(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

^^-r~^ '^^/ V-^x- /i?/' 
^^ PRE! 



W^'yA PRESENTED BY '^''tJi 
CATAionr/; . i /■■' /^f6^^ 



<jjn?- 



\~ 






r\ 



ACTS 



EESOLYES 



PASSED BY THE 



General Court 0f Pa5Mc|uscttis, 



IN THE TEAR 



18 6 



TOGETHER AVITH 

THE MESSAGES OF THE GOVERNOR, A LIST OF 

THE CIVIL GOVERNMENT, CHANGES 

OF NAMES OF PERSONS, 

Etc., Etc., Etc. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WRIGHT & POTTER, STATE PRINTERS, 
79 Milk Street, (corner of Federal.) 

1869. ■ 



1^ The General Court of 1869 assembled on Wednesday, the sixth 
day of January. 

The oaths of office required by the Constitution to be administered 
to the Governor and Lieutenant-Governor elect, were taken and sub- 
scribed by His Excellency William Claflin and His Honor Joseph 
Tucker, on Saturday, the ninth day of January, in the presence of 
the twQ Houses assembled in convention. 



ACTS, 

GENEEAL AND SPECIAL. 



An' Act in addition to an act to kstablish the county seat Qfiav)^ 1. 

OF THE COUNTY OF BERKSHIRE AT PITTSFIELD, AND FOR OTHER ■^' 

PURPOSES. 

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 provisions of chapter three hundred and Ja" and house 

01 corrGCtion to 

twenty-five of the acts of the year eighteen hundred and be at Lenox un- 

sixty-eight, entitled An Act to establish the county seat of pitt^fieid^^*^ ^^ 

the county of Berkshire at Pittsfield, and for other purposes, 

is so far amended that the jail and house of correction -for 

said county shall remain and be at Lenox, in said county, 

until a jail and house of correction shall be provided at 

Pittsfield. 

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

Approved January 30, 1869. 
An Act making appropriations for the maintenance of the (JJid/n^ 2. 

GOVERNMENT DURING THE PRESENT YEAR. ^' 

Be it enacted, ^'c, as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated, to be paid out of the treasury of the Commonwealth, *" °"^^ " 
from the ordinary revenue, for the purposes specified, to meet 
expenses for the year ending on the thirty-first day of Decem- 
ber, in the year eighteen hundred and sixty-nine, to wit : — 

SUPEEME JUDICIAL COUET. 

For the salary of the clerk of the supreme judicial court s.j. court, 
for the Commonwealth, three thousand dollars. g. s.'i21. . 

For the salary of the assistant-clerk of said court, one Assistant-cierk. 
thousand five hundred dollars. ^' ^' ^~^' 

For the salary of the reporter of decisions of the supreme Reporter, 
judicial court, three hundred dollars. ^' ^' ^"^' 

For the expenses of said court, a sum not exceeding one Expenses. 
thousand five hundred dollars. ^' ''" ^^^' 



396 



1869.— Chapter 2. 



Superior court, 
judges' salaries, 
1867, 165. 



SUPERIOR COURT. 

Fertile 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 pro- 
bate and insol- 
vency : 
Suffolk. 
1867, 357. 
Middlesex. 
1867, 357. 
Worcester. 
1867, 357. 

Essex. 
1867, 357- 

Norfolk. 
1867, 357. 

Bristol. 
1867, 357. 

Plymouth. 
1867, 357. 

Berkshire. 
1867, 357. 

Hampden. 
1867, 357. 

Hampshire. 
1867, 357. 

Franklin. 
1867, 357. 

Barnstabfe. 
iS67, 357. 

Nantucket. 
1867, 357. 

Dukes County. 
1867, 357. 

Registers t 
Suffolk. 
1867, 357. 

Middlesex. 
1867, 357. 

Worcester. 
1867, 357. 

Essex. 
1867, 357. 

Norfolk. 
1867, 357. 



COURTS OP 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. 

Eor 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. 

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

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

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

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

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

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



1869.— Chapter 2. 397 

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

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

For the salary of the register of probate and insolvency ^*™p^®°- 
for the county of Hampden, one thousand two hundred ' 
dollars. 

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

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

For the salary of the register of probate and insolvency fi.^"^""- 
for the county of Franklin, nine hundred dollars. ' 

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

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

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

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

A ;i A ^^ 1867,357. 

dred dollars. 

For the salary of the assistant-register of probate and 5|67'^35lr^^' 
insolvency for the county of Middlesex, one thousand five 
hundred dollars. 

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

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

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

For certain expenses of courts of insolvency authorized ^owtr^^*^^ 
by the General Statutes, a sum not exceeding one thousand g. s. iis. 
dollars. 

DISTRICT-ATTORNEYS. 

For the salary of the attorney for the county of Suffolk, ^^f/?*'*-''"®'"- 
three thousand five hmidred dollars. Suffolk. 

18C7 340 

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

For the salary of the attorney for the eastern district, one EaJt'ern district 
thousand five hundred dollars. 1807, 349. 



398 



1869.— Chapter 2. 



Northern dis- 
trict. 
1867, 349. 
Southern dis- 
trict. 
1SC7, 349. 

Middle district. 
1807, 349. 

South-eastern 
district. 
1867, 349, 

"Western dis- 
trict. 
1867, 349. 

North-western 
district. 
1807, 349. 



For the galary 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 dis- 
trict, one thousand 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 dis- 
trict, one thousand dollars. 



Police courts : 
Justices. 
Adams. 
G. S. 116. 
Cambridge. 
G. S. 116. 

Charlestown. 
1802, 107. 

Chelsea. 
1804, 256. 

Chicopee. 
G. S. 116. 

Fall River. 
1862, 92. 

Gloucester. 
1864, 127. 

Haverhill. 

1867, 316. 

Lawrence. 
G. S. 116. 

Lee. 
1861, 141. 

Lynn. 
G. S. 116. 

Lowell. 
G. S. 116. 

Fitchburg. 

1868, 124. 

Milford. 
1866, 298. 

New Bedford. 
G. S. 116. 

Newburyport. 
G. S. 116. 



POLICE COUETS. 

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 Chic- 
opee, nine hundred dollars. 

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

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

For the salary of the justice of the police court in Haverhill, 
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. 

For the salary of the justice of the police court in Fitch- 
burg, one thousand three huildred, dollars. 

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

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

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



1869.— Chapter 2. 399 

For the salary of the justice of the police court in Pittsfield, '^'^^^^^l^- 
eight hundred dollars. 

For the salary of the justice of the police court in Salem, |^^|™jg * 
one thousand five hundred dollars. 

For the salary of the justice of the police court in Spring- f PTj^f^jf^*^- 
field, two thousand dollars. 

For the salary of the justice of the police court in Wil- J^'^'.^'i^of"^" 
liamstown, three hundred dollars. 

For the salaries of*the clerks of the police courts, exclusive PoUce courts: 
of 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- ^g^g^'''^Q^*°''°- 
town, five hundred dollars. 

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

For the salary of the clerk of the police court in Haverhill, ^67^310"" 
six hundred dollars. 

For the salary of the clerk of the police court in Lawrence, ^^^^^1°°^- 
eight hundred dollars. 

For the salary of the clerk of the police court in Lowell, Q°g^"i(;^ 
one thousand dollars. 

For the salary of the clerk of the police court in Lynn, six J^^^^ggg 
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- Newburjrport. 
port, five hundred dollars. 

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

MUNICIPAL COURTS. 

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

For the salary of the clerk of the municipal court in Bos- ^^^^' ^''^■ 
ton, for criminal business, two thousand five hundred dollars. 

For the salary of the justice of the municipal court for southern dis- 
the southern district of Boston, one thousand five hundred g!V. U6°im, 
dollars. ^^*- 

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

For the salary of the justice of the municipal court in ]^jf^°*^- 
Taunton, one thousand dollars. 

For the salary of the clerk of the municipal court in 
Taunton, six hundred dollars. 



400 



1869.— Chapter 3. 



Worcester. 
1868, 198. 



Chap. 



Appropriations 
authorized. 



For the salary of the justice of the municipal court in 
Worcester, two thousand dollars. 

For the salary of the clerk of the municipal court in Wor- 
cester, one thousand two hundred dollars. 

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

Approved February 1, 1869. 

3. 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- 
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-nine, to wit: — 



Senators, mile- 
age. 

Compensation. 



Representa- 
tives, mileage. 



Compensation. 



Clerics, Senate 
and House. 
1867, 305. 

Chaplains. 



Preacher of 
election ser- 
mon. 

Sergeant-at- 

arms. 

1867, 305. 

Door-keepers, 

messengers and 

pages. 



Watchmen and 

firemen. 

1867, 167; 1868, 

341. 



LEGISLATIVE DEPARTMENT. 

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

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

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

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

For the salaries of the clerks of the senate and house of 
representatives, five thousand dollars. 

For the salaries of the chaplains of the senate and house 
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- 
mon, one hundred dollars, which shall be allowed and paid. 

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

For the compensation of the door-keepers, messengers and 
pages of the senate and house of representatives, a sum not 
exceeding ten thousand 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 
nine thousand two hundred dollars. 



1869.— Chajter 3. 401 

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



G. S. 15. 



EXECUTIVE DEPAETMENT. 

For the mileage and compensation of the lieutenant- Lieut, governor 

T -1 , j-j.ij.1 T and council. 

governor and council, a sum not exceeding twelve thousand g. s. h, § 2. 
dollars. 

For the compensation of the private secretary of the gov- Governor's 
ernor, two thousand dollars. • 1866^298^' 

For the compensation of the messenger of the governor jg^S^'^gp'"- 
and council, one thousand dollars. ' 

For the compensation of the assistant-messenger of the Assistant-mes- 
governor and council, eight hundred dollars. ise?, 167. 

For the contingent expenses of the executive department, contingent ex- 

,.iT T°, i"i -1 ij.1 penses and ex- 

to include such extra clerical assistance and other expenses tra clerks, 
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 undef 'authority Agency for coi- 
of the governor and approved by him, in the maintenance of d*iers° bounties, 
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's department. 

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

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

For the salary of the second clerk in the secretary's de- second cierk. 
partment, one thousand seven hundred dollars. ^^'^'^' ^^^' 

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

For such additional clerical assistance as the secretary Additional 
may find necessary for the performance of the duties of the G!'s!*i4, § 4; 
department, a sum not exceeding sixteen thousand dollars. ^^*'''' ^*^^- 

treasurer's department. 

For the salary of the treasurer and receiver-general, three Treasurer and 
thousand five hundred dollars. receiver-gen- 

For the salary of the first clerk in the treasurer's depart- p^rstc^'k 
ment, two thousand two hundred dollars. isee, 298. 



402 



Assistant-clerk 
and cashier. 
1866, 2'JS. 



Additional 
clerks. 
G. S. 15, § 12 
1867, 167. 



1869.— Chapter 3. 

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

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



Deputy tax 
commissioner. 

1866, 298. 

First clerk. 

1867, 167. 

Second clerk. 
1867, 167. 

Additional 
clerks. 
1865, 283. 



TAX commissioner's BUREAU. 

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

For the salary of the first clerk of the tax commissioner, 
one thousand seven hundred dollars. 

For the salary of the second clerk of the tax commis- 
sioner, one thousand five hundred dollars. 

For such additional clerical assistance as the tax commis- 
sioner may find necessary, a sum not exceeding nine thou- 
sand five hundred dollars. 



Auditor of ac- 
counts. 
1867, 178. 

First clerk. 

1867, 178. 

Second clerk. 

1867, 178. 

Additional 
clerks. 
1867, 178. 



auditor's DEPARTMEMT. 

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

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

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

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



attorney-general's department. 

Attorney-gen- For the Salary of the attorney-general, three thousand five 
1866^ 298. hundred dollars. 

^ssistant. j^or the salary of the assistant attorney-general, one thou- 

sand eight hundred dollars. 



Commissioner 
of savings 
banks. 
1866, 192. 
Insurance com- 
missioner. 
1866, 255. 
Clerk. 
1866, 255. 

Additional 
clerks, &c. 



commissioners, ET AL. 

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

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

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

The fees received as compensation for the valuation of life 
policies, are hereby appropriated to be applied in accordance 



1869.— Chapter 3. 403 

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. 

For the salary of the constable of the Commonwealth, constable of the 

,, ,1 T "^T 11 ' Commonwealth 

three thousand dollars. isgs, 282. 

For the salary and office expenses of the inspector of gas- inspector of 
meters, three thousand dollars. i86i™i68"" 

AGRICULTURAL DEPARTMENT. 

For the salary of the secretary of the board of agriculture, secretary board 
two thousand five hundred dollars. feffi"""" 

For such clerical assistance as the secretary of the board cierks. 
may find necessary, a sum not exceeding two thousand ' 
dollars. 

BOARD OF STATE CHARITIES. 

For the salary of the secretary of the board of state chari- state charities, 
ties, two thousand dollars. 1863^240^' 

For such clerical assistance as the secretary of the board cierks. 
of state charities may find necessary, a sum not exceeding ' 
five thousand seven hundred dollars. 

For the salary of the agent of the board of state charities, Agent. 
three thousand dollars. ' 

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

For the transportation of state paupers, to be expended by Transportation 
the agent of the board of state charities, a sum not exceed- pers.'^^^'^"" 
ing twelve thousand dollars ; and any additional assistance 
necessary to effect such transportation shall be paid out of 
said sum : provided, a detailed report of such expenditures Expense to be 
shall be rendered to the auditor of accounts on the first day alto/montMy! 
of every month; also, for the removal of persons becoming Kemovaiofcer- 
a public charge, not authorized to be removed by existing **"^ pampers, 
laws, a sum not exceeding one thousand dollars, which shall 
be allowed and paid. 

EDUCATIONAL DEPARTMENT. 

For the salary and expenses of the secretary of the board Board of educa- 
of education, three thousand four hundred dollars, to be paid \m, 276. 
from the moiety of the income of the Massachusetts school 
fund applicable to educational purposes. 

For the salary and expenses of such agent or agents as the salary and ex- 
board of education may appoint, a sum not exceeding three g.s'^sI ^^^^ ' 



404 



1869.— Chapter 4. 



thousand dollars, to be paid from the moiety of the income 
of the Massachusetts school fund applicable to educational 
purposes. 

For the salary of the assistant-librarian and clerk of the 
board of education, two thousand dollars. 

For such additional clerical assistance in the state library 
orsrs; Resolves as may be found necessary, a sum not exceeding thirteen 
i86i,33;i866,28. hundred dollars. 



Assistant-libra- 
rian and clerk. 
1866, 298. 

Additional 
clerks 



Adjutant-gen- 
eral. 
1866, 298. 

First clerk. 
1866, 298. 

Additional 
clerks. 

1866,299; 1867, 
167. 

Surgeon-gen- 
eral. 
1866, 298, 299. 

Clerks. 



Messenger. 
Paymaster. 



Deputy quarter- 
master-general, 
1866, 298, 299. 
Clerk. 



Employes at 
arsenal. 
1866, 298, 299. 



Chap. 



$10,000 in real 
estate. 



Proviso. 



MILITARY DEPARTMENTS. 

For the salary of the adjutant-general, two thousand five 
hundred dollars. 

For the salary of the first clerk of the adjutant-general, 
two thousand dollars. 

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

For the salary of the surgeon-general, a sum not exceed- 
ing two thousand five hundred dollars. 

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

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

For the completion of the records of the paymaster's 
bureau, under the direction of the governor, a smn not 
exceeding two thousand dollars, which shall be allowed and 
paid. 

For the salary of the deputy quartermaster-general, a sum 
not exceeding one thousand eight hundred dollars. And for 
the salary of his clerk, a sum not exceeding one thousand 
five hundred dollars. 

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

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

Approved February 1, 1869. 

4. An Act to authorize the Plymouth five cent savings bank, in 
the town of plymouth, to hold real estate. 
Be it enacted^ ^c, as folloivs : 

Section 1. The Plymouth Five Cent Savings Bank, 
located in the town of Plymouth, is hereby authorized to 
hold real estate to an amount not exceeding ten 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 



1869.— Chapters 5, 6, 7. 405 

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 February 3, 1869. 
An Act to authorize the east boston savings bank to hold QJian. 5 

REAL estate. "' 

Be it enacted, Sfc, as follows : 

Section 1. The East Boston Savings Bank is hereby $50,000 in real 
authorized to hold real estate to the amount of fifty thousand ®^*'^^^- 
dollars : provided, that no part of said amount shall be Proviso, 
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 exclusively to the 
interests of said corporation. 

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

. Approved February 4, 1869. 



Chap. 6. 



An Act to amend sections two and seven of chapter three 
hundred and thirteen of the acts of eighteen hundred 

AND sixty-eight, RELATIVE TO THE LEE AND NEW HAVEN RAIL- 
ROAD COMPANY. 

Be it enacted, Sfc, as follows : 

Section 1. The second section of chapter three hundred Amendment, 
and thirteen of the acts of the year eighteen hundred and 
sixty-eight, is hereby amended by striking out the words " in 
addition to the amount previously loaned by the Common- 
wealth." 

Section 2. The seventh section of the same act is Amendment, 
amended by striking out the word " three,'' and substituting 
in place thereof the word " four." 

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

Approved February 4, 1869. 



Chap. 7. 



An Act relating to the summoning of juries to assess the 

VALUE OF certain LANDS TO BE PURCHASED BY THE UNITED 
STATES. 

Be it enacted, §'c., as follows : 

Section 1. The respective second sections of chapters two Amendment to 
hundred and ninety-two and two hundred and ninety-three HH] HI] | Ij 
of the acts of the year eighteen hundred and sixty-eight, are 
hereby amended, by striking out therefrom the words " and 
said jury shall be summoned for that purpose by the sheriff 
of the county of Suffolk or his deputy," and inserting in 
each of said sections instead thereof, the words " and the 



406 



1869.— Chapters 8, 9. 



Clerk of supe- clerk of the superior court, for the county of Suffolk, for 
issue*wnimfor civil busiucss, shall, during the present term of said court, if 
to'e^ol'ce their Practicable, and if not, as soon thereafter as may be practi- 
attendance. cable, issue writs of venire facias, for jurors to appraise and 
value the fee of the several tracts of land in said acts 
respectively mentioned, and shall therein require the attend- 
ance of said jurors on such day as the court shall order ; 
and said writs shall be severally issued, delivered, trans- 
mitted, served and returned, in the same manner as now 
provided in respect to other juries by chapter one hundred 
and thirty-two of the General Statutes." 

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

Approved February 4, 1869. 

g^ An Act to authorize the dean academy, in the town of frank- 
lin, TO HOLD additional REAL AND PERSONAL ESTATE. 
Be it enacted, Sj-c, as follows : 
$35o,w adcu-^ Section 1. The Dean Academy, in the town of Franklm, 
personal estate, is hereby authorized to hold, by purchase or otherwise, real 
and personal estate to an arffbunt not exceeding three hun- 
dred and fifty thousand dollars, to be devoted exclusively to 
the purposes of education, in addition to the amount author- 
ized by chapter one hundred and seven of the acts of the 
year eighteen hundred and sixty-five. 

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

Approved February 9, 1869. 



Chap. 



Chap. 9. 

Corporators. 



Name. 

Powers and du- 
ties. 



Location from 
Bedford to Lex- 
ington. 



May enter upon 
or unite with 
Lexington and 
Arlington Rail- 
road. 



An Act to incorporate the Bedford railroad company. 
Be it enacted, Sfc, as follows : 

Section 1. William R. Hayden, Edward T. Tuden and 
Charles L. Wait, their associates and successors, are hereby 
made a corporation, by the name of the Bedford Railroad 
Company ; with all the powers and privileges, and subject to 
all the restrictions, duties and liabilities set forth in the gen- 
eral laws which now are, or hereafter may be in force relat- 
ing to such corporations. 

Section 2. The said company may locate, construct and 
operate a railroad, commencing at some convenient point 
near the village, or mineral springs, in the town of Bedford, 
thence passing through the south-easterly part of said Bed- 
ford, and the north-westerly part of the town of Lexington, 
to a point most convenient for entering upon the road of the 
Lexington and Arlington Railroad Company near its terminus 
in the town of Lexington. 

Section 3. The Bedford Railroad Company is hereby 
authorized to enter with its road upon, or unite the same 
with, and use the road of the Lexington and Arlington Rail- 



1869.— Chapter 10. 407 

road Company ; and the Lexington and Arlington Railroad 
Company is hereby authorized to enter with its road upon, 
or unite the same with and use, the road of the Bedford 
Railroad Company, subject to the general laws of this Com- 
monwealth relating to railroad corporations. 

Section 4. The capital stock of said company shall be capital stock 
fixed by said company at an amount not less than one hun- ^^'^ shares. 
dred thousand dollars, nor more than one hundred and fifty 
thousand dollars, and when so fixed shall not thereafter be 
changed ; and said stock shall be divided into shares of one 
hundred dollars each. Said company may purchase and Keaiandper- 
hold such real and personal estate as may be necessary for ^°"^ 
the purposes for which it is incorporated. 

Section 5. The Lexington and Arlington Railroad Com- Kaiiroads may 
pany, and the Bedford Railroad Company are hereby author- yearl/byvoteof 
ized to unite with each other within five years from the stockholders. 
passage of this act, upon such terms as may be agreed upon 
by said corporations respectively, not inconsistent with the 
provisions of their respective charters or the acts in addition 
thereto, nor with the laws of this Commonwealth, by a vote 
of stockholders representing a majority of the stock in the 
respective corporations at legal meetings held for that pur- 
pose ; and thereupon said two corporations shall become one 
corporation under the name of the Bedford, Lexington and 
Arlington Railroad Company, with a capital stock not exceed- 
ing the joint capital of the two corporations. 

Section 6. This act shall be void unless the said railroad Location and 
is located within two years, and constructed within four years, 
from the passage thereof. 

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

Approved February 9, 1869. 

An Act to incorporate the taunton savings bank. Chap. 10. 

Be it enacted, ^c, as follows : 

Section 1. Willard Levering, Lovett Morse, Henry G. corporators. 
Reed, their associates and successors, are hereby made a 
corporation by the name of the Taunton Savings Bank, to be 
located in the city of Taunton ; with all the powers and Powers and du- 
privileges, and subject to all the duties, liabilities and restric- ***^*' 
tions set forth in all general laws which now are or may 
hereafter be in force in this Commonwealth relating to 
institutions for savings. 

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

Approved February 9, 1869. 



408 1869.— Chapters 11, 12, 13, 14. 

Chap. 11. -A^N Act to incorporate the westborough savings bank. 
Be it enacted^ ^^c, as follows: 

Corporators. SECTION 1. Noali Kimball, Cyrus Fay, George B. Brigham, 

their associates and successors, are hereby made a corpora- 
tion by the name of the Westborough Savings Bank, to be 

Powers and du- located in Wcstborough ; 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 February 9, 1869. 
Chap. 12. An Act to amend chapter one hundred and sixty-two, of the 

ACTS OF THE YEAR EIGHTEEN HUNDRED AND SIXTY-FIVE, CONCERN- 
ING THE ADMISSION OF SICK PERSONS TO THE STATE ALMSHOUSES. 

