred and sixty-seven are 
hereby repealed. 

Section 10. This' act shall take effect upon its passage. 

Approved June 9, 1868. 

An Act relating to insolvent estates of deceased persons. CJlClT) 327 
Be it enacted, ^c, ast follows : 

Section 1. When a commissioner upon the insolvent ^yiien commis- 
estate of a deceased person has died, or resigned before the vent estate d'ies, 
performance of his duties, or has unreasonably neglected to maybe^rjiiohlt* 
make the return required by law, or has been removed, the ^^■ 
probate court may appoint in his stead a new commissioner, 
and such new commissioner shall have the same powers and 
perform the same duties in reference to the proof of claims 
against such estate and the return thereof as if he had been 
originally appointed: provided^ that the time for taking Time for recew- 
proof of claims and making returns thereof shall be extended mfkhig °retu''rns 
six months from the appointment of such new commissioner, ""o'.iui's'^'''""^ ^'^ 

Section 2. Dividends may be ordered and paid to the Dividends paid 
creditors of such estates whose claims have been proved and !eavi""g^=uffiii7iit 
allowed, whenever the court may deem it proper, leaving in cuims/""''"''''^ 
the hands of the executor or administrator a sum sufficient 
to pay claims that may probably be proved, a proportion 
equal to what shall be then paid to the other creditors, which 
sum shall remain unappropriated in tht hands of the execu- 
tor or administrator until the final dividend is declared, or 
until the judge orders a distribution. 

Section 3. The second section of the two hundred and Repeal, 
seventeenth chapter of the acts of the year one thousand eight 
hundred and sixty-three is hereby repealed. 

Approved June 9, 1868. 

An Act in relation to the settlement of paupers. Chnn S'^S 

Be it enacted, §'c., as follows: 

Section 1. Hereafter, any person of the age of twenty- settlement, how 
one years, having the other qualifications mentioned in the °*"^*'°«^- 
fwirth, fifth, ninth and twelttli clauses of the first section of 
chapter sixty-nine of the General Statutes, shall be deemed 
to have thereby gained a settlement as therein provided, 
although not a citizen of this or any other of the United 
States. 



248 1868.— Chapters 329, 830, 331. 

Pauper may be SECTION 2. If aiij pGrsoii, actually become chargeable as 
of hist acquired a paupci" to aiij city or town in wbich he has a settlement, 
settiemeut. j^^^g ^ settlement subsequently acquired in any place without 
tliis Commonwealth, the overseers of the poor of such city or 
town may cause him to be removed to said place of subse- 
quent settiemeut, by a written order directed to any person 
therein designated, who may execute the same. 
^l'^p'" 230, Acts Section 3. Section one of chapter two hundred and thirty 

of 1865, amend- • i i n i i • ^ ,> • 

ed. ot the acts oi the year eighteen hundred and sixty-five, is 

hereby amended, by striking from the end thereof the words, 
" and had resided therein for six months next previous to 
the time of his being mustered into said service," and by 
inserting the word "• and " before the words " an inhabitant," 
ill the last clause left remaining in said section. 

Approved June 9, 1868. 

Chap. 329 -^^ -^cx relating to probate courts in the county of berk- 

" SHIRE. 

Be it enacted, ^'c, ns follows : 
i'e°^''aDr"GreL"t SECTION 1. Oil aud after the first day of January, eighteen 
Barrington. liuudrcd aud sixty-niiic, probate courts shall be held in the 

town of Lee, in the county of Berkshire, on the Wednesdays 

next after the first Tuesdays of January, March, May, July 

and Septemlier, and at Great Barrington, in said county, on 
* the Wednesdays next after the first Tuesdays in February, 

April, June, October and December. 
Lanesborough. SECTION 2. Oil and after the first day of Jannary next, 

no probate courts shall be held at Lanesborough, in said 

county. 

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

Approved June 9, 1868. 

An Act to increase the salary of the police justice of spring- 
field. 

Be it enacted, ^'c, as follows : 

Salary, $2,000. SECTION 1. The Salary of the justice of the police court 
in Springfield shall hereafter be two thousand dollars a year. 
Section 2. Tiiis act shall take effect npon its passage. 

Approved June 9, 1868. 
Chat) 331 ^^ ■^'^'^ relating to the place of holding the meetings of the 

■^' STONY BROOK RAILROAD CORPORATION. 

Be it enacted, Sj^c, as follows : 

Annual meeting SECTION 1. Thc Stouy Bi'ook Railroad Corporation is 
Loweu. ^ "^ hereby authorized to hold its annual and other meetings in 
the city of Lowell. 

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

Approved Jane 9, 1868. 



Chap. 330 



1868.— Chapters 332, 333. 249 

An Act to repeal " an act requiring the boston and provi- QfiQp^ 332 

DENCE railroad COMPANY TO ERECT A STATION HOUSE IN -^* 

ROXBURY." 

Be it enacted, §'c., as follows : 

Section 1, Chapter three hundred and thirty-six of the Repeal, 
acts of the year eighteen hundred and sixty-seven is hereby 
repealed. 

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

Approved June 9, 1868 

An Act in further addition to an act providing for the more QJidp^ 333 

SPEEDY completion OF THE TROY AND GREENFIELD RAILROAD "" 
AND HOOSAC TUNNEL. 

Be it enacted, §*c., as follows: 

Section 1. For the further prosecution and completion »25o,ooo appro- 

' 1 TT rn 1 priitt^cl IT prose- 

of the Troy and Greenfield Railroad and Hoosac iunnel, cution of work, 
and for the payment of interest upon such scrip as has been meutof iutere'/t' 
or may be issued during the progress of the work, there is 
hereby appropriated, in addition to the sums heretofore 
appropriated, two hundred and fifty thousand dollars, to be 
applied to the completion of said railroad ; and three hun- 
dred and fifty thousand dollars to be applied to the payment 
of interest ; such sums, 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 : provided, that the amount of the same may be trm- Proviso, 
porarily advanced from the treasury during the period 
necessary for the issue and negotiation of scrip, not, how- 
ever exceeding the period of the present political year. The fJ'P'','^^'\"t^;e'ft" 
expenditure of this appropriation, except for payment of to be under di- 

, 1 11 ,11 •.! i ii 1 £• J.1 rection of gover- 

interest, shall not be made witliout the approval 01 the nor and council. 
governor and council ; and provided, further, that after the Proviso. 
first day of October next, no part of this appropriation shall 
be used in payment for work done in excavating the tunnel, 
unless the same be done under contracts approved by the 
governor and council ; and they are hereby authorized to 
contract for the whole work of constructing the Hoosac 
Tunnel: provided, that a contract with satisfactory guaran- contract to bo 

' 1^1 1 • c ^ -il • made to complete 

tees, can be made lor tlie completion 01 the same witliin a work in seven 
period of seven years and at a cost not exceeding five mil- Hon' do'iIaM.'' °"^' 
lions of dollars ; and further provided, tha.t in case a contract one million doi- 

,,,, ii"i 1 ■li'j.i lars to be with- 

should be made by the governor and council tor the com- heid until com- 
pletion of the tunnel, there shall be withheld from payment p'-^tion of work. 
under said contract, a sum not less than one million dollars 
until the final completion of said work, and the acceptance 
of the same by the governor and council. 

39 



250 1868.— Chapter 334. 

Section 2. The governor and council are hereby author- 
ized to contract with any person or corporation for the com- 
pletion of the Troy and Greenfield Railroad and Hoosac 
Tunnel, and to dispose of the interest of the Commonwealth 
in the same, and in the Southern Vermont Railroad, upon 
such terms as they may deem for the best interests of the 
Commonwealth, 
draw^n from time Section 3. Whcu a coutract is made as provided in the 
to time. first section of this act, the governor is hereby authorized to 

draw his warrant on the treasurer of tl)e Commonwealth for 
such sums as may be required from time to time for the pur- 
pose of carrying out the provisions of this act, and the sum 
of five millions of dollars is hereby appropriated, and the 
Treasurer to is- trcasurcr of tho Comnionwcalth is hereby authorized, upon 
percent. interest, the Warrant of tlic govcmor, drawn as aforesaid, to issue 
scrip or certificates of debt to the amount of said appropri- 
ation, which shall be expressed in such currency and shall 
bear such rate of interest, not exceeding six per centum 
per annum, as the governor and council may direct, and 
shall be redeemable in not less than twenty nor more than 
tjiirty years from the date thereof, and said treasurer shall 
sell or otherwise dispose of the same as he may deem proper, 
subject to the approval of the governor and council. 
When contract is SECTION 4. Whcu the wholc work shall be put under 

made, board of • n i i i i p • • 

commissioners to coutract, as herctoiore provided, the board oi commissioners 
e^glneerappoint- Created by cliaptcr one hundred and fifty-six of the acts of 
^'^- tiie year eighteen hundred and sixty-two shall be abolished, 

and an engineer to superintend the prosecution of the work 
shall be appointed by the governor and council, whose com- 
pensation shall be fixed by them at a sum not exceeding 
four thousand dollars per annum. Approved June 9, 1868. 

Chat) 334 ^^ -^^^ '^^ authorize the south of EUROPE STEAMSHIP COM- 

■* * PANY TO RUN ITS SHIPS BETWEEN PORTS IN MASSACHUSETTS AND 

PORTS IN GREAT BRITAIN OR IRELAND, AND FOR OTHER PURPOSES. 

Be il enacted^ §c., as folUnvs: 

May ru, ships to SECTION 1. The South of Europc Steamship Company is 

any port in Great i i ii • i j. 'j. i ■ i ^ j. • 

Britain, &c. hereby authorized to run its ships between any ports in 
Massachusetts and any ports in Great Britain or Ireland. 

May change SECTION 2. If Said compauy runs its ships to ports in 

Great Britain or Ireland, it may take the name of the 
Boston, Chicago and Liverpool Steamship Company. 

What to be SECTION 3. If sald coiupaiiy within two years from the 

deemed com- .i i r» * m £• ^i i^ i 

piiance with scveiith day or April or tlie current year, lias one or more 
A^troTises! steamships employed between ports in Massachusetts and 
ports in Great Britain or Ireland, it shall be deemed a com- 
pliance with the provisions of an act approved the ninth 



1868.— Chapters 335, 336. 251 

day of April last, entitled " An Act to renew and extend the 
charter of the South of Europe Steamship Company." 

Approved June 9, 1868. 

An Act in addition to an act concerning the salem turn- QJiap. 335 

PIKE and CHELSEA BRIDGE AND THE SEVERAL TOLL-BRIDGES IN 
ESSEX COUNTY. 

Be it enacted, §'c., as fullows : 

Section 1. The county commissioners of the county of ^"""^y'=<'°'™'«- 

-^ 1 1 • 1 p sioners may hire 

Jiissex are hereby authorized to hire such sums oi money as may money. 
be necessary to enable them to comply with the provisions of 
section eight of the act to which tliis act is in addition. 

Section 2. The first section of the act to which this act Hiehway to be 
is in addition, is hereby amended by adding thereto the hourlnd oTher 
following words : ^^ provided, hoivever, that said highway 5^^jy^'^°^^^^y,^Jj,' 
shall be subject to all the leasehold and chartered rights and sea Railroads, 
liabilities of the Lynn and Boston, and the Boston and 
Chelsea Railroad Corporations." 

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

Approved June 10, 1868. 



Chap. 336 



An Act in addition to " an act to incorporate the institu- 
tion FOR SAVINGS IN ROXBURY AND ITS VICINITY." 

Be it enacted, ^c, as follows : 

Section 1. The Institution for Savings in Roxbury and Trustees to he 

., -TT- ••, 1 • • T\ ^ f 1 chosen annually. 

its Vicinity, at an annual meeting in December or each year, 

shall have power to elect a board of sixteen trustees, wlio 

shall continue in office one year and until others are chosen 

and qualified in their stead, and such board of trustees so — to choof=e aii 

chosen shall have power to elect a president, three vice-presi- o"^"^" offic^'^s. 

dents, a secretary, treasurer, board of investment and all 

such other officers as to them shall appear necessary, which 

officers so chosen shall continue in office until others are 

chosen and qualified in their stead ; all such officers so 

chosen shall be sworn to the faitliful performance of the 

duties of their offices respectively, and the treasurer sliall Treasurer to give 

give bonds to the satisfaction of the said trustees for the 

faithful disciiarge of the duties of his office, and said board 

of trustees shall also have the power of making by-laws for Trustees to make 

the more orderly management of the business of tlie corpo- *'y"'*''^'- 

ration : provided, sueifi by-laws are not contrary to the con- Proviso. 

stitution and laws of this Commonwealth. 

Section 2. Such parts of tlie fourth section of the act Repeal, 
passed in the year one thousand eight hundred and twenty- 
five, entitled, " An Act to incorporate the Institution for 
Savings in Roxbury and its Vicinity," as are inconsistent 
with the provisions of this act, are hereby repealed. 

Approved June 10, 1868. 



252 



1868.— Chapters 337, 338. 



Chap. 337 An Act int addition to an act to incorporate the trustees of 

THE ASHLEY SCHOOL AND q,HARITABLE FUND. 

Be it enacted, Sfc-, as folloivs: 
er?y del^.eror' SECTION 1. TIiG trustecs of tliG Aslilej School and Char- 
bequeathed to jtable Fuiid arG hereby authorized to take, hold and use all 

them by late Tim- •' i i i • t i i 

othy c. Leonard, mouey or otiier property bequeathed or devised to them by 
the will of Timothy C. Leonard, late of West Springfield, 
deceased, in the same manner and to the same uses as are 
set forth in the act approved February sixteenth, in the year 
eighteen hundred and twenty-five, with respect to the money 
or the property bequeathed or devised to them by the will of 
Deacon John Asldey, deceased. 

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

Approved June 10, 18C8. 



CAa/9.338 



Appropriations. 



Elizabeth J. Saw- 
yer. 

Rooms secretary 
board of educa- 
tion and presi- 
dent of senate. 



Increase N. Em- 
erton. 

James Kane. 
John Mclntire. 

Blind Asylum. 

Andrew Falvey. 
YV'oburn. 



An Act in addition to an act making appropriations to meet 

CERTAIN expenditures AUTHORIZED THE PRESENT YEAR, AND 
FOR other purposes. 

Be it enacted, Sfc, as follows : 

Section 1. The sums hereinafter mentioned are appro- 
priated to be paid out of the treasury of the Commonwealth, 
from the ordinary revenue, except in cases otherwise ordered, 
for the purposes specified in certain acts and resolves of the 
present year, herein cited, and for other purposes, to wit : — 

In the resolve, chapter two in favor of Elizabeth J. Saw- 
yer, the sum of seventy-two dollars. 

In the resolve, chapter three, relating to the construction 
of doorways and rooms for the president of the senate and 
secretary of the board of education, a sum not exceeding 
two thousand four hundred dollars. 

In the resolve, chapter four, in favor of Increase N. 
Emerton, the sum of fifty-two dollars. 

In the resolve, chapter five, in favor of James Kane, the 
sum of one liundred dollars. 

In the resolve, chapter eleven, in favor of John Mclntire 
and wife, the sum of seventy-five dollars, for the present 
year. 

In the resolve, chapter twelve, in favor of the Perkins 
Institution and Massachusetts Asylum for the Blind, a sum 
not exceeding nine thousand dollars, in addition to the 
amount heretofore appropriated, for the current expenses of 
said institution. 

In the resolve, chapter thirteen, in favor of Andrew Fal- 
vey, the sum of seventy-two dollars. 

In the resolve, chapter fifteen, in favor of the town of 
Woburn, the sum of two hundred and twenty-five dollars. 



1868.— Chapter 338. 253 

In the resolve, chapter sixteen, in favor of Isaac H. Jacoy, Isaac n. jacoy. 
the sum of fifty dollars. 

In the resolve, chapter seventeen, in favor of William wniiam Gunn. 
Gunn, the sum of two hundred and eighty-nine dollars. 

In the resolve, chapter nineteen, in favor of company B, ^o. b, 6th Reg't 
Sixth regiment Massachusetts militia, a sum not exceeding 
one hundred dollars and ninety cents. 

In the resolve, chapter twenty-one, in favor of Mary Ann MaryA. Noian. 
Nolan, the sum of seventy-five dollars. 

In tlje resolve, chapter twenty-two, in favor of the Massa- Eye and Ear in- 
chusetts Charitable Eye and Ear Infirmary, the sum of five ^'''"'"'y- 
thousand dollars. 

In the resolve, chapter twenty-three, in favor of the state |g''^^g^'"/'^°"'®' 
almshouse at Tewksbury, a sum not exceeding*six thousand 
dollars, payable upon properly approved vouchers filed with 
the state auditor. 

In the resolve, chapter twenty four, in favor of the Indus- industrial school 

• 1 .. . 1 f. Vi- 1 ^ T ii 1 for Girls. 

trial School for Girls, a sum not exceeding one thousand 
five hundred dollars, payable upon properly approved vouch- 
ers, filed with the state auditor. 

In the resolve, chapter twenty-six, in favor of the state state almshouse, 
almshouse at Tewksbury, a sum not exceeding five thousand '''^ "^ '"^' 
dollars, payable upon properly approved vouchers filed with 
the state auditor. 

Ill the resolve, chapter twenty-seven, in favor of the New nospitai for 
England Hospital for Women and Children, the sum of one chudren.*" 
thousand dollars. 

In the resolve, chapter twenty-eight, in favor of Loa N. Loa n. Peabody. 
Peabody, the sum of one hundred dollars. 

In the resolve, chapter twenty-nine, in favor of Dora S. coras. Foster. 
Foster, the sum of two hundred and sixteen dollars. 

In the resolve, chapter thiity-two, in favor of Barnard C. ^^'"'^^'"^ c. Mar- 
Marchant, a sum not exceeding two hundred dollars ; and 
also the sum of one hundred and four dollars, the latter 
payable from the income of the Massachusetts school fund. 

In the resolve, chapter thirty-three, in favor of the Massa- state prison. 
chusetts state prison, a sum not exceeding eight thousand 
two hundi-ed dollars. 

In the resolve, chapter thirty-four, in favor of the town of Edgartown. 
Edgartown, the sum of twenty-nine dollars and fifty cents. 

In the resolve, chapter thirty-five, in favor of xVbiah Abiah Thomas. 
Thomas, the sum of two hundred and twenty dollars. 

In the re^olve, chapter tliirty-six, in favor of the guardian Punkapogin- 
of the Fuukapog tribe of Indians, a sum not exceeding six 
hundred and fifty-four dollars. 



254 



1868.— Chapter 388. 



John Murphy. 



Mount Holyoke 
Female Semin- 
ary. 



6ideon Haynes. 



School for Idiotic 
and Feeble Mind- 
ed Youth. 



Discharged Sol- 
diers' Home. 

Washingtonian 
Home. 



Assistant attor- 
ney-general. 



Justice police 
court, Fitchburg. 



State scholar- 
ships. 



Legislative com- 
mittees, expenses 



Witnesses. 



Printing and 
binding for leg- 
islature. 



Blanks, &c., for 
egislature. 



Ill the resolve, chapter thirty-eight, in favor of John Mur- 
phy, the sum of three hundred and twenty-five dollars. 

In the resolve, chapter thirty-nine, in favor of the Mount 
Holyoke Female Seminary, the sum of forty thousand 
dollars. 

In the resolve, chapter forty-two, in favor of Gideon 
Haynes, a sum not exceeding six hundred dollars. 

In the resolve, chapter forty-three, in favor of the Massa- 
chusetts School for Idiotic and Feel)le-Minded Youth, a sum 
not exceeding fifteen thousand dollars. 

In the resolve, chapter forty-five, in favor of the Discharged 
Soldiers' Home, the sum of fifteen thousand dollars. 

In the resolve, chapter forty-eight, in favor of the Wash- 
ingtonian Home, the sum of six thousand dollars. 

In the act, chapter ninety-three, establishing the office of 
assistant attorney-general, a sum not exceeding one thousand 
three hundred and fifty dollars for the salary of the incum- 
bent of said office for the present year. 

In the act, chapter one hundred and twenty-four, estab- 
lishing a police court in Fitchburg, a sum not exceeding 
nine hundred and seventy-five dollars for the salary of the 
standing justice of said court for the present year. 

For the support of state scholarships, a sum not exceeding 
two hundred dollars in addition to the amount heretofore 
appropriated, and payable from the income of the Massachu- 
setts school fund. 

For expenses of legislative committees, a sum not exceed- 
ing four thousand dollars, in addition to the amount hereto- 
fore appropriated, and the auditor of accounts is hereby 
authorized to audit the advertising bills of such committees 
upon the approval of the chairmen thereof or of the ser- 
geant-at-arms. 

For fees of witnesses before legislative committees, a sum 
not exceeding six hundred dollars in addition to the amount 
heretofore appropriated. 

For printing and binding, ordered by the senate or house 
of representatives, or by the concurrent order of the two 
branches, a sum not exceeding fifteen thousand dollars in 
addition to the amount heretofore appropriated. 

For printing blanks aiid circulars and the calendar of. 
orders of the day for the use of the senate, a sum not exceed- 
ing two hundred dollars, and for the use of the house of 
representatives, a sum not exceeding two hundred dollars ; 
the same to be in addition to the amounts heretofore appro- 
priated. 



1868.— Chapter 338. 255 

For the compensation of the state police, a sum not state poUce. 
exceeding seventy-one thousand dollars ; for travelling 
expenses of the state police, a sum not exceeding twenty- 
three thousand and two hundred dollars ; and tor clerical, 
contingent and incidental expenses of the constable of the 
Commonwealth, a sum not exceeding six thousand and five 
hundred dollars ; the same to be in addition to the amounts 
heretofore appropriated : provided^ that no pari of the sums Proyiso. 
appropriated by Uie above act shall be expended for the fjay- 
ment ^of a greater number of deputies of the state con- 
stable than the minimum now established by existing laws ; 
and no member of the state police shall be entitled to receive 
any fees for travel or attendance as a witness, but all fees 
earned by the police force shall be paid to the treasurers of 
the several counties. 

For the expenses incurred on account of Indians, a sum Troy Indiana. 
not exceeding three thousand dollars, viz. : to the guardian of 
the Troy Indians, for their support, a sum not exceeding 
seven hundred dollars, and for the salary of said guardian, 
the sum of one hundred dollars ; to the guardian of the Dudley Indiana. 
Dudley Indians, a sum not exceeding twelve hundred dollars 
for their support, and for the salary of said guardian, the 
sum of one hundred dollars; for the salary of the guardian christiantown 
of the Christiantown and Chappequiddic Indians, the sum of di'c'^iud'ians!^"' ' 
one hundred and fifty dollars ; for the salary of the guardian 
of the Punkapog Indians, the sum of forty dollars; to the Marshpeein- 
treasurer of tlie Marshpee Indians, for the support of cer- '^"'°^" 
tain old state paupers, a sum not exceeding three hundred 
dollars, payable only upon a detailed account of such expen- 
diture rendered to the state auditor; and the balance to be 
applicable to the payment of such other expenses on account 
of Indians as are authorized by statute. 

The following sums shall be allowed and paid : 

For costs and court expenses incurred by the insurance insurance com- 
commissioner under the provisions of section seventy-seven ■"'''*"'°"- 
of chapter fifty-eight of the General Statutes, a sum not 
exceeding one hundred dollars. 

For the engraving and printing of state scrip, a sum not EngraTing, &c., 
exceeding two thousand dollars, payable from the proceeds '"'"""'p- 
of the loan authorized by the legislature of the present year, 
in aid of the Troy and Greenfield Railroad and Hoosac 
Tunnel. 

For the restoration of mementos and the re-opening of Alterations in 
windows in the senate chamber, in accordance with the 
senate orders of January twenty-fourth and March fifth of 



56 



1868.— Chapter 338. 