Be it enacted, ifc, as follows: 
Amendment of SECTION 1. The sccoiid scctiou of chapter one hundred 
' " and sixty-two of the acts of the year eighteen hundred and 

sixty-five, entitled " An Act concerning the admission of sick 
persons to the State Almshouses," is hereby amended, by 
inserting after the words " board of state charities," the 
words, " or some person designated by them, whose duty it 
shall be to make suitable investigation." 

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

Approved Fehruary 9, 1869. • 
Chap. 13. An Act to extend the tibie for locating and constructing 

' THE MANSFIELD AND FRAMINGHAM RAILROAD. 

Be it enacted, ^c, as follows: 
Time for loca- The time for locating and constructing the Mansfield and 
stracdon ex^ Framingham Railroad, is hereby extended to the twenty-sixth 
tended. ^^^ ^^ April, in the year eighteen hundred and seventy-two. 

Approved February 10, 1869. 

Chap. 14. An Act to incorporate the easthampton savings bank. 
Be it enacted, §'c., as follows : 

Corporators. SECTION 1. Samucl Willistou, Edmund H. Sawyer, Seth 

Warner, their associates and successors, are hereby made a 
corporation by the name of the Easthampton Savings Bank, 

Powers and du- to bc established in the town of Easthampton ; with all the 
powers and privileges, and subject to all the duties, liabilities 
and restrictions set forth in all general laws, which now are 
or may hereafter be in force, applicable to savings banks and 
institutions for savings. 

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

Approved February 10, 1869. 



1869.— Chapters 15, 16. 409 

An Act to authorize the dorchester savings bank to hold Chap. 15. 

REAL estate. 

Be it enacted, ^c, as follows : 

Section 1. The Dorchester Savings Bank, located in the May invest $io,- 
town of Dorchester, is hereby authorized to hold real estate house!^ ^^ "*^ 
to the amount of ten thousand dollars : provided, that no Proviso, 
part of said amount shall be invested in real estate, except 
in the purchase of a suitable site, and the erection or prepa- 
ration 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 February 10, 1869. 

An Act to incorporate the mutual benefit fire insurance QJian. 16. 

COMPANY. ■* * 

Be it enacted, ^c, as follows : 

Section 1. George H. Kuhn, George C. Richardson, Avery corporators. 
Plumer, their associates and successors, are hereby made a 
corporation by the name of the Mutual Benefit Fire Insur- Name and pur- 
ance Company, in the city of Boston, for the purpose of ^°^^' 
making insurance against losses by fire ; with all the powers Powers and dn- 
and privileges, and subject to all the duties, restrictions and 
liabilities set forth in the general laws which are or may be 
in force, relating to joint-stock insurance companies, except 
as hereinafter provided. 

Section 2. Said corporation shall not issue policies until Not to insure 
a guarantee capital of two hundred thousand dollars has been capital is paid 
subscribed and paid in in cash. 

Sections. The holders of the guarantee capital, until Dmdends to 
the redemption thereof as hereinafter provided, shall be autee capital, 
entitled to a net semi-annual dividend not exceeding four 
per cent, on their respective shares, if the net surplus over 
the guarantee capital, after providing for all expenses, losses 
and liabilities then incurred, including a sum sufficient to 
re-insure all outstanding risks, is sufficient from time to time 
to pay the same ; and, if any such dividend is less than four 
per cent., it shall be made up when such net surplus becomes 
sufficient therefor. 

Section 4. One-fourth of such net surplus remaining after one-fourth of 
providing for dividends as aforesaid, shall be set apart and be appUed to 
invested in the same manner as the capital of joint-stock gua3e'rca^. 
insurance companies, and shall constitute a reserve fund for ti^'- 
the redemption of the guarantee capital ; and when the net 
surplus over the guarantee capital so reserved and invested, 
and then existing, amounts to the sum of two hundred thou- 



410 1869.— Chapter 17. 

" sand dollars, the guarantee capital shall be redeemed. The 

remaining three-fourths of such net surplus shall be divided 
among the insured, in the same manner as in mutual fire 
insurance companies ; and, after the redemption of the 
guarantee capital as aforesaid, the whole shall be so 
divided. 
$2(w 000 tofe*'^ Section 5. The reserve fund to the amount of two Imn- 
kept'as perma- drcd thousand doUars, invcstcd as aforesaid, shall be kept 

nent guarantee • i i r -ii j , n -i n 

fund for benefit uitact as tar as possible, as a permanent guaranty fund for 
of insured. ^j^g benefit of the insured. Said reserved fund shall belong 
to the insured, and shall be applicable to the payment of 
losses and claims against the company, if its other funds are 
insufficient therefor ; and, if reduced, shall be repaired as 
soon as may be from the profits of the company. The 
income received from such fund, shall constitute a part 
of the net surplus to be divided among the insured as 
aforesaid. 
Directors, how SECTION 6. The directors of said company shall be elected 
by the proprietors of the guarantee capital, until the redemp- 
tion of the same, and thereafter by the policy holders, who 
shall then be members of the company. 

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

Approved February 12, 1869. 
Chap. 17. An Act concerning the municipal court of the city of 

BOSTON. 

Be it enacted, §"c., as follows : ; 

^rtai^ai bJfsi. Section 1. Section eleven of chapter two hundred and 
ness. seventy-nine of the acts of the year eighteen hundred and 

sixty-six, is so amended that the said municipal court of the 
city of Boston shall be held for criminal business in the 
afternoon, only when it appears expedient to any of the 
justices thereof. 
Original conc_nr^ SECTION 2. The Said court sliall havc original concurrent 
with municipal jurisdiction with the municipal court for the southern district 
^Ifdistrict*."'^ of the city of Boston in all cases, criminal and civil, where 
said court for the southern district now has exclusive juris- 
diction. 
Forcible entry SECTION 3. Chapter forty-scven of the acts of the year 
^ e a»ex. gjgi^^ggn liuudrcd and sixty-six, shall apply to actions under 
section five of chapter one hundred and thirty-seven of the 
General Statutes, brought in said municipal court of the 
city of Boston. 
Section 4. This act shall take effect upon its passage. 

Approved February 13, 1869. 



1869.— Chapters 18, 19, 20. 411 

An Act to revive the charter of the marblehead and lynn Qfiap. 18. 

RAILROAD COMPANY. "' 

Be it enacted, ^^c, as follows : 

Chapter one liuiidred and forty-one of the acts of Mie year charter revived 
eighteen hundred and sixty-five, entitled " An Act to incor- *" ''°" ""^ ■ 
porate the Marblehead and Lynn Railroad Company," is 
hereby revived and confirmed : provided^ said corporation Proviso. 
shall be organized within one year, shall file its location 
within two years, and complete the construction of its 
railroad within four years from the passage of this act. 

Approved February 13, 1869. 

An Act to incorporate the bengal bagging company. Chap. 19. 

Be it enacted, ^c, as follows : 

Section 1. John Webster^ S. Endicott Peabody, Robert Corporators. 
Brookhouse, their successors and associates, are hereby made 
a corporation by the name of the Bengal Bagging Company, Name and pur- 
for the purpose of manufacturing bagging cloth, or any fabric ^°^*^' 
wholly or in part of jute or other fibrous material, in the city 
of Salem ; and for this purpose shall have all the powers and J-^f *^''* ^^^ ^"' 
privileges and be subject to all the duties, restrictions and 
liabilities set forth in all general laws which now are or may 
hereafter be in force relating to manufacturing corporations. 

Section 2. Said corporation, for the purposes aforesaid, Keai estate. 
may hold real estate necessary and convenient for its busi- 
ness to an amount not exceeding one hundred thousand dol- 
lars, and the capital stock shall not exceed three hundred capitni stock, 
thousand dollars, divided into shares of one hundred dollars 
each : provided, however, that said corporation shall not go Proviso. 
into operation until one hundred thousand dollars of its 
capital stock is paid in in cash. 

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

Approved February 13, 1869. 

An Act relating to the canton and hyde park and stoughton Chap. 20. 

branch railroad companies. 
Be it enacted, S^'c, as follows : 

Section 1. The time for locating the road of the Canton Time for loca- 
and Hyde Park Railroad Company is hereby extended to the st^uctJon eT- 
first day of May, in the year eighteen hundred and seventy- tended. 
one ; and the time for constructing the same is extended to 
the first day of May, in the year eighteen hundred and 
seventy-two ; and the time allowed said company to unite Time for unit- 
with the Stoughton Branch Railroad Company is extended stm^^hton 
to the first day of May, in the year eighteen hundred and road extended, 
seventy-four. 

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

Approved February 13, 1869. 



412 1869.—CHAPTERS 21, 22, 23. 

Chap, 21. -An Act to authorize the old colony and Newport railway 

COMPANY TO PURCHASE THE EA8T0N BRANCH RAILROAD. 

Be it enacted, §c., as follows : 
Newport'^Ral"'' ^he Old Colonj and Newport Railway Company is hereby 
way Company authorized to purcliasc the rights, franchise and property of 
Easton Branch the Easton Brancli Railroad Company, upon such terms, 
Kaiiroad. ^^^^ inconsistent with their respective charters, nor with the 
acts in addition to the same, nor with the laws of this Com- 
monwealth, as the stockholders of the respective corpora- 
tions, at legal meetings called for that purpose, shall deter- 
mine ; and thereupon the said Easton Branch Railroad 
Company is hereby authorized to convey and assign to said 
Old Colony and Newport Railway Company its franchises and 
property, and all the rights, easements, privileges and pow- 
ers granted to it ; and the said Old Colony and Newport 
Railway Company shall, upon such conveyance being made 
to it, have and enjoy all the rights, powers, privileges, ease- 
ments, franchises and property of the Easton Branch Rail- 
road Company, and be subject to all the duties, liabilities, 
obligations and restrictions to which said last named corpo- 
ration may be subject. Approved February 13, 1869. 

Chcip. 22. -A^N Act to revive " an act to incorporate the indemnity life 

insurance company." 

Be it enacted, ^c, as follows : 
Charter revived SECTION 1. Chapter two hundred and four, of the acts of 
ganizing ex- tlic year eighteen hundred and sixty-five, entitled " An Act 
tended. ^^ incorporate the Indemnity Life Insurance Company," is 

hereby revived ; and the time for organizing said corporation 

extended to the first day of January, in the year eighteen 

hundred and seventy. 

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

Approved February 13, 1869. 

Chap. 23. -^^ -^^^ concerning the EVERETT INSURANCE COMPANY. 

Be it enacted, Ifc, as follows : 
Time for accept- SECTION 1. Tlic time for tlic acccptancc of its charter by 
aS^paymem of the Evcrctt Insuraucc Company, for its organization under 
capital extend- ^|^g same, and for the paying in of its capital stock, is 

hereby extended to the eleventh day of March, in the year 

eighteen hundred and seventy. 

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

Approved February 15, 1869. 



Chap. 25. 



1869.--CHAPTERS 24, 25, 26, 27. 413 

An Act relating to the place op holding the meetings of the QJidv)^ 24. 

SALEM AND LOWELL RAILROAD COMPANY. "* 

Be it enacted, Sfc, as follows : 

Section 1. The Salem and Lowell Railroad Company are Meetings may 
hereby authorized to hold their annual and other meetings orLoweu.*^™ 
in the city of Lowell or the city of Salem, as the directors 
may determine. 

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

Approved February 15, 1869. 
An Act to increase the capital stock of the Worcester gas 

LIGHT company. 

Be it enacted, Sfc, as folloios : 

Section 1. The Worcester Gas Light Company is hereby $200,000 addi- 
authorized to increase its capital stock, by adding thereto an stock. *'^^'*'*^ 
amount not exceeding two hundred thousand dollars, to be 
divided into shares of one hundred dollars each ; and to 
invest such portions thereof in real and personal estate as 
may be necessary and convenient for carrying on its 
business. 

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

Approved February 15, 1869. 
An Act to amend section thirty-eight of chapter thirty- Qfidj)^ 26. 

EIGHT, OF THE GENERAL STATUTES, AUTHORIZING TOWNS TO ■* * 

TAKE LAND FOR SCHOOL-HOUSE LOTS. 

Be it enacted, Sj'c, as follows : 

The thirty-eighth chapter of the General Statutes is Amendment, 
hereby amended by striking out the word " highways "in 
the thirty-eighth section, and substituting therefor the word 

town-ways. Approved February 15, 1869. 

An Act making appropriations for expenses of the state Qfidff^ 27. 
almshouses ; the hospital at rainsford island ; the state -^ * 

prison; the reform school at westborough ; the Massachu- 
setts NAUTICAL school ; THE SUPPORT AND RELIEF OF STATE 
LUNATIC PAUPERS, AND FOR OTHER PURPOSES. 

Be it enacted, Sfc, as follows : 

Section 1. The sums hereinafter mentioned are appro- Apnropriations 
priated to be paid out of the treasury of the Commonwealth, authorized, 
from the ordinary revenue, unless otherwise sj^ecified, 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 hun- 
dred and sixty-nine, to wit : 

charitable. 
For the current expenses of the state almshouse at Tewks- state aims- 
bury, a sum not exceeding eighty thousand dollars. bury?' ''^^'^^^' 

G.s.n. 



414 



1869.— Chapter 27. 



Monson. 

G. S. 71; 1866, 

209. 



Bridgewater. 

G. S.71; 1866, 
198, 



Hospital, Rains- 
ford Island. 
G. S. 71. 



Agent State 
charities, ex- 
penses. 
1863, 240. 
Secretary, ex- 
penses. 
♦ 1863, 240. 
Board of State 
charities, ex- 
penses. 
1863, 240. 



Lunatic pau- 
pers. 

G. S. 73; 1864, 
288. 

Burial expenses 
G. S. 70; 1867, 
97. 

Support by 
cities and towns 
G. S. 71; 1865, 
162. 



Coroners' in- 
quests. 
G. S. 157, 175. 

State alms- 
house sinking 
fund. 

1852,275; 1854, 
355. 

Asylum for the 
blind. 
R. 1864, 56. 
Idiotic and 
feeble-minded 
vouth. 
R. 1861, 26. 
Asylums for 
deaf and dumb. 
1867, .3.34; R. 
1847, 94 ; 1864, 
38; 1865,50. 

Johonnot an- 
nuities. 
R. 1841, 65. 



Cases of bas- 
tardy. 
1863, 240, 



For the current expenses of the state almshouse and state 
primary school at Monson, a sum not exceeding sixty-two 
thousand five hundred dollars. 

For the current expenses of the state almshouse and state 
workhouse at Bridgewater, a sum not exceeding forty thou- 
sand dollars. 

For expenses of the hospital at Rainsford Island, includ- 
ing expenses of transportation, a sum not exceeding sixteen 
hundred dollars. 

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

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

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

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

For the burial of state paupers, a sum not exceeding eight 
thousand dollars. 

For the support of state paupers by cities and towns, a 
sum not exceeding thirty thousand dollars, the same to 
include any expenses necessary to carry out the provisions 
of chapter one hundred and sixty-two of the acts of eighteen 
hundred and sixty-five, and the auditor is hereby authorized 
to audit accounts for such expenses. 

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

To the state almshouse loan sinking fund for the redenn> 
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 
Johonnot, 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-nine and 



1869.— Chapter 27. 415 

previous years, a sum not exceeding three thousand dol- 
lars. 

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

REFORMATORY AND CORRECTIONAL. 

For the current expenses of tlie state prison, a sum not fg^®3^3^^°°' 
exceeding one hundred and ten thousand dollars. 

For the current expenses of the state reform school for Keform school 
boys at Westborough, a sum not exceeding fifty thousand a. sfre.''™"^' 
dollars. 

For the current expenses of the Massachusetts nautical Nautical school, 
school, a sum not exceeding fifty-five thousand dollars ; of 
which the sum of three thousand five hundred dollars may 
be set apart and used for refitting the ship " George M. 
Barnard" with a new mast, spars and rigging. 

For the current expenses of the state industrial school for industrial 
girls at Lancaster, a sum not exceeding twenty-five thousand g.'^s"?!?'^ ^"^^'" 
dollars. 

For expenses incurred in the arrest of fugitives from jus- Fugitives from 
tice, a sum not exceeding two thousand dollars. {j!s!'*iV7. 

For the salary of an agent for the relief of discharged Discharged con- 
convicts, a sum not exceeding eight hundred dollars ; and isei^Vs. 
for the expenditures of said agent, a sum not exceeding one 
thousand dollars. 

For the compensation of the state police, a sum not state police, 
exceeding twenty-five thousand dollars. ' 

For travelling expenses of the state police, a sum not fgg^^'Sfg^' 
exceeding five thousand dollars. 

For clerical, incidental and contingent expenses of the constawe of the 
constable of the Commonwealth, a sum not exceeding three *'"*™°"^*^* 
thousand dollars, which shall be allowed and paid. 

From the appropriations for expenses of the state prison. Advances may 
of the state almshouses at Tewksbury, Monson and Bridge- drtTiu appr™ 
water, and of the reform school for boys at Westborough, ^x^ejfses.^*"" 
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 institu- 
tions ;. and all sums received by said institutions from cities, Proceeds of 
towns or individuals, for the support of the inmates, or for I'ntostatetreas^ 
articles sold, shall be paid into the treasury of the Common- """y- 
wealth, except that so much as shall be received from the 
manufacture of shoes at the Tewksbury almshouse, may be 
reinvested for that purpose. 

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

Approved February 19, 1869. 



416 1869.--CHAPTERS 28, 29, 30. 

Chap. 28. ^^ -A^CT TO FURTHER AMEND AN ACT TO ESTABLISH A FUND FOR THE 
SUPPORT OF THE GOSPEL MINISTRY IN THE FIRST PARISH IN THE 
TOWN OF GROTON. 

Be it enacted, Sfc, as follows : 

rill fund! how^' Section 1. The trustees of the Groton ministerial fund 
may be invest- may loan the moueys of said fund, on promissory notes or 
bonds, secured by mortgages on real estate of at least twice 
the value of the sum loaned, on such time, and in such 
sums, not exceeding five thousand dollars in any one loan, 
as they shall deem expedient ; and may invest such portion 
of said fund as they may be unable to loan on such mort- 
gages, from time to time, in town, city, or state bonds of 
this Commonwealth, or in government bonds of the United 
States. 
fundTow"t™be Section 2. Said trustees are hereby authorized to appro- 
appu'ed. priate the income, or interest, accruing from said fund during 

any vacancy which may occur in the office of a regularly 
ordained and settled minister in said parish, to the payment 
of such teachers of religion as may, during the continuance 
of said vacancy, be employed by said parish. 

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

Approved February 23, 1869. 

Chap. 29. -^N Act TO INCORPORATE THE GREAT HARRINGTON SAVINGS BANK. 
Be it enacted, ^T., as follows : 

Corporators. SECTION 1. Egbert Hollistcr, David S. Draper, Rensselaer 

N. Couch, their associates and successors, are hereby made 

Name and pur- a Corporation by the name of the Great Barrington Savings 

P**^®" Bank, to be established in the town of Great Barrington ; 

Powers and du- with all the powcrs and privileges, and subject to all the 

*'®*" duties, liabilities and restrictions set forth in all general 

laws which now are or may hereafter be in force applicable 

to savings banks and institutions for savings. 

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

Approved February 23, 1869. 

Chan. 30. ^^ -^CT to authorize the mercantile SAVINGS INSTITUTION IN 
"' ' THE CITY OF BOSTON TO HOLD KEAL ESTATE. 

Be it enacted, Ifc, as follows : 
May invest SECTION 1. Thc Mercantile Savings Institution in the city 

banki*^ house, of Bostou is hereby authorized to hold real estate to the 
amount of one hundred and fifty thousand dollars : provided, 
that no part of said amount shall be invested in real estate, 
except in the purchase of a suitable site and the erection or 
preparation of a suitable building to be used for banking 
purposes ; and all income, if any, arising from such real 



1869.— Chapters 31, 32, 33. 417 

estate, shall be devoted exclusively to the interests of said 
corporation. 

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

Approved February 23, 1869. 
An Act to authorize the williston seminary to hold addi- QJiQ/p^ 31, 

TIONAL real and PERSONAL ESTATE. "' 

Be it enacted, Sfc, as follows: 

Section 1. The Williston Seminary is hereby authorized $25o,om addi- 
to hold real and personal estate to the amount of two hun- personal eetate. 
dred and fifty thousand dollars, in addition to the amount 
which it is now authorized to hold, to be devoted exclusively 
to the purposes of education. 

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

Approved February/ 23, 1869. 

An Act to authorize Joseph Gregory^ to extend his wharf Qfian, 32. 
IN marblehead. ■^' 

Be it enacted, §'c., as follows : 

Section 1. License is hereby given to Joseph Gregory to May extend 
extend his wharf on the Red Stone Cove Land in Marble- bieheld? ^"" 
head to the following line, viz : beginning at the northerly 
line of said land at high-water mark ; thence running south 
two hundred and fifty feet to a point ten feet east of Crafts 
Rock in twelve feet depth of water at mean low tide ; thence 
south-west fifty feet ; thence south-westerly to a point thirty 
feet south-east of the most southerly corner of the present 
wharf on said land: provided, that all things done under subject to ap- 
this act shall be subject to the determination and approval com^ssionersf 
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, Provisos, 
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 February 23, 1869. 

An Act to incorporate the board of ministerial aid. Chap. 33, 

Be it enacted, Sfc, as follows : 

Section 1. Reuben A. Chapman, Charles Theodore Rus- corporators, 
sell, Alpheus Hardy, their associates and successors, are 
hereby made a corporation by the name of The Board of Name. 
Ministerial Aid, for the purposes hereinafter set forth ; and 
i 



418 



1869.— Chapter 34. 



Corporation, 
number of mem- 
bers, &c. 



May hold prop- 
erty, and use 
income for sup- 
port of needy 
ministers. 



Powers and du- with all the powei's 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. The said corporation shall consist of such 
number of members, not less than nine nor exceeding fifteen, 
as it may from time to time determine, and a majority of 
them shall be laymen. In case of any vacancy in said board 
by death, resignation or otherwise, the same shall be filled 
by an election by the remaining members. 

Section 3. The said corporation is authorized and em- 
powered to receive, accept, take and hold all such funds, 
estate or property, as may in any manner be given, bequeathed 
or devised to it, and the same to invest in such manner as it 
may deem most expedient, and from time to time use and 
appropriate such portions of the income thereof, and where 
there is nothing in the terms of the gift or grant thereof 
restraining the same, such portions of the principal thereof, 
as it may deem expedient, for and to the aid, support or 
comfort of aged, disabled, superannuated or needy minis- 
ters of the Orthodox Congregational denomination in the 
Commonwealth, or of the widows and children of such 
ministers. 

Section 4. The said corporation, for the purposes afore- 
said, may hold real and personal estate to an amount not 
exceeding five hundred thousand dollars. 

Section 5. The first meeting of said corporation may be 
called .by any two of said corporators, by a notice of the 
time, place and purposes thereof, by them signed, and sent 
by mail seven days at least before such meeting, to each of 
the other corporators. 

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

Approved February 23, 1869. 

Chap. 34. -^N Act to confirm ckrtain acts done by nathan durfee as 

A COMMISSIONER TO LOCATE AND SELL LAND SCRIP. 

Be it enacted, ^'c, as follows: 

Section 1. All acts heretofore done by Nathan Durfee, of 
Fall River, as a commissioner for locating and selling land 
scrip received from the United States, appointed under sec- 
tion three of chapter one hundred and sixty-six of the acts 
of the year eighteen hundred and sixty-three, are hereby 
made valid and confirmed, to the same extent as they would 
have been valid had he been duly qualified to discharge the 
duties of said office. 

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

Approved February 23, 1869. 



Real and per- 
sonal estate. 



First meeting of 
corporatiou. 



Acts done as a 
commissioner 
made valid. 



1869.— Chapters 35, 36. 419 

An Act in relation to the conveyance of lots in cemeteries Chap. 35. 

IN CERTAIN CASES. "' 

Be it enacted, ^'c, as folloivs : 

Section 1. The probate courts, after notice to all persons Probate courts 
interested, or their assent thereto, may authorize executors, "a^e, &c*!'of lots 
administrators, guardians or trustees to sell and convey, or "> cemeteries, 
release, lots in cemeteries, belonging to the persons or estates 
by them represented, upon such terms and in such manner 
as the judge may order. 

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

Approved February 23, 1869. 
An Act in further addition to an act making appropriations (Jhn/yi QA 

FOR THE MAINTENANCE OF THE GOVERNMENT DURING THE PRESENT "' 

YEAR. 

Be it enacted, ^c, as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropiatioaa 
priated, for the purposes specified, to be paid out of the ^•"thorized. 
treasury of the Commonwealth, from the ordinary revenue, 
unless otherwise ordered, to meet the current expenses of 
the year ending on the thirty-first day of December, in the 
year eighteen hundred and sixty-nine, to wit; 

« 

LEGISLATURE. 

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

For stationery for the senate, purchased by the clerk of the senate station- 
senate, a sum not exceeding one thousand dollars. j^Jg jggg 74^ 

For printing blanks and circulars and the calendar of Printing, 
orders of the day for the use of the senate, a sum not exceed- ^^^' ^^^^' ^*' 
ing nine hundred dollars. 

For stationery for the house of representatives, purchased House of repre- 
by the clerk of the house of representatives, a sum not ex- tio"nery^*^' ^'*' 
ceeding two thousand two hundred dollars. ^'^^- ^^^^' ''*• 

For printing blanks and circulars and the calendar of Printing, 
orders of the day for the use of the house of representatives, " ' 
a sum not exceeding one thousand dollars. 

For books, stationery, printing and advertising, ordered sergeant-at- 

ij.1 J 1 r>.ii'ij. 1, 1 arms,books,&c. 

by the sergeant^at-arms lor the legislature, a sum not exceed- g. s. h. 
ing seven hundred and fifty dollars. 

For the authorized expenses of committees of the legisla- committees of 
ture, a sum not exceeding two thousand five hundred dollars, ofs.'^"^' 

For clerical assistance to committees authorized to employ clerical assist- 
the same, a sum not exceeding five hundred dollars ; and the ^^"J^^** *« commit- 
auditor is hereby authorized to audit bills for such assistance, ^" ^" ^^- 



420 



1869.— Chapter 36. 



the same having been approved by the chairman of such 
committees, or other members authorized by the committees 
to certify such accounts. 



Governor and 

council, print- 
, ing and sta- 
' tionery. 
Kes. 1856, 74. 
Contingent ex- 
penses. 
G. S. 14. 



State house, 
fuel and lights, 
G. S. 14. 
Bepairs and fur- 
niture, 
G. S. 14, 

Contingent ex- 
penses of senate 
and house. 



Proviso, 



Engineer. 



Printing gener- 
al laws. 
G. S. 3; 1866, 
65. 



" Blue book," 
G. S. 3. 



Newspaper 
publication of 
general laws, 
&c. 

1865, 193. 
Registration 
blanks. 
G. S. 21. 



Public docu- 
ments. 



EXECUTIVE DEPARTMENT. 

For postage, printing and stationery, for the governor and 
council, a sum not exceeding eight hundred dollars. 

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

STATE HOUSE. 

For fuel and lights for the state house, a sum not exceed- 
ing seven thousand five hundred dollars. 

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

For contingent expenses of the senate and house of repre- 
sentatives, and necessary expenses in and about the state 
house, a sum not exceeding three thousand dollars : provided, 
that no part of such sum shall be expended for stationery, 
postage, printing, repairs or furniture, or for the purchase of 
any article or thing, or to effect any object for which an 
appropriation is otherwise made in this act, or in any act 
which may be subsequently passed. 

The appropriation made in chapter three of the acts of the 
present year, for the compensation of watchmen and firemen 
in the state house, shall be held to include the compensation 
of an engineer. 

STATE PRINTING. 

For printing such number, 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 
sum not exceeding five thousand dollars. 

For printing and binding three thousand copies of the 
"blue book" edition of the acts and resolves of the present 
year, with the governor's messages and other matters, in the 
usual form, a sum not exceeding four thousand dollars. 

For the newspaper publication of the general laws and all 
other information intended for the public, a sum not exceed- 
ing four hundred dollars. 

For the printing and binding of blanks for the use of cities 
and towns, in the registration of births, marriages and deaths, 
a sum not exceeding five hundred dollars. 

For printing the public series of documents in the last 
quarter of the year one thousand eight hundred and sixty- 
nine, under the direction of the secretary of the Common- 



1869.— Chapter 36. 421 

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 Banic returns, 
one hundred dollars. 

For assessors' books, a sum not exceeding two thousand Assessors' 

, ,, ' ^ books. 

dollars. isei, i67. 

For printing and binding the annual railroad reports, a Railroad re- 
sum not exceeding two thousand five hundred dollars. ism^io?. 

INCIDENTAL AND CONTINGENT EXPENSES. 

For incidental expenses of the secretary's office, a sum not incidental ex- 
exceeding four thousand five hundred dollars. tary. 

For incidental expenses of the treasurer's office, a sum not Trelsirer. 
exceeding one thousand two hundred dollars. ^" ^* ^^' ^^^ 

For the expenses of the tax commissioner, a sum not ex- Tax commis- 
ceeding two thousand two hundred dollars. iseSfm; ises, 

For incidental expenses of the auditor's office, a sum not Auditor 
exceeding four hundred dollars. ise?, i78. 

For the purchase of books for the library in the office of Attorney-gen- 
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 
three hundred dollars. 

For the incidental and contingent expenses of the insur- insurance com- 
ance commissioner, a sum not exceeding eight hundred {Tngent w\d*"in- 
dollars ; and a further sum of eight hundred dollars for the "dental expen- 
incidental expenses of said commissioner, growing out of the isee, 255. 
.valuation of policies of life insurance, to be paid from the fees 
received for such valuation ; and for express charges and 
insurance publications, a sum not exceeding one limidred 
dollars, which shall be allowed and paid. 

MILITARY. 

For the incidental expenses and express charges of the Adjutant-gen- 
adjutant-general, a sum not exceeding two thousand six expeises'?'^'*^'* 
hundred dollars. ^866,219; w, 

For militia bounty, a sum not exceeding one hundred J8|i"2'\a.*"i86r 
fifteen thousand dollars. 266.' ' 

For military accounts, a simi not exceeding six thousand ^"'I^J" **^ 
dollars. isee, 219; I867, 

266. 



422 



1869.— Chapter 36. 



Quartermaster- 
general. 



Arsenal. 
1866,219; 1867, 
266. 



Rent of armo- 
ries. 

1866,219; 1867, 
266. 

Commissioners 
of state boun- 
ties. 



Commissioner 
on soldiers' 
cemeteries. 



Orderly and roll 
books, &c. 



Quartermas- 
ters' supplies. 



Surgeon-gener- 
al, expenses. 
1866,219; 1867, 
266. 

Medical sup- 
plies. 

1866,219; 1867, 
266. 

State aid to non- 
resident sol- 
diers. 
1866, 172. 

State aid, ex- 
penses. 
1866, 172. 



State aid to res- 
ident soldiers. 



Union fund. 



For expenses of the bureau of the quartermaster-general, 
a sum not exceeding six thousand seven hundred dollars ; 
viz : for transportation, three thousand dollars ; for materi- 
als used for the repair of arms, tents, etc., and for general 
repairs in and about the arsenal buildings, one thousand five 
hundred dollars ; and for incidental and contingent expenses, 
including salutes and preservation of grounds, two thousand 
two hundred dollars. 

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

For expenses of the commissioners on state bounties, a 
sum not exceeding two hundred dollars, which shall be 
allowed 'and paid. 

For expenses of the state commissioner on the soldiers' 
national cemeteries at Gettysburg and Antietam, a sum not 
exceeding two hundred dollars, which shall be allowed and 
paid. 

The unexpended balance of the appropriation made in 
chapter one hundred and eighty-four of the acts of eighteen 
hundred and sixty-eight, for orderly and roll books and books 
of instruction, is hereby made applicable to the same purpose 
for the present year. 

The unexpended balance of the appropriation made in 
chapter twenty-five of the acts of eighteen hundred and sixty- 
eight, for quartermasters' supplies, is hereby made applicable 
to the same purpose for the present year. 

For expenses of the bureau of the surgeon-general, a sum 
not exceeding one thousand dollars. 

For medical, surgical and hospital supplies, and contingent 
expenses connected therewith, the same being for the use of 
the state militia, a sum not exceeding five hundred dollars. 

For the payment from the state treasury of aid to Massa- 
chusetts volunteers resident out of the Commonwealth, a sum 
not exceeding ten thousand dollars. 

For expenses attending the administration of the law pro- 
viding state aid for Massachusetts volunteers and their fami- 
lies, 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 seven hundred fifty thousand 
dollars, the same to be payable on the first day of December, 
in the year eighteen hundred and sixty-nine. 

Of the union fund established under the provisions of 
chapters two hundred and sixteen of the acts of the year 
one thousand eight hundred and sixty-one, and one hundred 
and forty-seven of the acts of the year one thousand eight 



1869.— Chapter 36. 423 

hundred and sixty-two, for the payment of any expenses 
incurred during the present year in the settlement of accounts 
appertaining to the late war, there is hereby re-appropriated 
a sum not exceeding two thousand dollars. 

For the payment of bounties remaining due to Massachu- Bounties to 
setts soldiers, a sum not exceeding fifteen thousand dollars. ■l863)9i^,'254. 

AGKICULTURAL. 

For bounties to agricultural societies, a sum not exceeding Bounties to 
sixteen thousand nine hundred thirty-three dollars and g.T.^cc!' 
eighty-seven cents. 

For the pbrsonal expenses of members of the board of Expenses of 
agriculture, a sum not exceeding one thousand five hundred board. 
dollars. ^- ^- '°- 

For the travelling expenses of the secretary of said board, Expenses of 

■n , 1 1 T secretary of 

all postages and necessary expenses, a sum not exceeding board. 
two hundred and fifty dollars. ^^'''- ^^^^' ^^' 

For other incidental expenses of said board, a sum not incidental ex- 
exceeding one hundred and fifty dollars. g^'s.^'ig. 

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

The unexpended balance of the appropriation made in Printing and 
chapter eighty-seven of the resolves of the year eighteen dlutatutes!'"" 
hundred and sixty-seven, concerning the printing of the 
provincial statutes, is hereby re-appropriated for the publica- ' 

tion authorized in said resolve. 

MISCELLANEOUS. 

For the compensation of the commissioners on public commissioners 
lands, and for such clerical assistance as they may find compensatiou. ' 
necessary, a sum not exceeding three thousand five hundred 
dollars ; for contingent and incidental expenses of said com- Expen.ses. 
missioners, a sum not ex(?eeding five hundred dollars ; said oooViso^/m 
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. 

To the sheriffs of the several counties, for distributing Distribution of 
proclamations, blanks, and making returns of votes, a sum sheriffs. ^ 
not exceeding five hundred dollars. ^' ^' ^^^' 

For the purchase of books for the state library, two thou- Books for stat« 
sand three hundred dollars, to be expended under the direc- a s\T 
tion of the trustees and librarian. 

For the emergency fund, ten thousand dollars, which is Emergency 
hereby made applicable to, and may be used during the ^""*^* 



424 1869.— Chapter 37. 

present political year, for the purposes and under the pro- 
visions and limitations mentioned in chapter twenty-two of 
the acts of the year eighteen hundred and fifty-eight, which 
shall be allowed and paid, 
finkin^ fund '^^^ *^^® bouuty loau sinking fund, established under chapter 

1863, 91, § 5. ninety-one of the acts of the year eighteen hundred and sixty- 
three, to be invested in accordance with the provisions of 
section five of said chapter, the sum of twenty thousand 
dollars. 
^mparaUve ^^ ^^^^ muscum of Comparative zoology, and to the presi- 

zooiogy. dent and trustees of Williams college, each twenty-five thou- 

lege. sand dollars, payable in accordance with the provisions of 

chapter sixty-four of the resolves of eighteen hundred and 
sixty-eight. 
Harbor com- j^q^ compensation and expenses of the harbor commission- 

missioners. t' r 

1866, 149. ers, a sum not exceeding ten thousand dollars, payable upon 

vouchers properly approved and filed with the auditor for liis 
certificate. 

Flats in Boston In the act relating to certain works on the Commonwealth 
flats in Boston harbor, a sum not exceeding five thousand 
dollars, for the compensation and expenses of the engineer 
therein provided for. 

Conimissioners Qf the appropriation made in chapter three hundred and 

ies. thirty-eight of the acts of eighteen hundred and sixty-six, 

I for expenses of the commissioners on "'river fisheries, there is 

hereby re-appropriated a sum not exceeding eight hundred 
sixteen dollars and fifty-two cents ; and of the appropriation 
made in chapter three hundred and forty-four of the acts of 
eighteen hundred and sixty-seven, for expenses of said com- 
missioners, there is hereby re-appropriated a sum not ex- 
ceeding three thousand two hundred dollars and twenty-one 
cents. 

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

y Approved February 26, 1869. 



Chap. 37. An Act TO AUTHOUI5 

SKMINARY TO HDL 



IZE THE TRUSTEES OF MOUNT HOLYOKE FEMALE 
)LD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, Sj'c , as follows : 

$400,000 addi- Section 1. The trustees of the Mount Holyoke Female 

personal estate. Seminary are hereby authorized to hold real and personal 

estate to the amount of four hundred thousand dollars, in 

addition to the amount which they are now authorized to 

hold, to be devoted exclusively to the purposes of education. 

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

Approved February 26, 1869. 



1869.— Chapters 38, 39, 40, 41. 425 

An Act TO EXTEND THE TIME FOR THE LOCATION AND CONSTRUCTION QJiap, 38. 
OF THE RAILROAD OF THE BRIDGEWATER AND TAUNTON RAILROAD "' 

COMPANY. 

Be it enacted, ^c, as follows : 

Section 1. The time for the location of the railroad of Timeforioca- 
the Bridgewater and Taunton Railroad Company is hereby struction ex- 
extended to the sixteenth day of March, eighteen hundred ^«'i^'^*^- 
and seventy-one ; and the time for the construction of the 
same is hereby extended to the sixteenth day of March, 
eighteen hundred and seventy-three. 

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

Approved February 26, 1869. 

An Act to incorporate the Hudson savings bank. Chap. 39. 

Be it enacted, §"c., as follows: 

Section 1. Francis Brigham, Edmund M. Stowe, George corporators. 
Houghton, their associates and successors, are hereby made 
a corporation by the name of the Hudson Savings Bank, to Name. 
be located in the town of Hudson ; with all the powers and Powers and du- 
privileges, and subject to all the duties, liabilities and restric- 
tions set forth in all general laws which now are or may 
hereafter be in force applicable to savings banks and institu- 
tions for savings. 

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

Approved February 26, 1869. 

An Act to incorporate the medford saviijgs bank. Chap. 40. 

Be it enacted, Sfc, as follows : 

Section 1. Edward Brooks, John Ayres, Henry Hastings, corporators. 
their associates and successors, are hereby made a corpora- 
tion by the name of the Medford Savings Bank, to be located Name. 
in the town of Medford ; with all the powers and privileges. Powers and du- 
and subject to all the duties, liabilities and restrictions set 
forth in all general laws which now are or may hereafter be 
in force applicable to savings banks and institutions for 
savings. 

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

Approved February 26, 1869. 
An Act to authorize the north adams savings bank to hold Chav 41 

REAL ESTATE. "' 

Be it enacted, ^c, as follows : 

Section 1. The North Adams Savings Bank is hereby May invest $15,- 
authorized to hold real estate to the amount of fifteen thou- ho^use^*'*'^''"'^ 
sand dollars : provided, that no part of said amount shall be proviso, 
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 
5 



426 1869.— Chapters 42, 43, 44. 

from such real estate, shall be devoted exclusively to the 
interests of said corporation. 

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

Apprcfved February 26, 1869. 

Chap. 42. ^^ -^CT TO INCORPORATE THE GERMANIA RIFLE ASSOCIATION IN 

THE TOWN OF ARLINGTON. 

Be it enacted, ^c, as follows : 

Corporators. SECTION 1. Hcury Traiscr, John Menzel, Julius Elson, 

their associates and successors, are hereby made a corpora- 
Name and pur- tion by the name of the Germania Rifle Association, in 
^°^'^' the town of Arlington, for the purpose of rifle practice 

Powers and du- and improvement in the use of fire arms ; with all the 
*^^^' powers and privileges, and subject to all the duties, liabil- 

ities and restrictions set forth in all general laws which 
now are or hereafter may be in force relating to such corpo- 
rations. 
Real and per- SECTION 2. Said corporatioii may, for the purposes afore- 
said, hold real and personal estate to an amount not exceed- 
ing twenty thousand dollars. 

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

Approved February 26, 1869. 

Chat). 43. ^^ ■^^'^ "^^ ABOLISH THE OFFICE OP INSPECTOR OF THE HOSPITAL 
■* ' ' AT RAINSFORD ISLAND. 

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

Office of inspec- SECTION 1. The office of iuspcctor of the hospital at 
tor a oibie . j{,ainsford Island is hereby abolished. 
Duties, how to SECTION 2. The dutics assigned to said inspector shall 
be performed, j^ercafter be performed under the direction of the board of 
state charities, by such officer or officers as they may 
designate. 

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

Approved February 26, 1869. 



Chap. 44. -^^ -^^'^ '^^ INCORPORATE THE CHILDREN'S HOSPITAL. 

Be it enacted, ^c, as follows : 
Corporators. SECTION 1. Chandler Robbins, George H. Kuhn, Nathaniel 

H. Emmons, their associates and successors, are made a cor- 
Nameandpur- poratiou bv tlic uamc of " The Children's Hospital," for the 
pose. purpose of establishing and maintaining, in the city of 

Boston, a hospital for the care, treatment and cure of dis- 
Powers and du- eascd or maimed children ; with all the powers and privi- 
*'^*' leges, and subject to all the duties, liabilities and restrictions 

set forth in all general laws which now are or may hereafter 

be in force and applicable to such corporations. 



PRIATIONS FOR CERTAIN EXPENSES QflQp, 45. 
EEN HUNDRED AND SIXTY-EIGHT, 



1869.— Chapter 45. 427 

Section 2. Said corporation shall have power to hold real f.^'^^'^^^^'Jlj^^'^ 
and personal estate to an amount not exceeding one hundred estate. 
and tifty thousand dollars. 

Section 3. This a!et shall take effect upon its passage. 

Approved February 26, 1869. 

An Act making additional appropri 
authorized in the year eightel 
and previous years, and for other purposes. 

Be it enacted^ §"0., as follows : 

Section 1. The sums hereinafter mentioned are appropri- Appropriations 
ated, 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 : 

LEGISLATIVE, 

For books, stationery, etc., ordered by the sergeant-at-arms Books, station- 
for the legislature, a sum not exceeding one hundred and \lli 1I56, n. 
seventy-five dollars. 

For compensation and expenses of the legislative commit- committee on 
tee appointed under chapter sixty-seven of the resolves of state house". 
eighteen hundred and sixty-eight, concerning the remodelling 
of the state house, a sum not exceeding one hundred and 
fifty-six dollars and sixty cents. 

EXECUTIVE DEPARTMENT. 

For the mileage and compensation of the licutenant-gov- Mileage, iieut. 
ernor and council, for the year eighteen hundred and sixty- foundK*^ ^^^ 
eight, a sum not exceeding four hundred and five dollars. ^^^- ^^"^' '^■ 

commissioners, ETC. 

For clerical assistance employed by the tax commissioner, Tax commis- 
a sum not exceeding three hundred and thirty-two dollars ; ^^^^^'^' ^ ^^ *• 
and for contingent and incidental expenses of the tax com- Contingent ex- 
missioner, a sum not exceeding two hundred fifty dollars and iscsriss. 
forty-six cents. 

For contingent and incidental expenses of the insurance insurance com- 
commissioner, a sum not exceeding two hundred twenty- tingent expen"' 
seven dollars and forty-two cents. f^^ 255. 

For the compensation and expenses of the commissioners commissioners 
on harbors and flats, a sum not exceeding five hundred and flaVs*'^*"^* ^""^ 
forty-two dollars. isoa, 88. 

STATE printing. 

For the republication of Gould's Report on the Inverte- Report on in- 
brate Animals of Massachusetts, a sum not exceeding one mais. 
hundred and ninety-six dollars. ^^^- ^867,32. 



428 



1869.— Chapter 45. 



Soldiers' record. FoF tliG viublicatiou of the Recoi'd of Massacliusetts soldiers, 

Res. 1806, 98. ,^ t i ,^ i i ii 

a sum not exceeding eleven thousand dollars. 
Shareholders in For the publication of tlio report of shareholders in national 

national banks. , , r.,i • t , iti^t-j. 

1867, 1S8. banks, for the year eighteen hundred Snd sixty-seven, a sum 

not exceeding ten dollars. 



Board of agri- 
culture, ex- 
penses. 
G. S. 16. 



Census statis- 
tics 
1865, 69. 



"Weights, meas- 
ures and bal- 
ances. 



Electoral col- 
lege. 
G. S. 9, 



Commissioner 
on soldior.s' na- 
tional cemete- 
ries. 



Essex bridge, 
repairs. 
1859, 122. 



Charles River 
and Warren 
bridges. 
1864, 257. 



Henry Vose. 



Mass. and R. I 
boundary. 



Sundries. 



MISCELLANEOUS. 

For personal expenses of members of the board of agricul- 
ture, a sum not exceeding twenty-one dollars and fifty-three 
cents ; and for incidental expenses of said board, a sum not 
exceeding twenty-eight dollars and five cents. 

For the collection of census statistics for the year eighteen 
hundred and sixty-five, a sum not exceeding one hundred 
and fifty-six dollars. 

For expenses incurred on account of the standard vv^eights, 
measures and balances belonging to the Commonwealth, a 
sum not exceeding eleven dollars and fifty cents, -which shall 
be allowed and paid. 

For compensation and expenses of the electoral college for * 
the year eighteen hundred and sixty-eight, a sum not exceed- 
ing two hundred and fifty dollars. 

For expenses of the state commissioner on the soldiers' 
national cemeteries at Gettysburg and Antietam, a sum not 
exceeding fifteen dollars and seventy-five cents, which shall 
be allowed and paid. 