Rent, &o., of 
house ill Tre- 
mout street. 



Weights, &c., for 
towus. 



Isaac Flye and 
wife. 



H. D. Parker. 



Oliver Nowell. 



Stephen I. New- 
maa. 

Elizabeth W. 
Morse. 



Emily I. Cre.«sy. 



David E. Black- 

Btock. 



John B. Morrill. 

John B. Mans- 
field. 
William N. Hoyt. 

George A. Morrill 

Daniel M Curtis. 
A. I. Wadleigh. 
S. £. Currier. 



tlie present year, a sum not exceeding six hundred fifteen 
dollars and sixty-one cents. 

For rent of house number one hundred and forty-eight 
Tremont street, Boston, and for expenses connected there- 
with, to March thirty-first of the present year, the date at 
which the Commonwealth vacated said premises, a sum not 
exceeding two thousand six hundred forty-four dollars and 
eighty-two cents. 

Fwr the purchase of standard weights, measures and 
balances for the use of towns entitled to the same, a sum not 
exceeding nine hundred dollars. 

Thei'e shall be allowed and paid to Isaac Flye and his wife, 
state aid from the first day of April, iii the year eighteen 
hundred and sixty-eight, at the rate of one dollar a week for 
said Isaac Flye and one dollar a week for his wife. 

There shall be allowtid and paid to H D. Parker and 
Company, the sum of seven hundred and eighty-four dollars 
and twelve cents. 

There shall be allowed and paid to Oliver Nowell, the sum 
of twelve hundred and ninety-seven dollars and seventy-nine 
cents. 

There shall be allowed and paid to Stephen I. Newman, 
the sum of fifty dollars. 

There shall be allowed and paid to Elizabeth W. Morse, 
the sum of fifty dollars for state aid ; and on and after the 
first day of May, in tlie year eighteen hundred and sixty- 
eight, said Elizabeth W. Morse and her children shall be 
taken and deemed to be entitled to receive the same amount 
of state aid as though she had been married to her husband, 
now deceased, before he was discharged from the volunteer 
service. 

There shall be allowed and paid to Emily I. Cressy, the 
sura of seventy-five dollars fi^r state aid ; and on and after 
the first day of May, in the year eighteen hundred and 
sixty-eight, said Emily I. Cressy shall be taken and deemed 
to be entitled to receive the same amount of state aid as if 
she were a widowed mother. 

There shall be allowed and paid to David E. Blackstock, 
eighty dollars ; to Simeon H. Davenport, one hundred and 
twenty dollars ; to George P. True, forty doUai-s ; to John 
B. Morrill, one hundred and twenty dollars ; to John B. 
Mansfield, eighty dollars; to William N. ILn't, one hundred 
and twenty dollars ; to Abner Gill, one hundred and twenty 
dollars ; to George A. Morrill, eighty dollars ; to Daniel M. 
Curtis, eighty dollars ; to Andrew I. Wadleigh, eighty dol- 
lars ; to Sarah E. Currier, widow of John F. Currier, eighty 
dollars. 



1868.— Chapter 339. 257 

The sum appropriated in cliapter three hundred and fifty- 
four of the acts of the year eighteen hundred and sixty-seven 
is hereby re-appropriated. 

For the compensation of senators, a sum not exceeding pay of senators, 
twenty thousand five hundred dollars, wliich shall be allowed 
and paid, to be in addition to a former appropriation. 

For the compensation of representatives, a sum not Pay of represen- 
exceeding one hundred and twenty thousand five hundred 
dollars, in addition, to be allowed and paid. 

For the compensation of Benjamin 0. Dean, assistant- Aseistant-cierks 
clerk of the senate, and William A. Crafts, assistant-clerk of house of repre- 
the house of representatives, each the sum of seven hundred '•^°"*'"^^^- 
and fifty dollars for their services at the present session of 
the legislature, to be allowed and paid. 

For the compensation of the door-keepers, messengers Door-keepers. 
and pages of the senate and house of representatives, a sum "^^^'^^"sers, 
not exceeding ten thousand four hundred dollars, to be 
allowed and paid, in addition. « 

For the chaplains of the senate and house of representa- chaplains, 
lives four hundred dollars, in addition, to be allowed and 
paid. 

For the compensation of the lieutenant-governor and i-'eutenant gov- 

i c^ ernor and couu- 

council, a sum not exceednig four thousand dollars, m addi- cu. 
tion, to be allowed and paid. 

There shall be allowed and paid the sum of twenty-five Asyium for du- 

1 11111 1 1 f 1-1 1 charged Female 

hundred dollars to the temporary asylum lor discharged Prisoners at oed- 
female prisoners at Dedham: provided, that a like sum shall Pr^iso. 
be realized during tlie current year by private donations, a 
sworn certificate of which shall be deposited with the auditor 
of the Commonwealth before said sum of twenty-five hun- 
dred dollars shall be paid from the treasury. The managers Managers to re- 
ef said asylum shall report to the next legislature an p°J^ **" ^^s'sia- 
account of its receipts and expenditures the current year. 
Section 2. This act shall take effect upon its passage. 

Approved June 10, 1868. 
An Act in addition to an "act relating to certain sinking Chap. 339 

FUNDS OF THE COMMONWEALTH." -^' 

Be it enacted, Sfc, as follows : 

Section 1. The first section of the one hundred and chap. lee. n,of 
sixty-sixth chapter of the acts of the current year, entitled ftrued!^^^^' *'**"" 
" An Act relating to certain sinking funds of the Common- 
wealth," shall not be so construed as to prevent the payment 
from the proceeds of the coast defence scrip, of the appro- 
priation for the protection and preservation of Cape Cod 
harbor, at Provincetown, contained in the fortieth chapter of 
the resolves of the current year ; but the same shall be paid 
40 



258 1868.— Chapters 340, 341, 342. 

out of tlio proceeds of said scrip, in pursuance of said 
resolve. 

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

Approved June 10, 1868. 

Chap. 340 -^^ ^^"^ ^"^ AMEND AN ACT TO INCORPORATE THE DUXBURT AND 

COHASSET RAILROAD COMPANY. 

Be it enacted, t^c, a.s- follows : 

mT-l^ke *s°toc"k Section 1. The fifth section of the sixty-fifth chapter of 
in Duxburv aud tlic acts of tlic jcar eighteen hundred and sixty-seven is 
hereby so amended that the towns therein named are author- 
ized to subscribe for and hold stock in the Duxbury and 
Cohasset Railroad Company whenever a majority of the 
* voters of said towns, respectively, present and voting at legal 
town meetings duly called for tbat purpose, shall so vote. 
Time for locat- SECTION 2. Tlic time for locating and constructing the 
tended. '' Duxbury and Cohasset Railroad is hereby extended two 

years beyond the time named in said act. 

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

Approved June 10, 1868. 

Chat). 341 ^^ ^^"^ "^^ AUTHORIZE THE SERGEANT-AT-ARMS TO EMPLOY ADDI- 
^ ' TIONAL SERVICE IN THE STATE HOUSE. 

Be it enacted, ^'c, as folio ms : 
Engineer at State Tho sergcant-at-arms is hereby authorized to appoint an 

engineer, whose duty it shall be to take charge of the heating 
Salary, &c. and veutilatiou of the state house, at a salary of fifteen hundred 
Assistant-watch- doUars a year, and an assistant-watchman, at a salary of one 

maDandnremen. , i i n i , ^ \ n i 

thousand dollars a year, and not more than two hremen, whose 
united compensation shall not exceed twelve hundred dollars 
a year ; and the sergeant-at-arms shall be responsible for the 
fitness and good conduct of the said persons, and he may 
remove them at his discretion. Approved June 10, 1868. 

Chan 342 ^^ ^^^ '^^^ authorize cities AND TOWNS TO DISPOSE OF LIQUORS 
^' IN THE HANDS OF CITY AND TOWN AGENTS. 

Be it enacted, ^~c., as follows : 
Liquors in hands SECTION 1. The mayor and aldermen of the several cities, 
be (MspoMd of! ° and the selectmen of the several towns of this Common- 
wealth, are hereby authorized to dispose of any liquors 
which may remain in the hands of the several city or town 
agents of said cities and towns, at the time of the repeal of 
the eighty-sixth chapter of the General Statutes, to any 
parties duly licensed to sell and keep the same under the 
provisions of the one hundred and forty-first chapter of the 
laws of the year eighteen hundred and sixty-eigiit, without 
paying any license therefor. 

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

Approved June 10, 1868. 



1868.— Chapter 343. 259 

An Act in further addition to- an act making approprta- Qfi^yy 34.3 
TiONs to mekt ckrtain kxpknditures authorized the present -t ' 

YEAR, and for OTHER PURPOSES. 

Be it enacted, ^-c, as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated to be paid out of tlie treasury of this Common- *" 
wealth, from the ordinary revenue, except in cases other- 
wise ordered, for the purposes specified in certain acts and 
resolves of the present year, and for other purposes, to wit: 

In the resolve, chapter forty-nine, relating to the publica- spemiiaws. 
tion of special laws, a sum not exceeding seven thousand 
dollars. 

In the resolve, chapter fifty-two, in favor of tlie Spring- ^p/'IJ,?^^'^^^"^"^ 
field Home for friendless Women and Children, the sum of cMidren. 
two thousand dollars. 

In the resolve, chapter fifty-four, relating to the pur- schouier's ms- 
chase of Schouier's History, a sum not exceeding five °'^^' 
thousand dollars. 

In tlie resolve, chapter fifty-five, in favor of Indian schools Jj[!fjg'',]',^g''°°'^'' 
in the district of Marshpee, the sum of seventy-five dollars, ' 
payable from the income of the Massachusetts school fund. 

In the resolve, chapter fifty-six, in favor of Indian schools Indian schools, 
at Gay Head, the sum of one hundred and fifty dollars, ^^ 
payable from the income of the Massachusetts school fund. 

In the resolve in favor of Herman Haupt and Company, Herman Haupt 
the sura of fifty-three thousand dollars. 

In the resolve in favor of the Museum of Comparative Museum of zo-oi- 
Zoology and the trustees of Williams College, the sum of couege. 
fifty thousand dollars. 

In the resolve in favor of the widow and minor child of ^'^"oo^g"^"'^" 
John H. Brooks, the sum of one thousand dollars. 

In the resolve in favor of the state almshouse at Monson, state almshouse 
a sum not exceeding five thousand dollars, payable upon ^ 
approved vouchers filed with the state auditor. 

In the resolve in favor of Gershom B. Weston, the sum of oe^rshom b. wes- 
one hundred and fifty dollars. 

In the resolve concerning repairs and inprovements of the Repairs, &c., 
state house, a sum not exceeding one thousand dollars, for LegiLtivr com- 
the compensation and expenses of the legislative committee mittees, expenses 
therein authorized. 

In the act relating to the Charles River and Warren charies River 
Bridges, a sum not exceeding one thousand dollars, for the Brfdgel'^"''" 
compensation and expenses of the commissioners therein 
authorized. 

For expenses on account of repairs and improvements in Repairs, state 
and about the state house, a sum not exceeding five thou- ''°"^^' 



260 



1868.— Chapter 343. 



Justice police 
court, Spring- 
field. 



Ventilation, &c., 
senate chamber. 



Flags taSs. 



Fuel and lights. 



Contingent ex- 
penses, senate 
and house. 



Engineer, fire- 
men and assist- 
ant-watchman. 



Pay of senators. 



■^ — of representa- 
tives. 



Door-keepers, 
messengers, &c. 



Clerks of senate 
and house : jour- 
nals. 



sand seven hundred dollars, in addition to the amount 
appropriated in chapter one hundred and eighty-four of tlie 
acts of the present year. 

In the act establishing the salary of the justice of the 
police court in Springfield, a sum not exceeding five hun- 
dred dollars, in addition to the amount heretofore appropri- 
ated for the present year. 

For the publication of the militia laws of the Common- 
wealth, in accordance with the order of the house of repre- 
sentatives, a sum not exceeding three hundred and fifty 
dollars. 

For expenses on account of reseating and ventilating the 
senate chamber, in accordance witli the order of the senate, 
a sum not exceeding three thousand dollars. 

For expenses on account of the removal and erection of 
flagstafifs, as ordered by the legislature, a sum not exceeding 
one thousand dollars. 

For fuel and lights, a sum not exceeding one thousand 
five hundred dollars, in addition to the amount heretofore 
appropriated for the present year. 

For contingent expenses of the senate and house of 
representatives, and necessary expenses in and about the state 
house, a sum not exceeding one thousand dollars, in addition 
to the amount heretofore appropriated for the present 
year, the same to be subject to the restrictions specified in 
the former appropriation for this purpose. 

In the act relating to an engineer, firemen and assistant 
watchman for the state house, a sum not exceeding two 
thousand six hundred dollars. 

For the compensation of senators, a sum not exceeding 
four hundred and ten dollars, which shall be allowed and 
paid, in addition to the appropriations heretofore made. 

For the compensation of representatives, a sum not exceed- 
ing two thousand four hundred and ten dollars, which shall 
be allowed and paid, in addition to tlie appropriations here- 
tofore made. 

For the compensation of door-keepers, messengers and 
pages to the senate and house of representatives, a sura not 
exceeding nine hundred and eighty-six dollars, whicii shall 
be allowed and paid, in addition to the appropriations here- 
tofore made. 

To the clerks of the senate and house of representatives, 
for extra services in the preparation of the journals of the 
two branches for publication, a sum not exceeding four 
hundred dollars. 



1868.— Chapters 344, 345, 346. 261 

For expenses of the legislative committee on prisons, a committee on 
sum not exceeding one hundred and thirt^'-six dollars and p"^°"^' 
eighty cents. 

For the salary of the constable of the Commonwealth, a constable of the 
sum not exceeding two thousand seven hundred and fifty '""'"°""®* 
dollars, in addition to the amount heretofore appropriated 
for the present year. 

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

Approved June 10, 1868. 

An Act in relation to the electio^j of special commissionp:r3 
for the county of suffolk, under the act to regulate the 



CAa/?.344 



sale of intoxicating liquors. 
Be it enacted, ^'c, as folloics: 

Section 1. Chapter three hundred and eighteen of the spedai commis- 
acts of the current year is hereby so amended that the fo°kTobe°eiect"d 
election of special commissioners for the county of Sutfolis: '""'"'^^• 
under the act to regulate the sale of intoxicating liquors, 
shall be held on the fourth Wednesday of June of the 
current year. 

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

Approved June 10, 1868. 



Chap. 345 



An Act in addition to an act in relation to the election and 

duties of overseers of the poor of the city of LYNN. 

Be it enacted, §"c., as follows: 

The three hundred and eighth chapter of the acts of the chap sos, Acts 

.,,,.". , ■-. , , , . , of 1868, amended 

current year, entitled An Act ni relation to the election and 
duties of overseers of the poor of the city of Lynn, is 
hereby amended by inserting after the words " concurrent 
vote" in the first section, the words "of the two branches 
of the city council of said city." Approved June 10, 1868. 



An Act to provide for the dissolution or dismemberment of 
fire districts in certain cases. 



Chap, 346 

Be it enacted, §'c., as follows : 

Section 1. Fire districts formed of portions of more Fire districts may 
than one town, may be dissolved in the manner hereinafter * '''^° "^ ' 
provided. 

Section 2. Seven or more voters in any such district Meeting to be 

r-t -11 11/. 1 I*- • !• called and cm- 

may, at any time, file with the clerk or such district an appli- cers chosen. , 

cation in writing, requesting him to call a meeting of such 
district ; and he shall immediately thereupon cause such 
meeting to be called in the manner prescribed by the thirty- 
ninth section of the twenty-fourth chapter of the General 
Statutes ; and he shall further set forth in the notification 
of such meeting, that the same is called to consider the expedi- 



262 



1868.— Chapter 347. 



Property to be 
divided by a com- 
mittee of seven 
voters. 



If committee can- 
not agree, coun- 
ty commissioners 
to decide, &c. 



Part of district 
comprised iu 
one town may 
withdraw. 



Division of prop- 
erty. 



Chap 



P.uilroad corpora- 
tiiiiia may sub- 
scribe five per 



ency of dissolving the district. Such meeting shall be organ- 
ized by the choice of a moderator and clerk. 

Section 3. If a majority of the votes at said meeting 
shall be in favor of a ciissoUition of sucli district, then the 
property and assets, as well as the debts and liabilities of 
such district, shall be equitably divided and apportioned 
between the parts of said district composed of inhabitants of 
the several towns, in such manner as a committee of seven 
voters in said district, to be elected by ballot at such meet- 
ing, shall agree upon : provided, the plan adopted by said 
committee shall be ratified by said district at a meeting 
called to consider their report. 

Section 4. In case the committee shall be nnable to 
agree upon such division, or their plan fail to be ratified l)y 
the district, they shall, within ten days after such inability 
or failure, notify the county commissioners of the county iu 
which any one of the towns in part composing the fire dis- 
trict is situated, of such disagreement or refusal to ratify, 
and said commissioners shall forthwith give notice of a time 
and place to hear and decide the matter in dispute. And 
said commissioners shall, at said time and place, alter hear- 
ing such parties as may desire to be heard, make an award 
in writing upon the whole matter submitted to them. 

Section 6. In case the portion of any fire district com- 
posed of parts of several towns, which is comprised in any 
one town, desires to withdraw from said district, and shall 
so decide at a meeting of the inhabitants of such town, being 
legal voters in such district, to be called and warned in the 
manner provided in the second section of this act, then it 
shall be lawful for such territorial portion of the district 
so voting, to withdraw from such district ; and they shall be 
entitled to receive such share of the property of said district, 
and shall be liable to such portion of the total indebtedness 
of the same as may be agreed upon between the part of said 
district so withdrawing and the remainder of tlie district ; 
and in case no such agreement can be made, then said mat- 
ters in dispute shall be considered and decided by the county 
commissioners, in the manner provided in the fourth section 

of this act. Approved June 11, 1868. 

. 347 -^^^ ^^^ ^^ AUTHORIZE RAILROAD CORPORATIONS TO SUBSCRIBE 
TO THE CAPITAL STOCK OF STEAMSHIP CORPORATIONS DULY 
CHARTKRED BY THE LAWS OF THIS COMMONWEALTH. 

Be it enacted, ^'c, as folloivs : 

Section 1. Any railroad corporation chartered by this 
Commonwealth shall have authority to subscribe an amount 



steam'ship'^stock! ^^0^ excccding fivc per cent, of its capital stock, to the cap- 
ital stock of any incorporated line of steamships chartered 



1868.— Chapter 348. 263 

under the laws of this Commonwealth for tlie purpose of 
carrying freight, passengers and mails, between any port in i 

this Commonwealth and Europe : provided, said corporation, Prorisos. 
at any legal meeting of its stockholders called for that 
specific purpose, shall elect so to do ; and provided, furlher, 
that such subscriptions are made within six months from the 
passage of this act. 

Section 2. Any railroad company, not acting under the May guarantee 
provisions of the first section of this act, may guarantee the ship'^compaDlS.' 
bonds of any corporation, authorized to establish a line of 
steamboats as aforesaid, to an amount not exceeding five per 
cent, of the capital stoclc of said railroad company, upon 
adequate security therefor, or to issue its own bonds to the 
same amount, bearing interest at the rate of six per centum 
per annum, and to secure the same by a mortgage of the 
railroad equipment and franchise of said company. 
. Section 3. This act shall take effect upon its passage. 

Approved June 11, 1868. • 
An Act requiring the eastern railroad company to erect (J]ian. 348 

A station-house on central square in LYNN. "' 

Be it enacted, Sec, as follows : 

Section 1. The Eastern Railroad Company is hereby to erect new sta- 

, . , 1 • j^ • ii tion-houae, Cen- 

required to erect a new station-house and to manitani ' the traisquare,Ljnn 

same on said railroad at the central station on Central 

Square in Lynn, reasonably commodious for the use of 

passengers, together with sufficient platforms, and containing 

a ticket-office and separate apartments for men and women ; 

and said company is liereby authorized to take such land as May take land, 

may be necessary for the erection of said station-house, with 

proper approaches tliereto, under the provisions of the 

statutes autliorizing railroad corporations to take land for 

the construction of railroads. 

Section 2. In case of neglect or failure of said corpora-^ s. j. c. mayap- 
tion to erect such station-house as aforesaid within six signers audc"m- 
months from the passage of this act, the supreme judicial form?rfc"^of^re' 
court may, on the application of any twenty five legal voters ^uu-ements of 
in the city of Lynn and notice to said corporation, appoint 
three commissioners at the expense of said corporation, who 
shall decide all questions relating thereto, that may arise 
between the parties ; and the said court or any judge 
thereof shall have full power and authority to make any 
decisions or pass any orders in the premises that may be 
suitable, to compel a specific performance of the require- 
ments of this act. 

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

Approved June 11, 1868. 



264 



1868.— Chapter 349. 



Chap. 349 



Shares of stock 
in banks, owned 
by nou-residents, 
to be assessed 
where banks are 
located. 



Proportionate 
value of real 
estate to be 
first deducted. 



Tax to be lien 
upon shares. 



Collector may 
distrain, &c., 
if tax is not 
paid. 



Proviso. 



Shares owned by 
residents to be 
taxed as hereto- 
fore. 



Savings banks 
and stock insur- 
ance companies 
not to be taxed 
for shares in na- 
tional banks. 



Shares of non- 
residents to be 
omitted from the 



Ax Act concerning the taxing of bank shares. 
Be it enacted, ^"c, as follows : 

Section 1. All the shares of stock in banks, whether of 
issue or not, exis^ting by authority of the United States or of 
this Commonwealth, and located within the Commonwealth, 
owned by non-residents of this Commonwealth, shall be 
assessed to the owners thereof in the cities or towns where 
such banks are located, and not elsewhere, in the assessment 
of all taxes imposed and levied in such place by the authority 
of law, at the market value of such shares on the first 
day of May of the year in which the tax shall be assessed, 
first deducting therefrom the proportionate part of the value 
of the real estate belonging to the bank, at the same rate, 
and no greater, than that at which other moneyed capital in 
the hands« of citizens of such city or town, and subject to 
taxation, is by law assessed. 

Section 2. Any tax so assessed shall constitute a lien- 
upon the shares in respect to which such assessment is made, 
from the first day of May of the year in which the tax is laid 
till the tax shall be paid. 

Section 3. If any tax so assessed shall not be paid, the 
collector or other officer authorized to collect taxes, shall levy 
the same by distraint or by seizure and sale of the sliares in 
respect of which the tax is assessed, in accordance with the 
provisions of law for the seizure and sale of shares in the 
capital stock of corporations existing under authority of this 
Commonwealth, for non-payment of taxes : provided, that 
said collector shall, ten days at least before making such 
distraint or seizure, demand the amount of tax due and legal 
charges, at the usual place of business of said bank, by written 
or printed demand addressed to t!ie stockholder and given to 
the cashier or other officer of such bank, upon whom service 
of legal process against such" bank may by law be made, and 
no other demand shall be necessary. 

Section 4. All shares of stock in the banks aforesaid 
owned by residents of this Commonwealth, shall be assessed 
to the owners thereof, as provided in chapter two hundred 
and forty-two of the acts of the year eighteen hundred and 
sixty-five : provided, that no stock in'surance corporation, 
savings bank, or institution for savings, incorporated under 
the laws of this state, including the Mercantile Savings Insti- 
tution, in the city of Boston, otherwise taxed under the laws 
of this state, shall be taxed for its investments in the shares 
of national banks within tiiis Commonwealth. 

Section 5. Assessors of any city or town in which any 
national bank or banking association is located, for the pur- 



1868.— Chapter 350. 265 

pose of ascertainins: the rate at which taxes shall be assessed, valuation upon 

r o • 1 1 • 1 wnicQ rate is Das- 

shall omit from the valuation upon which the rate is to be ed. 
based, the value of all shares held by non-residents of this 
state, and no tax of any city or town shall be invalidated by 
reason of any excess of the amount thereof over the amount 
to be raised in consequence of the provisions of this act. 

Section 6. It shall be the duty of the assessors to make Assessors to make 
return to the state treasurer, of the assessment of the shares ^ent° to^stetJ 
of non-residents of this state in each bank in their respective treasurer, 
cities and towns, within ten days after the assessment of the 
same ; and it shall be the duty of the collector of each city 
or town to use his best endeavors to collect the taxes so 
assessed. The treasurer of each town or city shall, on or Treasurer to pay 
before the first Monday in December of each year, pay over ^JeLurertaxc*!- 
to the state treasurer the amount of such tax so collected, less o7coUecting,&c' 
the cost of assessing and collecting the same. And the state 
treasurer may offset amounts due and payable by any city 
or town to the state, under this act, against amounts due from 
the state to such town or city. 

Section 7. This act shall take effect upon its passage, when to take 
and shall apply to taxes assessed and collected for the present ''^'"'^' *'°' 
year, in the same manner and to the same effect as if it had 
been in force on the first day of May. Approved June 11, 1868. 

An Act supplkmental to an act in further addition to an Qhnjj Q5Q 

ACT PROVIDING FOR THE MORE SPEKDY COMPLETION OF THE TROY " " 

AND GREENFIELD RAILROAD AND HOOSAC TUNNEL. 

Be it enacted, §'c., as follows: 

Section 1. The Hoosac tunnel shall be constructed with Tunnel to be 
a width sufficient to permit the construction and use of two euou^gh \l 
railway tracks through the same, and a single track shall be '^o tracks. 
properly laid and ready for use through the tunnel, and the 
contract under the act to which this is supplementary shall 
include the construction of the same. 

Section 2. The governor and council are hereby author- Kngineers to be 
ized to appoint such engineers and superintendents of the compen'^ation^fi'x^ 
work on the Hoosac tunnel as they shall deem expedient and anci'7ouncir"'"^ 
necessary, and fix their compensation. 

Section 3. The sum of two hundred and fifty thousand $250,000 may be 
dollars may be expended prior to October first in meeting undW existing 
expenses under contracts already made, and paying off ^""/u^.'^' 'fj^^ 
existing liabilities and prosecuting the work on the tunnel, $6,000,000. 
which sum shall be taken from the appropriation heretofore 
made for the tunnel, and shall constitute a part of the five 
millions of dollars authorized in the act to which this act is 
supplementary. 

41 



266 1868.— Chapters 351, 352. 

Payments to be SECTION 4. TliG coiitract shall provide for payments bv 

nwde as work • , i , , i i • i i ', 

progresses. instalments as the work progresses, ni such manner, that not 
less than twenty per centum of each amount due shall be 
reserved for a final payment on the completion of the same. 

Not more than SECTION 5. No more than one million dollars shall be 

$1,000,000 to be • . J J • ] X c .1 X 4.1 

paid the present appropriated and paid out oi the treasury the present year 
^®"' under this act or the act to which this is supplementary. 

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

Approved June 11, 1868. 

Chap. 351 ^^ ^^"^ ^^ ADDITION TO AN ACT TO ESTABLISH THE COUNTY SKAT 
^ ' OF THE COUNTY OF BERKSHIRE AT PITTSFIELD AND FOR OTHER 

PURPOSES. 

Be it enacted, Sfc, as follows : 
cierk'soffice,&c. Tlic provisioiis of chapter three hundred and twenty-five 
Lenox until new of the acts of thc ycar eighteen hundred and sixty-eight, 
ullit in''"pitts- entitled an Act to establish the county seat of the county 
^^^'^' of Berkshire at Pittsfield, and for other purposes, is so far 

amended as that the offices of the clerk of the courts, the 
register of probate and the county treasurer of the county 
of Berkshire, and of the register of deeds for the middle 
district in said county, with the records and documents per- 
taining to said offices respectively, shall remain in the court 
house in Lenox until sufficient accommodation is profided for 
them in the new court house in Pittsfield, anything in the 
act to which this act is in addition, to the contrary notwith- 
standing. Approved June 11, 1868. 

Cko)) 352 -^^ ^^^ ^^ INCORPORATE THE MAVERICK BRIDGE COMPANY. 

Be it enacted, Sfc, as follotos : 
Corporators. SECTION 1. Gilbert E. PiercG, Nehemiah Gibson, Samuel 

Hall, Nathaniel McKay, Charles R. McLean, Jeremiah H. 

Pote, Abraham S. Foss, their associates and successors, are 
Name. hereby made a corporation by the name of the Maverick 

dutier*"'^ Bridge Company; with all the powers and privileges, and 

sul)ject to all the duties, liabilities and restrictions set forth 

in the sixty-eighth chapter of the General Statutes. 
May erect bridge SECTION 2. Thc Said corporatlou is hereby empowered 

from Boston to , i • t i • i i i ^ xi 

East Boston. aiid authoi'ized to erect a bridge over the water between tne 
mainland in the city of Boston, and East Boston, and to 
purchase or otherwise take and hold such real and personal 
May take prop- cstatc as may be proper for that purpose, excejjt that the 
"'^' ^''"^P'' ^"- property of the East Boston Ferry Company and that now 
used by them, shall not be so taken, unless the said city 
shall so direct, and shall permit the said ferry company to 
run their boats between the landings formerly occupied by 
the People's Ferry Company, free of cliarge and keeping the 



1868.— Chapter 352. 267 

same in repair ; and in that case said East Boston Ferry 
Company are hereby authorized to run their ferry between 
said landings. 

The capital stock of this company shall not exceed fifteen capital stock and 
hundred thousand dollars, divided into shares of one hundred 
dollars each. 

Section 3. The said corporation shall be holden to make Aldermen to esti- 
compensation to any person or corporation whose real estate ^ropert^uken?' 
shall be taken for the uses aforesaid, and if there shall be a 
difference of opinion as to the value of the same, the said 
corporation shall pay therefor such damages as shall be esti- 
mated by the board of aldermen of the city of Boston, and 
either party, if dissatisfied with their estimate, may apply to Right of appeal to 
the superior court next to be held within and for the county ^"p""""^ '^°"'' • 
of Suffolk, after said estimates are made known to them, and 
thereupon the same proceedings shall be had as in case of 
estimating and enforcing payment of damages for laying out 
ways in said city of Boston. 

Section 4. The said corporation shall construct the piers Bridge to be buiit 
of said bridge of such materials, r:ize, shape, direction and "f'mavor'an'd af- 
position respecting currents and channels, and the said bridge sulJ"tion°° wu°h 
with a draw at right angles with the channel as near as may iv'"'^'"^ commis- 
be, and with such accommodation for the passage of vessels 
through the same, as the mayor and aldermen of the said 
city of Boston, on consultation with the harbor commissioners, 
shall direct or approve ; but substantially in conformity to 
the single draw plan of T. Willis Pratt, or such improve- 
ments as may be made thereon ; and in aH other respects 
shall construct the same to the approval of said mayor and 
aldermen ; and shall provide and maintain a suitable steam 
tug-boat, or such other aids to the passage of vessels through 
the draw of said bridge, and for other purposes, as the said 
mayor and aldermen shall from time to time direct. 

Section 5. The said corporation shfiU be allowed to toiis to be deter- 
collect and receive such tolls as the said mayor and aldermen and aiAermenr"^ 
shall from time to time determine : provided^ hoivever, that ProvUo. 
the rates of toll shall never, without the consent of said cor- 
poration, be so much reduced as to reduce the yearly dividends 
of said com'pany to an amount less than eight per centum on 
the amount of capital stock actually invested ; except that 
the same may be so reduced by said mayor and aldermen, if 
in their judgment the public interests shall require it, the 
said city making up the amount of said deficiency. Such —to be collected 

• 1 . 11 1 • Hi ii 1 for fifty years. 

right to collect and receive tolls to commence on the day 
when the said bridge shall be opened for public use, and to 
conthiue for the term of fifty years next thereafter ; and at 



268 



1868.— Chapter 352. 



re-imbursed 
corporation 



the place of receiving said tolls, there shall be constantly 
exposed to view a sign-board, with the said rates of toll fairly 
and legibly exhibited thereon. 
Accounts to be SECTION 6. The Said corporation shall cause to be kept 

kept, and subject , , , _ i-iiiii i,.ii 

to inspection of regular booKs oi account in which sliall be entered full, true, 
mayor an a er- q^^^^ g^^^j plain Statements of all the expenses of building 
the said bridge, and of furnishing and equipping the same, 
and also a true and accurate account annually of all receipts 
and disbursements on account of the same, and of keeping it 
open and in order for public travel, which books of account 
shall be at all times open to the inspection of said mayor and 
—to be presented aldermcu, Or of any committee thereof, and a copy of said 
dermen and the accouiits sliall bc made auiiually in the month of January, 
comm"nweIith!* ^'^^ uiidcr oath of tlic president and treasurer of said cor- 
poration, to the board of aldermen of said city of Boston, to 
and including the thirty-first day of December in each year, 
and a duplicate copy of the same annually filed in the office 
of the secretary of the Commonwealth. 
Bridge to be free SECTION 7. Whenever the receipts of said corporation 
bridge has been liavc re-imbursod to said corporation the moneys expended 

'" by them in the construction of said bridge, its furnishings 

and equipments, and in keeping the same in good repair and 
condition, with interest on said expenditures at the rate of 
eight per cent, per annum, the said corporation sliall there- 
upon immediately in writing notify the said board of aldermen 
of said city of that fact, and shall thereupon offer the said 
bridge, its furnishing and equipments, to be surrendered to 
the said city of ^Boston, to be, and if accepted by the said 
city tiie same shall be, forever thereafter maintained as a free 
bridge by the said city at the public expense. 

Section 8. The said city of Boston is hereby authorized,* 
if they shall so elect and determine, by a majority vote of the 
two branches of the city council, in concurrence, to assume 
and take the franchise granted by this act, with all the rights 
and privileges belonging to the same, and shall thereupon 
proceed forthwith to construct the said bridge as a free bridge, 
at its own expense, and for that purpose shall have authority 
to issue from time to time coupon bonds, notes, scrip, or 
certificates of debt, as said city council shall, by majority vote 
thereof, fix and determine. 

Section 9. The said city of Boston, by a vote of the city 
council, as aforesaid, may at any time during the continuance 
of this charter, purchase and take of said company the said 
bridge and all the franchise, rights, privileges and property 
of the said company by paying or offering to pay them therefor 



City may take 
franchise and 
build free bridge 



— may make 
bridge free by 
paying cost of 
same and eisjht 
percent, inter- 
est. 



1868.— Chapter 352. 269 

such sum as will re-iraburse them the amount of moneys 
expended by them in and upon said bridge, its furnishings, 
equipments, and repair, as aforesaid, with eight per cent, 
interest thereon, and less the net profits of said corporation 
from tolls, as aforesaid, and for that purpose shall have -may issue 

,.. r. . • iii • scrip, &c. 

authority to issue, from time to time, bonds, notes, scrip, or 
certificates of debt, as herein before provided ; and upon such 
payment, or offer of payment, the said corporation shall 
forthwith, by proper instruments of title, surrender and convey 
to the said city the said bridge, with all the franchise, rights, 
privileges and property to the same appertaining, and the 
said bridge shall thereafter be maintained and kept by said \ 

city as a free bridge, at the public expense, as aforesaid. 

Section 10. The said city of Boston, by a vote of the city ^i"7a„d*p^it 
council, as aforesaid, may assume land take, or purchase of lecttoiis, &c. 
said company, the said bridge and other property, as herein 
before provided, and have and exercise all the rights, powers 
and authority given to said company by this act, and subject 
to all the duties, liabilities and restrictions herein contained, 
in such manner and by such agents, officers and servants 
as the said city council shall from time to time ordain, 
appoint and direct ; and shall have a right to collect and 
receive the same rates of toll as are allowed by the fourth 
section of this act to said company : provided, that whenever ProTiso. 
from the tolls collected on said bridge, or from other sources, 
the said city shall be fully re-imbursed for all outlays and 
expenditures on account of said bridge, and the operation of 
the same, then the tolls on said bridge shall cease, and the 
said bridge shall ever after be maintained by said city as a 
free bridge. 

Section 11. If said corporation or said city, as the case Act tow unless 
may be, shall neglect for the space of five years to build and years. "* ^'* 
finish the said bridge, then this act shall be void. 

Section 12. Whenever two hundred thousand dollars of Bonds, how and 
said capital stock has been actually paid in in cash, the said Tued! ^^^ 
corporation may issue its bonds for an amount not exceeding 
the residue of its capital stock, at a rate of interest not 
exceeding eight per centum per annum, and not exceeding 
fifty years to their maturity, and secure the same by a 
mortgage of the said bridge, furnishings and equipments, 
and of the franchise and. privileges thereto appertaining. 

Section 13. When the said bridge company shall have company to pur- 
built the said bridge, they shall offer, in writing, to purchase of'^Ea^sr^Bofton 
of the East Boston Ferry Company the boats, with their ^en-y co. when 

•' 1^ ;( ' - bridge 18 complet- 

appurtenances, then in use by them lor lerry purposes ; and ed. 



270 1868.— Chapter 353. 

Commissioners to in casG tliG two partiGs fail to ao;ree upon the terms of said 

fix terms if par- , , • j' • i i. • x 

ties disagree. purcliasG, the supreiiie judicial court, in terra time or vaca- 
tion, shall, on the application of either party, appoint three 
commissioners to appraise the same at their fair valuation 
for ferry purposes, and shall fix the terms of purchase 
thereof; and if the same shall be accepted by said ferry 
company, they shall thereupon cease to run and maintain a 
ferry between said Boston and East Boston, and the same 

Ferry to be run shall thereafter be run by said brido-e company, with all the 

Dv Dri(i£6 com- • o i */ ^ 

pany. riglits and privileges now had and enjoyed by the said East 

Boston Ferry Company ; but if the said ferry company shall 
refuse to sell as aforesaid, the said bridge company siiall be 
Money to be paid held to uo furtlicr obligatious hereunder. And if said bi-idge 
days'of award? ^ company shall fail to pay to said East Boston Ferry Com- 
pany the amount awarded by said commissioners within 
ninety days after their award shall have been accepted by 
the said court, then this act shall be void. 

Section 14. This act shall take effect upon its passage. 

l_Passed in concurrence on the eleventh of June hij the Senate and House 
of Representatives in the manner prescribed by the constitution, upon being 
returned by the Governor with his objections and without appro val.^ 



Chap 



p. 353 ^^ ^^^ CONCERNING THE EAST BOSTON FERRY COMPANY. 

Be it enacted, Sfc, as follotvs : 
May run boats SECTION 1. Tlic East Bostou Fcriy Company is hereby 
hjpZp\e'°Feny autliorizcd to ruu ferry boats to and from the landings on the 
Company. main land in Boston and on the island of East Boston, 

formerly owned by the People's Ferry Company, and now 
Subject to con- owucd by tlic City of Boston : provided, the consent of the 
seat of aldermen, [jqjj^j.,^ ^f aldcrmen of said city be first obtained, and only 

during the continuance of such consent or any renewal 
Maverick Bridge thcrcof ; aiid providpd, also, that nothing herein contained 
from taking land- shall prcveiit tiic Mavcrlck Bridge Company from taking 
ings, &c. gg^j^ landings, with their appurtenances, under the provisions 

of their act of incorporation, and that in the event of their 
No claims for SO taking thcm, neither the said East Boston Ferry Com- 
ment ^&c*"'^**'^^' P^'iy? their successors or assigns, nor those running a ferry 

between said landings, shall have any claim for damages 

therefor, or for any estate, or easement in said landings, or 

the property formerly used or occupied by said People's 

Ferry Company. 

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

Approved June 12, 1868. 



1868.— Chapter 354. 271 

An Act supplkmentary to an act in further addition to an (^Jiajy^ 354 

ACT MAKING APPROPRIATIONS TO MEET CERTAIN EXPENDITURES "' * 

AUTHORIZED THE PRESENT YEAR, AND FOR OTHER PURPOSES. 

Be it enacted, §r., as folloiva : 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated to be paid out of the treasury of this Commonwealth, 
from the ordinary revenue, unless otherwise ordered, for the 
purposes specified in certain acts and resolves of the present 
year, to wit : ' 

For the compensation of senators, a sum not exceeding; Pay of senators. 
twelve hundred and thirty dollars, which shall be allowed ** 

and paid, in addition to the amounts heretofore appropri- 
ated. 

For the compensation of representatives, a sura not —representatives 
exceeding seven thousand two hundred and thirty dollars, 
which shall be allowed and paid, in addition to the amounts 
heretofore appropriated. 

For the compensation of door-keepers, messengers and Door-keepers, 
pages to the senate and house of representatives, a sum not 
exceeding seven hundred and five dollars, which shall be 
allowed and paid, in addition to the amounts heretofore 
appropriated. 

For expenses of the legislative committee on improve- rommittee on 
ments in Boston harbor and the Commonwealth's flats ^''*'^°" '^'''' °'^- 
therein, a sum not exceeding three hundred dollars. 

To the widow of James Capen, a sum not exceeding jamescapen. 
thirty dollars, which shall be allowed and paid, in addition 
to the amount heretofore appropriated. 

For the compensation of the chaplains of the senate and ciiapiains. 
house of representatives, a sum not exceeding thirty dollars, 
which shall be allowed and paid, in addition to the appro- 
priations heretofore made. 

For the compensation of the assistant-clerks of the senate Assistant-cierks 
and house of representatives, a sum not exceeding thirty house"'^'^ ^""^ 
dollars each, which shall be allowed and paid, in addition to 
the appropriation heretofore made. 

For the compensation of the lieutenant-governor and i^ieutenant-gov- 

' 1 1 T 1 ernor and coun- 

executive council, a sum not exceeding three hundred cii. 
dollars, which shall be allowed and paid, in addition to the 
appropriations heretofore made. 

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

Approved June 12, 1868. 



272 1868.— Chapter 355. 

Chat) 355 ^^ ^'^^ repealing a part op the eighty-seventh chapter of 
■* ' the acts of the year eighteen hundred and fifty-two. 

Be it enacted, ^'c, as folloivs : 

Chap. 87. Acts of SECTION 1. So mucli of chapter eio;hty-seven of the acts 
of the year eighteen hundred and fifty-two, entitled "An 
Act authorizing the Hartford and New Haven Railroad 
Company to increase their capital stock," as authorizes said 
company to make any lawful contract and merge or make 
joint stock with any other railroad company without the 
limits of this Commonwealth, is hereby repealed. 

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

\_Passed in concurrence on the twelfth of June by the Senate and House 
of Representatives in the manner prescribed by the constitution, upon being 
returned by the Governor with his objections and without approvalJ] 



RESOLVES, 

GE]NERAL AND SPECIAL. 



Chap. 1 . 



Kesolve authorizing the treasurp^r to borrow money 
anticipation oe the revenue. 

Resolved., That the treasurer and receiver-general be, and Treasurer may 
he hereby is, authorized to borrow, in anticipation of the to meet ordina- 
receipts of the present year, such sums of money as may, on'trTasury"^ 
from time to time, be necessary for the payment of the ordi- 
nary demands on the treasury, at any time before the 
expii'ation of fifteen days after the meeting of the next 
general court, at such rate of interest as shall be found neces- 
sary ; and that he repay any sum he may borrow as soon as 
money sufficient for the purpose, and not otherwise appropri- 
ated, shall be received into the treasury. 

Approved February VI , 1868. 

Resolve in favor of Elizabeth j. sawyer. CJldf) 2 

Resolved, That (or reasons set forth in the petition of Allowance of $72 
Elizabeth J. Sawyer, of Boston, there be allowed and paid *'o'^ state aid. 
out of the treasury of the Commonwealth to said petitioner, 
the sum of seventy- two dollars, for state aid, and that on Af^r Feb. 1, '68, 
and after the first day of February, in the year eighteen ^°^ entitled to 
hundred and sixty-eight, said petitioner be taken and deemed 
to be entitled to receive the same amount of state aid as if 
she was a widowed mother. Approved February 17, 1868. 

Resolve in regard to alterations in the state nausE. Chan S 

Resolved, That the sergeant-at-arms be instructed to cause sergeant at-arms 
a door-way to be opened from the room now occupied l)V the *» ^iike certain 

. , r, ■, T . ' '. alterations lu the 

president ot the senate, to the colonnade 111 front ot the state house. 
state house ; also, a door-way to be opened from the room 
now occupied by the clerk of the senate, to the room now 
occupied by the secretary of the board of education, and 
that the latter room be fitted up for the use of the president 
of the senate ; also, a door-way be opened in the centre of 
the room west of the library, and that said room be fitted up 
for the use of the secretary of the board of (3ducation. 

Approved February 20, 1868. 
42 



274 



1868.— Chapters 4, 5, 6, 7, 8, 9. 



Chai). 4. 

Allowance of 
S52. 



Chap. o. 

Allowance of 
SlOO bounty. 



Chap. 6. 

Allowance for 
State aid. 



Resolve in favor of increase n. emerton. 
Resolved, For reasons set forth in the petition of Increase 
N. Emerton, that there be allowed and paid out of the treas- 
ury of the Commoiiwealtli to said petitioner, the sum of 

fifty-two dollars. Approved February 21, 1868. 

Resolve in favor of james kane. 
Resolved, For reasons set forth in the petition of James 
Kane, that there be allowed, and paid out of the treasury of 
the Commonwealth to said petitioner, the sum of one hun- 
dred dollars, for state bounty. Approved February 25, 1868. 

Resolve in favor of lewis a. horton. 
Resolved, That for reasons set forth in the petition of 
Lewis A. Horton, said petitioner be taken and deemed to be 
entitled to receive state aid, on account of his child born on 
the nineteenth day of June, in the year one thousand eight 
hundred and sixty-seven ; said payment to commence from 
the passage of this resolve. Approved March 3, 1868. 

Chap. 7. Resolve in relation to the support of state lunatic paupers. 
Resolved, That there be allowed and paid to the several 
lunatic hospitals for the board of insane state paupers, for 
the current year, a sum not exceeding three dollars and fifty 
per week, for each of said paupers. Approved March 6, 1868. 

Resolve in relation to the issue of arms to the Massachusetts 
agricultural college. 

Resolved, That his excellency the governor be authorized 
to issue to the president and trustees of the Massachusetts 
agricultural college, such arms and equipments, for the use 
of that institution, as in his judgment may be so distributed 
without detriment to the militia service : provided, the said 
president and trustees shall be held personally responsible 
for the same. • Approved March 11, 1868. 

Resolves i.v relation to the republication of the report on 

THE invertebrate ANIMALS OF MASSACHUSETTS. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, and the same is hereby appro- 
priated, an amount not exceeding four thousand dollars, in 
addition to the sums appropriated by chapter thirty-two of 
the resolves of the year eighteen hundred and sixty-seven, 
for the purpose of completing the republication of the report 
on the invertebrate animals of Massachusetts authorized by 
said resolve. 

Resolved, That in addition to the distribution of the copies 
of said report, provided for in the resolve aforesai'd, every 



S3. 50 a week al- 
lowed for board 
for insane pau- 
pers. 



Chap. 8. 

Governor may 
issue arms, &c., 
to agricultural 
college. 



Chap. 9. 



Allowance of 
S4,000 to re- 
publish report. 



Distribution pre- 
fcribed. 