For repairs on the Essex bridge in eighteen hundred and* 
sixty-eight, a sum not exceeding three hundred sixty-six 
dollars and eighty-five cents, payable from the Essex bridge 
fund. 

For expenses incurred in the maintenance of the Charles 
River and Warren bridges for the year eighteen hundred 
and sixty-eight, a sum not exceeding nine hundred sixty-one 
dollars and two cents, payable from the Charles River and 
Warren bridge fund. 

In the resolve, chapter two of the present year, in favor 
of the family of the late Henry Vose, the sum of one thou- 
sand dollars. 

For expenses incurred in connection with the establish- 
ment of the boundary line between Massachusetts and Rhode 
Island, a sum not exceeding eighty-three dollars and foiiy 
cents, which shall be allowed and paid. 

For sundry small items of expenditure due and unpaid iu 
the year eighteen hundred and sixty-eight and previous years, 
a sum not exceeding five thousand dollars. 



1869.— Chapter 46. . 429 



CHARITABLE. 

For the support of paupers by cities and towns for eia-hteen support of pau- 

...Ji.^'^ Y • PP""** "^ towns. 

hundred and sixty-seven and previous years, a sum not g. s. 'yi; isoo, 
exceeding ten thousand dollars. " ' 

For the burial of state paupers in eighteen hundred and p^Jpers.^ '^*'^*^ 
sixty-seven and previous years, a sum not exceeding three <^*5'0; isg?, 
thousand dollars. 

For the support of lunatic state paupers in eighteen hun- Lunatic state 
dred and sixty-eight and previous years, a sum not exceeding g!"s.*^73'; i864, 
six thousand dollars. ^^' 

For coroners' accounts for eighteen hundred and sixty- coroners' in- 
eight and previous years, a sum not exceeding three hundred g!^s. is?, 175. 
dollars. 

For the current expenses of the state almshouse at Tewks- Tewksbury 

1 , ^T ,1 , 1 1 • , n in almshouse, cur- 

bury, a sum not exceeding three hundred ninety-iive dollars rent expenses. 

and fifteen cents. ^' ^' ^^" 

REFORMATORY AND CORRECTIONAL. 

For contingent and incidental expenses of the state police state police. 
for eighteen hundred and sixty-eight, a sum not exceeding 
one thousand three hundred and four dollars and ninety 
cents. 

For current expenses of the state prison, a sum not exceed- state prison. 
ing three thousand twenty-three dollars and ninety-eight 
cents. 

For the current expenses of the reform school for boys, a Reform school 
sum not exceeding two thousand sixty-three dollars and g. s. 76.' 
forty-five cents. 

For the current expenses of the Massachusetts nautical Nautical school, 
school, a sum not exceeding one hundred twenty-four dollars 
and fifty-one jsents ; and for expenses incurred in the con- Repairs on 
struction of new decks and other repairs for the school ship g. s°76. *''" 
" Massachusetts," a sum not exceeding two thousand four 
hundred fifty-seven dollars and twenty cents. 

For the current expenses of the industrial school for girls, industrial 
a sum not exceeding one thousand two hundred eighty-nine g.s'IVs'"^^"^"' 
dollars and seventy-four cents. 

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

Approved February 27, 1869. 
An Act authorizing the chelsea gas light company to Chan 46 

INCREASE its CAPITAL STOCK. ^ ' 

Be it enacted, ^c, as follows : 

Section 1. The Chelsea Gas Light Company is hereby $50,000 addi- 
authorized to add to its capital stock the sum of fifty thou- gJockl ''^p''*^ 
sand dollars : provided, that the whole capital stock of said Provisos. 



430 1869.— Chapter 47. 

corporation shall not exceed two hundred thousand dollars ; 
and provided, further, that said capital stock shall not be 
so increased until further authorized by a vote of its stock- 
holders, present and voting at a meeting called for that 
purpose. 

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

Approved March 5, 1869. 
Chap. 47. -^N Act in addition to the acts in aid of the north adams 

WATER COMPANY. 

Be it enacted, S^c, as folloxos : 
Adams may SECTION 1. Tlic town of Adams is hercbv authorized to 

issue additional • x> j.- x j.* j. • ^-n j. j' i i j 

water scrip. issuc, irom time to time, notes, scrip or certmcates of debt, 
to be denominated on the face thereof " North Adams Water 
Scrip," in addition to the amounts now authorized by law, 
an amount not exceeding twenty thousand dollars, and bear- 
ing interest not exceeding the legal rate of interest in this 
Principal and Commonwealth. Said interest shall be payable semi-annu- 
and how paid, ally, aiid the principal shall be payable at periods not more 
than twenty years from the issue of said notes, scrip or 
To be signed by Certificates, respectively. All notes, scrip and certificates 
Lnd"omfter^*'' of debt issucd as aforcsaid, shall be signed by the treasurer 
signed by chair- of said towii, and couiitcrsigned by the chairman of the 

man of select- ' icn i 

men. sclectmeii, and a record oi all such scrip and certmcates 

May be loaned sliall bc made and kept by the said treasurer. The town of 

to North Adams a j i • i j. • i^'ii x j_ ±i 

"Water Co. Adams may loan said notes, scrip or certmcates to the 

" North Adams Water Company," upon such terms and 

conditions as may be by said town prescribed ; and the said 

water company may sell the same or any part thereof from 

time to time, or pledge the same for money borrowed for the 

purpose aforesaid, at such rates and upon such terms as said 

company shall deem proper. 

Town may tax SECTION 2. The towu of Adams is hereby authorized to 

Nortii Adams asscss aiid collcct upoii tlic cstatcs, real and personal, in the 

IndTnter'est. ^^'^ district of Nortli Adams, all taxes necessary to pay the 

principal and interest of the notes, scrip and certificates issued 

and loaned as aforesaid. 

Meeting of vot- SECTION 3. A meeting of the legal voters of said fire 

Adams to be district sliall bc called within six months after the passage 

sLx months!'* of tliis act, for tlic purposc of having said voters give in 

c(f \ed b*^ two- tl^^ir written votes on the question whether they will accept 

thirds vote of this act ; and if two-thirds of said votes shall be in the 

ifliccepted, affirmative, then the selectmen of the town of Adams shall 

^rofTdamM^o warn a meeting of the voters of said town within three 

t^^aii^dwuhin months therefrom, for the purpose of having said voters 

give in their written votes upon the question whether they 



1869.— Chapters 48, 49, 50. 431 

'I 

will accept this act ; and if two-thirds of said votes given Act to be ac- 
upon said question shall be in the affirmative, then this act thfrds'vate^of 
shall be in force ; otherwise, it shall be void. *''^"- 

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

Approved March 5, 1869. 

An Act to incorporate the simonds manufacturing company. Chap. 48. 
Be it enacted, ^c, as follows : 

Section 1. Alvan A. Simonds, George F. Simonds and Corporators. 
Hale W. Page, their associates and successors, are hereby 
made a corporation by the name of the Simonds Manufac- Name and pur- 
turing Company, for the purpose of manufacturing, in the ^°^'^' 
town of Fitchburg, mowing and- reaping machine knives and 
sickles, and machine knives of all kinds ; with all the powers Powers and du- 
and privileges, and subject to all the duties, restrictions and *'^^' 
liabilities set forth in all general laws which now are or may 
hereafter be in force relating to manufacturing corporations. 

Section 2. Said corporation may hold, for the purposes Real estate. 
aforesaid, real estate necessary and convenient for its busi- 
ness, to an amount not exceeding fifty thousand dollars; 
and the whole capital stock shall not exceed one hundred Capital stock. 
thousand dollars, divided into shares of one hundred dollars 
each : provided, however, that said corporation shall not go Proviso. 
into operation until fifty thousand dollars of its capital stock 
has been paid in in cash. 

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

Approved March 5, 1869. 

An Act to change the name of "the west precinct of newton." (Jhaf) 49. 
Be it enacted, ^c, as follows : 

Section 1. The religious society incorporated as " The Name changed 
West Precinct of Newton," and without statute authority cvjng'ielnit^ioiuai 
styled "The Second Congregational Society of Newton," Society of New- 
shall be known by the latter name, which is hereby confirmed 
as its legal title. 

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

Approved March 5, 1869. 

An Act authorizing directors of railroad corporations to (J}i(in 5() 
choose one of their number vice-president, with a salary. ' * 

Be it enacted, S^c, as follows : 

Section 1. The board of directors of any railroad corpora- Railroad direct- 
tion may elect one of their number to be vice-president of the "ne'^f ul'eir* 
board and of the corporation ; and such vice-president may "umber vice- 

^ n ^ -^ ■ n J.1 X- president, with 

receive a salary lor his services irom the corporation. a salary. 

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

Approved March 5, 1869. 



432 
Chap. 51. 



$200,000 addi- 
tional capital 
stock. 



$50,000 in real 
estate. 



1869.— Chapters 51, 52, 53. 

« 

An Act to increase the capital stock of the charlestown 
gas company. 

Be it enacted, Six., as folloivs : 

Section 1. The Charlestown Gas Company is hereby 
authorized to increase its capital stock by an amount not 
exceeding two hundred thousand dollars, at such times and 
in such sums as the directors may determine. 

Section 2. Said company is hereby authorized to hold 
real estate to an amount not exceeding fifty thousand dollars, 
in addition to the amount heretofore authorized. 

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

Approved March 5, 1839. 

Chap. 52. An Act to increase the capital stock of the Jamaica plain 

GAS light company. 

Be it enacted, ^c, as follows : 

Section 1. The Jamaica Plain Gas Light Company is 
hereby authorized to increase its capital stock by an amount 
not exceeding one hundred thousand dollars, in addition to 
the amount heretofore authorized by chapter sixty-three of 
the acts of the year eighteen hundred and fifty-three ; said 
increase to be made at such times and in such sums as the 
directors may determine. 

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

Approved March 5, 1869. 



$100,000 addi 
tioiial capital 
stock. 



Chap. 53. 



Appropriations 
authorized. 



Rogers book 
fund, income. 



Todd normal 
school fund, 
income. 



Indian school 
fund, income. 



Ajrricultural 
college fund, 
income. 



An Act making appropriations from the funds and the income 

OF the funds herein mentioned, and for other purposes. 
Be it enacted, ^"c, as follows : 

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

The income of the Rogers book fund shall be expended in 
accordance with the conditions named by the donor, in con- 
formity with chapter two hundred and fifteen of the acts of 
the year eighteen hundred and fifty-seven. 

The income of the Todd normal school fund shall be paid 
to the treasurer of the board of education, to be applied in 
such manner as shall be prescribed by said board, in accord- 
ance with chapter thirty-six of the General Statutes. 

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

The income of the agricultural college fund shall be paid 
in accordance with the provisions of chapter one hundred 
and eighty-six and chapter two hundred and twenty of the 
acts of the year eighteen hundred and sixty-three. 



1869.— Chapter 54. 433 

Section 2. The sums mentioned in this section are appro- charies River 
priated, to be paid out of the Charles River and Warren bridge bridge fund. 
fund, for the year eighteen hundred and sixty-nine, to wit : ^^^'^' "''• 

On account of the Charles River bridge : 

For repairs on said bridge and buildings belonging thereto, charies River 
a sum not exceeding four thousand dollars. " ^^' ^^^^^'^' 

For horse-keeping, a sum not exceeding three hundred Horse-keeping, 
dollars. 

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

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

For the compensation of the draw-tender on said bridge, ^^g^^gl^'^*^^'"' 
the sum of one thousand two hundred dollars. 

On account of Warren bridge : il67"66" ^"^^^' 

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

For horse-keeping, a sum not exceeding three hundred Horse-keeping. 
dollars. 

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

For incidental and contingent expenses, a sum not exceed- incidental ex- 
ing five hundred dollars. 

For the compensation of the draw-tender on said bridge, Draw-tender, 
the sum of one thousand one hundred dollars. i86i,96. 

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

Approved March 6, 1869. 

Ax Act to authorize the town of Northampton to defray Chan. 54. 

CERTAIN EXPENSES INCURRED IN THE ENDEAVOR TO DETECT ' 

INCENDIARIES. 

Be it enacted, §-c., as follows : 

Section 1. The town of Northampton is hereby authorized, Northampton 
by a vote of the majority of the legal voters of said town moLyTy taxa- 
present and voting at any town meeting duly held for that pendUureT*^^* 
purpose, to raise by taxation or otherwise, a sum not exceed- J^en fo^rVefe^c*'-*" 
ing fifteen thousand dollars, for the expenditures that have tion of incen- 
been made by the selectmen of said town, or under their direc- 
tion, since the first day of January, in the year eighteen hun- 
dred and sixty-seven, in the endeavor to detect and bring to 
justice persons suspected of setting incendiary fires in said 
town ; and to pay to any persons who have incurred expenses 
or liabilities for the purposes before mentioned, whatever sums 
the selectmen of said town shall determine requisite for their 
just indemnity. 

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

Approved March 6, 1869, 
6 



434 1869.— Chapters 55, 56. 

Chap. 55. -^^ ^^"^ '"'0 AUTHORIZE THE TOWN OF MARBLEHEAD TO CONSTRUCT 
A SEA-WALL AND ROAD OVER RIVER HEAD BEACH AND MARBLE- 
HEAD NECK. 

Be it enacted, §'c., as follows: 
May build road SECTION 1. The towii of Marbleliead is hereby authorized 
side of Kiver to build a Toad ovcp the harbor side of River Head Beach 
Head Beach. ^^^^ Marblchcad Neck in said town, and in the construction 
of said road, to build and maintain a sea-wall over so much 
of said beach and neck as may have been adjudged tide- 
water, said sea-wall to be not more than fifty feet from, and 
not higher than the present break-water on said beach and 
suhjecttoap- ncck : provided, that all things done under this act shall be 
harbor commis- subjcct to the determination and approval of the harbor com- 
sioners. missioucrs, as provided in the fourth section of chapter one 

hundred and forty-nine of the acts of the year eighteen hun- 
ProvisoB. dred 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 March 6, 1869. 

Chap, 56. ^N Act to AUTHORIZE THE CITY OF BOSTON TO CONSTRUCT AND 

MAINTAIN A RAILROAD TRACK. 

Be it enacted, Sfc, as follows : 
Boston may SECTION 1. The board of aldermen of the city of Boston 

build railroad to ii xi*jxi •! j.ij.i i i? 

transport earth are hereby authorized to lay railway tracks through any ot 
from Fort Hui. ^j-jg gtrccts of Said city, and maintain them as long as may 
be necessary, for the transportation of earth and other 
material from Fort Hill territory, so called, to build Atlantic 
Avenue, and to fill up the docks and flats inside or westerly 
Proviso. of said avenue : provided, the same shall not interfere with 

the chartered rights of the Marginal Freight Railway Com- 
pany, or unreasonably incommode said company in the use 
of the tracks thereof. 
May use tracks Section 2. Thc city of Bostou may use the tracks of the 
streetTailVay. Marginal Street Railway Company for the purposes set forth 
in the first section of this act, and the board of aldermen 
may fix the amount of compensation therefor. 
Section 3. This act shall take effect upon its passage. 

Approved March 6, 1869. 



1869.— Chapters 57, 58. 435 

An Act to authorize the corporation called ohabei shalom Chap. 57. 

TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted^ ^'c, as follows : 

Section 1. The corporation called Ohabei Shalom is fi^^,;^°e''ai'!!nd 
hereby authorized to hold real and personal estate to an personal estate, 
amount not exceeding twenty-five thousand dollars, in addi- 
tion to the amount authorized by chapter one hundred and 
seventy-nine of the acts of the year eighteen hundred and 
forty-five. 

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

Approved March 6, 1869. 

. ♦ 

An Act to incorporate the woman's board of missions. Chcip. 58. 
Be it enacted, Sfc, as follows: 

Section 1. Sarah L. Bowker, Eliza H. Anderson and corporators. 
Berinthia M. Child, their associates and successors, are 
hereby constituted a body corporate, to be located in the 
city of Boston, under the name of the Woman's Board of Name. 
Missions ; with all the powers and privileges, and subject to Powers and du- 
all the duties, liabilities and restrictions set forth in the ^'^^" 
general laws which now are or may hereafter be in force 
relating to corporations, so far as the same may be applicable. 

Section 2. Said corporation may hold real and personal Real and per- 
estate to an amount not exceeding two hundred thousand 
dollars, to be devoted exclusively to the purposes and objects 
hereinafter set forth. 

Sections. The object and purpose of this corporation object and pur- 
shall be to collect, receive and liold moneys given by volun- ^°^^' 
tary contributions, donations, bequests or otherwise, to be 
exclusively expended in sending out and supporting such 
unmarried females as the prudential committee of the 
American board of commissioners for foreign missions shall, 
under the recommendation of the board of directors of this 
corporation, designate and appoint as assistant-missionaries 
and teachers for the christianization of women in foreign 
lands, and for the support of such other female missionaries 
or native female helpers in the missionary work as may be 
selected by the board of directors, with the approbation of 
the said prudential committee. 

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

Approved March 6, 1869, 



r 



436 



1869.— Chapters 59, 60,. 61. 



Kumberof trus 
tees increased. 



Probate courts 
in Berfehire 
County. 



Chap. 59. An Act to increase the number of the trustees of abbot 

FEMALE ACADEMY, IN ANDOVER. 

Be it enacted, ^c, as follows : 

Section 1. The trustees of Abbot Female Academy are 
hereby empowered to increase their number to twelve, five of 
whom shall constitute a quorum for doing business. 

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

Approved March 6, 1869. 

Chap. 60. An Act relating to probate courts in the county of Berkshire. 
Be it enacted, ^-c, as follows : 

Section 1. Probate courts shall be held in the county of 
Berkshire in each year as follows, to wit : At Pittsfield on 
the first Tuesdays of January, February, March, April, May, 
June, September, October and December, and on the third 
Tuesday in July, and the Wednesday next after the first 
Monday in November ; at Lee on the Wednesdays next after 
the first Tuesdays in January, April and October, and on the 
Wednesday next after the third Tuesday in July ; at Adams 
on the Thursdays next after the first Tuesdays in January, 
April and October, and on the Thursday next after the third 
Tuesday in July ; and at Great Barrington on the Wednes- 
days next after the first Tuesdays in February, May, Septem- 
ber and December. 

Section 2. So much of section thirty-six of chapter one 
hundred and seventeen of the General Statutes as relates to 
the times and places of holding probate courts in the county 
of Berkshire, and section two of chapter three hundred and 
twenty-five, and chapter three hundred and twenty-nine of 
the acts of the year eighteen hundred and sixty-eight, are 
hereby repealed. 

Section 3. Probate courts may be held at Lenox, in the 
county of Berkshire, at such times as the judge of probate 
and insolvency for said county may appoint, until the probate 
records of said county are removed to Pittsfield. 

Section 4. This act shall take efiect upon itr passage. 

Approved March 10, 1869. 



Eepeal. 



Courts at 
Leuox. 



Chap. 61. 



City estab- 
' * listed. 



An Act to establish the city of haverhill. 
Be it enacted, Sfc, as follows : 

Section 1. The inhabitants of the town of Haverhill shall 
continue to be a body politic and corporate under the name 
of the City of Haverhill, and as such shall have, exercise and 
enjoy all the rights, immunities, powers and privileges, and 
shall be subject to all the duties and obligations now incum- 
bent upon and pertaining to the said town as a municipal 
corporation, 



1869.— Chapter 61. 437 

Section 2. The administration of all the fiscal, pruden- Government 
tial and municipal affairs of the said city, with the govern- Imi city"c'ouu°'^ 
ment thereof, shall be vested in one officer, styled the mayor, '^^' 
one council of six, to be called the board of aldermen, and 
one council of twelve, to be called the common council ; 
which boards, in their joint capacity, shall be denominated 
the city council ; and the members thereof shall be sworn to 
the faithful performance of their respective duties. A major- Quorum, 
ity of each board shall constitute a quorum for the transaction 
of business. And no member of either board shall receive 
any compensation for his services. 

Section 3. The election of city and ward officers shall Election of city 
take place on the first Monday of December of each year ; cers. 
and the municipal year shall begin on the first Monday of 
January following. 

Section 4. It shall be the duty of the selectmen of said selectmen to di- 

, 1 pj. J.1 i? J.1 • J. 1 'J. vide town into 

town, as soon as may be alter the passage oi this act and its six wards. 

acceptance, as herein provided, to divide said town into six 

wards, to contain, as nearly as conveniently may be, an 

equal number of voters, which division may be revised by 

the city council within six years from the passage hereof. 

The city council shall, once in ten years and not oftener, wardbounda- 

alter, if needful, the boundaries of said wards, in such man- cimngtHloncein 

ner, however, as to preserve, as far as possible, an equal five years. 

number of voters in each ward. 

Section 5. On the first Monday of December, annually, ward officers to 
there shall be chosen by ballot, in each of said wards, a Jj^^*''*^" '^'i'^"- 
warden, clerk, and three inspectors of elections, who shall 
be different persons, residents in the ward, who shall hold 
their offices one year and until others are chosen and quali- 
fied in their stead. Said wardens shall preside at all ward Powers, 
meetings, with the power of moderators of town meetings ; 
and if, at any meeting, the warden is not present, the clerk 
shall preside until a warden pro tempore is chosen ; if both 
the warden and clerk are absent, the senior in age of the 
inspectors present shall preside, until a warden pro tempore 
is chosen ; and if all said officers are absent, any legal voter 
in said ward may preside, until a warden pro tempore is 
chosen. When any ward officer is absent, or neglects to 
perform his duty, his office shall be filled pro tempore. The cierk. 
clerk shall record all the proceedings and certify the votes, ^ 

and deliver to his successor in office all such records and 
journals, together with all other documents and papers held 
by him in his said capacity. The inspectors shall assist the inspectors. 
warden in receiving, assorting and counting the votes. All Officers to be 
said officers shall be sworn to a faithful discharge of their ***"^"' 



438 1869.— Chapter 61. 

duties ; said oath to be administered by the clerk to the 
warden, and by the warden to the clerk and to the inspec- 
tors, or to either of said officers by any justice of the peace 
for Essex county ; a certificate of such oaths shall be made 
Warrants for by the clerk UDon the ward records. All warrants for meet- 
zens, how and ings of the citizcns for municipal purposes to be held either 
^y w omissue , -^^ ^^^^(jg gr in general meeting, shall be issued by the mayor 
and aldermen, and shall be in such form, and served and 
returned in such manner and at such times, as the city 
council shall direct. 
Ward meetings SECTION 6. The mayor and aldermen are authorized, when 

may be held . tpiit -i • i 

without the lim- no Convenient ward room for holdmg ward meetnigs of the 
citizens of either of the wards of the city can be had, within 
the territorial limits of such ward, to appoint and direct, in 
the warrants for calling the ward meetings of such wards, 
the said meetings to be held in some convenient and proxi- 
mate place within the limits of any other of the wards of 
said city ; and for such purposes the place so assigned for 
the meeting of such ward, shall be deemed and taken to be 
included in and part of said ward, as though the same was 
within the territorial limits thereof. 