1868.— Chapters 10, 11, 12, 13. 275 

member of the present legislature, who was not also a mem- 
ber of the legislature of the year eighteen hundred and 
sixty-seven, shall be entitled to one copy ; that one copy each ' 
shall be furnished to the secretary, treasurer, auditor, 
attorney -general, adjutant-general, quartermaster -general,' 
surgeon-general, deputy tax-commissioner, insurance com- 
missioner, bank commissioner, the secretary and general 
agent of the board of state charities, and the secretaries of 
the boards of education and agriculture; and that the 
remainder of the edition authorized to be printed, be placed 
in the state library, to be distributed under the direction of 
the trustees, to individuals o^ublic institutions, at their 
discretion. W Approved March 16, 1868. 

Resolve ix favor of the i>isabled soldiers' employment rij, t r\ 

BUREAU. i^nap. 10. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth, the sum of twenty-five *^'^*^' 
hundred dollars to the disabled soldiers' employment bureau ; 
and the same is hereby appropriated. • Approved March 16, 1868. 

Resolve in favor of john mcintire and wife. Chnn 1 1 

Resolved, That for reasons set forth in the petition of John Eight dJiiars a* 
Mcintire, there be allowed and paid from the treasury of the ^f°"^ '°'' ^'"^'^ 
Commonwealth, to the petitioner and his wife, the sum of ''' ' 
eight dollars a month, for state aid. 

Approved March 20, 1868. 
Resolve in aid of the perkins institution and Massachusetts /^i -, n 

ASYLUM for the BLIND, TO MEET ITS CURRENT EXPENSES. ^fiap. 14. 

Resolved, That there be allowed and paid from the treas- $9,000 for ex- 
ury of the Commonwealth, the sum of nine thousand dollars ^^°'''' 
to the Perkins institution and Massachusetts asylum for the 
blind, to meet the current expenses of that institution, in 
addition to the amount already appropriated. 

Approved March 30, 1868. 

Resolve in favor of Andrew falvey. ^j -, n 

Resolved That for reasons set forth in the petition of ,3: „,,,;, 
Andrew i^aivey,«ot Marblchead, there be allowed, and paid for state aid. 
from the treasury of the Commonwealth, the sum of seventy- 
two dollars for state aid ; and tliat on and after the first day 
of May, in the year one thousand eight hundred and sixty- 
eight, said petitioner shall be taken and deemed entitled to 
receive state aid, as provided in chapter one hundred and 
thirty-six of the acts of the year eighteen hundred and sixty- 
seven, entitled " An Act concerning state aid for disabled 
soldiers and sailors, and tlieir families, and for the families 
of the slain." Approved March 30, 1868. 



276 



1868. — Chapters 14, 15, 16, 17, 18. 



rhn^ 1 4. Resolve in favor of the pf.rki-ns institution and Massachusetts 

y^llUJJ. Xt. ASYLUM FOR THE BLIND. 

si6,ooof.tVbund- Resolved, That there be allowed and paid out of the treas- 

iDg purposes. ^^ ^j^^ Commoiiwealth , to the Perkins institution ana 

' Massachusetts asylum for the blind, and the same is hereby 

appropriated, the sum of fifteen thousand dollars for building 

purposes, including the erection of a workshop and laundry, 

ind for tiie introduction therein of steam lor motive power 

Proviso. and for heating purposes : provided, that an equal sum be 

secured for the purpose from private donations, and that no 

part of said appropriation shall be paid out of the treasury, 

until the said private donations have been paid. 

# Approved March 30, 1868. 
^j , f. Resolve in favor of the town of woburn. 
1^:1: Resolved, That there be allowed and paid out of the treas- 
armory. ,,^,„ ^f tl^g Commonwealth, to the selectmen of the town ot 
Woburn, the sum of two hundred and twenty-five dollars, 
being the amount paid by said town for rent of an armoi-y 
for the use of company G, fifth regiment Massac lusetts 
volunteer militia, for the year ending December thirty-hrst, 
eighteen hundred an d sixty- seven^^_^^4ggm^^ 1, 1868. 
rhmi 1 6 Resolve in favor of isaac h. jacoy. 
AUowaiJeof ' Resolved, That there be allowed and P^^f /o /saac H 
*^°- Jacoy, out of the treasury of the Commonwealth, the sum ot 
fifty dollars^ Approm^AjmlA^^ 

pi 1 r^ RkSOLVE in favor OF WILLIAM GUNN. 

AnfwTc'eo' Resolved. For reasons set forth in tlie petition of William 

*289- Gunn, of Springfield, there be allowed and P«\^^ out ot the 

the treasury of the Commonwealth, to said ^^ ilham Gunn, 
the sum of two hundred and eighty-nine dollars. 

Approved April 9, 1868. 

Chan 18 Resolve on the petition of benjamin james and alpheus m. 
Kynaj). lo. stetson. 

DeedofBenianiin Resolved, YoY tho rcasoiis iu said pctitiou set forth that 
Korol^d.^- the deed of release and quitclaim from Benjamin Dodd as 
the guardian of Mary Keefe, an insane person, to Wilham 
A. Rea, bearing date the third day of May^, m the year 
eighteen hundred and fifty-two, and recorded with feutlolk 
deed^, liber ^ix hundred and thirty-two, folio six, releasing 
and quitclaiming to said Rea, his heirs and as^i^"^; ^iie 
estate therchi described, be and the same is hereby ratified 
and confirmed so as to be effective as a valid conveyance to 
the said Rea, his heirs and assigns, at the tunc of ti>e execu- 
tion and delivery thereof of all said Mary keefe s interest in 



1868.— Chapters 19, 20. 277 

and title to said estate ; and that all and sinojular the titles peeds of joha 

' ,ipi-i Lowell, admiuis- 

now held to said estate, or any part tliereoi, vvlucli are tiMtur, aecured 

derived by mesne conveyances or otherwise from any deed ^'" ' 

of the said Rea, or from any conveyance of John Lowell, as 

the administrator, with the will annexed, of the said Rea, be 

and they are hereby made and declared to be valid and 

effectual, to all intents and purposes, as fully as if the said 

deed of quitclaim of said Dodd to said Rea had at the time 

of the execution and delivery thereof, conveyed to said Rea 

in fee all tlie title which the said Mary Keefe then had in 

and to said estate. Approved April 9, 1868. 

Kesolve in favor of company b, sixth regiment massachu- (JJuji-f 19^ 

SETTS volunteer MILITIA. 

Resolve(l, That the officers and soldiers of company B, ^""^''^^f 
sixth regiment Massachusetts volunteer militia who, on the v.-eanesday 
last Wednesday in May, in the year eighteen hundred and ' ■"'' ^^ 
sixty-five, performed the duty required by the statute for 
drill, and inspection, sliall receive compensation therefor at 
the rates provided for fall encampment, in section one hun- 
dred and forty-five of chapter two hundred and thirty-eight, 
of the acts of the year eighteen hnndred and sixty-four : 
provided, that no compensation shall be paid to any able- Proviso, 
bodied officer or soldier who, at his own request, was dis- 
charged from service in said company previous to January 
first, in tlie year eighteen hundred and sixty-seven. 

Returns to the adjutant-general, of the performance of Returns to be 
the said duty, and the mode of payment for the same, shall 
be made in the manner then prescribed by law for May 
inspection. Approved April 9, ISQS. 



for 
lasc 



Chap. 20. 



KeSOLVES in relation TO THE SOLDIERS* NATIONAL CEMETERIES 
AT GETTYSBURG AND ANTIETAM. 

Whereas, By an act entitled " An Act to establish and f°^^j^^ieT''""'^ 
protect national cemeteries," approved February twenty- 
second, in tlie year one thousand eight hundred and sixty- 
seven, congress has adopted a uniform system for the 
management and care of all the soldiers' national cemeteries 
throughout the United States, and made provisions for tiieir 
maintenance : therefore, 

Resolved, That the Commonwealth of Massachusetts Pennsylvania. 
respectfully requests of the state of Pennsylvania the pas- 
sage of an act empowering the board of commissioners 
having charge of the soldiers' national cemetery at Gettys- 
burg to transfer all the right, title, interest and care of said 
soldiers' national cemetery to the United States of America, 
upon the completion of the same. 



278 



1868.— Chapters 21, 22, 23, 24. 



Maryland. 



Chap. 21. 

Allowance of 

$75. 



Chap. 22. 

Allowance of 
85,000. 



Trustees to fur- 
nish account of 
expenditures. 



Chap. 23. 

Allowance of 
Se.OOO for pro- 
tection from 
fire. 



Chap. 24. 

Allowance of 
•■$1,500 for pur- 
chase of land. 



Resolved., That in like manner the Commonwealth of 
Massachusetts requests of the state of Maryland the passage 
of an act empowering the board of trustees having charge of 
the Antietam national cemetei^ at Sharpsburg, to transfer 
all the right, title, interest and care of said Antietam 
national cemetery to the United States of America, upon the 
completion of the same. 

Resolved, Tliat the governor be requested to communicate 
these resolves to the governors of the states of Pennsylvania 
and Maryland respectively. Approved April 10, 1868. 

Resolve in favou of mart ann nolan, guardian. 
Resolved, That for reasons set fortli in the petition of 
Mary Ann Nolan, guardian of Katy Nolan and Robert Nolan, 
there bo allowed and paid out of the treasury of the Com-, 
monwealth, to the said Mary Ann Nolan, guardian as afore- 
said, for the benefit of the said Robert Nolan, the sum of 
seventy-five dollars. Approved April 10, 1868. 

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 under the direction of the trustees thereof for 
the charitable purposes of said infirmary during the present 
year ; and said trustees shall furnish to the board of state 
charities a detailed account of the manner in which this 
appropriation has been expended, as soon as practicable. 

Approved April 21, 1868. 

Resolve in relation to the state almshouse at tewksbury. 
Resolved, That there be allowed and paid from the treas- 
ury of the Commonwealth, the sum of six thousand dollars, 
to the inspectors of the state almshouse at Tewksbury, to be 
expended in the erection of cisterns and reservoirs, and the 
purchase of a steam-pump, hydrants, and other necessary 
appurtenances, for the better protection of said almshouse 
from fire. Approved April 21, 1868. 

Resolve in favor of the industrial school for girls. 

Resolved, Tiiat there be allowed and paid out of the treas- 
ury of the Commonwealth, to the trustees of the industrial 
school for girls at Lancaster, a sum not exceeding fifteen 
hundred dollars, for the purchase of land for the use of said 
institution. Approved April 21, 1868. 



1868.— Chapters 25, 26, 27, 28, 29. 279 

KeSOLVE to authorize the town op MEDFORD to pay certain QJifji)^ 25. 

BOUNTIES. ■* * 

Resolved, That the town of ^[edford is hereby authorized ^^i-^^Jy^oYutfes 
to pay the sum of one hundred and twenty-five dollars to 
Stillman Rich and William Cheney, respectively, the same 
being for military bounty. Approved April 21, 1868. 

Resolve authorizing the purchase of land for the state QJian, 26. 

ALMSHOUSE AT TEWKSBURY. -* 

Resolved, That the inspectors of the state almshouse at Lan<J may be 
Tevvksbury be authorized to purchase land adjoining the ceeding $'75 
lands of that institution and for the use of the same, at a p"''*=''®- 
price not exceeding seventy-five dollars per acre, the whole 
expenditure not to exceed five thousand dollars. 

Approved April 22, 1808. 

Resolve in favor of the new England hospital for women Chan 27. 

AND CHILDREN. ^' 

Resolved, That there be allowed and paid to the New Allowance of 
England hospital for women and children, the sum of one poor patients! 
thousand dollars, for the purpose of aiding to defray the 
expenses of those patients in their hospital, who are unable to 
defray their own expenses: provided, that the board of state Duties of board of 
charities shall have power to visit said hospital, for the pur- ^^^"^ an les. 
pose of examining into any cases of pauperism ; and the 
board of state charities shall use all reasonable care to collect 
the cost of temporary support from parties justly chargeable 
with the same, whenever they can be ascertained, and to 
remove those not born or not having a settlement in this 
state. Approved April 29, 1868. 

Resolve in favor of loa n. peabody. Chap. 28. 

Resolved, That there be allowed and paid to Loa N. Allowance of 
Peabody the sum of one hundred dollars for state aid, in t\i. ^°'^^^^^ . 
addition to what she receives under the provisions of chapter 
one hundred and seventy-two of the acts of the year eighteen 
hundred and sixty-six. Approved April 29, 1868. 

Resolve in favor of dora s. foster. Chap. 29. 

Resolved, That there be allowed and paid out of the treas- Allowance of 
ury of the Commonwealth, to Dora S. Foster, of Boston, widow 1^^^^°' ^''^'^ 
of Captain Daniel Foster, the sum of two hundred and sixteen 
dollars for state aid ; and that on and after the first day of ho^ entitled to 
April, eighteen hundred and sixty-eight, said Dora S. Foster 1', isesf"^ ^" 
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 April 29, 1868. 



2S0 1868.— Chapters 30, 31, 32, 33. 

Chap. 30. Resolve in favor of the Massachusetts agricultural 

COLLEGE. 

^11? n^?"''/*' Resolved, That there be allowed and paid out of the treas- 

SoO.UOO for /• 1 /~i 11 p 1 Tir 

buiidiugs. viry 01 tlie bommonwealtli, to tlie trustees oi the Massa- 

chusetts agricultural college, the sum of fifty thousand 
'dollars, for the erection of buildings with necessary appur- 
tenances, to provide for an additional number of students in 
said college ; and the same is hereby appropriated. 

Approved May 1, 1868. 

Chap. 31. Resolve GRANTING TAXES TO THE SEVERAL COUNTIES. 

County taxes. Resolvecl, 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, eleven thousand dollars; Berkshire, twenty- 
seven thousand dollars ; Bristol, sixty-five thoiisand dollars ; 
Essex, one hundred and fifteen thousand dollars ; Dukes 
County, four thousand dollars; Franklin, twenty thousand 
dollars ; Middlesex, one hundred and forty-five thousand 
dollars ; Hampshire, twenty-five thousand dollars ; Hampden, 
thirty-two thousand dollars ; Norfolk, sixty thousand dollars ; 
Plymouth, thirty- three thousand dollars ; Worcester, seventy- 
five thousand dollars. Approved May 4, 1868. 

Chap. 32. Resolve in favor of barnard c. marchant, guardian of 

"' ' certain INDIANS IN DUKES COUNTY. 

Ai^iowance of Resolvecl, That for I'easons set forth in the petition of 

tiantown In- Barnard C. Marchant, guardian of the Christiantown and 

'^*''°^' Chappequiddic tribes of Indians there be allowed and paid 

out of the treasury of the Commonwealth, to said guardian, 

the sum of two hundred dollars, or so much thereof as may 

be necessary for the support of certain members of the 

$104 in aid of Christiaiitowu tribe, mentioned in said petition: also, that 

there be allowed and paid out of the moiety of the income 

of the school fund applical)le 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-eight. 

Report to be And tlic Said guardian shall, on or before the first day of 

"f\ducatjom 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 May 4, 1868. 

Chap. 33. Resolve concerning improvements at the state prison. 
200 for im- RcsolvecI, That there be allowed and paid out of the 
treasury of the Commonwealth, a sum not exceeding eight 
thousand two hundred dollars, for the purposes of making 



schools. 



provements and 
repairs 



1868.— Chapters 34, 35, 36, 37. 281 

improvements in the iron doors to the cells of a portion of 
the state prison, of opening an additional passage to the 
chapel, and for repairing the floors of the office in the ante- 
room ; 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 a^uditor. Approved May i, 1868. 

Resolve in favor op the town of edgartown. CluiY). 34. 

Resolved^ That for reasons set forth in the petition of the Allowance of 
selectmen of the town of Edgartown, there be allowed and |^,^to^a° ^'^" 
paid out of the treasury of the Commonwealth to said town, 
the sum of twenty-nine dollars and fifty cents. 

Approved May 4,';i868. 

Resolve in favor of abiah thomas. ChciD, 35. 

Mesolvrd, For reasons set forth in the petition of Abiah Allowance of 
Thomas, that there be allowed and paid out of the treasury ponof jemi^a 
of the Commonwealth, to David R. Greene of the city of. 
New Bedford, for the benefit of Abiah Thomas for the sup- 
port of Jemima Easton, an Indian of the Deep Bottom tribe, 
residing in said city, the sum of two hundred and twenty 
dollars. Approved May 4, 1868. 



£astoa. 



Chap. 36. 



Resolve in favok of the guardian of the punkapog tribe 

of indians. 

Resolved, That there be allowed and paid out of the Allowance for 
treasury of the Commonwealth, to the guardian of the-jry*^ nmnblrs 
Punkapog tribe of Indians, for the benefit of the following of t^e tribe, 
members of said tribe, the following sums, to wit: For 
Sally Burr, of Cambridge, the sum of one hundred dollars ; 
for Sally Burr, of Boston, and her son James Burr, the sum 
of one hundred dollars ; for Rebecca Davis, of Boston, the 
sum of one lumdred dollars ; for Charlotte E. Myers, the 
sum of one hundred and fifty dollars ; for Polly Crowd, the 
sum of one hundred and two dollars ; for Isaac Williams, 
the sum of one hundred and two dollars. Chapter six of Repeau 
the resolves of* the year eighteen hundred and forty-five, 
chapter thirteen of the resolves of the year eighteen hundred 
and forty-six, and chapter fifteen of the resolves of the year 
eighteen hundred and fifty-three, are hereby repealed. 

Approved May 5, 1868. 

Resolve in relation to a statue op the late john a. r^i^^-, Q'7 

ANDREW. ^'^^P' '^'• 

Resolved, That full consent and permission upon the part statue of John 
of the Commonwealth is hereby given to the application of ^' '^°'^'^®'^- 
Jacob Bigelow, William Gray, F. W. Lincoln, junior, Otis 

43 



282 1868.— Chapters 38, 39, 40, 41. 

Norcross, William Amory, Samuel H. Walley, Francis Bacon 
and W. W. Clapp, to place a statue of the late John A. 
Andrew in a niche in the north-west corner of the doric hall 
of the state house. Approved May 6, 1868. 

Chap. 38. Resolve in favor of john murphy. 

Allowance of Resolvcd, That for reasons set forth in the petition of 
tary°bounty. ' Johu MiH'phy, thcrc bc allowed ahd paid out of the- treasury 
of the Commonwealth to said petitioner, the sum of three 
hundred and twenty-five dollars for state bounty. 

" Approved May 6, 1868. 

Chap. 39. Resolve in favor of the mount holyoke female seminary. 

$40 000°^°^ R^'^olved, That there be allowed and paid out of the 

treasury of the Commonwealth, to the trustees of the Mount 
Holyoke Female Seminary, at South Hadley, the sum of 
forty thousand dollars. Approved May 14, 1868. 

Chap. 40. Resolve concerning cape cod harbor at provincetown. 

AUowiiDceof Resolved, That there be allowed and paid out of the coast 

^ ' ■ defence fund, a sum not exceeding fifty thousand dollars, in 

addition to the sum appropriated in the eighty-sixth chapter 
of the resolves of the year eighteen hundred and sixty-seven, 
and the same is hereby appropriated, to be expended 
agreeably to the provisions of said resolve. 

Approved May 19, 1868. 
Chap. 41. Resolve on the petition of lydia barrows and another. 
Judge of probate . Re solv 6 d, Fov rensous SQt forth in the petition of Lydia 
appo'int" trnXe Barrows and Horace Granville Barrows, that the judge of 
convejelTbydeed pi'obatc for tlic couuty of Suffolk, bc and hereby is authorized 
in^'aadothe^s^'" ^"^ empowered to appoint some suitable person as trustee 
to sell and convey, at private sale, and to execute all neces- 
sary deeds and instruments to convey in fee simple to the 
Boston and Albany Railroad Company, certain real estate 
situate in the southerly part of the city of Boston, in said 
county of Suffolk, on the north side of a street called 
Orange Street, which said estate was conveyed by the deed 
of Sarah B. Hunting and others, dated November twenty- 
seven, in the year eighteen hundred and fifty-seven, recorded 
in the Suffolk registry of deeds, libro seven hundred and 
twenty-eight, folio ninety-nine, whereto reference may be 
had ; and to re-invest the proceeds thereof in other real estate 
in said Boston, to be subject to the same uses and ultimate 
disposal as is provided in the last will and testament of 
Rufus L. Barrus, of said Boston, physician, deceased, 
respecting certain real estate situate in the northerly part of 
the city of Boston, in said county of Suffolk, on a street 



1868.— Chapters 42, 43, 44. 283 

called Bennett Street, which said last-mentioned real estate 
was devised and bequeathed by said last will and testament 
to Lydia Barrows during her life or widowhood ; then to 
Horace Granville Barrows during his life ; and then to the 
heirs of the said Horace Granville in fee simple ; said prop- 
erty being described in said will recorded in the probate 
office in said county of Suffolk, the same having been 
sold and the proceeds tliereof re-invested in said first- 
mentioned real estate, under and in accordance with a 
resolve entitled " Resolve on the petition of Lydia Barrows 
and another," and approved on the fourth day of May, in 
the year eighteen hundred and fifty-seven: provided, that Trustee to give 
said trustee shall first give a bond to the judge of probate 
for said county of Suffolk, with surety or sureties satisfactory 
to said judge of probate, that he will faithfully execute the 
powers hereby given to him, to wit : to sell and re-invest as 
aforesaid. Approved May 19, 1868. 

Resolve in favor of gideon haynes. Chap, 42. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth, to Gideon Haynes, warden eel 
of the state prison, such sum, not exceeding six hundred 
dollars, as the governor and council shall determine, for 
services rendered in the enlargement of the state prison, 
under chapter eight of the resolves of the year eighteen 
hundred and sixty-seven. Approved May 19, 1868. 

Resolve in favor of the Massachusetts school for idiotic QfinYi IQ 

AND feeble-minded YOUTH. i ' 

Resolved, That there be allowed and paid out of the $6,ooo for cur- 
treasury of the Commonwealth, to the trustees of the Mas- ^^^ expenses. 
sachusetts school for idiotic and feeble-minded youth, the 
further sum of six thousand dollars, to meet the necessary 
current expenses of that institution ; and for the purpose of »9-ooo for incr- 
adding an infirmary, workshop, and other additional accom- Thop'.*" 
modations to said institution, the sum of nine thousand 
dollars, said last-named amount to be paid upon properly 
approved vouchers, and to be in addition to the amount 
appropriated for an infirmary by resolve, chapter thirty-one, 
of the year one thousand eight hundred and sixty-seven. 

Approved May 19, 1868. 

Resolve authorizing the commissioners of the county of fyj.^^ a a 

WORCESTER TO BORROW MONEY. L'/lUp. ^*. 

Resolved, That the commissioners of the county of Wor- $90,000 for court 
cester are hereby authorized to borrow, on the credit of said ^urg! *'* ^^^°^' 
county, a sum of money not exceeding ninety thousand 
dollars, to be expended in building a court house at Fitchburg. 

Approved May 25, 1868. 



284 



1868.— Chapters 45, 46, 47. 



Chap. 45. 

AUow^tnce of 

.$15,000. 



Payments to be 
made as applied 
for. 



Surgeon-general 
to be trustee and 
to visit the 
home, &c. 



Report to be 
mude to legis- 
lature in Janu- 
ary next. 



Chap. 46. 



State agent at 
Washington to 
prosecute claim 
for uniforms. 



Chap. 47. 

Allowance of 
SI 75 for land 
for sea-wall. 



Resolve in favor op the discharged soldiers' home. 

Resolved^ That there be allowed and paid out of the 
treasury of the Commonwealth, to the treasurer of the dis- 
charged soldiers' home, located in Springfield Street, in the 
city of Boston, to be expended by the directors of the institu- 
tion in temporarily caring for and aiding disabled and destitute 
soldiers who have been honorably discharged from the service 
of the United States, a sum not exceeding fifteen thousand 
dollars ; said payment to be made from time to time, in such 
sums as may be applied for by the president and two vice- 
presidents of said institution : provided, that soldiers who 
have served in Massachusetts regiments sliall have the pref- 
erence in the benefits of the same ; and provided, further, 
that the surgeon-general of this Commonwealth shall be, ex 
officio, an additional trustee on the part of the Common- 
wealth, and shall have the power to admit to and discharge 
from said soldiers' home ; and it is hereby made his official 
duty to visit said home and examine the condition of the 
inmates at least once in four weeks. 

The officers of this institution shall report to the legislature, 
in the month of January next, a detailed account of the 
manner in which this appropriation has been expended, the 
amount contributed by individuals, the total expenses of the 
institution, and the number of persons admitted and relieved 
during the year. Approved May 25, 1868. 

Resolve concerning uniforms furnished the ninth regiment 
massachusetts volunteers in the year eighteen hundred 
and sixty-one. 

Resolved, That the governor request Gardner Tufts, 
Massachusetts state agent in Washington, to bring to tlie at- 
tention of the secretary of war the payment made by enlisted 
men of the ninth regiment Massachusetts volunteers, to 
the general government, for a uniform furnished to them by 
this Commonwealth in the year eighteen hundred and sixty- 
one, and if it shall be found that the men ought not to have 
paid for it, means be taken to have the money repaid to the 
men or to their legal heirs. Approved May 25, 1868. 

RkSOLVE making an APPROPRIATION FOR THE PURCHASE FOR THE 
UNITED STATES OF LAND AT POINT ALDERTON. 

Resolved, Tliat there be allowed and paid out of the 
treasury of the Commonwealth, to Brevet Major-General 
John G. Foster, the sum of one hundred and seventy-five 
dollars, to be expended by him in the purchase for the United 
States of certain land at Point Alderton, required for the 
construction of a sea-wall, and the same is hereby appropriated. 

Approved May 26, 1808. 



1868.— Chapters 48, 49, 50. 



285 



Rksolve in favor of the washingtonian home. Chap. 48. 

Resolved, That there be allowed and paid out of the AUowanceof 
treasury of the Commonwealth, to the treasurer of the Wash- ' 
ingtonian home, to be expended by the directors lor the 
charitable purposes of the institution, in providing a refuge 
for inebriates and means for reforming them, the sum of six 
thousand dollars. Tl»e directors shall report to the legisla- k^-'Jo^^ 
ture in tha month of Janiuiry next, a detailed account ot the legislature. 
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 payor 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 May 27, 1868. 

Resolvf.s providing for the publication of certain special ^y 49_ 

LAWS. 

Rcsohed, That the special acts of this Commonwealth, spe<;|ai laws t«^ 
passed from the year one thousand eight hundred and sixty, 
to the year one thousand eight hundred and sixty-five, both 
years inclusive, be collated and published under the direction 
of the secretary of the Commonwealth, in a volume as nearly 
as may be in conformity with the volumes of the special laws 
heretofore published, and that a full and complete index of 
the matter contained therein, be appended to said volume. 

Resolved, That two thousand copies of the special laws Two^thousand 
aforesaid shall be printed, and shall be distributed as follows : p^.U and 
One hundred copies for the use of the various offices and distributed. 
committee rooms, and for the two branches of the legislature ; 
two hundred copies for the state library, for duplicates and 
exchanges ; one copy to each Ijity and town in the Common- 
wealth ; one copy to each member of the present legislature ; 
one copy to each pulilic and incorporated library in the Com- 
monwealth, and the remaining copies to be disposed of by the 
secretary of the Commonwealth to individual purchasers at 
cost : provided, that no copies shall be sold for the purposes Proviso. 
of re-sale. Approved June -i, 1868. 

Resolve authorizing the trustees of the Northampton Qf^^p 59. 
lunatic hospital to exchange and convey certain land. / 

Resolved, That for the purpose of straightening the bouii- Boundaryjine 
dary line of land belonging to the Northampton lunatic straightened. 
» hospital, and otherwise improving the same, the trustees of 
said institution be, and they hereby are authorized to exchange 
with, and convey to Samuel Day, such an amount oi land, 
not exceeding three acres, as they may deem expedient, and 
receive a conveyance of an equivalent to the Commonwealth. 

Approved June 4, 1868. 



286 1868.— Chapters 51, 52, 53, 54. 

CJiaj). 51. Resolve authorizing the commissioners of the county op 

BERKSHIRE TO LAY OUT A ROAD OVER CERTAIN LANDS OF THE 
COMMONWEALTH. 

°if 3 "Zl^^l Resolved, That the commissioners of the county of Berk- 

iHid oiiu across i«ii-ii i 

Commonwealth's shu'C 06 and hercbj are authorized to lay out and construct 
a highway over and across the lands belonging to the Com- 
monwealth, situate in the town of Florida: provided, that 
the same he located and constructed to the acceptance of the 
commissioners on the Troy and Greenfield Railroad and 
Hoosac tunnel. Approved June 4, 1868. 

Chap. 52. Resolve in favor of the springfield home for friendless 

WOMEN AND CHILDREN. 

fpoTcondufon Resolvcd, That there be allowed and paid out of the 
a like amount is trcasury of the Commonwealth the sum of two thousand 
doultion.^"^*'* dollars, to the Springfield home for friendless women and 
children : provided, that the said institution shall during 
the current year realize a like sum from private donations, a 
sworn certificate of which shall be deposited witli the auditor 
of the Commonwealth before said sum of two thousand dol- 
lars shall be paid from the treasury. The managers of said 
home shall report to the next legislature an account of its 
receipts and expenditures for the current year. 

Approved June 4, 1868. 
Chap. 53. Resolve concerning a fish- way over or around the dam 

* at HOLYOKE, on the CONNECTICUT RIVER. 

$12 oooappropri- Resolvcd, That there be allowed and paid out of the 

ateil for fish-way , o ^^ r^ ii -i ,^ -ii 

over the dam at trcasury 01 tlic Commoiiwealtii, and the same is hereby 
Hoiyoke. appropriated, a sum not exceeding twelve thousand dollars, 

to be expended under the direction of the commissioners 
appointed under chapter two hundred and thirty-eight of the 
acts of eighteen hundred and sixty-six, in the construction 
of a fish-way over or around the dam at Holyoke, on the 
Connecticut River, in accordance with the provisions of said 
chapter two hundred and thirty-eight of the acts of the year 
eighteen hundred and sixty-six. Approved June 4, 1868. 

Chan 54 Resolve to authorize the purchase and distribution of one 

^ ' ' thousand copies of SCHOULER'S history of " MASSACHUSETTS 

in the rebellion." 
One thousand CO- Resolved, That the secretary of the Commonwealth be, 

l^ip."" of Schoulfir's • w 

History to be pur- aud \\Q IS hereby authorized and directed to purchase one 

chased. thousand copies of a " History of Massachusetts in the 

Rebellion," by William Schouler, late adjutant-general, and 

cause the same to be distributed, or delivered on call, as 

Dutribution. follows, uamcly : to the state library, six copies ; to each of 

the cities and towns of the Commonwealth, each incorporated 



• 



1868.— Chapters 55, 56. ■ 287 

library association, and tlie several colleges and societies 
designated in the second section of cliapter three of the 
General Statutes, except law library societies, one copy ; to 
each officer, member and clerk of the executive, legislative, 
educational and military departments of the government, 
and -the reporters for the press in regular attendance upon 
the legislature, severally, for the present year, one copy ; to 
the library of congress, two copies ; and to the libraries of 
the several states and territories of the United States, one 
copy each. And any remainhig volumes of said book shall 
be in the custody of the secretary, and may be disposed of 
in such manner as the committee on printing, for the time 
being, shall approve. Approved June 6, 1868. 

Resolve in favor of the marshpee schools. Chap, 55. 

Resolved, That the sum of seventy-five dollars be allowed $75 appropriated 
and paid out of the moiety of the income of the school fund Sarshpee°^^ "' 
ajD^jlicable 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 
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 June 6, 1868. 



Chap. 56. 



Resolve in favor of schools among the Indians of gay 

head. 

Resolved, That there be allowed and paid out of the sisoappropna- 
moiety of tlie income of the school fund applicable to educa- It'oI^Heid."^* 
tional purposes, to the treasurer of the Gay Head district, 
the sum of one hundred and fifty dollars, to be applied to 
the support of schools among the Indians of Gay Head 
during the year eighteen hundred and sixty-eight, and said 
treasurer shall make a return of the expenditure of said 
money and the condition of the schools, to the board of 
education the present year ; also that a further sum of fifty condition, 
dollars be allowed and paid him for the purchase of school 
books for said schools ; and also that the sixty dollars pro- 
vided for in the General Statutes, chapter thirty-six, section 
five, be paid to the said treasurer. Approved June 6, 1868. 



288 



1868.— Chapters 57, 58, 59. 



Repeal. 



Commipsioner to 
make report to 
coruuiittee. 



Chop. 61. Resolve concerning the improvements and repairs of the 

STATE HOUSE. 

re*lT,rr''&o Tt Reso/vcd, That a special commitee of five members of the 
State hou.-^e,' to hoiisc, wlth such as the senate may join, be appointed, who 
cess. """*^ "^"^ shall sit during the recess of the legislature, and shall be 
authorized to investigate all the affairs connected with the 
repairs and alterations of the state house, with power to 
examine into all contracts and purchases made therefor, and 
to send for persons and papers. 

Chapter eighty-four of the resolves of the year eighteen 
hundred and sixty-seven is hereby repealed ; but this repeal 
shall not affect the power or duty of the surviving commis- 
sioner to make settlement for work done under said resolve, 
and it shall be his duty to make a report in wrifing of his 
proceedings, and of the expense of the alterations, improve- 
ments and repairs in the state house, and of all expenses 
and payments made under direction of the commissioners 
in said resolve mentioned, with all payments made to or by 
them, and of all outstanding, unsettled liabilities and claims 
on account thereof, on or before the first day of September 
next, to the committee appointed under authority of this 
resolve ; and said committee shall make a report of their 
investigations and proceedings to the next general court. 

Approved June 8, 1868. 

KeSOLVE in RELj*TI0N to the re-arrangement of the SEATS 
IN THE representatives' HALL. 

Resolved, That the speaker of the house of representatives, 
the sergeant-at-arms and Wo members of the house, to be 
appointed by the speaker, shall constitute a commission to 
serve without pay, to make such change as they may think 
proper in the arrangement of the seats in the representatives' 
hall ; and a sum not exceeding ten thousand dollars is 
hereby appropriated to defray the expense of such altera- 
tions as may be ordered. For the purposes of this resolve 
the operation of section twenty-three of chapter two of the 
General Statutes is hereby suspended. Approved June 8, 1868. 

Chap. 59. Resolve in favor of herman haupt and company. 

$53,000 allowed. Rcsolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to Herman Haupt and Com- 
pany, the sum of fifty-three thousand dollars, in addition to 
the sum authorized to be allowed and paid to tiiem by chapter 
seventy-seven of the resolves of the year eighteen hundred 
and sixty-seven ; such payment to be made upon the terms 
— to be re-im- and conditious contained in said resolve : provided, that the 
ury'from^iio'^^s'ac amouut of Said appropriation, together with the amount 
*" appropriated under chapter seventy-seven of the resolves of 



Couiniittee to re- 
port to legisla- 



Chap. 58. 

Committee to 
make cliRngea 
in the seats in 
representatives' 
hall, and to 
serve without 
pay. 

$10,000 appro- 
priated. 



Tunnel scrip. 



1868.— Chapters 60, 61, 62, 63, 64. 289 

the year eighteen hundred and sixty-seven, shall be re-im- 
biirsed to the treasury by issuing scrip for the same as a part 
of the first issue of scrip, which may be hereafter made in 
aid of the completion of the Troy and Greenfield Railroad 
and Hoosac Tunnel ; and provided, that a receipt in full of Proviso. 
all claims of whatever kind or nature on the part of said 
Herman Haupt and Company be given by said party to the 
treasurer of the Commonwealth. Approved June 9, 1868. 

Resolve in favor op the state almshouse at monsox. Chan. 60. 
Resolved, That there be allowed and paid from the treas- $5,000 allowed , 
ury of the Commonwealth, the sum of five thousand dollars I'tMonsi'astte 
to the inspectors of the state almshouse and primary school, Almshouse. 
at Monson, for the purpose of purchasing a new boiler and to 
make necessary repairs on the buildings and fences, and for 
grading the yards of the institution. Approved June 9, 1868. 

EeSOLVE in FAVOK of the widow of JAMES CAPEN, DECEASED- Chat). 61. 

Resolved, That there be allowed and paid out of the ssoo to widow of 
treasury of the Commonwealth, the sum of eight hundred •'^■"^^capen. 
dollars to the widow of James Capen, deceased, late a member 
of the house of representatives, for his services the present 
session ; and the same is hereby appropriated. 

Approved June 10, 1868. 
Eesolve in favor of the widow and minor child of jOhn nhnr) (^9 

H. BROOKS. i 

Resolved, That there be allowed and paid out of the si.ooo to widow 
treasury of the Commonwealth one tliousand dollars to the H.'Br''ooks°"''''° 
widow and minor child of the late John H. Brooks, of West- 
field, in the county of Hampden. Approved June 10, 1868. 

Resolve in favor of gershom b. weston. Chan 68 

Resolved, That there be allowed and paid from the treasury siso for expense 
of the Commonwealth to Gershom B. Weston, the sum of °*' '''='"'^''- 
one hundred and fifty dollars, to defray the expenses of his 
sickness while a member of the senate for the present session, 
and until he is able to return home. Approved June 10, 1868. 

Resolve in favor of the museum op comparative zo-ology /^A^„ aA 
and WILLIAMS college. y^fiiip. U'±. 

Resolved, That there be allowed and paid from the treasury »75,ooo each to 
of the Commonwealth to the museum of comparative zoology Jiratrzo-oC; 
and to the president and trustees of Williams colleo-e, each, ?;"?, ^^'i"''*'^^^ 

■ i f. , r .1 Till , P ' ^ 'i Collese. on cou- 

tne sum oi seventy-hve thousand dollars, to be expended dition that like 
under the direction of the trustees of said institutions respec- bTprivate'subi 
tively : provided, that the same shall be payable in yearly ^"'p"""- 
instalments of twenty-five tliousand dollars to each institution ; 
and provided, also, that the instalments as aforesaid shall be 



290 



1868.— Chapters 65, 66, 61. 



Chap. 65. 



Pay of members 
anil officers of the 
legislature. 



Chap. 66. 



Pay of mefoen- 
2ers, &f,., of the 
legislature. 



payable as soon as, and not before, a like amount is obtained 
for the same purpose 'ny private subscription. 

Approved June 10, 1868. 

Resolve fixing the compexsatiox of the members of the 
legislatuiie, the chaplains, the members of the executive 
council, and of the assistant-clerks of the legislature. 

Resolved, That there be allowed and paid out of the 
treasury of tlie Commonwealth, to each of the members of 
tlie senate and house of representatives, the sum of five 
dollars per day, for each day's attendance during the session ; 
to the assistant-clerk of the senate, and the assistant-clerk of 
the house of representatives, each, the sum of seven hun- 
dred and fifty dollars for their services at the present session of 
the legislature ; to the chajjlains of the two branches, four 
hundred dollars each, for the session ; to the lieutenant-gov- 
ernor, 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. To the clerks 
of the senate and house of representatives for additional cleri- 
cal services in preparing the copy of the journals of the two 
houses, for printing, the sum of two hundred dollars each. 

Approved June 10, 1868. 

Resolve in relation to the compensation of the door-keepers, 
messengers and pages of the senate and house op repre- 
sentatives. 

Resolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth to each of the door-keepers, assis- 
tant door-keepers, and 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 dollars and 
fifty cents per day, for each day's service of the present 
session, and to the chief door-keeper of the senate and house 
of representatives, one hundred dollars each, in addition. 

Approved June 10, 1868. 



Chan 61 Resolve in addition to a resolve in relation to improve- 
-f ' ' mexts and repairs of the state house. 

$94,000 allowed Resoloed, That the sum of ninety-four thousand dollars be 
ments an'd°re- allowcd aiid paid out of tho treasury of the Commonwealth 
house.*' ^^'^^^ ^or the payments of the debts already contracted for labor 
and materials in the improvements and repairs of the state 
house : provided, no bill or claim shall be paid until the 
same shall have been approved by the committee appointed 
under a resolve passed at the present session, entitled a 
resolve concerning the improvements and repairs of the state 
house ; and the same is hereby appropriated. 

Approved Ju?ie 11, 1863. 



1^ The General Court of 1868 passed three hundred and fifty- 
two Acts and sixty-seven Resolves, which received the approval of 
the Governor. In addition to these, an Act to repeal chapter 249 
of the Acts of the year 18G5, entitled "An Act to establish a State 
Police," and " An Act for the Better Enforcement of the Laws," 
were laid before the Governor for revision and approval, and were 
returned by him to the House of Representatives — in which body 
they originated — with his objections thereto; and being put upon 
their final passage, in the manner provided by the constitution, two- 
thirds of the members present, and voting thereon, having voted in 
the affirmative, the Acts were thereupon sent to the Senate, and 
being put upon their final passage, two-thirds of the senators present 
and voting thereon having failed to agree " to pass the same," they 
were declared lost, and thereby without force and effect. 

"An Act to incorporate the Maverick Bridge Company," and 
" An Act repealing a part of the eighty-seventh chapter of the Acts 
of the year eighteen hundred and fifty-two," were laid before the 
Governor, and returned by him to the Senate — where they origi- 
nated — with his objections thereto, when two-thirds of the members 
of each branch of the legislature having voted in the affirmative, the 
same have the force of law. 

" An Act to regulate the sale of Intoxicating Liquors " was laid 
before the Governor, and having failed of his approval, and not 
having been returned within five days after receiving the same, the 
legislature not having adjourned in the meantime, said Act acquired 
the force of law, and has been so certified. 

The legislature was prorogued on Friday, June 12, the session 
having occupied one hundred and sixty-four days. 



ACTS OF 1868 CLASSIFIED. 
General Statutes, or Acts of a public character, . . .130 
Special Acts, relating to individuals and corporations, . .225 

355 



INAUGURAL ADDRESS 



HIS EXCELLENCY ALEXANDER H. BULLOCK. 



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

ADDRESS. 

Gentlemen of the Senate and 

of the House of Representatives : 

It may well awaken our patriotic pride that we convene, at 
the beginning of a new year, public servants of a Common- 
wealth which is distinguished by independence, intelligence 
and contentment. Here also harmony, confidence and faith 
in the future prevail. No questions of the relations of the 
State with tlie National Union ; no doubts as to what we have 
done, or as to what we ought to do on the broad field of 
humanity and patriotism ; no fears of our public credit, wliich 
is subjected to little inquiry abroad because it is well sus- 
tained at home ; no general or particular apprehension as to 
our condition, or prospects, or duties, can disturb the reflec- 
tions appropriate to this day and this occasion. 

These facts ought, also, to quicken our sense of responsi- 
bility. Whatever we of this generation, as a part in the 
federal fraternity, have accomplished, and whatever as a local 
community we have attained, we owe largely to the virtues 
of our ancestors ; to their example of piety and morals ; to 



294 GOVERNOR'S ADDRESS. 

tlieir devotion to the welfare of tlie whole country ; to their 
support of education and philanthropy ; to their consistent 
practice of liberality and economy in all the affairs of state. 
We cannot afford to obscure, or forget, or neglect the lessons 
of our past. Tliey are to us a sacred treasury of resources. 
The thought of these examples, the imitation of them, varying 
only to accord with changing time and circumstance, may 
wisely be a chief influence in our own policy and action. 

FREE EDUCATION. 

We best give effect to one of the highest of tlieir examples, 
and we continue a policy which stood first and last with 
them, by granting a broad and ample support to the interests 
of popular education. The wisdom and the necessity of this, 
as au assurance of our civil and political strength among the 
States, were never more obvious than now. The well ordered 
finances and the concentrated and intense system of pro- 
ductive labor of the Commonwealth have done much to gain 
for it a renown in all parts of the world ; and these are 
dependent upon that mental training which has given to our 
industry its keenness, its energy and its transmitted life. 
But, beyond the tangible relations of the material arts, the 
conditions of our success and reputation at home and abroad 
depend in chief upon the manifestations of cultivated mind 
in every sphere of thought and action. This State, now a 
small spot among the divisions of tlie map, must rely mainly 
for a conspicuous part in the influences and forces of a great 
nation, upon its educated manhood ; educated for statesman- 
ship, and government, and science, and industry. There are 
no boundaries to circumscribe a Commonwealth in which 
such culture exists in full development. Tliis conquers 
prejudices, makes all sections one, and imparts to local liistory 
universality. 

In calling your attention to our public condition,! rejoice, 
therefore, that it becomes my duty to state that never before, 
in periods of peace or of war, have the returns of the de])art- 
ment of education been so encouraging as at this time. You 
will bear in mind that the last year has been one of thought- 
fulness and apprehension in relation to finance ; and yet, 
while the premonitions of financial embarrassments have 
usually been caught quickly by our towns, at no time before 
have they exhibited a perception of public difficulty so well 
matched by an equal readiness for public duty and sacrifice. 
In no former period have the people of Massachusetts proved 
themselves so largely just, and considerate, and generous in 
promoting the cause of education. I do not think that the 



GOVERNOR'S ADDRESS. 295 

returns of any previous year have illustrated such genuine 
progress. They indicate that the old system is at length 
reinvigorated by new ideas ; and that the State is moving 
onward and upward, following the ancient example, but 
reinforcing it with the power of later and better metliods. 

It appears from the returns of the last year to the secretary 
of the Board of Education that two hundred and thirty-six 
thousand pupils have been in attendance in the public schools 
during an average time of eight months. Of this whole 
number less than twenty-six thousand were below five or 
over fifteen years of age. The number of teachers employed 
during the year has been nearly eight thousand ; and the 
proportion of female teachers, now little short of seven-eighths 
of the whole, has been constantly increasing. Tiiis is a striking 
fact ; not unsatisfactory when we consider that nearly the 
entire number of pupils in the free schools are between the 
ages of five and fifteen. We have now readied that stage in 
our public education when it is settled that instruction from 
female teachers is hereafter to prevail ; and therefore it is' 
that, having on two former occasions invited attention to the 
subject, 1 desire again to urge upon the people through their 
representatives, the absolute importance, as well as the simple 
justice, of a more liberal measure of compensation for the 
services of these teachers. The past year has witnessed an 
increase in this particular of about eight per cent. But the 
rates paid to female teachers in the whole State do not yet 
exceed one dollar per day, and fall far below those which the 
same people who support public schools and believe in them 
pay to uneducated laborers upon their farms and gardens. 
We may hail with satisfaction the ratio of increase in this 
respect which has occurred in the last three years, but not so 
much for what has yet been attained as for what we are 
encouraged to expect in the years to come. I am warranted, 
tlierefore, in once more urging the transcendent necessity of 
making larger comjjensation to the teacliers of schools, because 
it is just, and because it will elevate not them alone, but also 
the schools and the whole people. 

Tlie amount raised by taxation during the year for the 
support of free education was $2,355,60.5.96, an increase 
from the previous year of 1362,828.57. This is far in 
advance of any annual increase heretofore realized, and it has 
been accomplished at a time when the public burdens have 
begun to be sensibly felt by the citizens. I know not any 
better way in which to express the measure of sacrifice 
which the convictions of d\ity have brought this people to 
make, than the bare statement that the sum raised by taxes 



296 GOVERNOR'S ADDRESS. 

during the last year for free education averaged nine dollars 
for each child in the State. If to these we add the returned 
expenses of private schools, the whole amount becomes 
$3,160,665.94; which is equal to more than twelve dollars 
expended upon every boy and girl between five and fifteen 
years of age. 