Mayor elected SECTION 7. The mayor shall be elected by the qualified 

&t IjirffG tor one »/ i 

year. votcrs of tlic city at large, voting in their respective wards, 

and shall hold his office for the municipal year next follow- 
ing his election, and mitil another shall be chosen and 
qualified in his place. 
Six aldermen SECTION 8. Six aldermen, — one alderman being selected 
forone year,"^^^ from cacli ward, — shall be elected by the qualified voters of 
ward™"" ^'^''^ the city at large, voting in their respective wards, who shall 
hold their offices for one year from the first Monday of Jan- 
uary next following their election, and until a majority of 
the new board are elected and qualified in their places. 
Common coun- SECTION 9. Two commou couucilmcn shall be elected by 
eaciiward. and from the voters of each ward, who shall, at the time of 
their election, be residents of the wards respectively in which 
they are elected, and shall hold their offices for one year, 
from the first Monday of January next following their elec- 
tion, and until a majority of the new board are elected and 
qualified in their places. 
Election to be SECTION 10. On the first Monday of December, annually, 
Monday in De- thc qualified votcrs in the several wards shall give in their 
cember. yotcs by ballot for mayor, aldermen and common council- 

men, in accordance with the provisions of this act ; and all 
the votes so given shall be assorted, counted, declared and 
recorded in open ward meeting, by causing thc names of 
persons voted for, and the number given for each, to be 



1869.— Chapter 61. 439 

written in the ward record at length. The clerk of the certificates of 
ward, within twenty-four hours thereafter, shall deliver to mon'oouncu"" 
the persons elected members of the common council, certi- ™'^°' 
ficates of their elections respectively, signed by the warden 
and clerk and a majority of the inspectors of elections, and 
shall deliver to the city clerk a copy of the record of such 
elections, certified in like manner : j^romc/e^, /ioi/;eyer, that Meetings may 
•if the choice of members of the common council shall not complete eiec- ** 
be effected on that day in any ward, the meeting in such cy°unc[i^"°^°'* 
ward may be adjourned from time to time, to complete such 
election. Th*e board of aldermen shall, within ten days 
thereafter, examine the copies of the records of the several 
wards, certified as aforesaid, and shall cause the person who 
shall have been elected mayor to be notified in writing of his 
election ; but if it shall appear that no person has received a 
majority of the votes, or if the person elected shall refuse to 
accept the office, the board shall issue warrants for a new 
election, and the same proceedings shall be had in all 
respects as are herein before provided for the choice of 
mayor, and from time to time shall be repeated, until a 
mayor shall be chosen and shall accept said office. In case vacancy in of- 
of the decease, resignation or absence of the mayor, or gf S'^^ ^f "^^yor. 
his inability to perform the duties of his office, it shall be 
the duty of the board of aldermen and common council 
respectively, by vote, to declare that a vacancy exists, and 
the cause thereof ; and thereupon the two boards shall meet 
in convention and elect a mayor to fill such vacancy ; and 
the mayor tlnis elected shall hold his office until the inability 
causing such vacancy shall be removed, or until a new elec- 
tion. If it shall appear that the whole number of aldermen —in office of 
have not been elected, the same proceedings shall be had, as *'*^^'"'""'^- 
are herein before provided in regard to the choice of mayor. 
Each alderman shall be notified in writing of his election by 
the mayor and aldermen for the time being. The oath pre- Oath of office, 
scribed by this act shall be administered to the mayor by mn^stered.^' 
the city clerk, or by any justice of the peace for the county 
of Essex. 

The aldermen and common councilmen elect shall, on the city council to 
first Monday of January, at ten o'clock in the forenoon, meet uonVnd be^^"^ 
in convention, when the oath required by this act shall be sworn, 
administered to the members of the two boards present, by 
the mayor or by any justice of the peace for the county of 
Essex ; and a certificate of such oath having been taken 
shall be entered on the journal of the mayor and aldermen, 
and of the common council, by their respective clerks. 



440 



1869.~Chapter 61. 



If mayor is not 
elected, pro- 
ceeding3. 



Organization of 
common coun- 
cU. 



City council to 
be organized if 
mayor is ab- 
sent. 



Chairman of 
board of alder- 
men. 



Each board to 
keep records. 

Vacancies. 



Mayor to be 
chief executive 
officer of city. 



May remove his 
own appointees 



May call special 
meetings of city 
council. 



% 



And whenever it shall appear that a mayor has not been 
elected previous to the first Monday of January aforesaid, 
the mayor and aldermen for the time being shall make a 
record of that fact, an attested copy of which the city clerk 
shall read at the opening of the convention to be held as 
aforesaid. 

After the oath has been administered as aforesaid, the two 
boards shall separate, and the common council shall be organ- 
ized by the choice of a president and clerk, to hold their offices 
respectively during the pleasure of the common council ; the 
clerk to be under oath faithfully to perform thh duties of his 
said office. 

In case of the absence of the mayor elect on the first 
Monday of January, or if a mayor shall not then have been 
elected, the city council shall organize itself in the manner 
herein before provided, and may proceed to business in the 
same manner as if the mayor was present ; and the oath of 
office may, at any time thereafter, in convention of the two 
boards, be administered to the mayor and any member of 
the city council who may have been absent at the organiza- 
tion. 

In the absence of the mayor, the board of aldermen may 
choose a presiding officer pro tempore, who shall also preside 
at the joint meetings of the two boards. 

Each board shall keep a record of its own proceedings, 
and judge of the elections of its own members ; and in case 
of failure of election, or in case of vacancy declared by either 
board, the mayor and aldermen shall issue their v/arrants for 
a new election. 

Section 11. The mayor shall be the chief executive officer 
of the city. It shall be his duty to be active and vigilant in 
causing the laws and regulations of the city to be enforced, 
and to keep a general supervision over the conduct of all 
subordinate officers. And he may, whenever in his opinion 
the public good may require, remove, with the consent of the 
appointing power, any officer over whose appointment he 
has, in accordance with the provisions of this charter, exer- 
cised the power of nomination. He may call special meet- 
ings of the boards of aldermen and common council, or 
either of them, when in his opinion the interests of the city 
require it, by causing notices to be left at the usual place of 
residence of each member of the board or boards to be con- 
vened. 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. • 



1869.— Chapter 61. 441 

He shall preside in the board of aldermen and in conven- To preside in 
tion of the two hoards, hut shall have a casting vote only, n^'n and in coii- 
His salary for the first five years, under this charter, shall salary"" 
be fixed by the city council, but shall not exceed the sum of 
one thousand dollars per annum. Afterwards it shall be 
such as the city council shall determine. It shall be payable 
at stated periods, but shall not at any time be increased or 
diminished during the year for which he is chosen. . He shall 
receive no other compensation. 

Section 12. The executive power of said city generally Executive pow- 

cr vested ill 

and the administration, with all the powers heretofore vested mayor and ai- 
in the selectmen of Haverhill, shall be vested in and may be <^*^''"***'^- 
exercised by the mayor and aldermen as fully as if the same 
were herein specially enumerated. 

The mayor and aldermen shall have full and exclusive May appoint 

,., Ill ill 1 -j^ 11 constables and 

power to appomt a constable or constables, and a city marshal police officers. 

and assistants, with the powers and duties of constables, and 

all other police officers, and the same to remove at pleasure. 

And. the mayor and aldermen may require any T3erson who May require 

1 • J. 1 11 J.11 i?j.i-j.x • marshal or con- 

may be appointed marshal or constable oi the city to give stable to give 

bonds for the faithful discharge of the duties of the office, ^^'^'^• 
with such security and to such amount as they may deem 
reasonable and proper, upon which bonds the like proceed- 
ings and remedies may be had as are by law provided in case 
of constables' bonds, ta,ken by the selectmen of towns. 

The city council shall have the care and suiDerintendence p'*y council to 

llAVG CUStOClV 

of the city buildings, and the custody and management of and manage- 
all city property, with power to let or to sell what may be ^JJ-operty!''^^ 
legally let or sold, and to purchase property, real or personal, 
in the name and for the use of the city, whenever its interests 
or convenience may, in their judgment, require it; and the Annual report^ 
mayor and aldermen shall, as often as once a year, cause to expenditures, 
be published, for the use of the inhabitants, a particular *"^" 
account of the receipts' and expenditures, and a schedule of 
city pro|3erty and of the city debts. 

Section 13. In all cases in which appointments are Appointments 
directed to be made hj the mayor and aldermen, the mayor denue^n'^how 
shall have the exclusive power of nomination, being subject, ™*^^*' 
kowever, to confirmation or rejection l)y the board of alder- 
men ; and no person shall be eligible hj appointment or elec- 
tion to any office of emolument, the salary of which is payable 
out of the city treasury, who, at the time of such appointment 
or election, shall be a member of the board of aldermen or 
of the common council. All sittings of the mayor and alder- sittings, except 
men, of the common council and of the city council, shall be puwic!"*^'*** 
public when they are not engaged in executive business. 



442 1869.— Chapter 61. 

Treasurer city SECTION 14. The citv couiicil sliall, aiinuallv, as soon after 

clerk and otlier , i . • , • -, ■ t "^ • ■ -, ^^ 

officers, how tlieir Organization as may be convenient, elect by joint ballot, 
in convention, a treasnrer and collector of taxes, city clerk, 
one or more snperintendents of highways, a city solicitor, 
city auditor and city physician, who shall hold their offices 
respectively for the term of one year, and until their suc- 

Mayberemoved ccssors sliall bc choscii and qualified : provided, however, 
that eithe.r of the officers named in this section may be 
removed at any time by the city council for sufficient cause. 

de"pl°mentaiid SECTION 15. The city couiicil shall, annually, in the 

assistants. moutli of January, elect by joint ballot, in convention, a 
chief engineer of the fire department, and as many assist- 
ant-engineers, not exceeding eight, as they may deem expe- 
dient, who shall hold their offices for the term of one year 
from the first Monday of February next ensuing, and until 
their successors are chosen and qualified. 

Compensation. The Compensation of the foregoing officers mentioned in 
the last two sections, shall be fixed by concurrent vote of the 
city council. , 

City clerk to be SECTION 16. The city clcrk shall also be clerk of the board 

sworn. *' 

of aldermen, and shall be sworn to the faithful performance 
Duties, of his duties. He shall perform such duties as shall be pre- 

scribed by the board of aldermen ; and he shall perform all 
the duties and exercise all the powers incumbent by law 
upon him. He shall deliver to his successor in office, as 
soon as chosen and qualified, all journals, records, papers, 
documents, or other things held by him in his capacity of 
city clerk, 
appm^ift^other" SECTION 17. The city couucil shall, in such manner as 
otKcers. tlicy sliall determine, elect or appoint all other subordinate 

officers, for whose election or appointment other provision is 
not herein made, define their duties and fix their compensa- 
tion. 
I,?w??''f.r> Section 18. The city council shall take care that no 

luoiicy ih pi op- ^ »/ 

eriy paid from moiiey bc paid from the treasury unless granted or appro- 

rc.buiy. pj^-jafyj^ jjj^fi shall secure a just and proper accountability by 

requiring bonds, with sufficient penalties and sureties, from 

all persons intrusted with the receipt, custody or disbursement 

of money. 

wormror^tJf Section 19. The board of overseers of the poor in the 

be chairman, city of Havcrhill sliall cousist of six members, residents of 
the city. The mayor, president of the common council, and 
city marshal, shall be ex officio members of the board. The 

To be elected mayor shall bc cx o^'c/o cliairman of the board. The city 
council shall annually elect, by joint ballot in convention', on 
the first Monday of January, :thrce persons to be members of 



18G9.— Chapter 61. ' 443 

said board, and to hold their ofifices for one year next ensuing, 

and until others shall be elected and qualified in their stead. 

But no more than one of the three members so to be elected 

shall be eligible from any one ward of said city. Vacancies Jj^^"^'^*' '"'**' 

occurring in the board may be filled by joint ballot of the 

city council at any time, the member so elected to hold 

office only for the unexpired term of the member who has 

ceased to hold office. The city council may at any time Removals for 

CtlUSG. 

remove members of the said board from office for cause. 

The board shall be organized annually on the third Monday Organization. 

in January. 

Section 20. The city council, chosen in the month of ^'^fsso'"'* of 

TA •! • 111 ^ • • taxes, liow 

December, in the year eighteen hundred and sixty-nine, chosen, 
shall, on the first Monday of January in the year eighteen 
liundrcd and seventy, elect by joint ballot in convention, 
three persons to be assessors of taxes, one to be chosen for 
three years, one for two years and one for one year ; and 
thcreai'ter the city council shall, annually, on the first Mon- 
day of January, elect in the same manner one person to hold 
said office for the term of three years from his election, whose 
compensation shall be fixed by the concurrent vote of the 
city council. The persons so chosen shall constitute the 
board of assessors, and shall exercise the powers and be 
subject to the liabilities and duties of assessors in towns. 
In case of a vacancy in said board of assessors, such vacancy vacancies, uow 
shall be filled by the choice of another assessor, in the man- 
ner aforesaid, to serve for the unexpired term for which the 
member whose place he fills was to have held his office. All 
taxes shall be assessed, apportioned and collected in the 
manner prescribed by the general laws of the Common- 
wealth : provided, however, that the city council may estab- 
lish further or additional provisions for the collection thereof. 

Section 21. The qualified voters of each ward, at their Assistant-as- 
respective annual ward meetings for the choice of officers, chosen.' 
shall elect by ballot one person in each ward, who shall be a 
resident of said ward, to be an assistant-assessor, whose com- 
pensation shall be fixed by the city council ; and it shall be Duties, 
the duty of the persons so chosen to furnish the assessors 
with all necessary information relative to persons and prop- 
erty taxable in their respective wards ;' and they shall be To be sworn. 
sworn to the faithful performance of their duty. 

Section 22. The qualified voters of each ward shall, on schooi commit- 
the first Monday of December, in the year eighteen hundred ber's from each 
and sixty-nine, elect by ballot three persons in each ward to ^^'"**' 
be members of the school committee, one to be chosen for 
three years, one for two years^and one for one year from the 



444 



1869.— Chapter 61. 



Mayor to be 
chairman of 
board. 

Rights and obli- 
gations of town 
concerning 
scliool money, 
vested in city. 



If no choice of 
school commit- 
tee or assistant- 
assessors, meet- 
ing may be ad- 
journed. 



City council 
may lay out 
sidewalks and 
oblige abutters 
to pave the 
same. 



Powers in rela- 
tion to laying 
out streets and 
ways. 



Partyaggrieved 
may appeal. 



first Monday of January in the year eighteen hundred and 
seventy ; and thereafter one person shall be chosen in each 
ward, at their respective annual meetings, for the term of 
three years from the first Monday of January next ensuing ; 
and the persons so chosen shall, with the mayor, constitute 
the school committee, and have the care and superintendence 
of the public schools. The mayor shall be ex officio chair- 
man of the board. And all the rights aird obligations of the 
town of Haverhill, in relation to the grant and appropriation 
of money to the support of schools, and the special powers 
and authority heretofore conferred by law upon the inhabi- 
tants of the school districts in said town, to raise money for 
the support of schools therein, shall be merged in the powers 
and obligations of the city, to be exercised in the same man- 
ner as over other subjects of taxation ; and all grants and 
appropriations of money for the support of schools and the 
erection and repair of school-houses in said city, shall be 
made by the city council, in the same manner as grants and 
appropriations are made for other city purposes. 

Section 23. Should there fail to be a choice of members 
of the school committee or assistant-assessors in any ward on 
the day of the annual ward meeting, the meeting shall be 
adjourned from time to time until the elections shall be 
completed. 

Section 24. The city council shall have power to lay out 
sidewalks, and fix the width, height and grade of the same, 
and require all persons owning land abutting on such side- 
walks to pave the walks with brick, stone or concrete, and 
keep the same in good repair, as they may direct, the city 
first setting the curbstones and paving the gutters ; and in 
case any person, owning land as aforesaid, shall neglect or 
refuse to comply with the requirements of the city council, 
after receiving due notice of such requirements, the city 
council shall have power to cause such sidewalks to be paved 
and kept in good repair according to said requirement, and 
may recover of said owner, by an action of tort in the name 
of the city, the expense of paving and keeping the same in 
good repair. The city council shall have the same powers 
in relation to the laying out, acceptance, altering or discon- 
tinuing of streets and ways, and the assessment of damages, 
which selectmen and inhabitants of towns now have by law, 
all petitions and questions relating to the same, however, 
being first acted on by the mayor and aldermen. Any per- 
son aggrieved by any proceedings of the mayor and aldermen 
or of the city council, under this provision, shall have all 
the rights and privileges now allowed in appeals from the 



1869.— Chapter 61. 445 

decisions of selectmen or the inhabitants of towns. No street ^e forty feet*" 
or way shall hereafter be opened in the city of Haverhill over wide. 
any private land by the owners thereof, and dedicated to or 
permitted to be used by the public, of a less width than forty 
feet, except with the consent of said mayor and aldermen in 
writing- first had and obtained for that purpose. The city ^'■^"|."s.'^'^^ 
council shall also have authority to cause drains and common 
sewers to be laid down through any street or private lands, 
paying the owners such damage as they may sustain thereby, 
such damage to be assessed in the same manner and upon 
the same principles as damages are assessed in the laying 
out of town ways, and to require all persons to pay a reason- 
able sum for the privilege of opening any drain into said 
public drain or common sewer ; and also to require that 
private drains shall be conducted into the public drain or 
sewer, in case the said city council shall judge the same 
necessary or proper for the health and cleanliness of the city. 

Section 25. The city council may make by-laws, with inspection and 
suitable penalties, for the inspection and survey, measure- iiV, &c. ' 
ment and sale of lumber, wood, hay, coal and bark, brought 
into or exposed in the city for sale, and shall have the same 
powers as the town had in reference to the suspension of the 
laws for the protection and preservation of useful l)irds, and 
of all other laws, the operation or suspension of which is 
subject to the action of the town thereon. 

The city council may also make all such salutary and Ry-|aws subject 

^111 111 p ^ • r-i 11 *o *''*^ approval 

needful by-laws as towns, by the laws ot this Commonwealth, of mayor. 
have power to make and establish, and to annex penalties, 
not exceeding twenty dollars, for the breach thereof, which 
by-laws shall take effect and be in force from and after the 
time therein respectively limited, without the sanction of any 
court, but subject to the approval of the mayor : provided, Proviso. 
however, that all laws and regulations in force in the town 
of Haverhill shall, until they shall expire by their own limi- 
tation, or be revised or repealed by the city council, remain 
in force ; and all fines and forfeitures for the breach of any 
by-law or ordinance, shall be paid into the city treasury. 

Section 26. All elections of national, state, county and KipcHonof na- 
district officers, who are voted for by the people, shall be held county and dis- 
at meetings of the citizens qualified to vote at such elections 
in tlieir. respective wards, at the time fixed by law for these 
elections respectively. 

Section 27. Ten days prior to every election, the mayor Mayor and al- 
and aldermen shall make out lists of all the citizens of each iist"of\ot?r1 ** 
ward qualified to vote in such elections, in the manner in jlpViverVoderks 
which selectmen of t(3wns are required to make out lists of of wards. 



446 



1869.— Chapter 61. 



Lists of voters 
to be posted. 



General meet- 
ings of citizens. 



To be called 
upon request of 
fifty voters. 



Board of health. 



Fire depart- 
ment. 



Water works. 



Charter may be 
amended by 
legislature. 



voters ; and for that purpose they shall have full access to 
the assessors' books and lists, and are empowered to call for 
the assistance of the assessors, assistant-assessors and other 
city officers ; and they shall deliver the lists so prepared and 
corrected to the clerks of the several wards, to be used at 
such elections ; and no person shall be entitled to vote whose 
name is not borne on such list. A list of the voters of each 
ward shall be posted in one or more public places in each 
ward. 

Section 28. General meetings of the citizens qualified to 
vote may from time to time be held to consult upon the 
public good, to instruct their representatives, and to take all 
lawful means to obtain redress for any grievances, according 
to the right secured to the people by the constitution of this 
Commonwealth. And such meetings may and shall be duly 
warned by the mayor and aldermen, upon the request in 
writing, setting forth the purposes thereof, of fifty qualified 
voters.. 

Section 29. All power and authority now vested by law 
ill the board of health for the town of Haverhill, or in the 
selectmen thereof, shall be transferred to and vested in the 
city' council, to be by them exercised in such manner as they 
may deem expedient. 

Section 30. The act entitled " An Act to establish a fire 
department in the town of Haverhill," passed the fifth day 
of ilarcli, in the year one thousand eight hundred and forty- 
one, shall continue in force ; and all the power and authority 
now vested in the selectmen of Haverliill, in relation to the 
fire department in that town, shall be transferred to and 
vested ill the mayor and aldermen. But the city council 
shall have power to establish fire limits within the city, and, 
from time to time, change and enlarge the same ; and by 
ordinance they shall regulate the construction of all build- 
ings erected within said fire limits, stipulating their location, 
size and the materials of which they shall be constructed, 
together with such other rules and regulations as shall tend 
to insure the same from damage by fire. 

Section 31. The power and authority vested in the town 
of Haverhill, by the seventy-third chapter of the acts of the 
year eighteen hundred and sixty-seven, to purchase, or other- 
wise take, the property belonging to the Haverhill Aqueduct 
Company, shall be vested in and may be exercised by the city 
council. 

Section 32. Nothing in this act contained shall be so con- 
strued as to restrain or prevent the legislature from amending 
or altering the same whenever they shall deem it expedient. 



1869.— Chapter 61. 447 

Section 33. All acts and parts of acts inconsistent with inconsistent ' 
this act are hereby repealed: provided, however, that the provisos.''*^ ' 
repeal of the said acts shall not affect any act done, or any 
riglit accruing or accrued or established, or any suit or pro- 
ceeding had or commenced in any civil case before the time 
when such repeal shall take effect ; and that no offence com- 
mitted, and no penalty or forfeiture incurred under any act 
hereby repealed, and before the time when such repeal shall 
take effect, shall be affected by the repeal ; and that no suit 
or prosecution, pending at the time of the said repeal, for 
any offence committed or for the recovery of any penalty or 
forfeiture incurred under said acts, shall be affected by such 
repeal ; and provided, also, that all persons who at the time 
of the said repeal taking effect, shall hold any office under 
the said acts, shall continue to hold the same until the organ- 
ization of the city government contemplated by this charter 
shall be completely effected. 

Section 34. For the purpose of organizing the system of selectmen to • 

• • issue wurriiiits 

government, hereby established, and putting the same in tor meetings to 

operation in the first instance, the selectmen of the town of cerg"**^"'-^'"®" 

Haverhill for the time being shall issue their warrants seven 

days at least previous to the first Monday of December of 

the present year, calling meetings of the citizens of each 

ward on that day, at such place and hour as they may deem 

expedient, for the purpose of choosing a warden, clerk and 

inspectors for each ward,- and all other officers whose election 

is provided for in the preceding sections of this act ; and the 

transcripts of the records in each ward, specifying the votes 

given for the several officers aforesaid, certified by the warden 

and clerk of the ward at said first meeting, shall be returned 

to said selectmen, whose duty it shall be to examine and 

compare the same ; and in case such elections should not be 

completed at the first meeting, then to issue new warrants 

until such election shall be completed, and to give notice 

thereof in manner l)efore provided, to the several persons 

elected. And at said first meeting a list of voters in each 

ward, prepared and corrected by the selectmen for the time 

being, shall be delivered to the clerk of each ward, when 

elected, to be used as herein before provided. 

After the choice of the city officers as aforesaid, or a to appoint 
majority of both boards, the selectmen shall ^appoint a place meetin's of dty 
for their first meeting, and shall, by written notice left at officers? 
the place of residence of each member, notify them thereof. 
And after this first election of city officers, and this first 
meeting for the organization of the city council according to 
the provisions of section ten of this act, as provided for in 



448 1869.— Chapters 62, 63. 

this section, tlie day of holding the annual elections and the 
day and hour for the meeting of the city council for the 
purpose of organization, shall remain as provided in said 
tenth section of this act. 

It shall be the duty of the city council, immediately after 
the first organization, to carry into effect the several provi- 
sions of this act. 
Act void unless SECTION 35. This act shall be void, unless the inhabitants 
people! ^ * "" of the town of Haverhill, at a legal town meeting called for 
that purpose, shall by a vote of a majority of the voters 
present, voting thereon as hereinafter provided, determine 
to adopt the same. At said meeting the votes shall be taken 
by written or printed ballots, and the polls shall be kept open 
not less than six hours. The selectmen shall preside in said 
meeting, and in receiving said ballots shall use the check 
lists in the same manner as they are used in the elections of 
state officers. 

Section 36. This act shall go into operation from and 
after its passage. Approved March 10, 1869. 

Chap. 62. ^^ ^^'^ CONCERNING ELECTIONS IN CITIES AND TOWNS. 

Be it enacted, ^'c, as follows : 

Meetings n^ay Mcctings for tlic clcctiou of national, state, county, district, 
seven o'clock, city and town officers, may be opened as early as seven o'clock 
be by'two^ ^'^'^ ill the forenoon, and shall be opened as early as two o'clock 
Poiiy^nofto^be ^" ^^^® afternoon, of the election day ; but in no case shall 
kept open after the poUs be kept open after the hour of sunset. 

Approved March 10, 1869. 

Chop. 63. ^^ -^CT TO PREVENT THE MANUFACTURE AND SALE OF ADULTERATED 

COMMERCIAL FERTILIZERS. 

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

To iDe labelled SECTION 1. Commercial fertilizers sold or kept for sale 

manufacturer, in this Commonwealth, shall have affixed to every bag, 

*'*'■ barrel or parcel thereof, a printed label, which shall specify 

the name of the manufacturer or seller, his place of business, 

and the constituent parts of said fertilizer, together with a 

statement of the percentage which each constituent part 

bears to the whole mass. 

Penalty for sell. SECTION 2. Whocvcr manufactures, sells or keeps for 

label. sale, commercial fertilizers not labelled in accordance 

with the provisions of the first section of this act, or who 

shall affix thereto labels not truly specifying the constituent 

parts of the fertilizers, shall be punished by a fine of ten 

dollars for the first and twenty dollars for the second and 

each subsequent offence. Approved March 10, 1869, 



1869.— Chapters 64, 65, 66. 449 

An Act concerning fisheries in bass river in the county of Chap. 64. 

BARNSTABLE. 

Be it enacted, §'c., as follows : 

Section 1. The provisions of chapter one hundred and r^'l«P*^\^^^„«f 

• ^1 n t •! Ill 1 -^"'^^ not lo ap- 

seventy-nine oi the acts oi the year eighteen hiindrea and piytoYaimouth 
sixty-eight, shall not apply to the lessees of the towns of ^"' 
Yarmouth and Dennis, while fishing for perch or alewives in 
Bass River or its tributaries. 

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

Approved March 10, 1869. 

An Act to incorporate the gbafton savings bank. Chap. 6^. 

Be it enacted, ^c, as follows : 

Section 1. A. M. Bigelow, Samuel Harrington, E. B. corporators. 
Bigelow, their associates and successors, are hereby made a 
corporation by the name of the Grafton Savings Bank, to Name and pur- 
be located in the town of Grafton ; with all the powers and i^owers and du- 
privileges, and subject to all the duties, liabilities and restric- *^^^- 
tions set forth in all general laws which now are or may 
hereafter be in force, applicable to savings banks and institu- 
tions for savings. 

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

Approved March 10, 1869. 
An Act to authorize charles j. nye and others to extend Chan 66 

their wharf in FALMOUTH. "' 

Be it enacted, ^'c, as follows : 

Section 1. License is hereby given to Charles J. Nye, May extend 
James Witherell, Alvan Nye, F. G. Nye, Thomas G. Nye, JJiTtL'" *"'^* 
Peter E. Childs and others, owners of a wharf situated at 
Bocky Point Landing, in the town of Falmouth, built under 
authority of chapter one hundred and two of the acts of the 
year eighteen hundred and forty-six, to extend said wharf 
fifty feet into tide-water : provided, that all things done under subject to ap- 
this act shall be subject to the determination and approval of com^ssioners.' 
the harbor commissioners, as provided in section four of 
chapter one hundred and forty-nine of the acts of the year 
eighteen hundred and sixty-six ; and provided, that this 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 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 March 10, 1869. 

8 



450 



1869.— Chapters 67, 68. 



Chap. 67. An Act to authorize daniel w. stevexs to extend his wharf 

IN holmes' hole. 

Be it enacted, ^'c, as follows : 

Section 1. License is hereby given to Daniel TV. Stevens 
to extend his wharf in Hohnes' Hole, in the town of Tisbury, 
five hundred feet, and the extension shall be of the same* 
width as the present structure : 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. 

Apj)roved March 10, 1869. 



May extend 
wharf in Tis 
bury. 



Subject to ap- 
proval of harbor 
commissioners. 



Provisos. 



Chap. 68. 



May take land 
in Fitchburg 
for dei)ot and 
track purposes. 



' Not exempt 
from taxation. 



Powers and du- 
ties. 



Remedy for 
damage. 



An act to authorize the Vermont and Massachusetts rail- 
road COMPANY TO TAKE LAND IN FITCHBURG FOR DEPOT AND 
OTHER PURPOSES. 

Be it enacted, iVc, as foUozcs : 

Section 1. The Vermont and Massachusetts Railroad 
Company are hereby authorized to purchase, or otherwise 
take, so much land between Laurel and South Streets in the 
town of Fitchburg, including a small parcel adjoining the 
land of said company on the easterly side of South Street, 
including in all not over one acre, for depot, station or track 
purposes, and to construct additional tracks thereon, crossing 
said Laurel and South Streets at the grade thereof: provided, 
that land taken or purchased under this act shall not be 
exempt from taxation. 

Section 2. Said corporation shall, in relation to such 
land, be entitled to all the rights and privileges, and be 
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 3. All persons who shall sustain any damage in 
their property by the taking of such land, shall have all the 
rights and remedies given by the general laws. 

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

Approved March 10, 1SQ9. 



1869.— Chapter 69. 451 

An Act concerning the Springfield and farmington valley Qfmn^ (39. 

RAILROAD COMPANY. ^' 

Be it enacted, Sf'c, as follows : 

Sectiox 1. The second section of chapter one Inindred J^,^j^^teT 
and sixty-eight of the acts of the year eighteen hundred and 
fifty-six, is hereby amended so as to permit the location and 
construction of the SpringficW and Farmington Valley Rail- 
road, upon a route commencing at the south line of the state, 
either in the town of Southvvick or Agawam, at the termina- 
tion of any railroad incorporated by the state of Connecticut, 
and running by any convenient route in the towns of South- 
wick, Agawam or West Springfield, to and across the Con- 
necticut River, to some convenient point in the city of 
Springfield, easterly or westerly of the line of the Hartford 
and New Haven Railroad, and south of State Street. 

Section 2. In case said railroad company shall locate its May erect 
road across the Connecticut River at a point south of the cminL°icut 
Agawam and Mill Rivers, it is hereby autliorized and em- Jo^crairdfor'" 
powered to erect, in connection with a railroad bridge across travellers and 

, /-, •-!-»• 1 • 1 p 1 • f passengers. 

the Connecticut River, a bridge lor the convenient use oi 
travellers and passengers, to be well built with suitable 
materials and of sufficient width, covered with plank, and 
with rails and partitions, so as to secure the safety of passen- 
gers travelling thereon ; and also to demand and receive the Toils, 
same rate of toll, subject to the same regulations and reduc- 
tions as are provided by law in relation to the " Proprietors 
of the Springfield Bridge ; " and said bridge shall be kept in 
good repair at all times. 

Section 3. The time limited by statute for the location Time for loca- 
and construction of said railroad is hereby extended three strurt'^iouTx-" 

years. tended. 

Section 4. The city of Springfield is hereby authorized springfieid may 
to subscribe for and hold shares in the capital stock of said loan its credit 
company, or loan its credit to the same by guaranteeing its ^°'*^^^- 
bonds or stock, to an amount not exceeding two and one-half -v 

per centum of the assessed vakiation of said city ; and said 
city may pay for such shares out of its treasury, and is 
hereby authorized to raise by loan upon bonds or tax, or 
otherwise, any or all sums of money which may be necessary 
to pay for the same, and may hold and dispose of the same 
in like manner, as in case of other city property: provided, 
that a mnjority of the legal voters of said city who may bo 
present and voting thereon shall vote so to do, at a legal 
meeting called for that purpose by the mayor and alder- 
men of said city, within ninety days from the passage of this 
act. 



452 1869.--CHAPTER 70. 

Toberepresen- SECTION 5. Ill case Said citv shall become a stockholder in 

ted at meetings . . tit 

of corporation saiQ compaiij, tliG major and aldermen are hereby aiithor- 
perto^neitcted ized and required to elect, annually, a suitable person to 
aid^me^n.*"'^ represent the stock of said city at all meetings of said com- 
pany ; and said city, so represented, is hereby authorized to 
vote on the whole amount of the stock held by said city, 
anything in the sixty-third chapter of the General Statutes 
to the contrary notwithstanding, 
or^wn^act^with SECTION 6. Said conipauy may contract with the stock- 
other roads for lioldcrs of any road with which its road may connect, for 
joiutV."^ ''°" the running and operating of said roads conjointly, or for 
the hiring of its own road, upon such terms as the directors 
of the companies may agree, with the assent of three-fourths 
in interest of the stockholders of the respective companies 
present and voting thereon at legal meetings called for that 
purpose. Approved March 10, 1869. 

Chap. 70. An Act concerning the Springfield and longmeadow railroad 

CORPORATION. 

Be it enacted, &'c., as follows : 
^han^iT Section 1. The second section of chapter two hundred 

and thirty-two of the acts of the year eighteen hundred and 
forty-nine, is hereby amended so as to permit the location and 
construction of the Springfield and Longmeadow Railroad, 
upon a route commencing at any convenient point in the 
city of Springfield, and terminating at the southerly line of 
the state, either in the town of Longmeadow or Wilbraham. 
Time for loca- SECTION 2. Tho time limited for the location and con- 
struction ex- struction of said railroad is hereby extended three years from 
tended. ^j^^ passagc of tliis act. 

Repeal. SECTION 3. The fourtli scctiou of chapter eighty-one of 

the acts of the year eighteen hundred and sixty-four, is hereby 

repealed. 

Springfield may SECTION 4. The city of Springfield is hereby authorized 

loan i'ts^credit"'^ to subscribc for and hold shares in the capital stock of said 

to road. corporation, or loan its credit to the same, by guaranteeing 

its bonds or stock, to an amount not exceeding two per 

centum of the assessed valuation of said city ; and said city 

may pay for such shares out of its treasury, and is hereby 

authorized to raise by loan upon bonds, or tax or 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 

Proviso. city property : provided^ that a majority of the legal voters 

of said city, who may be present and voting thereon, shall 

vote so to do, at a legal meeting called for that purpose by 

the mayor and aldermen of said city, within ninety days from 

the passage of this act. 



1869.— Chapter 71. 453 

Section 5. In case said city shall become a stocltholder in Tobe represen- 
said corporation, the mayor and aldermen are hereby author- of conwrati'ou^ 
ized and required to elect, annually, a suitable person to soireiLcU'd'bT 
represent the stock of said city at all meetings of said corpo- JJg^y°g,f"'^ '^^' 
ration ; and said city, so represented, is hereby authorized to 
vote on the whole amount of the stock held by said city, any- 
thing in the sixty-third chapter of the General Statutes to 
the contrary notwithstanding. 

Section 6. Said corporation may contract with the stock- Road may unite 

or contmct witii 

holders of any road with which its road may connect, for the other roads for 

running and operating of said roads conjointly, or for the Jo\utiy5 ^""^ 

hiring of its own road, upon such terms as the directors of 

the companies may agree, with the assent of three-fourths 

in interest of the stockholders of the respective companies 

present and voting thereon, at legal meetings called for that 

purpose. Approved March 10, 1869. 

An Act to establish the tauntok and providence railway Chap. 71. 

COMPANY. ^ 

Be it enacted, Sfc, as follows : 

Section 1. Samuel L. Crocker, Edmund H. Bennett and corporators. 
Artemas Briggs, their associates and successors, are hereby 
made a corporation by the name of the Taunton and Provi- Name, 
dence Railway Company ; with all the rights, powers and ^"g^®" ^^^ *^"" 
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 steam railroad corpo- 
rations. 

Section 2. Said company may locate, construct, maintain May buiid road 
and operate a railroad from some convenient point at or near tion\o Rhod"*^' 
the Weir junction of the Old Colony and Newport Railway, inland une. 
and the New Bedford and Taunton Railroad in the city of 
Taunton, thence westerly, through the towns of Taunton, 
Dighton, Rehoboth and Seekonk, to the state line of Rhode 
Island, near Hunt's Mills, so called, there to connect with 
any railroad which may be authorized by the laws of Rhode 
Island. 

Section 3. Said company may, with its road, cross, enter May unite with 
upon, unite with and use the road of the Old Colony and Newport'and"'* 
Newport Railway Company, and of the New Bedford and a^rTSo'if 
Taunton Railroad Corporation, subject to all the provisions Railroads, 
of the general laws relating thereto : provided, that in cross- Proviso, 
ing either of said roads it shall be at the expense of the 
company hereby chartered, and in such manner as may be 
mutually agreed upon ; and in case of disagreement upon 
the manner in which said crossing shall be made, then a 



454 ^ 1869.— Chapters 72, 73. 

commissioner, appointed by the supreme judicial court sitting 
in any county, on tlie petition of either of said corporations, 
notice tliereof being given to the otlicr, shall have full power 
to determine the manner of such crossing, and whether the 
same shall be made at grade, or over or under, or whether 
there shall be any change of grade, and, if so, how much of 
either road ; and the crossing shall be made in the manner 
determined and prescribed by said commissioner, and entirely 
at the expense of the Taunton and Providence Railroad 
Company. 
Capital stock SECTION 4. The Capital stock of said company shall be six 
hundred thousand dollars, divided into shares of one hundred 
dollars eacli ; and said company may purchase and hold such 
real and personal estate as may be necessary or convenient 
for the purposes of their incorporation. 
NewportYnd""^ SECTION 5. The Old Colony and Newport Railway Com- 
New Bedford pauy aud the New Bedford and Taunton Railroad Corpo- 
Raiiiotd" m° y ration,when respectively authorized by the votes of their 
tbe*amountof respective stockholdcrs, at meetings called for the purpose, 
$50,000. may each subscribe to the capital stock of the company 

hereby incorporated, to an amount not exceeding fifty thou- 
sand dollars. 
Location and SECTION 6. Tliis act shall be void unless said railroad is 
located within two years and completed within three years 
from the passage hereof. Approved March 11, 1869. 

Chap. 72. An Act to pkovide fou tiik appointment of assistant city 

CLERKS. 

Be it enacted, ^'c, as follows : 
Office of assist- SECTION 1. Auy city iu the Commonwealth may establish 

Rcr citv clerk •/ •/ j 

estabiisiied. by Ordinance, the office of assistant city clerk, who shall be 
appointed in such manner and have such duties and powers, 
now belonging to the office of city clerk, as such ordinance 
shall prescribe and determine. 
His certificate . SECTION 2. Any documcut Or paper certified or attested 
force as tiiat of by ail assistant city clerk, shall be admissible in evidence in 
city clerk. ^ coui'ts of tliis Commonwcaltb, ill the same manner and 
to the same extent as if such document or paper were certi- 
fied or attested by a city clerk. 

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

Approved March 17, 1869. 



An Act relating to the fees of 
Be it enacted, Sfc, as falloics : 



Chap. 73. 

Fees of jurors 
in the supreme 
judicial and 

superior courts, ^.^^^^.j.^ gj,^^[ ^^ ^^^,^^ dollars aiul fifty ccuts a day for attend- 



Fees of jurors SECTION 1. Tiic fccs for attending as a grand iuror or as 

in the supreme ^ . • , » • t • i 

judicial and a travcrsc juror, lu the supreme juuicial court or superior 



1869.— Chapters 74, 75, 76. ^ 455 

ance, and eight cents a mile for travel out and home. The 
fees of jurors in all other cases shall remain as now fixed by 
law. 

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

Approved March 17, 1869. 

An Act providing for notice or the filing of rescripts. Chap. 74. 
Be it enacted, ^'c, as follows: 

Section 1. Whenever a rescript shall be filed in any case when .-i receipt 
or procedure in either the supreme judicial court or in the dork to'notify*^' 
superior court in any county, it shall be the duty of the cord'^mid tl-lns- 
respective clerks of said courts forthwith to give notice "'it*^'«i'X. to re- 
thereof to an attorney of record of each party, and to trans- dsions. 
mit a copy of said rescript to the reporter of decisions. 

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

Approved March 17, 1869. 

An Act relating to the fisheries in' dukes county. ClwD. 75. 

Be it enacted, ^'c, as follows : 

Section 1. Chapter one hundred and seventy-nine of the chapter 179 of 
acts of the year eighteen hundred and sixty-eight shall not p'ly'^in DukeT 
applv to any person catching smelts in any seine or net in J.^'.nty- ^^^len 

c .^ \ c T\ \ rx ^ 1 -1 / 1 • PI • iishing for her- 

any 01 the waters ct JJukes uounty, while iishing lor herring rmg, &c. 
or alewives. 

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

Approved March 17, 1869. 

An Act to extend the provisions of the act of the year 
eighteen hundred and sixty-eight to regulate fisfling in 
connecticut river. 

Be it enacted, §'c., as follows : 

Section 1. Any person who shall take, or aid or assist in Penalty for tak- 
taking, from the Connecticut River, any shad at any other }«h ell ni'rc'h is 
time than between the fifteenth day of March and the '^'^^'^""'^ ^5- 
fifteenth day of June in each year, shall forfeit and pay for 
each offence the sum of one hundred dollars ; and any per- Penalty for tak- 
son who shall take, or aid or assist in taking, from the Con- a,',y'u^'before 
necticut Kiver, any salmon before the fifteenth day of March, March 15, 1872. 
in the year one thousand eight hundred and seventy-two, 
shall forfeit and pay for each offence the sum of fifty dollars. 

Section 2. Nothing in this act contained shall apply to commissioners 
the taking of any fish by order of the fish commissioners, for "''^J' t'^^e lish. 
the purpose of the natural or artificial propagation of the 
same. 

Section 3. No person shall set or draw, or shall assist or seines not to be 
aid in setting or drawing, any net or seine for the purpose uve^u's'ifnleton 
of taking fish in Connecticut River, at any time between the ^''"t"r''*y a"d 

^ , '. i- 1 1 sunrise on Moil" 

setting ol the sun on Saturday evening 01 each week and the day. 



Chap. 76. 



456 



1869.— Chapter 77. 



Weirs, pounds, 
&c., to be kept 
open during 
same period. 



Penalties. 



Fish wardens to 
be appointed. 



Repeal. 



Chap. 77. 



Appropriations 
authorized. 



Normal 
schools. 

Teachers' 
institutes. 
G. S. 35. 
Pupils. 

Normal school 
buildings. 



rising of the sun on the succeeding Monday morning ; and 
the owners of all weirs, pounds and set-nets of any descrip- 
tion, placed in the waters of said river, shall cause the same 
to be and remain open and free for the passage of fish during 
the said period in each week, in such manner as to satisfy 
tiie fish commissioners. And every person who shall violate 
the provisions of this section, and every person owning or 
controlling, in whole or in part, any pound or weir, and fail- 
ing to comply with the requirements of this section, shall 
forfeit and pay the sura of four hundred dollars to the treas- 
urer of the state for each offence ; and any person setting or 
using, or aiding or assisting in setting or using, any pound, 
weir or set-net in said river, between the fifteenth day of 
March and the fifteenth day of June in each year, the 
meshes whereof are less than five inches in extent, shall 
also forfeit and pay the sura of four hundred dollars for 
each offence, and such pounds, weirs and set-nets shall be 
forfeited to the Coramonwealth. 

Section 4. The mayor and aldermen of any city and the 
selectmen of any town bordering on the Connecticut River, 
shall appoint and fix the compensation of one or more suit- 
able persons as fish wardens within their respective cities 
and towns, who shall make complaint of all offences under 
this act. 

Section 5. Chapter one hundred and thirty of the acts 
of the year eighteen hundred and sixty-eight is hereby 
repealed. Approved March 17, 1869. 

An Act making appropriations from the moiety of the income 

OF the school fund applicable to educational purposes. 
Be it enacted, cVc, as follows : 

Section 1. The sums hereinafter mentioned in this section 
are appropriated, and shall be allowed and paid out of the 
moiety of the income of the school fund applicable to educa- 
tional purposes, for the year eighteen hundred and sixty- 
nine, to wit : 

For the support of the four state normal schools for the 
present year, the sura of forty 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 enlargement of the Framingham normal school 
building, the sum of twenty-five hundred dollars. For the 
enlargement of the Westfield normal school building, the 
sum of twelve thousand dollars, and for furnaces for the 
same, the sum of seven hundred and fifty dollars ; the said 



1869.— Chapter 78. * 457 

sums and the sums above named to be paid to and expended 
by the board of education. 

For postage, printing, advertising, stationery, the trans- Postage, print- 
portation of documents for the board of education, and for of^education!^ 
the secretary thereof, and also for any contingent expenses penslsfnormai 
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 education Expenses of 
and the treasurer thereof, a sum not exceeding five hundred t^easum-. 
dollars. 

For the Massachusetts teachers' association, the sum of ^^^^pj*^^*^'"^' 
eight hundred dollars, on condition that said association condition. " 
shall furnish a copy of the " Massachusetts Teacher " to each 
school committee in the several cities and towns in the 
Commonwealth, during the year eighteen hundred and 
sixty-nine, and furnish satisfactory evidence thereof to the 
auditor. 

For the American institute of instruction, the sum of five American insti- 
hundred dollars, to be paid to the president of said institute tron." 
ill the month of August next. 

For county teachers' associations, the sum of three hun- county teach- 
dred twenty-five dollars. tio^w.^*"*'''^" 

For the support of certain Indian schools, the sum of four Jnd^ia^fschoois. 
hundred and five dollars. g. s. so. 

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

Approved March 17, 1869. 
Ax Act to authorize the city of boston to lay out a public Chap. 78. 