Accompanying all this increasing liberality in the support 
of public schools, there has been exhibited by teachers, and 
by a large class of citizens who have become interested 
ill this subject, a growing and expanding spirit of inquiry. 
Methods of instruction, and all the generalities and par- 
ticulars of the entire system, are sul)jected to open scru- 
tiny and discussion. In all the callings of life the best 
modern thinkers are expending their most ingenious and 
laborious thoughts upon this field of investigation. In the 
wide range of topics which these inquiries have raised, by 
no means inconsiderable or unimportant has been that of 
the discipline and government of the public pupils ; I call 
them puljlic pupils because they are all such ; though not 
taken from home or parentage, yet the wards of the State, 
under its beneficent and parental care. 

One of the questions greatly discussed by the people, and 
in a large portion of the reports of the committees, has been 
that of the utility and wisdom of the practice of corporal 
punishment. Considering that about seven-eighths of all the 
public instructors are young women, it becomes important 
to them, and to more than two hundred and thirty-six thou- 
sand children in their charge, that the least possible measure 
of this mode of discipline should be practised. In my semi- 
annual visits to the four Normal schools, where I have had 
occasion to counsel three hundred young women going forth 
to the responsibilities of public teachers, I have not refrained 
from a fVee expression of the opinion, which I cherish as a 
conviction, that a Christian civilization, a just and large 
humanity, and a progressive policy of education, call for the 
very general disuse of corporal punishment in the schools 
of Massachusetts. 

FINANCIAL CONDITION AND PROSPECTS. 

The financial interests of the State will necessarily com- 
mand the earnest attention of the Legislature. Never has 
there been more pressing need of carefulness and delibera- 
tion in tiie application and disposal of public resources, and 
in the preservation of the State and National credit. The 
present condition of our own finances will render the 
demand for wise legislation more than ever imperative. 



GOVERXOR'S ADDRESS. 297 

Witli the resources at our command, there need be no 
obstacle nor even embarrassment in the way of prompt and 
efficient measures to secure the highest welfare of the people, 
without imposing heavy pecuniary burdens. Having this 
purpose in view, after thorough inquiry into the whole sub- 
ject, I am enabled to submit for the consideration of the 
Legislature the three following propositions : — 

First, The funding of all present temporary and floating 
liabilities ; 

Second, Such provision as shall not fail to make sure the 
redemption at maturity of such additional funded debt, 
together with all present outstanding funded liabilities for 
the payment of which no provision has heretofore been 
made ; 

Third, The establishment of sinking funds to be derived 
out of resources already at our disposal, and in such amount 
as, with their accumulations, will secure that result without 
a resort to taxation. 

That these propositions are practicable and can be made 
available for the accomplishment of the purposes which I 
have mentioned, will clearly appear from the statement of 
the present condition of the public debt and resources of the 
Commonwealth, which I have the honor to submit for the 
information and action of the Legislature. 

The Funded Debt and Provisions for its Redemption. 

Of that portion of the funded debt of the 

Commonwealth, including loans to the 

Western, Norwich and Worcester, and 

Eastern Railroad Corporations, and 

amounting, on the first of January 

current, to 122,943,760 00 

the payment of 21,605,760 00 

is amply secured by sinking funds, bonds, mortgages and 
collaterals, the accumulations of the former being in some 
instances much more than sufficient for the redemption at 
maturity of the scrip for which they were established and 
pledged. 

The scrip loaned to the Troy and Greenfield Railroad 
Corporation, amounting to -f 1,720,680, is not included in the 
foregoing statement of funded debt. The redemption of 
this scrip was originally provided for in the establishment 
of the Troy and Greenfield Railroad Loan Sinking Fund, 
and its securities, now amounting to $9o,454.48, still remain 
in the custody of the Treasurer and Receiver-General. 

45 



298 GOVERNOR'S ADDRESS. 

Tlie payment of tliis loan, liowever, is guaranteed beyond 
a peradventure in the pledged I'aith of the Commonwealth, 
in which is now vested absolute title to the road and its 
appurtenances. But in accordance with the long established 
and sound financial policy of Massachusetts, I have no hesi- 
tancy in i-ecommending the resuscitation of this sinking fund, 
to be increased and supplied i'rom such resources as the 
Legislature may designate, and in such amount as shall 
insure means for the redemption of past and future issues 
of scrip for the payment of expenses involved in the com- 
pletion of the road and tunnel. 

That portion of the funded debt for which 
no special provision has been made, is 
now 81,338,000 00 

One of the principal items included in this 
sum is the Coast Defence Loan, for the 
redemption of which special provision 
should be made, amounting to . . 888,000 00 

The Coast Defence Loan was authorized by chapter 118 of 
the Acts of 1863, and of the proceeds derived therefrom 
there remains in the treasury, unappropriated, the sum of 
§359,062.28. Tlie whole amount expended in the purclnise 
of ordnance, repair and equipment of coast defences, and for 
the protection of harbors, &c., is thus far §132,187.72 ; and 
of the appropriation of §100,000 made by the Legislature of 
1867 for the protection and preservation of Cape Cod Harbor, 
at Provincetown, the sum of §97,000 still remains sul)ject to 
the requisition of the Commissioners as the work progresses. 
The amount, therefore, either actually expended or allowed 
for coast defences and protection of harbors is now §528,937.72, 
leaving the unappropriated balance as before stated. 

During the year 1866, a portion of the ordnance purchased 
witli this loan was sold, and the proceeds, amounting to 
§105,836.58, were paid into tlie State treasury. In the 
absence of any provision establishing a sinking fund for the 
redemption of the Coast Defence scrip, this money was placed 
to the credit of the ordinary revenue. As a measure tending 
directly and effectually to strengthen and advance the high 
credit already attained by Massachusetts at home and abroad, 
I earnestly recommend that this sum be set apart as the 
nucleus of a sinking fund pledged for the redemption of this 
scrip, which matures in 1883. To the fund thus created, 
enough should be added, either from the unappropriated 
balance remaining in the treasury to the credit of the Coast 
Defence Loan, or from the proceeds of re-imbursement soon 



GOVERNOR'S ADDRESS. 299 

expected from the United States government for coast defence 
expenditure, to malve an amount which, with its legitimate 
accumuhitions, will be sufficient for the desired purpose. If 
from the three sources above indicated, — the first two of 
which exhibit nearly i!525,000 in hand, — a Coast Defence 
Loan Sinking Fund of $866,000 were now established, the 
amount at six per cent, interest will redeem the entire loau 
at maturity, and that without a single dollar of taxation ; 
while of the original assets, a large sum will yet remain 
applicable to such uses as the Legislature shall see fit to 
elect. 

The Union Loan Sinking Fund, including the increased 
market value of its securities, is now nearly sufficient for the 
payment of the Union Fund Loan of $3,600,000, which 
matures in various instalments from 1871 to 1878. This 
fund, as I am confidently assured from official sources, will 
very soon receive an accession of more than eight hundred 
thousand dollars from the general government, in further - 
re-iml)ursemcnt of expenses incurred by Massachusetts on 
account of the war, upwards of six hundred thousand dollars 
of which is expected to be allowed in the course of the coming 
month. With this accession, the fund will be more than half 
a million of dollars in excess of the sum required for the 
payment of the Union Fund Loan. But nnder the pro- 
visions of the Acts establishing this fund, its accumulations, 
however needless, must continue, unless the Legislature 
shall direct their transfer to some other sinking fund 
where tiiey may well be applied to the redemption of the 
public del)t. 

It is thus apparent that the surplusage from these sources 
alone, viz. : the Union Loan Sinking Fund and the balance of 
the proceeds of the Coast Defence Loan remaining after the 
creation of a Coast Defence Loan Sinking Fund, as before 
suggested, together with the amount to be re-imbursed by 
the United States, cannot in all probability be less than one 
million of dollars, an amount which, if merged into a new 
sinking fund, would, with its certain accumulations, be quite 
sufficient for the payment, at an early day, of all the present 
funded and unfunded liabilities of the Commonw^ealth for 
which no provision has yet been made. I think no considerate 
legislator can fail to be impressed with the fact, that if a 
sinking fund, embracing such means, and pledged for such a 
purpose, were to be created, the financial interests of the 
State and of its people would be very materially and success- 
fully promoted. 



300 GOVERNOR'S ADDRESS. 

The Unfunded Debt, 

Represented by temporary loans and float- 
ing liabilities, amounted on the first of 
the present month to about . . . $1,908,120 00 

This indebtedness has accrued mainly from large and 
necessary advances in excess of the issue of scrip to meet 
expenses incurred, during the last four years, in the prosecu- 
tion of the work on the Troy and Greenfield Railroad and 
Hoosac Tunnel ; from the reimbursement of aid furnished by 
cities and towns to Massachusetts volunteers and their 
families, for which, in 1864 and 1865, inadequate provision 
was made in the assessment of the annual State taxes; from 
large and liberal expenditures authorized by acts of special 
legislation in excess of previous and well considered esti- 
mates, this excess amounting in the year 1867 alone to more 

than $5844,454 00 

from the largely increased interest on the 
public debt, and from the heavy premium 
on gold, the former amounting, in 1867, to 1,264,592 48 

and tlie latter to • 275,933 93 

showing an aggregate of more tlian tivo million three hundred 
and eighty-four thousand nine hundred and eighty dollars. 

As an additional explanation of the sources 
from which the present unfunded liabil- 
ities have arisen, it may be stated that the 
interest accruing upon tlie various loans 
of the Commonwealth has increased from 1112,773 43 

in 1861, to 1,264,592 48 

in 1867 ; while, during the same period, 
there has been paid from the treasury as 
premium on gold, upwards of . . 1,566,480 70 

the two items of interest and premium 

amounting to 6,096,977 30 

Of this sum there has been paid as interest on temporary 
loans, rendered imperatively necessary by the pressing 
exigencies of war and special legislation, not less than 
$935,793.48, which, with the premium on gold, making an 
aggregate of $2,494,029.74, could not iiave been anticipated 
with any degree of accuracy. Consequently, this heavy and 
extraordinary outlay has been but partially provided for in 
the basis of taxation. 

It should also be remembered that the exceptional or 
extraordinary expenditures authorized by acts of special 
legislation, in excess of previous estimates, amounted, in the 



GOVERNOR'S ADDRESS. 301 

years 1865, 1866 and 1867, to 11,290,134. These sums 
include, of course, the additional cost of the legislative ses- 
sions, the compensation and expenses for which, in 1867 
alone, were upwards of $284,800 ; also the increase required 
for the maintenance of other departments and in aid of 
numerous objects, including among the latter, the amounts 
autliorized for remodelling tlie State House and for other 
public buildings, and for improvements in Boston Harbor. 
The last two alone involve an expenditure of nearly half a 
million dollars ; while the maximum estimate for special 
allowances provided for in the State tax, was less than 
$100,000 (the estimate for the Troy and Greenfield Railroad 
and Hoosac Tunnel being entirely excluded from this state- 
ment.) 

Upon careful and critical investigation of the whole sub- 
ject, I suggest two methods for the retirement or payment 
of the existing unfunded loans and liabilities, affording, at 
the same time, effectual and much needed relief from the ' 
present burden of taxation. 

One of these is the issue of a loan similar to that of 1861, 
for funding the public debt, the liquidation of such loan to 
be provided for in the sinking fund already proposed from 
the surplus accumulations of the funds heretofore named. 
These surplus amounts will readily furnish sufficient means 
for a siniiing fund, which, with reasonable income from 
investment, will secure the redemption of at least three 
millions of scrip within the ordinary limit of maturity. 

The other method of relief is the issue of the balance of 
scrip, amounting to $479,320, authorized by the provisions 
of chapter 226 of the Acts of 1854, and by subsequent Acts, 
for the construction and completion of the Troy and Green- 
field Railroad and Hoosac Tunnel. Should this course be 
adopted, I recommend an addition to the amount by such 
further issue of scrip on the same account, in accordance 
with the provisions of chapter 304 of the Acts of 1867, as 
may be necessary to absorb that portion of the unfunded 
debt, now amounting to $2,300,000, which has accrued 
from advances iu excess of former issues of scrip in aid of 
this enterprise ; such further issue to include also whatever 
appropriation the Legislature shall see fit to make in this 
behalf for the present year. 

The liquidation at maturity of a loan of this character 
may be easily provided for in the Troy and Greenfield Rail- 
road Loan Sinking Fund already recommended. With the 
requisite legislation authorizing the Treasurer and Receiver- 
General to issue sucli scrip under the direction of the 



302 GOVERNOR'S ADDRESS. 

Governor and Council, tlie Ordinary Revenue of the Com- 
monwealth, from which such large advances have been made 
for this work, may be re-imbursed, and the amount, thus 
restored to its original and legitimate use may be a|)plied to 
the payment of ordinary expenses, obviating thereby neces- 
sity for heavy taxation. 

Of the practicability of either of these metliods of relief, 
there would seem to be no question. The adoption of one 
or the other must be effectual in the restoration of two or 
three milhons of dollars, which the necessities of the last 
four years iiave diverted from the ordinary uses of the gov- 
ernment ; while, with the aid most certain to accrue from 
such restoration to the treasury, together witli tlie usual 
ordinary resources of the Commonwealth, swelling up an 
aggregate of more than three millions of dollars, it can 
hardly be possible that the expenditures of tlie cui-reiit year 
will require a State tax exceeding two millions of dollars. 

I have all the more conlidence in the realization of this 
result, in the assurance that a loan authorized upon the basis 
proposed will command approval and favorable negotiation ; 
nor will it increase the funded debt of the Commonwealth, 
since, during the present year, a large portion of the West- 
ern Railroad Loan will mature and be paid, as will also instal- 
ments of the Northampton Lunatic Hospital Loan and of 
the Five and Six Per Cent. Loans of 1861, for all of which 
provision is made, the cash on hand in the treasury being 
applicable to the payment of the last two. With the pro- 
ceeds of the loan recommended, estimated at only two mil- 
lions, together with the ordinary revenue of the year, say 
one million two hundred thousand dollars, and a State tax 
of two millions, with such portion of the cash on hand as 
may be made applicable to tlie payment of current expenses, 
the whole amounting to upwards of five millions of dollars, 
it will be seen that the treasury will be fully siii)plied with 
means with which to meet all estimated ordinary expenditure. 

THE STATE CHARITIES. 

Li company with the Executive Council I have visited the 
several institutions of public charity as often as official busi- 
ness would permit, and I take pleasure in commending their 
appearance and general management. The unceasing injunc- 
tions to economy and retrenchment, proceeding from the 
Executive department, and from their own immediate super- 
visors, have been scrujnilously regarded ; and till prices 
regain their former level but little more can be expected, or 



GOVERNOR'S ADDRESS. 303 

in justice to the inmates should be required, in the reduction 
of expenditure, except throut2;h unceasing vigihmce in remov- 
ing at once those who are not justly chargeable to the Com- 
monwealth. And this policy is insisted upon, not from 
motives of economy alone, tliough it is the safety-valve of 
our whole system, but on the broad ground of that compre- 
hensive humanity which recognizes the assurance of an 
acknowledged and permanent liome, in case of disability, as 
the truest interest and safest protection of the poor. Few 
of our people know and still fewer appreciate the force of 
the fact that the number of lunatics and paupers we annually 
remove from the State is equal to the average number we 
support, and tliat any omission or i-elaxation of effort in this 
direction would not only nearly double our outlay for current 
expenses, but would cause a demand at once for new l)uild- 
ings and their costly equipment. For the year 18(37, the 
average number of State paupers in the almshouses, includ- 
ing the inmates of the State Workhouse and Primary School^ 
has been 1,717, maintained at a cost of about $165,000 ; and 
of lunatics supported by the State in the hospitals, a little 
over 500, costing ■|!!)5,0U0 more ; yet during tbe same period 
2,149 have been removed from the Commonwealth at a cost 
of less than $10,000. The whole number of these classes 
removed since 1857 is about 20,000, and the direct conse- 
quences have bee.n that no more public institutions have been 
established, but that one of those then existing has been 
closed ; that the average number of paupers supported in the 
State Almshouses has been reduced from 2,294 in 1856, to 
1,717 in 1867, a decrease of 577, or 25 per cent. ; and their 
cost from $173,000 in gold in 1856, to 1165,000 in currency 
in 1867 ; that the number of State lunatics, notwithstanding 
the large access chargeable to the rebellion, has not materially 
increased, and will soon fall below the number of twelve 
years ago ; and that the entire net cost of our State paupers 
proper, tliat is, those supported in the State Almshouses and 
Lunatic Hospitals, and relieved or buried by the cities and 
towns, does not exceed $280,000 for the present year. That 
system surely must have some efficiency which has met the 
results of twelve years' growth in population, encountered 
the obstacles arising from civil war and the derangement of 
the currency, and brought us through all so successfully that 
its actual cost in gold for the year just expired is less by 
many thousands than in 1855. 

The classification of the inmates of the State Almshouses, 
designated by law and put in force in the Autumn of 1866, 
continues to work well in practice. In these Institutions we 



304 GOVERNOR'S ADDRESS. 

have now four classes of persons : 1st, the chronic insane 
and the imbecile, numbering about 275 ; 2d, those entering 
the Almshouses from poverty induced by their own vicious 
indulgences, and sentenced to the State Workhouse, now 
averaging about 225 ; 3d, the children at the Primary School, 
numbering upwards of 400 ; and 4th, the paupers proper, of 
whom we have supported an average of between 700 and 
800. This classification is not yet completed, but it is surely 
if slowly progressing, and we shall soon have virtually in 
place of the four pauper establishments, one State Almshouse, 
one Asylum for the Insane, one penal and one educational 
institution, containing together fewer inmates, and main- 
tained at considerably less expense than under the former 
plan. That no inconvenience may befall the towns in the 
Southern and Western sectioijs of the State, temporary 
accommodations are provided at Bridgewater and Monson, 
for the few paupers they may have occasion to send thither. 
The object of this classification, is to separate the virtuous 
poor and especially the children from contact with the vicious, 
to give the children proper instruction, and to place them as 
soon as possible in suitable families, to the end that in social 
relations and the public school they may forget their pauper- 
ism. And the design of our whole system of charities, as 
administered by its supervising Board, I conceive to be the 
retaining of every person, as far as may be, in his natural 
condition in society ; if he loses it, his restoration thereto at 
the earliest moment ; if by infirmity of body or mind he 
cannot regain it, his support by local means in that manner 
which shall most nearly approach it in the vicinity of his 
friends, and among familiar associations. Failing all this, 
the maintenance of a comfortable Almshouse for the honest 
poor, — whence strangers shall be sent promptly to their 
homes in other communities — and of a house of toil for the 
vicious, who shall there be taught that they cannot prey with 
impunity on the earnings of honorable labor. These princi- 
ples seem sound in theory, practicable in execution, con- 
ducive to the greatest happiness of our dependent classes, 
and likely to promote a judicious economy. 

The closing of the Hospital at Rainsford Island, which 
was finally accomplished one year ago, has resulted most 
advantageously to the State. There has been no increase of 
admissions to the other institutions by reason thereof, and 
its disuse has occasioned no eml)arrassment whatsoever. 
The really sick, who would ordinarily have baen seat thither, 
have been provided for by tiic authorities of Boston, and the 
cost of this provision, with the entire outlay for the salary of 



GOVERNOR'S ADDRESS. 305 

the Superintendent, and necessary repairs, falls short of 
^8,000 ; while, previous to the adoption of this policy, the 
expenditures at the island averaged some $30,000 a year. 

The Lunatic Hospitals have heen managed with their usual 
efficiency, and present no noticeable feature, unless it be the 
extraordinary increase of the admissions from the general 
population, which have risen from 508 in 1865 to 6(32 in 
1867. Their cost to the Commonwealth varies witli the 
number of State Lunatic paupers, and with the rate of board, 
which is fixed yearly by the Legislature. At the present 
time the number of State Lunatics is 510, the price of 
board -$0.50 per week, and the annual cost about 198,000. 
The necessity for an additional Hospital, which seemed at 
one time inevitable, has been averted by removals from the 
State and by the establishment of the Asylum atTewksbury, 
whither the surplus of the harmless incurables is transferred, 
and where they are kindly cared for. 

All these institutions have been carefully supervised by- 
the Board of State Charities, whose officers have examined 
and removed their inmates, looked after the immigration 
into the Commonwealth, executed the laws of settlement, 
and performed the other manifold duties assigned by statute 
to this Board. They have met all their expenses for the 
year from their receipts, and have paid into the treasury a 
surplus of over $5,000. 

Institutions of Private Charities. 

For the condition and progress of the several Institutions 
of Charity aided by the State, to an amount exceeding in 
the aggregate $80,000, which might perhaps be judiciously 
lessened, I must refer you, with a single exception, to their 
Annual Reports. 

CORRECTIONS AND REFORMS. 

The State Prison. 

I am happy to state that the sudden increase of crime 
co-incident with the close of the civil war has at last culmi- 
nated, and that a sure but steady decrease has begun. The 
numl)er of commitments to the State Prison the past year 
was 128, being less than the average of o8 years, whereas in 
1866 it was 217. The expiration of contracts for labor, and 
their renewal at prices comparatively remunerative, have 
wrought an entire change in the finances of the prison, 
which during the past year has earned about $21,000 over 

46 



306 GOVERNOR'S ADDRESS. 

all expenses. The kindly interest of the excellent warden, 
manifested in so many efforts for the encouragement of the 
prisoners to walk in the better way, and for their intellectual 
and moral culture, has not passed unnoticed. It is due to 
him to say that he enjoys, as he merits, my entire confidence. 

Institutions of Reform. 

The institutions of juvenile reform are the Massachusetts 
Nautical School, the State Reform School for boys at West- 
borough, and the State Industrial School for girls at Lancas- 
ter. The average number in these reformatories was 687 in 
1866 and 752 in 1867. Their expenses for the past year are 
more than $140,000, an excess of at least $20,000 over the 
outlay of the previous year. This increase of juvenile 
offenders, not only in our institutions where it is limited by 
the insufficient accomodations, but throughout the commu- 
nity, as well as this fast growing expenditure, is calculated 
to excite our serious alarm. Already the inmates of these 
schools approximate in number to the aggregate of our 
State paupers proper, and exhibit an average cost for each 
pupil nearly twice as large. It may well be considered 
whether there is not something radically unsound in our 
modes of dealing with a question so vital to every commu- 
nity as the preservation of the morals of its yo\ith ; and 
whether a portion of the large and annually growing sum 
demanded for the cure of a disease already progressed so 
far, might not be expended more profitably in efforts for its 
prevention. It is also worthy of inquiry whether the inmates 
of these establishments perform an amount of labor propor- 
tionate to their age and productive capacities. Though of 
slight consequence to the State in the way of re-imbursement, 
this is of infinite importance to themselves for the preserva- 
tion of health and for acquiring power of application and the 
habit of daily toil. I am impressed with the conviction that 
we should advance no further in providing for this class of 
offenders at the expense of the State, either by creating a 
new establishment, or enlarging any one existing ; and that, 
like other petty criminals, these should be dealt with by the 
local authorities, who are quite as likely to understand their 
individual peculiarities, and to manage them with good 
judgment, economy and humanity. 

THE CLARKE INSTITUTION FOR DEAF MUTES. 

In my last annual message I had the honor to recommend 
that provision be made for the instruction of the deaf mutes 



GOVERNOR'S ADDRESS. 307 

of the Commonwealth, within our limits, and to add mj 
conviction that legislative action in this direction would 
develop rich sources of private beneficence. In response to 
this suggestion, the Legislature granted an Act of incorpora- 
tion to the Clarke Institute for Deaf Mutes, located at 
Northampton, which was organized in July last, and was 
formally opened for the purposes of instruction on the first 
day of October. 