STREET OR W^AY ACROSS SOUTH BAY. '■^' 

Be it enacted, Sj-c, as folloios : 

Section 1. The city of Boston is hereby authorized to lay May buUd pue 
out a public street or way across South Bay, and for that south^Bay°^* 
purpose to build a pile bridge, not exceeding one hundred 
feet in width, from the'westerly side of South Bay at or near 
the southerly end of Pine Island Wharf, so called, to the 
easterly side of said bay ; the said bridge to be located in 
such a direction, that, if continued eastwardly, it would 
intersect Federal Street at or near Dorchester Street ; and 
for that purpose the said city of Boston may drive piles in 
the said bay necessary therefor, and also for such draw piers 
as may be deemed necessary and proper for the public 
welfare, and its own convenience; and said bridge so con- Draws to be 
structed shall be provided with such good and suitable draws p''""^^'*- 
as the harbor commissioners may direct, which said city shall 
open and close at all times for the accommodation of vessels 



458 



1869.— Chapters 79, 80. 



Proviso. 



Bridge to be 
built in five 
years. 



^u^jecttoap- having occasion to pass tlie same : provided, that all things 
harbor commis- donc undcr this act shall be subject to the determination 
sioners. ^^^^ 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, further, that this act shall in no wise impair the 
legal rights of any person. 

Section 2. The authority hereby granted to said city 
may be revoked at any time ; and if said city shall neglect 
for the space of five years to build and finish said bridge, 
then this act shall be void. 

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

Approved March 17, 1869. 

Chap. 79. An Act to incorporate the Caledonian club in the city of 

BOSTON. 

Be it enacted, §'c., as follows: 

Section 1. William Kerr, Charles Mitchell, William Kelso, 
their associates and successors, are hereby made a corpoi'a- 
tion by the name of the Caledonian Club, in the city of 
Boston, for the purpose of promoting the moral, intellectual 
and social culture of its members, by means of lectures, a 
library and a reading-room, and also for the purpose of 
establishing a charitable fund for the benefit of said mem- 
bers ; with all the powers and privileges, and subject to all 
the duties, liabilities and restrictions set forth in all general 
laws which now are or hereafter may be in force, relating to 
such corporations. 

Section 2. Said corporation may, for the purposes afore- 
said, hold real and personal estate to an amount not exceed- 
ing twenty thousand dollars. 

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

Approved March 17j 1869. 



Corporators. 



Name and pur 
pose. 



Powers and du 
ties. 



Real and per- 
sonal estate. 



Chap. 80. 



Corporators. 



Name and pur- 
pose. 



Powers and du- 
ties. 



An Act to incorporate the east boston young men's chris- 
tian association. 

Be it enacted, ^'c, as follows : 

Section 1. Luther A. Wright, E. Nelson Blake, Richard 
Beeching, their associates and successors, are hereby made a 
corporation by the name of the East Boston Young Men's 
Christian Association, in the city of Boston, for the purpose 
of promoting the spiritual welfare and mental cultui-e of 
young men ; with all the powers and privileges, and subject 
to all the duties, liabilities and restrictions set forth in all 
general laws which now are or may hereafter be in force 
relating to such corporations. 



1869.— Chapters 81, 82, 83. 459 

♦ 

Section 2. Said corporation may hold real and personal ^^,f^i"e"tate' 
estate, for the purposes aforesaid, not exceeding fifty thou- 
sand dollars in value. 

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

Approved March 17, 1869. 

An Act to incorporate the haydenville savings bank. Chap. 81. 

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

Section 1. Joel Hayden, W. M. Trow, Joel Hayden, corporators. 
junior, their associates and successors, are hereby made a 
corporation by the name of the Haydenville Savings Bank, Name. 
to be located in that part of the town of Williamsburg 
called Haydenville ; with all the powers and privileges, and Powers and du- 
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 17, 1869. 

An Act to incorporate the home savings bank, in boston. (JhciT) 82 

Be it enacted, ^'c, as follows : 

Section 1. D. B. Stedman, Henry Smith and Samuel corporators. 
Atherton, their associates and successors, are hereby made 
a corporation by the name of the Home Savings Bank, to be Name. 
located in Boston ; witli all the powers and privileges, and Powers and du- 
subject to all tlie 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 17, 1869. 

An Act to authorize the weymouth and braintree institution QJidn 83 

FOR savings to HOLD REAL ESTATE. ' ' 

Be it enacted, cVc, as follows : 

Section 1. The Weymouth and Braintree Institution for May invest $20,- 
Savings is hereby authorized to hold real estate to the amount hZs".'^*"''^"^ 
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 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 
exclusively to the interests of said corporation. 

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

Approved March 17, 1869. '* 



460 



1869.— Chapters 84, 85, 86. 



Chap. 84. 



Corporators. 



Name and pur- 
pose. 



Powers and du- 
ties. 



Capital stock. 



Real estate. 



Chap. 85. 



May extend 
wharf in Bev- 
erly. 



Subject to ap- 
proval of har- 
bor commis- 
sioners. 



Provisos. 



An Act to establish the belchertown cemetery association. 
Be it enacted, Sj-c, as follows : 

Section 1. Franklin Dickinson, E. R. Bridgman, S. W. 
Longley, their associates and successors, are lierebj made a 
corporation by the name of the Belchertown Cemetery 
Association, for the purpose of purchasing, holding and 
improving lands, to be used as a cemetery, i}^ the town of 
Belchertown ; with all the powers and privileges, and subject 
to all the duties, liabilities and restrictions, set forth in all 
general laws which now are, or hereafter may be in force, 
and applicable to such corporations. 

Section 2. Said corporation shall have a capital stock of 
ten thousand dollars, and may hold, for the purposes afore- 
said, real estate to that amount. 

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

Approved March 17, 1869. 
An Act to authorize john girdler to extend his wharf in 

BEVERLY. 

Be it enacted, ^'c, as follows : 

Section 1. License is hereby given to John Girdler to 
extend his eastern wharf in Beverly, fifteen feet into tide- 
water, to a line with the end of his western wharf, and to 
connect the two wharves so as to form one wharf: 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 March 17, 1869. 



Cha^h 86. 



An Act to incorporate the salem board of trade. 

Be it enacted, ^c, as follotvs : 

Section 1. "Willard P. Phillips, Charles A. Ropes and. 
John S. Jones, their associates and successors, are hereby 
made a corporation by the name of the Salem Board of 
Trade, for tlie purpose of promoting trade and commerce in 
Powers and du- the city of Salcm and its vicinity; with all tbe powers and 
^^^' privileges, and subject to all the duties, liabilities and restric- 

tions set forth in all general laws which now are or may here- 
Proviso. after be in force, applicable to such corporations : provided, 



Corporators. 



Name and pur^ 
pose. 



1869.— Chapters 87, 88. 461 

hoivever^ that this act shall not 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 Real and per- 
estate to an amount not exceeding fifty thousand dollars, to ^'^^^ 
be devoted exclusively to the purposes of said corporation. 

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

Approved March 17, 1869. 
An Act to legalize the acts and proceedings op the " fitch- QJiap. 87. 

BUKG VILLAGE BAPTIST SOCIETY," AND TO CHANGE THE NAME ^ 

THEREOF. 

Be it enacted, §'c., as folloios : 

Section 1. The organization of the " Fitchburg Village organization 
Baptist Society," which was effected on the second day of c'outirmed.'* 
March, in the year eighteen hundred and thirty-one, and the 
subsequent re-organization of said society, under an act 
entitled an act to incorporate the " Village Baptist Society 
in Fitchburg," approved by the governor on the twenty-first 
day of February, in the year eighteen hundred and thirty- 
four, and all subsequent proceedings of said society, under 
and by virtue of such organization and act aforesaid, so far 
as the same are entered and now appear upon the records of 
said society in the possession of the clerk thereof, are hereby 
ratified and confirmed, and the same shall be taken to be 
good and valid in law to all intents and purposes whatsoever ; 
and the several persons now appearing by said records to officers to act 
have been chosen as officers of said corporation, are hereby are'chos*^en and* 
authorized to perform all their respective official duties until quaiitied. 
their successors shall be chosen and qualified ; and all acts 
done and performed by said officers, in their supposed official 
capacities as officers of said corporation, are hereby fully 
ratified and confirmed. 

'Section 2. Said corporation is hereby authorized to take Name. 
the name of the " First Baptist Society in Fitchburg," and 
is further authorized to hold real estate not exceeding in value Real estate. 
the sum of fifty thousand dollars. 

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

Approved March 17, 1869. 
An Act in addition to an act to incorporate the new bed- (JJiao;). 88. 

FORD AND TAUNTON RAILROAD COMPANY. ' ' 

Be it enacted, Sj'c, as follows : 

. Section ]. That the New Bedford and Taunton Railroad Mav extend 
Company are hereby authorized to extend their railroad, and Providence 
with power to construct, maintain and use a railroad with HebronviiiT'*'^ 
convenient single or double tracks, from a point at or near ^t'^"''"- 



462 



1869.--CHAPTERS 89, 90. 



May unite with 
Taunton 
Branch and 
Providence 
Railroads. 



$350,000 addi- 
tional capital 
stock. 
Shares. 



To be located in 
one year and 
constructed in 
two years. 



its present terminus in tlie city of Taunton, or upon the 
Taunton Branch Railroad, at or near the freight station of 
said road in Taunton ; thence in a westerly direction through 
the city of Taunton, and the towns of Rehoboth, Attleboro' 
and Pawtucket, to a point upon the Boston and Providence 
Raili'oad near the Hebronville station. 

Section 2. Said company may unite with the Taunton 
Branch and Boston and Providence Railroads, and use the 
tracks of said roads, upon the terras and subject to the pro- 
visions of the statutes of this Commonwealth, relating to 
railroads and railroad companies. 

Section 3. Said company are hereby authorized to increase 
their capital stock by an amount not exceeding three hundred 
and fifty thousand dollars, to be divided into three thousand 
five hundred shares of one hundred dollars each. 

Section 4. This act shall be void unless the said railroad 
extension is located within one year and constructed within 
two years from the passage hereof. 

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

Approved March 17, 1869. 



Chan 89 ■^^ ■^^^ ^^ extend the time for locating and constructing 

-' * ' THE WILLIAMSBURG AND NORTH ADAMS RAILROAD, AND FOR OTHEK 

PURPOSES. 

Be it enacted, lVc, as follows : 

Section 1. The time within which the railroad of the 
Williamsburg and North Adams Railroad Company shall be 
located and constructed, is hereby extended to the first day 
of June, in the year eighteen hundred and seventy-four. 

Section 2. Section seven of chapter three hundred and 
twenty-one of the acts of the year eighteen hundred and 
sixty-seven, is hereby amended by striking out the words 
" within three years from the date of the passage of this act," 
and substituting therefor the words " before the first day of 
June, in the year eighteen hundred and seventy-four." 

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

Approved March 17, 18G9. 



Time for loca- 
tion and con- 
struction ex- 
tended. 



Chap. 321, § 7, 
of 1807, amend- 
ed. 



Chap. 90. 



Corporators. 



Name. 

Powers .and du- 
ties. 



An Act to incorporate the Greenfield savings bank. 

Be it enacted, Sfc, as follows : 

Section 1. John Sanderson, William Keith, Chester C. 
Conant, their associates and successors, are hereby made a 
corporation by the name of the Greenfield Savings Bank, to 
be established in the town of Greenfield ; 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 



1869.— Chapter 91. 463 

may hereafter be in force, applicable to savings banks and 
institutions for savings. 

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

Approved March 19, 1869. 

An Act in addition to an act to establish the massachu- QJiap, 91. 

SETTS war fund, AND TO CREATE A SINKING FUND FOR ITS 
REDEMPTION. 

Be it enacted^ ^'c, as follows : 

Section 1. For the purpose of funding the present float- Floating debt 
ing debt of the Commonwealth, incurred on account of war 
expenses, and for the redemption of scrip issued under 
authority of chapter one hundred and twenty-two of tlie 
acts of the year eighteen hundred and sixty-five, entitled 
" An Act to establish the Massachusetts War Fund, and to 
create a Sinking Fund for its redemption," the treasurer 
and receiver-general, under the direction of the governor 
and council, is hereby authorized, instead of any further 
issue of six per cent, scrip, as authorized under the pro- 
visions of said chapter or of cliapter two hundred and eighty- 
four of the acts of said year, to issue sterling scrip or sterling scrip to 
certificates of debt, in the name and on behalf of the Com- cfpiraud'inter- 
monwealth, and under his signature and the seal of the Com- £oifd'l)m^u*^ old 
monwealth, to an amount not exceeding five millions of 
dollars, for a term of twenty years, the principal and interest 
payable in gold in the city of London. Said scrip, or certi- 
ficates of debt, shall be issued with interest coupons attached, 
and shall bear an annual interest of five per cent., payable 
semi-annually, on the first days of March and September in 
each year. Such scrip, or certificates of debt, shall be couii- To be counter- 
tersigned by the governor, and shall be deemed a pledge of emor, and^di^s" 
the faith and credit of the Commonwealth, redeemable at d['re'c'tion"o"/^'^ 
maturity, and shall be sold and disposed of, in such manner governor and 

council* 

and at such times and in such pieces and amounts, as the 
governor and council shall deem for the best interest of the 
Commonwealth. 

Section 2. The sinking fund provided for in said chapter sinking fund 
one hundred and twenty-two of the acts of the year eighteen "f Ises^t'Jfre-^"^ 
hundred and sixty-five, shall be held applicable to the redemp- ^'su™/unc^er 
tion of the scrip issued under the provisions of this act, as tksact. 
fully as to the redemption of that issued under the original 
act establishing said fund. 

Section 3. Any premium which may be received from Premiums on 
the sale of the scrip, or certificates of debt, issued under &c.^, to bTadded 
authority of this act, together with the income of the union to fund. 
loan sinking fund created under the provisions of chapter 
two hundred and nine of the acts of the year eighteen hun- 



464 1869.— Chapters 92, 93. 

dred and sixty-one, and chapter eighty of the acts of the 
year eighteen hundred and sixty-two, and the income of the 
Back Bay lands fund, created under the provisions of chapter 
two hundred and thirty-five of the acts of the year eighteen 
hundred and fifty-six and chapter two hundred of the acts of 
the year eighteen hundred and sixty, shall be paid into and 
constitute a part of the sinking fund established under the 
provisions of chapter one liundred and twenty-two of the acts 
of the year eighteen hundred and sixty-five, and entitled the 
" Massachusetts War Loan Sinking Fund." 

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

Approved March 19, 1869. 

Chap. 92. -^^ -^*^^ CONCERNING THE APPOINTMENT OF MEN FOR HOSE- 
"' ' CARRIAGES. 

Be it enacted, Sfc, as follows : 

Hose men may SECTION 1. Selectmen, engineers of fire departments, and 
e appom e . ^|^^ board of engineers of fire districts, in towns having one 
or more steam fire-engines, or in which water for extinguish- 
ing fires is supplied from hydrants, may appoint such number 
of men to hose-carriages as they deem expedient, not to 
exceed twenty men to each hose-carriage. 

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

Approved March 20, 1839. 

Chap. 93. -^^ Act CONCERNING INSURANCE BROKERS. 

Be it enacted, §r., as follows : 

Insurance bro- Section 1. Whocvcr acts Or aids in any manner in nego- 
stltutesf "^ """' tiating contracts of insurance, or placing risks, or effecting 
insurance, for any person other than himself, receiving com- 
pensation therefor, and is not the officer, agent or sub-agent 
of the company or companies in which such insurance is 
effected, shall be deemed to be an insurance broker. 
Not to act with- SECTION 2. No pcrsou shall act as an insurance broker 
fronfiiis«?a'nce uutil he has procurcd a certificate of authority so to act, 
commissioner. fj-Qm tlic iusurancc commissioncr. Such certificate shall 
authorize the person named therein to negotiate contracts 
of insurance, or place risks, or effect insurance with any 
insurance company established in this Commonwealth, or its 
agents, and with the agents of any insurance company not 
incorporated in this Commonwealth, which has complied 
with all of the laws thereof, and is duly authorized to do 
Proviso. business therein: provided, such agents have duly given bond 

to make returns and pay taxes, and have complied with all 
other requirements of said laws. 

Whoever assumes to act as an insurance broker otherwise 
than as aforesaid, sliall be held to be an insurance agent, and 



1869.— Chapters 94, 95. 465 

subject to all the duties, requisitions, liabilities and penalties 
set forth in the laws relating to such agents. 

Section 3. The insurance commissioner shall grant certi- certificates of 
ficates of authority as aforesaid, which shall continue in force toterminat" 
until the first day of April next after the date thereof, and ^if/;^ ^' ^'"'''" 
shall be renewed on said day and annually thereafter. 

For each certificate so granted, and for each renewal f«*^- 
thereof, there shall be collected and paid into the treasury 
of the Commonwealth, the sum of ten dollars. 

Section 4. Whoever violates any of the provisions of this Penalty. 
act, shall be punished by a fine not exceeding five hundred 
dollars. • Approved March 20, 1869. 

An Act to authorize the city of boston to construct drains (JJiap. 94. 

ON FORT HILL, AND FOR OTHER PURPOSES. "* 

Be it enacted, §'c., as follows : 

Section 1. The city of Boston is hereby authorized to city may con- 
construct and maintain such new drains or sewers for the for"dra!nagrof 
efficient and proper drainage of Fort Hill territory, so called, fo°y.^^^ '^''"" 
in the city of Boston, over any lots of land of said territory 
as the board of aldermen may deem necessary, and shall 
allow compensation for any damages occasioned thereby, in Damages, 
the same manner as is now provided by law in relation to the 
construction of common sewers. 

Section 2. The board of aldermen of the city of Boston Aiciermen may 
may reduce the grade of estates that require excavation esfatifs^onFort 
upon Fort Hill, to the level which has been or may hereafter ^^■ 
be determined upon for the improvement of said territory ; 
and for such pui'pose may cause the removal of buildings. May remove 
whether abutting on streets or otherwise, in the same man- bmicUugs. 
ner and with the same provision for damages as is now pro- 
vided in relation to buildings upon lands taken for streets. 

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

Approved March 20, 1869. 

An Act concerning the election of officers in the town of QJidp^ 95. 

PROVINCETOWN. ^ ' 

Be it enacted, Sj'c, as follows : 

Section 1. The election of town officers heretofore made Election of 
on the eighth day of February, in the year eighteen hundred confir^d!" 
and sixty-nine, in the town of Provincetown, so far as the 
same may appear illegal, for the reason that the check list 
was not used in the said election, 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 March 20, 1869. 
10 



466 



1869.— Chapters 96, 97, 98. 



Clerkship 

established. 

Salary. 



Other clerical 
services, &c. 



Repeal. 



Chop. 96. -^N Act to authorize the employment of a clerk by the 

SECRETARY OF THE BOARD OF AGRICULTURE, AND FOR OTHER 
PURPOSES. 

Be it enacted, §"c., as follows : 

Section 1. The secretary of the board of agriculture is 
hereby authorized to employ one clerk at a salary not exceed- 
ing eleven hundred dollars per annum. 

Section 2. The secretary of the board of agriculture is 
hereby authorized to expend for other clerical services in his 
office, and for lectures to be given before the board of agri- 
culture, at its annual and other meetings, a sum not exceed- 
ing four hundred dollars. 

Section 3. Chapter two hundred and forty-three of the 
acts of the year eighteen hundred and sixty-five, is hereby 
repealed. 

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

Approved March 20, 1869. 
Chap. 97. An Act in addition to the several acts incorporating the 

MASSACHUSETTS INSTITUTE OF TECHNOLOGY. 

Be it enacted, §'c., as follows : 

Section 1. All the powers and privileges now vested by 
law in the Massachusetts Institute of Technology, shall here- 
after be exercised and enjoyed by the government of said 
institute, as the same is now constituted, or as the same may 
hereafter be constituted : provided, hov^ever, that the gov- 
ernor of the Commonwealth, the chief justice of tlie supreme 
judicial court, and the secretary of the board of education 
shall continue to be members of said government, as is now 
provided by law. 

Section 2. Said government shall have power to establish 
any by-laws which they may deem expedient for the regula- 
tion of the affairs of said corporation : provided, the same are 
not repugnant to the general laws of this Commonwealth. 

Section 3. All persons who are now associate members 
of said institute, or who hereafter shall become such, shall 
be entitled to be members of the Society of Arts, with the 
rights and privileges thereof, as the same are or hereafter 
may be established by the by-laws. 

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

Approved March 20, 1869. 

An Act to authorize the building of a bridge over Mitch- 
ell's river, in CHATHAM. 

Be it enacted, ^'c, as folloivs : 

Section 1. The county commissioners of the county of 
Barnstable are hereby authorized and empowered, if in their 
judgment the public necessity and convenience so require, to 



All powers to 
be vested in the 
government of 
institute. 



Proviso. 



Government 
may establish 
by-iaws, &c. 

Proviso. 



Associate mem^ 
bers to be mem- 
bers of Society 
of Arts. 



Chap. 98. 



Bridge may be 
built over 
Mitchell's River 
in Chatham. 



sioners. 



1869.— Chapters 99, 100. 467 

lay out a public way and construct a bridge across Mitchell's 
River, in the town of Chatham, at such place as said com- 
missioners may determine : provided^ that all things done subject to ap- 
under this act shall be submitted to the determination and bor^commis- 
approval of the harbor commissioners, as provided in the 
fourth section of chapter one hundred and forty-nine of the 
acts of the year one thousand eight hundred and sixty-six. 

Section 2. Said commissioners, in laying out and con- commissioners 
structing said bridge, shall in all respects proceed as is now expeni'l paf/^' 
provided by law for laying out and constructing highways ; bychatiiam. 
but tlie expense of such laying out and constraction shall be 
paid by the town of Chatham. 

Section 3. This act shall be void unless said commis- to be laid out 
sioners shall lay out such way and bridge within three years fu three years. 
from its passage. 

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

Approved March 20, 1869. 
An Act to incorporate the avebster mutual fire insurance Qfian. 99. 

COMPANY. -^ ' 

Be it enacted, ^^c, as follows: 

Section 1. Henry H. Stevens, Frederick D. Brown, J. A. corporators. 
Dresser, Benjamin A. Corbin, John F. Hinds, Eben S. Stevens, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Webster Mutual Fire Insurance Name and pur- 
Company, in the town of Webster, for the purpose of making ^^'^^'^' 
insurance against losses or damage by fire or lightning, on 
the mutual principle ; with all the powers and privileges, and Powers and du- 
subject to all the duties, liabilities and restrictions set forth 
in all geiieral laws which are or may. be in force relating to 
such corporations. 

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

Approved March 20, 18G9. 

An Act to incorporate the saint John's literary institute. Chap. 100 
Be it enacted, §'c., as folloios : 

Section 1. John W. Skelley, John B. Curtis, Patrick H. corporators. 
Collier, their associates and successors, are hereby made a 
corporation by the name of the Saint John's Literary Insti- Name and pur- 
tute, in Cambridge, for the purpose of promoting moral and ^°'*'' 
intellectual improvement, by lectures, debate, a library, read- 
ing room and otherwise ; with all the powers and subject to powers and du- 
all the duties, liabilities and restrictions set forth in all gen- *^^^- 
eral laws which now are or may hereafter be in force and 
applicable to such corporations. 