My anticipations of private assistance were speedily real- 
ized ; and to a venerable citizen of the Commonwealth, whose 
name the Institution most appropriately bears, it is indebted 
for the most liberal endowment ever made to a similar insti- 
tution upon this continent. In coming years, when we shall 
have passed away, and our agency in this labor of love shall 
have been forgotten, successive generations of the silent 
restored to speech will articulate with gratitude the name of 
John Clarke, of Northampton, who, in faith, hope and charity, 
has devoted so large a portion of the accumulation of a life 
of honorable industiy to a work of Ciiristian philanthropy. 
I have no doubt that other generous citizens of the Common- 
wealth will respond to this act of munificence, and that before 
many years shall have elapsed, no child of Massachusetts will 
be compelled to seek the means of instruction beyond her 
limits. In company with members of the Executive Council 
and several officers of the State, I have recently visited this 
school, which, in recognition of her self-sacrificing devotion 
to this class of unfortunates, has been intrusted to an enthu- 
siastic and experienced teacher, Harriet B. Rogers. 

Although the school had been in operation but a few 
weeks, the progress of the pupils was not only satisfactory in 
the highest degree, but excited the admiration of experienced 
instructors among the visitors, I have no hesitation in urging 
the Legislature to cherish it kindly ; to remove gradually 
such restrictions in regard to ago or continuance of study as 
a wise caution has at first thrown around them ; and to 
assign to it such an increased proportion of the usual appro- 
priation for deaf mutes as its growing numbers may require, 
beyond the income of its endowment. In view of the fact 
that it is an educational institution, and on that ground is 
intrusted to the supervision of the Board of Education, and 
because it is the duty of the Commonwealth to furnish to all 
its children an education at the public expense, I suggest 
that future appropriations for its aid be drawn from the school 
fund of Massachusetts to the end that compliance with a 
public right may not be accounted as public charity. 



308 GOVERNOR'S ADDRESS. 

THE LAWS OF SETTLEMENT. 

For some years past urgent representations have -been 
made, not only by men of philantbropic instincts, but of 
practical knowledge and experience, that the Laws of Settle- 
ment of this Conimonwealtli are neither in accordance with 
the spirit of the age nor adapted to the present constitution 
of our society. 

The right of settlement or legal residence seems to be based 
on the theory that contribution by an individual to the public 
wealth or welfare, and bearing for a specified period his 
proportion of the common burdens, should entitle himself, 
his family and posterity to public aid or support in the days 
of their disability. It is a species of mutual insurance inter- 
woven in the social compact, and no disgrace can properly 
attach to the enjoyment of its benefits, uidess the disability 
proceed from an unworthy cause. Our earliest settlers 
brought with them from the mother country this familiar 
institution, and speedily provided for it in colonial and pro- 
vincial laws. As in a new country interest and policy 
demanded the ready acquisition of all the rights of domicile 
and citizenship they ordained, as the condition of settlement 
in a town, at first three montlis' and afterward one year's 
residence of the individual without being " warned out" of 
its limits, or receiving public assistance during that period. 
And this settlement once gained in any town within the colony 
or province was never to be defeated or lost, save by the 
gaining of a new settlement in some other town in the same 
colony or province. 

I am informed that, as early as 1639, provision w^as made 
for lawfully settling all poor and unsettled persons, and that 
the first instance of State pauperism, so called, mentioned in 
the history of Massachusetts, occurred in the time of King 
Philip's war, when the ruined and houseless inhabitants of 
the i-avaged districts were distributed by the General Court 
for maintenance among other towns of the colony. So early 
did our forefathers initiate the principle which has nearly 
ever since pervaded the legislation of Massachusetts on this 
subject, and which, in my judgment, can be extended yet 
farther with advantage, — that it is better that paupers should 
be chargeable upon towns than upon the State. But after 
the lapse of a hundred and fifty years, a denser and more 
varied population and the upheaving of ancient landmarks 
by the Revolutionary war induced a change, and nearly three- 
quarters of a century ago new and more stringent regulations 
were adopted ; borrowed in the main from the English code, 
and constituting substantially our jjresent system. The 



GOVERNOR'S ADDRESS. 309 

principal requisitions to settlement are now residence for ten 
successive years without receiving pnblic aid, with the pay- 
ment of all taxes assessed for State, county or town purposes 
for any five years during tliat time, or the i^esiding upon one's 
own real estate for three successive years, — the party always 
being a citizen and of lawful age. These conditions might 
have been well suited to the needs of an agricultural and 
commercial population, secure in its own permanence. But 
the progress of manufactures among us has developed new 
and unforeseen relations towards our countrymen from other 
States, while Immigration has imposed new duties toward 
our brethren from other lands. Both classes, seeking homes 
among us, have added largely to our productive energies and 
material wealth ; but for both, the conditions of acquiring 
settlement are far too onerous. Compelled to follow the ebb 
and flow of the demand for labor, they can hardly maintain 
an uninterrupted residence of ten years in a single town ; 
or, if perchance they accomplish it, some wary official will, 
omit to assess thera for the fifth time, or abate a tax with 
ready lenity. Large numbers are thus, in ignorance of their 
rights, deprived of the residence they are on the point of 
acquiring, — and after a sober and industrious life, in the 
infirmity of age, are given over to a State almshouse. Mean- 
while our permanent and settled population has been grad- 
ually and surely decreasing, its young men having removed 
southward and westward, and peopled new States from the 
loins of Massachusetts. And so far has this process advanced 
of rapid decrease and slow increase of settled residents that 
competent jiulges avow their conviction that already our 
settled population numbers less than one-half of the people of 
the State. 

Thus we are steadily departing from the wise policy of our 
fathers, by insisting on these rigid regulations, wlien the 
century that gave birth to them has passed away, and in 
declining to recognize the changed circumstances of a new 
era. We are sundering localities. We are destroying the 
family relation, breaking up and dispersing households 
perhaps never to meet again. We are multiplying the number 
of juvenile offenders, whose disposal and management are 
already a problem that puzzles our wisest and most expe- 
rienced men. We are depriving communities of labor, that 
should be as permanent and available as the natural laws of 
supply and demand will allow. We are aggregating our poor 
in huge institutions, intensifying every defect, and violating 
sanitary laws. We are destroying all their ambition, demor- 
alizing and permanently pauperizing them. In short, we 



310 GOVERNOR'S ADDRESS. 

are infringing just principles of political economy, and piling 
up a huge burden for the finances of the State. 

Moved by these pressing representations of thoughtful, 
humane a«d experienced men, 1 was induced to give the 
subject sucli investigation as I was able, but soon discovered 
that a far-seeing and true-lieartcd man had trodden tlie path 
before me. In his last annual message Governor Andrew 
earnestly advised a revision of the laws of settlement and 
proposed specific additions. These, I regret to say, were 
with one exception defeated in Committee, on the ground 
that the present statutes had been thoroughly adjudicated 
and that any change would give rise to embarrassing litiga- 
tion. But I concur entirely with my predecessor that deci- 
sions and precedents and reverence for ancient forms of law 
must not stand in the way of sound political economy, 
humanity and morality. I have therefore the honor to renew 
most of liis suggestions, with others which fartlier inquiry 
has developed, and bespeak for them your earnest considera- 
tion. It will be observed that these propositions point rather 
to an extension than an alteration of the present statutes, and 
are not likely to provoke any serious litigation. 

1. Aliens, having completed all the other conditions of set- 
tlement, except the act of naturalization, shall enjoy the same 
privileges in that regard as the native born. If the theory is 
correct that service rendered should entitle to legal residence, 
no accidents of birth or color or race or sex should bar any 
from equal rights of acquisition and emjoyment. In limit- 
ing this privilege to citizens JMassachusetts stands almost if 
not entirely alone among the States. This should no longer 
be permitted. In her justice and her charity she should 
recognize no frontiers but those of humanity itself. 

2. A method should be provided whereby single women 
may gain a settlement. After useful and guileless lives 
of industry and self-sacrifice, we should not permit them 
in their advancing age and infirmity, to be torn away from 
the friends and associations and homes of half a century, to 
linger out the remnant in a State Almsliouse. 

8. Cities and towns should be prohibited under penalty 
from sending to a State Almshouse, or otherwise charging 
upon the Commonwealth, any person whose paternal settle- 
ment is obscure, but who has a well known maternal settle- 
ment. I am assured by the officers of our charities that the 
rights of citizens, in this respect, are not sufficiently protected 
by the Statutes. 

4. I recommend careful inqiiiry whether the prerequisite 
often years' continuous residence may not safely be reduced 



GOVERNOR'S ADDRESS. 311 

at least to the maximum of the neighboring States. Maine 
requires but five years' residence, New York but one, and, if 
my information is correct, the maximum of the others is 
seven. And farther, I suggest whether assessors shall be 
permitted to prevent the acquisition of a settlement by omis- 
sion to impose a tax, or abatement of any already laid. I 
cannot doubt that a great amount of hardship will be averted 
by these two changes alone. 

5. I earnestly recommend a thorough investigation of the 
expediency of encouraging the towns to assist at home worthy 
and industrious families which have no settlement, with a par- 
tial or full re-imbursement from the State, in the same man- 
ner and under the same supervision as that now adopted for 
the relief of the sick poor therein. It is clear to my appre- 
hension that the grant of a little temporary aid, in the way 
of fuel or supplies, may save the maintenance of the entire 
household for months in a public institution. 

6. And, finally, I have to call the attention of the Legisla- 
ture to a remarkable anomaly, which requires their imme- 
diate interference for the protection of our own tax-payers. 
While our settled residents number only a few hundred 
thousand, we are yet, by our own laws, responsible for the 
support of all the descendants of every man and woman 
who has ever gained or derived a settlement within our 
limits, who must surely be counted by millions. No matter 
if centuries have elapsed since one of the family set foot on 
our soil, the obligation is still the same, and wherever they 
may be scattered over the face of the earth, their sick, their 
insane, their defectives, their paupers may return to Massa- 
chusetts to be supported by the town of original settlement. 
And although they may have acquired a subsequent settle- 
ment in another State, in towns where they will be acknowl- 
edged and provided for, yet our own Statutes, as the 
Attorney-General informs us in a most elaborate and able 
treatise, forbid us to remove them except with their free con- 
sent. Two or three illustrations will suffice. One hundred 
years ago a resident of a small town in the county of Wor- 
cester whose political sentiments, according to tradition, were 
obnoxious to his fellow-citizens, emigrated to a neighboring 
State, where he lived and died, and his descendants after him 
to the fourth generation, all having settlements in that State, 
and nearly all being owners of the soil. A few years since 
one of his great-grandsons returned to Massachusetts, became 
insane, and was sent to a Lunatic Hospital at a cost to the 
small town above named, whence his ancestor originated, of 
about twelve hundred dollars up to this time, and of two 



312 GOVERNOR'S ADDRESS. 

liundred dollars a year, in addition, as long as he may live. 
He cannot legally be returned to bis own birtbi)lace and the 
home of his fathers for four generations. About 1743 a 
family left a small town in the county of Bristol and gained 
settlements successively in three other New England States, 
never returning to reside in Massachusetts. One hundred 
and eighteen years afterward four idiot members of this 
family were returned to this State to be supported by the 
ancestral town at an expense of not less than six hundred 
dollars a year. A town in the county oT Norfolk, by virtue 
of an ancestral settlement, is now compelled to support a 
lunatic who escaped a few montlis since from the Almshouse 
of his native city, where his legal residence is undisputed. 
It is just that our people should be relieved of these burdens, 
which no other State imposes on its citizens. And I there- 
fore recommend the early adoption of a provision allowing 
such persons to he returned to the place of subsequent 
settlement. 

Aware of my inability to treat, as it deserves, a subject so 
intricate and delicate, I trust that I have said enough to 
induce at least the initiation in this Legislature of a more 
liberal policy toward our industrial classes. 

In view of the importance of friendly and harmonious 
legislation on immigration, pauperism and settlement 
throughout New England, I have authorized the officers 
of our charities to confer with the Executives or Legislatures 
of the other States, and to take measures, if possible, to 
secure it. New Hampshire has already responded by Resolu- 
tion of her Legislature, and I should be gratified if our own 
would formally sanction the individual action of her Execu- 
tive authorities. 

THE MILITIA. 

The number of men present at the last fall encampments 
of the Volunteer militia was five thousand seven hundred 
and fifty-three ; an increase from the attendance in the 
previous year of nearly seven hundred. It is my oppor- 
tunity and pleasure to assure you, from my personal obser- 
vation, that the appearance and service of the force during 
the five days of camp duty were in the highest degree credit- 
able. One-third of the present number of enrolled men 
have served the United States in the recent war, and their 
cheerful enlistment into our volunteer companies entitles 
them to the grateful appreciation of all citizens. The laws 
relating to our military system, as they stand since the 
amendments made by the last Legislature, work apparently 
well, and no essential revision appears to be necessary. 



GOVERNOR'S ADDRESS. 313 

The change of the period of camp service, from three 
days to five, has in the single experiment made under it 
manifested most satisfactory results. Upon a recent occasion 
of popular demonstration towards a distinguished officer of 
the army of the United States, Major General Sheridan, 
nearly five thousand of these men, of their own volition and 
without pay, performed the duty of escort ; and I do not 
speak with language of extravagance in saying that never 
before has the militia of Massachusetts, by a thoroughness 
of discipline and practice, and an entire absence of ostenta- 
tion, so well justified to eveiy observer the expenditure 
necessary to mai;:itain this organization for our protection 
and defence. 

The number of companies which now constitute this arm 
of the public service comprises ninety-two of Infantry, six of 
Cavalry, and four of Artillery. The amount expended for 
military bounties and for armories has been nearly ten thou- 
sand dollars below the appropriations" made by the last ■ 
General Court.' 

The annual cost of maintaining such a force as the present, 
under existing laws, is not far from one hundred and fifty 
thousand dollars. Plowever large this sum may appear, it is 
my deliberate judgment, formed in the light of the lessons 
of experience, and with a full knowledge of the present 
admirable condition of the force, that no item of public 
expenditure is better justified than this. I challenge com- 
parison from all the States of an equal amount expended 
and an equal array of results accomplished. 

The public stores in the arsenal at Cambridge are now in 
excellent condition, and it will be the pleasure of the patriotic 
officer in charge to exhibit the buildings and military material 
at any time to the members of the General Court. 

TROY AND GREENFIELD RAILROAD AND HOOSAC TUNNEL. 

In my communication to the Legislature one year ago I 
stated that under direction of Chapter two hundred and 
ninety-three of the Acts of 1866 the construction of the 
railroad between Greenfield and the Tunnel had been con- 
tracted for, and that a lease of the same had been executed 
under the approval of the Executive Council. The road has 
now been completed as far as Shelburne Falls, a distance of 
thirteen miles, and the corporations, lessees, have commenced 
the running of regular trains. It was formally opened two 
months ago, and the great attendance of ])eo])le, and the 
deep interest manifested by them in the first advent of the 

47 



314 GOVERNOR'S ADDRESS. 

locomotive into the valley of the Deerfield, afforded striking 
proof of the value fixed by the whole population of the 
North- Western portion of the State upon their new connec- 
tion with general commerce. The remaining portion of the 
line, extending from the Falls to the mountain, seventeen 
miles in length, will be finished in the next summer, and 
will constitute the completion of a road of thirty miles, built 
at a fair cost and holding a strong relation to the interests of 
the whole public. 

The progress of the work upon the Tunnel itself, though 
prosecuted at some points under adverse circumstances, has 
as a whole been highly encouraging for the future. During 
the year a contract was made with three experienced men 
for work on the Central Shaft and the East End, but after a 
sufficient trial it appeared that the parties would be unable 
to execute it, and the relinquishment of the contract was 
accepted by the Governor and Council and operations at 
those points were resumed by the State. 

The prosecution of the work at the Central Shaft was 
arrested in October by the destruction of the buildings and 
machinery by fire, which was also attended by a lamentable 
loss of human life. Measures have been commenced for the 
earliest replacement of the fixtures, and for the continuance 
of that excavation. Notwithstanding this and other draw- 
backs, there was at this point in a period of twelve months 
an increase of progress over the preceding, of seventy-six 
feet. 

At the West End, which, under a policy initiated by Mr. 
Brooks, the former chairman of the Commissioners, has 
been worked upon the contract system for nearly a year and 
a half by the very efficient contractor, there has been a good 
advance and reasonable success. The original contract has 
been repeated upon terms more favorable to the State, and 
its execution promises every anticipated result. 

At the West Shaft, upon the two linear headings, there 
has been a decrease of advance compared with the corres- 
ponding months of the previous year, of one hundred and 
twelve feet. This loss has come from the great influx of 
water without a pumping capacity to dispose of it. A pol- 
icy, in this particular, intended for economy, has in my 
judgment been found to be erroneous, and I cannot doubt 
that it would have been a true economy to have provided 
one year ago at a greater expense for larger and more effi- 
cient pumps. But the knowledge of present difficulties has 
now prepared the Commissioners to meet them with a proper 
application of power to overcome them. The obstacle of 



GOVERNOR'S ADDRESS. 315 

water can be and will be overcome, and a rate of advance 
corresponding to the prosperous results realized at the East 
End may be expected. 

At the East End the linear advance has been within the 
year one thousand and fifty-one feet, showing; an increase 
over the previous year of four hundred and fifty-nine feet. 
The drills have proved an entire success, and this class of 
machines will be soon introduced into the West Shaft, where 
they should accomplish similar results. 

The Report of the Commissioners and that of the consult- 
ing Engineer will be transmitted to the Legislature at an 
early day. The consulting Engineer, Mr. Benjamin H. 
Latrobe, has, during the year, visited the Tunnel of the 
Alps, and has presented in his report a variety of facts 
learned there which will be found to possess miich interest. 
That great work has now proceeded nearly twenty-five 
thousand linear feet, leaving fifteen thousand yet to be 
accomplished. That enterprise, like our own, was beset 
with many difficulties in its earlier stages ; but by a con- 
stantly accelerating progress from year to year, it has 
attained a result of nearly four thousand feet in the nine 
months preceding last October. After weighing carefully 
all the unfavorable as well as the favorable circumstances 
which surround our own work, it is my firm belief that a 
similar acceleration may be expected here ; and that this 
undertaking can be finished within the time and cost esti- 
mated by Mr. Latrobe in his report for 1866, which will 
be found stated in my last address to the two Houses. 

AGRICULTURE — THE AGRICULTURAL COLLEGE. 

The success of farm labor has been signal, notwithstand- 
ing the adverse character of the seasons. The display of 
stock and products at the public fairs in the autumn was 
gratifying, and the number of people who gave attendance 
was without parallel in the past years. It is manifest that 
while the pursuits of trade and the practical arts obey ten- 
dencies to centralization in the cities and large towns, yet of 
the population thus massed together for business a propor- 
tion constantly increasing choose homes in the country with 
the attractions of rural life. Such expend much of their 
time, their capital, and their faculties npon experimental 
agriculture and horticulture. The influence of this has 
been already perceived in the improvement of the quality 
of stock, and in a larger development of the productive 
capacity of our soil. Simultaneously, and not less benefi- 



316 GOTERNOR'S ADDRESS. 

cent, lias been the efFect of this change in the modes of life, 
of a large and influential class of citizens upon the character 
of our whole population, creating tics of common interest 
and sympathy between classes hitherto in many respects 
widely differing; displacing jealousies by the substitution of 
good will, and extending harmony through the social and 
industrial relations of all. 

The last General Court added four to the number of in- 
corporated agricultural Societies, making twenty-nine in all. 
It may well be doubted whether of these there are not now 
quite enough for their own efficiency and for the public 
finances. Many of these bodies are already well supplied 
with means, and scarcely need the aid of bounty from the 
treasury. I suggest for your consideration, whether a 
reduction in the amount of the bounties might not wisely 
be effected by encouraging one-half of the societies in alter- 
nate years, and l)y limiting the patronage of the State to 
bieiniial exhibitions instead of annual. Doubtless annual 
shows would still continue to be held. 

The annual report of the Massachusetts Agricultural 
College will in due time be submitted to the General Court. 
This institution was established by the Legislature of 1863, 
upon the foundation of the grant by Congress of three 
hundred and sixty thousand acres of the public lands. The 
proceeds of the sale of one-tenth of these were allowed for 
the purchase of a farm, and two-thirds of the income of the 
fund obtained by the sale of the remaining nine-tenths was 
given to the College as an endowment. So far as I am 
informed, our own is the only State which has applied the 
gift from Congress to the purposes of education explicitly 
and wholly in the interest of agriculture. In Octol^er last 
the institution established in the town of Amherst was 
opened for the reception of pupils, who already number 
forty-seven, comparing favorably in every respect with the 
classes in the other colleges of the State. It has been the 
policy of the trustees, to apply the sum of seventy-fiv^e 
thousand dollars, pledged by the town of Amherst, to the 
erection of buildings requisite to carry out the experiment ; 
and such buildings have been completed and are now used 
to their full capacity by the first class that has entered. A 
plant house has been constructed upon a liberal scale, at a 
cosl of ten thousand dollars, given for that purpose by Mr. 
Nathan Durfee, a public-spirited citizen of Pall River. The 
whole sum already invested in the College is $275,000. A 
detailed statement of the plans of study and management of 
the institution, the operations upon the farm, and the general 



GOVERNOR'S ADDRESS. 317 

success tlms far of a system of agricultiTral education which 
combines theory and practice, will be found in the report of 
the Trustees. 

I am aware that this whole enterprise is in its l)eginning 
regarded by many with that kind of incredulity which is too 
apt to disparage all great experiments ; but the College has 
been established by the Commonwealth, and the magnitude 
of the amount invested, the public demand for more liberal 
training of those who will devote themselves to this too long 
neglected class of industrial pursuits, and the demonstrated 
tendency of every school of learning in the interest of prac- 
tical labor to increase the wealth and improve the character 
of the people, call for the exercise of a large patience and 
liberality in awaiting and judging the results. The well 
approved character of the president and other officers of the 
institution is a guaranty that the experiment will not fail for 
want of zeal or ability in its friends. 

BANKS FOR SAVINGS. 

I have been greatly impressed by the results returned to 
me by the Commissioner of the Institutions for Savings. It 
appears that in October last the amount of deposits in one 
hundred and eight .savings institutions was more than 
eighty millions of dollars, $80,481,583.71 ; with a surplus of 
earnings on hand of <f •3,172,877.01 ; making an aggregate of 
$83,U0 1,460.72, Of this sum five-eighths have accumulated 
within the last ten years. This amount exceeds the paid-in 
capital of all the National banks in Massachusetts by more 
than three and a half millions of dollars. The increase of 
deposits during the year has l)een $12,699,819.40 against an 
increase of -I [,790,781.79 in the previous year. Tiie cause 
of this extraordinary increase may in part be found in the 
facts, that these institutions have very generally raised their 
ordinary rate of interest, and that they have paid large extra 
dividends during the past three years, which they have been 
enal)led to make by reason of their income from National 
Bank stocks, (one-eighth of which in this Commonwealth 
they own,) and from interest and premiums upon United 
States and State securities. 

I shall not venture to indulge in conjectures or specula- 
tions concerning the future prospects of these institutions, in 
the present unsettled condition of the financial policy of the 
federal government. One thing is quite evident ; that how- 
ever others may reason about the national securities and the 
national credit, there are in Massachusetts three hundred 



318 GOTERNOR'S ADDRESS. 

forty-eight thousand five hundred and ninety-three persons, 
depositors in the banks of savings, who are by that relation 
the owners of thirty millions of federal bonds and eleven 
millions of national bank stocks, which is one-half of the 
whole of their deposits, and to whom it is of vital importance 
that the government of the United States should keep good 
faith with its creditors. 

Under the operation of the law relating to the rate of 
interest, enacted by the last General Court, the savings 
banks almost without exception have charged seven per cent, 
upon their loans ; and this practice appears to have been 
entirely satisfactory to borrowers. One result which I com- 
mend to the attention of our citizens is expressed by the fact 
that five millions [5,000,000] have recently been loaned by 
these institutions upon the security of mortgages of real 
estate. I hear from many parts of the Commonwealth that 
there is a drift of opinion in favor of extending the line of 
loans in this direction ; and in my judgment this must be 
received as one but not an inconsiderable proof of the prac- 
tical benefits of this change of the laws of usury. 

THE INLAND FISHERIES. 

I invite your favorable attention to the very interesting 
report of the commissioners on fisheries. The Lowell and 
Lawrence fishways were opened last spring with such success 
that during the summer both salmon and shad were taken 
near Nashua in New Hampshire, for the first time since 1849. 
Since their completion, that State, having made successful 
experiments with spawn, and taken measures to restock the 
Merrimack with salmon, awaits only the construction of fish- 
ways over our mill-dams on the Connecticut, to stock that 
river also. By the report of the commissioners it appears 
that the proprietors of the dams at Hadley's and Turner's 
Falls on the Connecticut, withhold, or positively refuse, that 
co-operation which the mill-owners of Lawrence and Lowell 
were glad to afford. I ask your consideration whether it is 
not possible to overcome by legislation the difficulties which 
the commissioners recite, arising from the indifference or 
opposition of the proprietors at Hadley's Falls. The move- 
ment to restock the New England rivers with useful fish is 
one in which all the New England States, except Rhode 
Island, are engaged, through commissioners who have asso- 
ciated themselves informally into one common board in order 
to insure harmony of action. Li respect to the Merrimack 
and the Connecticut, its success depends on harmony of legis- 
lation between the States traversed by those rivers. Having 



GOVERNOR'S ADDRESS. 319 

pledged ourselves to Vermont, New Hampshire and Connect- 
icut, to co-operate with them for this common object, I can- 
not but think that those States will have reasonable cause of 
complaint if we shall neglect to remedy the obstacles on the 
Connecticut River for which we, as a State, are in part 
responsible by having incorporated the proprietors who have 
built the dams ; and if, after consideration, it shall seem to 
you to be impracticable or injudicious to require them to 
remedy at their own cost the damage to the fisheries which 
the dams are causing, then I see no other course than to 
construct a fishway at Hadley's Falls at the expense of the 
Commonwealth according to the estimate of the commis- 
sioners. The State of Connecticut has passed an act prohib- 
iting the taking of shad in the Connecticut River at any 
season of the year except during the three months following 
March 15, and prohibiting the taking of salmon there abso- 
lutely until March 15, 1872 ; but on the condition that Mas- 
sachusetts, at the present session of the General Court, shall 
prescribe the same limitations on the taking of those fish in 
that part of tlie river which lies within our territory. I cor- 
dially advise concurrence in this legislation. 

I commend to especial attention those portions of the com- 
missioners' report relating to the artificial propagation of 
fish, and to the experiments of Mr. Seth Green, at Holyoke, 
which it treats with great earnestness. The subject is one 
not of mere scientific interest, but of great practical impor- 
tance to all classes of our people by its bearing on the prices 
and supply of food. If the results attained by Mr. Green, of 
increasing the production of fish seventy-fold by artificial 
breeding are capable of general repetition, it opens a new 
and very important field of productive industry, of the value 
of which the commissioners afibrd significant indications by 
reference to the value of the inland fisheries of Scotland, 
Ireland and Wales. In 1868, those countries, with an area 
about equal to New England, furnished to the London 
market alone 3,712,016 pounds of salmon, worth more than 
a million dollars ; the fishing-rental of the river Tay alone 
for 1864 was $75,000 gold ; and these results, considerable 
though they may appear, have been greatly surpassed in later 
years during which the artificial breeding of fish has been 
more extensively and intelligently prosecuted. 

STATE AGENCY AT WASHINGTON. 

I beg to recommend the renewal of an appropriation for 
the support of the State agency at Washington. The past 
year has been the first, since the agency was established, dur- 



320 GOVERNOR'S ADDRESS. 

ing which Massachusetts has had no troops in service in the 
field ; but with the close of the war arose a large business in 
the prosecution of our soldiers' claims for bounties, pensions, 
and arrears of pay, and in the investigations necessary to 
correct and certify the military records of the adjutant- 
general's office, which has kept the agency constantly and 
usefully employed. On December 1, 186(3, it had in its 
charge 2,316 unsettled claims of our soldiers. During the 
year wliich ended December 1, 1867, 2,697 additional claims 
were prosecuted by it, almost all of them being received 
througii the office of the Surgeon-General of the State ; and 
1,879 claims were finally settled, on which there were col- 
lected from the United States for the clailnants #203,458.41. 
Tiie number of unsettled claims now in its charge is therefore 
more than three thousand. During the past year it has also 
ascertained and certified for the records of the adjutant- 
general's office the military history of 3,719 men. The total 
of its expenses for the year has been less than seventy-five 
hundred dollars. I am satisfied that among all the l)enevo- 
lent expenditures of the State, none is productive of more 
good at less cost. The amount of money which the agency 
has saved to poor families of soldiers, who otherwise would 
have been preyed upon by dishonest claim-agents, exceeds 
many times the expense of its support, to say notiung of the 
ease of mind it affords to such poor people by the conscious- 
ness that their affairs are in the hands of officers of approved 
character, responsible to the Commonwealth for their con- 
duct. In other ways also the experience of our State agent 
at Washington has been availed of, especially in regard to 
the preparation and settlement of the claims of Massacliusetts 
on the general government for re-imbursement of military 
outlays, to which I have alluded elsewhere. The time, 
doubtless, is not far distant, when the agency may be discon- 
tinued ; but for the present, I am persuaded that its contin- 
uance is needful. I refer you to tlie report of the Surgeon- 
General for an account in detail of its business and expenses. 

THE PAYMASTER AND BOUNTIES. 

At the commencement of the present year I directed the 
Paymaster's department to be finally discontinued, believ- 
ing that the payment of any bounties subject to call may 
reasonably be conducted through the permanent departments 
of the government; at the same time employing a single 
person to complete the records of that office which will be 
absolutely essential in years to come. 



GOVERNOR'S ADDRESS. 321 

Of the bounties still purporting to be due and uncalled 
for, a large portion date back two, three, four or more years. 
Considering the extensive desertions in the last years of the 
war in connection with the bounty system, and bounty 
brokerage in its various modes of fraud, it may be reasona- 
bly assumed that in a great number of cases those who 
might have claimed these bounties uncalled for, were 
deserters, knowing that they have forfeited tiie allowance to 
which actual service would have entitled them. In the last 
two years many instances liave occurred of claimants and 
others ascertaining the names of soldiers having sums of 
money standing to their credit on the rolls, and then manu- 
facturing evidence upon "whicli to secure the payment of the 
same. In some cases, when rejected by the Executive, these 
have been urged upon the Legislature, generally without 
success. You will permit me to suggest a close scrutiny of 
any sucii claims which may be presented during the present 
session. Desiring to do substantial justice to the soldiers 
and to the treasury, I have directed the Paymaster to turn 
over to the Adjatfuit-General for revision all bounty rolls in 
bis possession which accrued under the jurisdiction of the 
provost-marshals, all other rolls having been previously 
transfeiTcd for the same purpose. I have also requested the 
Treasurer to furnish to the Adjutant-General for that pur- 
pose a descriptive list of all to whom full or monthly boun- 
ties still appear to be due on his unpaid rolls, and not himself 
to make further payment of the same unless duly certified 
on new and properly approved rolls. This course will 
unquestionably accomplish justice to all, and will legitimately 
close up what remains of this great account. 

THE HARBOR OF BOSTON. 

Much has been done and still more proposed during the 
past year for the benefit of Boston Harbor. Immediately 
after the appointment of the Harbor Commissioners in 1866, 
they caused surveys to be made by their engineer, Mr. 
Albert Boschke, to ascertain what ought to be done for the 
protection and improvement of the lower harbor. These 
surveys were made with great care. Mr. Boschke's estimate 
of the expense of the necessary works amounted in the 
aggregate to something more than a million dollars. The 
plan of the whole work was approved by Major-General A. 
A. Humphreys, Chief Engineer of the United States Army, 
and recommended by the Secretary of War. 

At the final session of the last Congress the Harbor Com- 
missioners presented a petition for an appropriation to 

48 



322 GOVERNOR'S ADDRESS. 

protect and improve the outer harbor. The necessity of the 
aid sought being apparent, Congress granted an ajjpropria- 
tion of three hundred and seventy-five thousand dollars for 
the " preservation and improvements of Boston Harbor.'' 
This grant of Congress has enabled Major-General Benham 
to continue the construction of the sea-wall on the Great 
Brewster, which it is hoped, will prevent further waste of 
the island and further extension of the i^pit. 

Other works, under the skilful superintendence of Major- 
General J. G. Foster, which will be of the greatest benefit to 
the lower haibor, have been ingeniously and successl'ully 
prosecuted. Two rocks, — known as Tower Rock and Corwiu 
Rock, — very dangerous to ships of great draft, lay in* a 
narrow part of the main ship channel. The entire removal 
of the Tower Rock to a depth of more than twenty-three 
feet below low-water, and the partial destruction of the 
Corwin Rock, have been already effected. The deepening 
and widening of the main ship channel in another narrow 
, part, by cutting oif a portion of Lovell's Island, has also 
been begun under the chaige of the same able officer, and 
will, together with the destruction of the Corwin Rock as 
far as necessary, be finished, it is believed, in the ensuing 
season. For the details of these and other interesting opera- 
tions, begun and planned to protect and improve the lower 
harbor, 1 refer to the Harbor Commissioners' Report, I con- 
gratulate the Commonwealth on having secured the co-oper- 
ation of the United States to such an extent in aid of our 
navigation. 

For the continuation of these important operations, the 
Secretary of War has recommended to the present Congress 
an appiopriation of $287,000, There is every reason to hope 
that the work so well begun will be consummated by the 
United States, as I am sure we have a right to expect. 

Good progress has been made in establishing the basis 
upon which the projected improvement of the South Boston 
Flats shall be made. In the year 1866, the Legislature 
adopted a plan for the improvement of these fiats, the execu- 
tion of which in its essential features would involve a very 
considerable extension of the wharves on the Boston side of 
Fort Point Channel, and a filling up of the fiats on the south 
side of the channel, alter enclosing them by a sea-wall which 
would be available in the construction of wharves and docks 
bordering on the deep water of the harbor. But occupation 
of the flats in this manner was believed to involve, also, the 
necessity of large and very expensive excavations in Cbarles 
and Mystic Rivers, the most efiective tidul reservoirs of Boston 



GOVERNOR'S ADDRESS. 323 

Harbor, to compensate for the water displaced by the pro- 
posed filling, and so to preserve the scouring force of the 
tide. It was feared, if this system of compensation was an 
inseparable part of the plan, that all the profits to the Com- 
monwealth aside from the improvement itself, would be 
swallowed up in the necessary measures for preventing the 
injuries that must result to the harbor from the displacement 
ot so much tide-water. Fortunately, however, for the imme- 
diate pecuniary success of this great enterprise, new investi- 
gations have been made and a conclusion has been reached, 
having the high sanction of distinguished scientific men, that 
an equivalent for compensation for tide-water displaced, much 
cheaper than compensation in khid can be obtained, 1. By 
dredging certain portions of the main channel of the harbor 
to the depth of twenty-three feet below mean low-water and 
using the material so dredged to fill up the South Boston 
J^lats which he m close proximity; 2. By the guarantee of 
the Commonwealth to defray out of the profits of the enter- 
prise the expense of annually removing by dredging such 
accumulations in the channel as may take place.'' The 
income of half a million of dollars it is thought will be 
sufficient for the complete protection of the harbor and 
should such a sum be set aside by the Commonwealth for 
this object, there will undoubtedly still remain a larger 
surplus of pecuniary profit accruing to the State. For Uie 
purpose of making this improvement the Legislature of the 
past year authorized the Harbor Commissioners to contract 
lor the construction of a continuous sea-wall on the south 
side of Fort Point Channel on a line parallel with the line 
as laid down upon the plan adopted by the General Court 
Ihey also provided for the appointment of an engineer who 
should determine the line of tlie wall and prepare the plan 
and specifications for building it. Two hundred thousand 
dollars were appropriated for the work. Bv the provisions 
of the law the location of the line of the wall 'by the engineer 
his plans and specifications, and the contract for the work to 
be executed by the Board of Harbor Commissioners, were 
all made subject to the approval of the Governor and Council ; 
while the construction of the work was placed in char«e of 
the engineer under the direction of the board. Undei^ this 
Act I appointed Mr. George R. Baldwin, an engineer of 
experience in this kind of work. The Commissioners were 
also authorized to change the lines of Fort Point Chamiel as 
laid down on the legislative plan of 186(3, in order that, by 
conveying the channel nearer the Boston side, the requisite 
extension of wharves might be reduced to the lowest amount 



3^^ GOVERNOR'S ADDRESS. 

and the area of improved flats on the other side of the 
channel enlarged. This change in the line the Commissioners 
have made. 

After considerable discussion before the Executive Coun- 
cil I have approved a line for the wall running fifty feet 
inside of the outer line of the legislative plan of 1H66, and 
parallel with it,— a space of about fifty feet width being 
reserved for the construction of platforms at the ends of the 
wharves that will be built upon tliis improved land. My 
reason for approving this line is that the intention of tbe 
Legislature, derived from the construction of the statute 
under which the E^iccutive was to act as well as from the 
explicit testimony of the members of the Legislature who 
framed the law, seemed to be that the wall should be built 
on or near the line approved. If, however, the wall is to be 
built upon this line the cost will be very much larger than 
the 1200,000 appropriated for its construction, and the 
Legislature will be obliged to increase the appropriation, or 
give to the board of Harbor Commissioners, wiio are cbarged 
with the duty of building this wall, authority to pay for it 
in land which shall be filled in. 

Moreover, in order to make this wall and improved ter- 
ritory available for commercial purposes, the Commissioners 
should have authority to build, not a continuous wall, but a 
wall which shall serve as the outer wall of wharves, sepa- 
rated by docks, whenever tiiey may be wanted along the 
deep water front of the land improved. It is also to be 
borne in mind that it is important for the security of Boston 
Harbor that the extension of the wharves on the Boston 
side of Fort Point Channel should be secured during the 
progress of these works. 

1 have thought it advisable not to approve any contracts 
hefore the meeting of the Legislature, but to lay the whole 
matter before you, that you may give the requisite authority 
to the board having the construction of the wall in charge, 
for building it in such a manner that it may be available for 
commerce and of value to the State, and that the means 
may be provided for paying for it at the cost at which it 
must be built, either by furtber appropriation or in land to 
be created by this improvement. 

CAPE COD HARBOR. 

By chapter eighty-six of the Resolves of 1867 a sum not 
exceeding one hundred thousand dollars was allowed and 
appropriated to the protection and preservation of the Har- 



GOVERNOR'S ADDRESS. 825 

bor at Provincetown, to be expended by Commissioners 
upon plans approved by the Governor and Council. At an 
early day the Commissioners provided by the Resolve were 
appointed and they have since imJustriously attended to the 
grave duty assigned to them. Quite recently their report, 
with plans and models, has been submitted, and it will be 
transmitted to you for information and for such further 
action as in your wisdom may seem proper. The eminent 
engineer who has made the necessary surveys and whose 
judgment upon the subject is embodied in tlie report, has 
now retired from the commission ; l)ut his presence as a 
member of the House of Representatives will enable the 
Legislature to become familiar with the exigencies of the 
case. The report presents the urgent necessity of imme- 
diate action by somebody, either on the part of the State or 
the Federal government, for protecting this harbor from the 
rapid wearing of the sea. I have been constrained to 
decline any action upon the plans reported, because the 
estimates of the cost of the work, if carried out in the man- 
ner recommended by the Commissioners, exceed by fifty 
thousand dollars the amount allowed by the Resolve. You 
will permit me to invite your early attention to the subject ; 
for if the State is to prosecute the undertaking it will be 
essential, both for the object itself and for economy in 
attaining it, that contracts for material may be made during 
the present season. 

THE PROHIBITORY LAW. 

In a free Commonwealth the will of the people must be 
acknowledged, respected and obeyed as the supreme law of 
the land. After ample consideration and free discussion, 
they have expressed at the ballot box their emphatic disap- 
proval of tlie prohibitory law, so called, with its present 
penalties and methods of enforcement. Precisely what pol- 
icy shall be adopted in its stead they have not so distinctly 
intimated. But it is to be supposed that the representatives 
of their own selection, fresh from the popular assemblies, 
have been made fully aware of the sentiments and desires 
of their immediate constituents. 

Under these circumstances, it would be presumptuous in 
me, however decided my convictions, to propose and main- 
tain a policy which might conflict with the expressed pleas- 
ure of the people. 

In response to an order of inquiry addressed to me by the 
House of Representatives of 1807, I had the honor to state 
that " It is not for the chief executive magistrate to assume 



326 GOVERNOR'S ADDRESS. 

at his discretion, in one instance to enforce, and in another 
instance to suspend, existing laws. For this would be v.ir- 
tually to exercise legislative power;" and further, that " if 
laws wliich are deemed unwise are found upon the statute 
book, they must nevertlieless be enforced impartially and 
faithfully by ail tlie officers of the government, until 
amended or repealed l)y the Legislature, with whom alone 
rests the power of making and repealing the laws." By tlie 
principles expressed in that communication I propose stead- 
fastly to abide ; and accordingly 1 respectfully refer this 
whole question, so momentous in its relations, and so inter- 
esting to the people, to the careful deliberation and wise 
judgment of their representatives in the General Court. 

I must, however, be permitted to record my deliberate 
conviction that the moi-al and religious sentiment of our 
community will not tolerate the absence of all legislative 
provisions regarding tlie traffic in intoxicating drinks, but 
demands its restraint, regulation, control, by positive enact- 
ment. And further, that no statute will command the 
respect and permanent support of the people of Massachu- 
setts, which shall conflict with the paramount claims of 
industry, sobriety and good order, or be inconsistent with 
their reputation as an intelligent and Christian Common- 
wealth. 

THE STATE CONSTABULARY. 

I shall have the honor to transmit to the Lngislature the 
Report of Major Edward J. Jones, the Constable of the 
Commonwealth, (a conscientious and efficient officer, who 
has my confidence,) with the accompanying statistics exhibit- 
ing in detail the operations of his force for the past year. 

As a magistrate, responsible for the administration of the 
laws, I cannot pass by in silence this record of faithful ser- 
vice rendered in the execution of an enactment the justice 
and expediency of which are questioned by so many citizens 
of intelligence and probity. 

The great majority of the Constabulary is composed of 
veterans of the Army and Navy, many of them disabled in 
the sei-vice of the country and all of them presenting an 
honorable military recoi-d. They have been inured by mar- 
tial discipline to unquestioning obedience to orders, whether 
in fulfilling the duties of the camp, or facing the dangers of 
the field. Hence, doubtless, they have perf(^rmed the duties 
assigned them with an exactness and a stringency novel to 
citizens unfamiliar with military methods and unused to 
summary proceedings. But it nuist be remembered that 
whether in carrying out the specialties of a particular law, 



GOVERNOR'S ADDRESS. 32T 

or ill encountering the desperate burglar or midnight assas- 
sin, or in threading as detectives the intricacies of crime, 
they have for the most part displayed coolness, alacrity and 
skill. Tiien, " since we punish not the sword itself, the 
instrument of the law," it is unjust that obloquy should fall 
on those who have discharged their disagreeable and often 
painful duties with courage and discretion. It is also unjust 
that they should suffer in the public esteem by reason of the 
incapacity, infidelity, or rashness of a few, whose couuter- 
parts are to be found iu all similar bodies, and who were 
introduced to the Constabulary by the efforts of eminent 
men both among the friends and opponents of the policy 
they were expected to enforce. Tliat I should say this 
much, is due not only to meritorious men, faithful to a 
public trust under reproach and contumely, but also to the 
cause of law and order, which must be sustained and vindi- 
cated in its dignity and integrity by the support of its " 
administrative officers. 

It is well known that my lamented predecessor, when 
called upon to interpose the power of the Commonwealth in 
an exigency affecting the right of free speech in the City of 
Boston, found himself without any civil force whatsoever for 
the maintenance of public order. In his last special mes- 
sage to the Legislature he took occasion to use the following 
language in relation to the Constabulary : " I should be 
unfaithful to the people of Massachusetts, if I omitted to 
declare the opinion, resulting from five years' experience in 
executive affairs, that the maintenance of such a civil force, 
directly responsil)le to the chief executive magistrate, is of 
high importance, and will yet prove essential to the Com- 
monwealth. Tills opinion has no especial connection with 
any class of legislative enactments. All the laws may be 
altered or repealed the infractions of which led to this estab- 
lishment, yet still it would be needful, unless it is deemed 
best to leave the chief magistrate without power to execute 
the laws." These words of advice emanating from the clear 
head and true heart of him who has lefc lis, will doubtless 
have their due weight with the people of the State and with 
their representatives ; and it will be for your wisdom to 
determine whether tlie minimum of this force, as fixed by 
the original Act establishing it, shall not be retained to aid 
in the preservation of the public peace and to carry out with 
efficiency such provisions of law, if any, as you may choose 
to substitute for those now existing. 



328 GOVERNOR'S ADDRESS. 

NATURAL HISTORY. 

Under the provisions of Chapter thirty-two of the Resolves 
of 1867, 1 appointed Mr. William G. Binney, one of the hest 
of American naturalists, to edit and arrange the republica- 
tion of the Report on the Invertebrate Animals of Massachu- 
setts, which had been before authorized by Cliapter forty-four 
of the Resolves of 1865 ; a work which had been left 
unfinished by the death of the late Dr. A. A. Gould. No 
compensation is asked or expected for this important labor. 
The appropriation of $4,000 made by Chapter two hundred 
and eighty-two of the Acts of 1865 was reaffirmed by the 
Resolve of 1867, and it was provided that the work should 
be done as nearly as possible in accordance with the plans 
and views of the original author. 

Mr. Binney, who was appointed with the full concurrence 
of the representatives of Dr. Gould, has entered upon his 
duties and made informal reports of his progress, from which 
it appears that an additional appropriation of $4,000 will be 
necessary to bring out the work in a style creditable to the 
State and uniform with the other works of a similar char- 
acter which we have published, and which have helped to 
give to this Commonwealth a reputation for liberal culture 
in other countries. This additional cost results in part from 
the fact that the original estimates were made some years 
ago, when everything connected with book-making was much 
cheaper than now ; in part from the fact that the present 
editor has been able to procure many additional drawings 
for illustrations which should be included in the work ; and 
somewhat from the fact that the original copperplates on 
which Mr. Gould depended, cannot be found, although every 
effort has been made to discover them, and which, unless 
soon discovered, it will be necessary to replace. If they 
shall be found the whole of this additional $4,000 will not 
be required. I also respectfully suggest further legislation 
relative to the distribution of the books when published. 

THE STATE HOUSE. 

The Legislature of the last year provided for a tliorough 
change in the condition of this building, and for additional 
and more commodious rooms for the committees of its two 
branches. Improvements had long been needful to the 
health and comfort of the members of the Legislature and 
of the various officers and clerks wlio pass here the business 
hours of every year. By an inadvertence, the main outlay 
necessary to the prosecution of the work was not provided 



GOYEENOR'S ADDRESS. 329 

for in any bill of appropriation ; but the commissioners 
rightly judged it to be their dut