468 



1869.— Chapters 101, 102, 103. 



Name changed 
to Fiskdale 
Mills. 



$350,000 addi- 
tional capital 

stock. 



Keal estate. 



scmaiTsutf' SECTION 2. Said Corporation may hold real and personal 
estate, for the purposes aforesaid, to an amount not exceed- 
ing twenty thousand dollars. 

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

Approved March 20, 18G9. 
Chap. 101 An Act to change the corporate name and to provide for 

AN INCREASE OF THE CAPITAL STOCK OF THE 8TURBRIDGE COTTON 
MILLS. 

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

Section 1. The Sturhridge Cotton Mills, a corporation 
established in the town of Sturhridge, in the county of 
Worcester, by chapter forty-nine of the acts of the year 
eighteen hundred and thirty-six, shall be hereafter called 
and known as the Fiskdale Mills. 

Section 2. Said corporation is hereby authorized to add 
to its capital stock three hundred and fifty thousand dollars, 
so that its capital stock may be five hundred thousand dol- 
lars ; and to hold real estate necessary and convenient for 
the purposes of its business, to an amount not exceeding 
three hundred thousand dollars. 

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

Approved March 20, 1869. 

An Act to incorporate the ipswich savings bank. 

Be it enacted, Sfc, as follows : 

Section 1. Joseph Ross, Aaron Cogswell, Frederic "Will- 
comb, their associates and successors, are hereby made a 
corporation by the name of the Ipswich Savings Bank, to be 
located in the town of Ipswich ; 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 may 
hereafter be in force applicable to savings banks and institu- 
tions for savings. 

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

Ajjproved March 20, 1869. 

An Act authorizing the taunton branch railroad corpora- 
tion to construct a railroad from its road to attle- 
borough. 

Be it enacted, ^'c, as follows : 

Section 1. The Taunton Branch Railroad "Corporation is 
hereby authorized to locate, construct and operate a railroad 
from a convenient point on the line of its present road, at or 
near Crane's Station, or between said station and the Whit- 
tenion Station ; thence westerly through the city of Taunton, 
if the road herein authorized begins in said city, and the 
towns of Norton and Attleborough, to a convenient point on 



Chap. 102 



Corporators. 



Name and pur- 
pose. 

Powers and du- 
ties. 



Chap. 103 



May build road 
to connect with 
Boston and 
Providence 
Eailroad, 



1869.— Chapter 104. 469 

the railroad of the Boston and Providence Railroad Corpo- 
ration, at or near the Attleborongh station in said last named 
town ; subject to the provisions of the general laws which 
now are or may hereafter be in force relating to such corpo- 
rations. 

Section 2. Said corporation may unite its road, at the Each road may 
western terminus as aforesaid, with the road of the Boston usrtiie'otiier'! 
and Providence Railroad Corporation, and may enter upon 
and use the same ; and the Boston and Providence Railroad 
Corporation may enter upon and use the said road of the 
Taunton Branch Railroad Corporation ; subject, respectively, 
to the provisions of the general laws which are or may be in 
force relating to connecting railroads. 

Section 3. The railroad herein authorized shall be located Tobeiocatedin 

... -, -, . , . /• 1 one year and 

withm one year, and constructed withni two years Irom the buiitmtwo 
passage of this act. ^^^"' 

Section 4. The Taunton Branch Railroad Corporation $200,000 addi- 
may increase its capital stock for the purposes aforesaid, by stock . '^^^^^'^^ 
an amount not exceeding two hundred thousand dollars. 

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

Approved March 20, 1869. 
An Act authorizing the lease of the stoneham branch rail- nf^^n 104 

ROAD to the boston AND LOWELL RAILROAD CORPORATION, AND ^' 

AN INCREASE OF THE CAPITAL STOCK OF THE STONEHAM BRANCH 
RAILROAD COMPANY. 

Be it enacted, §'c., as follows : 

Section 1. The Boston and Lowell Railroad Corporation stoneham 
and the Stoneham Branch Railroad Company are hereby roadmay be 
authorized to contract from time to time for the operation Jou^and^L^weU 
and management of said Stoneham Branch Railroad by said Rauroad. 
Boston and Lowell Railroad Corporation ; and whenever said 
corporations shall choose, said Stoneham Branch Railroad 
may from time to time be leased to said Boston and Lowell 
Railroad Corporation. 

Section 2. The .directors of said Stoneham Branch Rail- capital stock 
road Company are hereby authorized, by vote of the stock- creLed by vote 
holders thereof at meetings duly called for the purpose, to °,oidl'rs!*°'^^' 
• increase its capital stock from time to time : provided, that Proviso, 
the whole amount of the capital stock of said company shall 
not exceed one hundred thousand dollars. 

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

Approved March 20, 1869. 



470 



1869.— Chapters 105, 106. 



Chap. 105 



Corporators. 



May build 
street railway 
in Boston, un- 
der direction of 
board of alder- 
men. 

Location. 



An Act to authorize Nathaniel m. jewett and others to 

BUILD A branch RAILROAD TRACK IN EAST BOSTON. 

Be it enacted^ §t., as follows : 

Section 1. Nathaniel M. Jewett, Edward L. Jewett and 
Franklin "W. Pitcher, are hereby authorized to construct, 
maintain and use, in sucli manner as may be prescribed and 
dii-ected by the board of aldermen of the city of Boston, a 
railway, with such tracks as tlie said board of aldermen may 
from time to time permit ; the rails for said tracks to be of 
such pattern as the board of aldermen may prescribe, and to 
be suitable for railway freight cars in common use ; said 
railway to commence at a point on Bremen Street in Boston, 
at the Eastern Railroad, thence across Bremen Street, tlience 
across land of the East Boston Company, thence across 
Chelsea Street to Eagle Street, thence along Eagle Street to 
the Glendon Rolling Mill Wharf, now owned and occupied 
by said parties authorized. 

Section 2. Said railway shall be used by said parties for 
the transportation of freight only, and the cars thereon shall 
be drawn by horse power only, unless tlic use of other motive 
power shall be sanctioned by said board of aldermen. 

Section 3. Said parties may unite with the Eastern Rail- 
road Company and East Boston Freight Railroad Company : 
provided^ that such connection shall be made with the con- 
sent, in writing, of said Eastern Railroad Company, and said 
East Boston Freight Railroad Company, and on such terms 
and conditions as the company with which such connection 
shall be made shall pi-escribe. 

Section 4. Said parties shall keep in repair, to the satis- 
faction of the superintendent of the streets of the city of 
Boston, all the paving between their rails and three feet 
outside thereof on each side, and the board of aldermen of 
the city of Boston shall have full power to regulate the man- 
ner of running cars on said railway. 

Section 5. This act shall take effect as soon as it shall be 
accepted by the board of aldermen of the city of Boston. 

Approved March 20, 18G9. 

Chap. 106 An Act to incorporate the amesbury and Salisbury academy. 
Be it enacted, §'c., as follows: 

Section 1. Josiah B. Gale, William C. Binney, Robert 
Fowler and David C. Dearborn, and their associate proprie- 
tors and successors, are hereby made a corporation by the 
name of the Amesbury and Salisbury Academy, in the towns 
of Amesbury and Salisbury; with all the powers and privi- 
leges, and subject to all the duties, liabilities and restrictions 
set forth in chapter sixty-eight of the General Statutes. 



To be used for 
freight, and 
cars drawn by 
horse power. 



May unite with 
Eastern R. R. 
and East Bos- 
ton Freight 
R. K. 



Streets to be 
kept in repair, 
&c. 



When to take 
effect. 



Corporators. 



Name and pur- 
pose. 

Powers and du- 
ties. 



1869.— Chapters 107, 108. 471 

Sfction 2. Said corporation may hold real and personal Real and per- 
estate to the amount of ten thousand dollars. 

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

Approved March 20, 1869. ■ 

An Act to incorporate the union exchange company in the Chap. 107 

CITY OF BOSTON. 

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

Section 1. James A. Dnpee, Charles 0. Whitmore, Alex- corporators. 
ander H. Rice, their associates and successors, are hereby 
made a corporation by the name of tiie Union Exchange Name. 
Company, in the city of Boston, for the purpose, by purchase 
or lease, to hold and possess such real estate situated in the Real estate. 
city of Boston, as they may deem needful for an exchange 
building for the accommodation of merchants and others, 
not exceeding fifty thousand square feet of land, and may 
sell, convey, lease, mortgage or otherwise dispose of the 
same, or any part tliereof, as they shall deem expedient ; 
with all the powers and privileges, and subject to all the Powers and 
duties, restrictions and liabilities set forth in all the general ^^" ^^'^^' 
laws which now are or may be hereafter in force, applicable 
to such corporations : provided, tiiat nothing in this act shall Proviso, 
be construed to authorize the said company to buy and sell 
merchandise in their corporate capacity. 

Section 2. Tlie capital stock of said company, to be in- capuai stock 
vested in such real and personal estate as may be necessary ^"'^^ ^'^^^' 
and convenient for the purposes aforesaid, shall be fixed at 
six hundred thousand dollars, divided into shares of one 
hundred dollars each ; and said company may increase the 
said capital stock to the sum of one million dollars, by vote 
of the stockholders, at any legal meeting of said corporation 
specially called for the purpose ; but no contract for building 
shall be entered into until the whole of the capital stock, as 
now established, shall be paid in in cash. 

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

Approved March 20, 1869. 
An Act to incorporate the turner's falls land and improve- Qfiaj) 1Q8 

MENT COMPANY, OF MONTAGUE. ■» * 

Be it enacted, §'c., as follows : 

Section 1. Alvah Crocker, Matthew Chapman, Wendell corporators. 
T. Davis, their associates and successors, are hereby made a 
corporation by the name of the Turner's Falls Land and Name and pur- 
Improvement Company, to be located in the town of Mon- ^°*^' 
tague, during the term of fifteen years from and after the 
passage of this act, for the purpose of purchasing, holding, 
improving, selling, leasing or otherwise disposing of real 



472 



1869.— Chapters 109, 110. 



Powers and du- 
ties. 



Capital stock 
and shares. 



Chap. 109 

Corporators, 



Name and pur- 
pose. 

Powers and du- 
ties. 



Capital stock 
and shares. 



Not to com- 
mence business 
until $.30,000 
capital is paid 



CAop.llO 



District system 
abolished. 



Towns to take 
possession of 
district prop- 
erty, &c. 



Provisos. 



estate in said town, to an amount of land not exceeding one 
hundred acres ; 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 and applicable to such corporations. 

Section 2. The capital stock of said corporation shall not 
exceed two hundred thousand dollars, the same to be divided 
into shares of one hundred dollars each ; and no 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. 

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

Approved March 20, 1869. 

An Act to incorporate the curtis hat factory. 

Be it enacted, Sj-c, as follows : 

Section 1. Charles H. Coffin, Robert Couch and William 
Cushing, their associates and successors, are hereby made a 
corporation by the name of the Curtis Hat Factory, for the 
manufacture of hats, in the city of Newburyport ; 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 manufactur- 
ing corporations. 

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 
such real and personal estate as may be necessary for the 
purpose set forth in this act ; and shall not commence busi- 
ness until thirty thousand dollars of its capital stock shall 
have been paid in. 

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

Approved March 20, 1869. 

An Act to abolish the school district system. 
Be it enacted, §'c., as follows : 

Section 1. The school district system in this Common- 
wealth is hereby abolished. 

Section 2. Each town in which the district system now 
exists shall forthwith take possession of all the school-houses, 
land, apparatus and other property, owned and used by the 
several school districts therein, which said districts might 
lawfully convey, and shall appraise the same, levy a tax 
therefor and remit said tax in the manner provided by sec- 
tion third, chapter thirty-nine of the General Statutes : pro- 
vided, that the appraisal of the school property in any district 
or the amount to be remitted, shall not exceed the sum that 



1869.— Chapter 111. 473 

has been actually raised by taxation in such district for such 
property ; and provided^ further , that any money or property, 
held in trust by virtue of any gift, devise or bequest, for the 
benefit of any school district now existing, shall hereafter 
continue to be held and used in the same manner, and for 
the same purpose, according to the terms thereof. 

Section 3. The corporate powers and liabilities of any Powers of cus- 
school district abolished by this act, shall continue and for°certaiu*pui- 
remain for the purposes expressed in section six, chapter p°^*^^- 
thirty-nine of the General Statutes. 

Section 4. All acts and parts of acts, inconsistent with Kepeai. 
this act, are hereby repealed. 

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

Approved March 24, 1869. 

An Act relating to sewers and drains. Chciv, 111 

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

Section 1. The mayor and aldermen of any city, and the cities and 
selectmen of any town, may lay, make, and maintain all make^a^dmain- 
such main drains, or common sewers, as they shall adjudge common slw-'^'^ 
to be necessary for the public convenience or the public ers. 
health, through the lands of any persons or corporations, 
and may repair the same from time to time, whenever 
repair thereof shall be necessary ; and all main drains and 
common sewers so laid, shall be the property of the city or 
town laying the same. 

Section 2. When any lands or real estate shall be taken Lands to be 
by virtue of this act, the proceedings in the several cities fayfng'^oVt" 
shall be the same, in all respects, as in the laying out of whways.'^ 
highways or streets in such cities respectively ; and the pro- 
ceedings in the several towns shall be the same in all respects 
as in the laying out of town-ways, 

Section 3. All persons or corporations suffering damage Damages to be 

,, . ,1 f ii 1 • 1 • • determined as 

m tlieir property, by reason oi the laying, makmg or mam- in laying out 
taining of any main drains or common sewers, shall have ^g'lfway^.'^ 
the same rights and remedies for ascertaining and recovering 
the amount of such damage, in the several cities, as in the 
case of the laying out of highways or streets in such cities 
respectively, and in the several towns, as in the case of laying 
out of town-ways. 

Section 4. Sections one, two and three of chapter forty- Repeal, 
eight of the General Statutes, are hereby repealed, except 
as to rights and obligations already accrued ; and the remain- 
ing sections of said chapter, so far as the same are applica- 
ble, shall apply to the laying out of sewers and drains under 
this act. Approved March 26, 1860. 

11 



474 



1869.— Chapters 112, 113, 114, 115. 



Chap. 112 



Promoting lot- 
teries in .state, 
drawn or man- 
aged out of 
State. 



Selling lottery 
tickets, or hav- 
ing in possess- 
ion with intent 
to sell. 



Chap.lU 



Charter renew- 
ed and capital 
stock reduced. 



An Act concerning lotteries, and the sale of tickets in 
lotteries without the commonwealth. 

Be it enacted, ^'c, as follows : 

Section 1. Whoever, in this Commonwealth aids, either 
by printing or writing, or is in any way concerned in the 
setting lip, promoting, managing or drawing of any lottery 
for money, set up, promoted, managed or drawn, without 
this Commonwealth, shall for such offence be punished by a 
fine not exceeding two thousand dollars. 

Section 2. Whoever, in this Commonwealth, sells, either 
for himself or for another person, or offers for sale, or has in 
his possession with intent to sell or offer for sale, or to ex- 
change or negotiate, or in anywise aids or assists in the 
selling, exchanging or negotiating of a ticket or a share of a 
ticket in any lottery named in* the first section of this act, 
shall, for each offence, be punished by a fine not exceeding 
two thousand dollars. Approved March 26, 1869. 

An Act concerning the springfield street railway company. 
Be it enacted, ^'c, as follows : 

Section 1. All the rights, privileges, liabilities, duties 
and restrictions granted to, and imposed upon, the Spring- 
field Street Railway Company by chapter sixty-three of the 
acts of the year eighteen liundred and sixty-eight, subject to 
any general laws relating to street railways, are hereby 
renewed, except that the capital stock of said corporation 
shall not exceed the sum of one hundred thousand dollars. 

Section 2. Said corporation may also construct, maintain 
and use a street railway extending from Main Street easterly 
through State Street to a point at or near Oak Street. 

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

Approved March 26, 1869. 

Chcin. 114 ^^ -^^^ "^^ revive the charter OF the roxbury branch rail- 
^ * road company. 

Be it enacted, Sfc , as follows : 

Charter revived Chapter scvcnty-five of thc acts of the year eigliteen hun- 
catioiwmd'con- drcd aiid sixty-seven is hereby revived, and the time for 
locating the raih'oad authorized thereby is hereby extended 
two years, and for the completion of the same four years, 
from the passage hereof. Approved March 26, 1869. 

W^ An Act to authorize charles r. Mitchell to construct a 
railroad from his quarry land to " hayward's creek," in 

QUINCY. 

Be it enacted, ^'c, as follows : 

Section 1. Charles R. Mitchell is hereby authorized to 
inQuiucy. lay out, coustruct, maintain and use a railroad from his 



Route from 
Main Street 
through State 
Street to Oak 
Street. 



struction ex 
tended. 



Chap. 



May maintain 
and use railroad 



1869.-— Chapters 116, 117. 475 

quarry land, in the town of Quincy, to his land lying on 

'' Hayward's Creek," west of Newcomb's Wharf in said town, 

with the right and privilege of extending the same to his 

wharf, east of Turner's Wharf on said creek : provided^ that fe,^fo^- ^eiecr 

the consent of the owners of the land over which said rail- men. 

road may be laid out, and of the selectmen of said town, 

for the construction of said railroad, shall first be obtained. 

Section 2. Said railroad and extension of the same may Road to cross 
be laid out, constructed, maintained and used, over and across grldr^*^^^ ^ 
highways and town-ways, on the grade of tlie same. 

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

Approved March 26, 1869. 

An Act to extend the charter of the fitchburg mutual Chcip. 116 

FIRK INSURANCE COMPANY. 

Be it enacted, ^'c, as follows: 

The Fitchburg Mutual Fire Insurance Company, in the charter extend- 
town of Fitchburg, shall be and remain a body corporate tatimioTtim"!" 
after the expiration of its present charter, as fully as if no 
limitation in regard to time were contained therein ; and 
shall continue to have the powers and privileges, and to be 
subject to the duties, liabilities and restrictions set forth in 
its charter and in the general laws which are or may be in 
force relating to mutual fire insurance companies. 

Approved March 26, 1869. 

An Act to authorize charles r. mitchell to construct a Qjiap. 117 

avharf in quincy. "' 

Be it enacted, §'c., as follows: 

Section 1. License is hereby given to Charles R. Mitchell ^'lybiiiid 

- .. IP I'll- T whartmQumcy 

to construct and mamtani a whari on his land, situated on 

the north side of " Hayward's Creek," in the town of Quincy, 

between Newcomb's Wharf and Turner's Wharf, not to extend 

beyond a straight line drawn from the head of Newcomb's 

Wharf to tne head of Turner's Wharf: provided, that all Subject to ap- 

things done under this act shall be subject to the determina- \lo\oi harbor"^' 

tion 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 Provisos. 

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 March 26, 1869. 



commissioners. 



476 



1869.— Chapters 118, 119, 120. 



Chap. 118 

Corporators. 



Name and pur- 
pose. 



Powers and du- 
ties. 



KeaJ estate. 



Capital stock 
and shares. 



Proviso. 



Chap. 119 



$50,000 addi- 
tional capital 
stock. 

Proviso. 



Chap. 120 



Cotton sewing 
thread on 
spools, &e., to 
be labelled to 
show quantity 
injenj,'th or 
weight. 



Penalty for not 
labelling or la- 
belling falsely. 



An Act to incorporate the Middlesex stone brick company. 
Be it enacted, ifc, as follows : 

Section 1. Edmund M. Wood, Horace P. Tobey, J. 
Franklin Fuller, their associates and successors, are hereby 
made a corporation by the name of the Middlesex Stone 
Brick Company, to be established in the city of Boston, for 
the purpose of manufacturing and selling bricks, tiles, drain- 
pipe, and other building materials ; with all the privileges and 
powers, and subject to all the duties, restrictions and liabili- 
ties set forth in all general laws which now are or may 
hereafter be in force relating to manufacturing corporations. 

Section 2. Said corporation may hold, for the purposes 
aforesaid, real estate necessary and convenient for its busi- 
ness, to an amount not exceeding fifty thousand dollars, and 
the whole capital stock shall not exceed seventy-five thou- 
sand dollars, divided into shares of one hundred dollars each : 
provided, however, that said corporation shall not go into 
operation until thirty thousand dollars of its capital stock 
shall be paid in in cash. 

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

Approved March 26, 1869. 

An Act to authorize the Northampton gas light company to 

increase its capital stock. 
Be it enacted, cVc, as follows: 

Section 1. The Northampton Gas Light Company is 
hereby authorized to increase its capital stock by an amount 
not exceeding fifty thousand dollars : provided, that said 
capital stock shall not be so increased until further author- 
ized by a vote of the stockholders of said company, at a legal 
meeting called for that purpose. 

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

Approved Mardi 26, 1869. 

An Act to prevent frauds in the sale of cotton sewing 

THREAD. 

Be it enacted, ^"c, as follows : 

Section 1. Every manufacturer of cotton sewing thread, 
or person engaged in putting up such thread on spools or in 
packages of one pound weight or less, intended for sale, 
shall, before the same is offered for sale, affix to, or impress 
upon each spool or several package a label or stamp desig- 
nating the quantity of thread each spool or package contains, 
either by giving the length in yards or by giving the weight. 

Section 2. If any such person shall purposely neglect to 
affix such label to, or impress such stamp upon each spool or 
several package of thread, or shall, with intent to deceive. 



1869.~Chapters 121, 122. 477 

affix to or impress upon, or cause or suffer to be affixed to 
or impressed upon any spool or package of thread intended 
for sale, a label or stamp specifying that such spool or pack- 
age contains a greater number of yards or a greater quantity 
of thread by five per cent, than such spool or package con- 
tains, he shall forfeit the sum of five dollars for each spool 
or package so without a label or stamp or falsely labeled or 
stamped that shall be sold or be delivered to any person to 
be sold ; to be recovered, one-half to the use of the state, 
and one-half to the use of the party who shall sue for the 
same. 

Section 3. Any merchant, jobber or trader who shall sell nabfj^^game^'^ 
or offer for sale cotton sewing thread, on spools or in pack- penalty as man- 
'ages, that he knows or has reason to believe is falsely labeled 
or stamped as regards length or quantity, shall be liable to 
the penalty prescribed in the preceding section. 

Approved March 26, 1869. 

An Act in relation to the partition of lands. Chllp. 121 

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

Section 1. The probate court mav make partition of Probatecourt 

■iniiii ••■i i " i ,• rnay make par- 

lands held by joint tenants, coparceners or tenants in com- tiHon of lands 
mon, when the shares of the respective parties are not in &^c.°whl*i"*"'^^' 
dispute between them, in like manner and by like proceed- ju '^'ilputl '*"* 
ings as said court may now make partition of the real estate 
of a deceased person among his heirs and devisees. 

Section 2. Upon any petition for partition in the probate Notice may be 
court, the notice required by law may be dispensed with it'^parties a2 ' 
when all persons interested signify in writing their assent to ^'^"*" 
the partition or waive the notice. 

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

Approved March 26, 1869. 

An Act authorizing an increase of the expenditures for QJian. 122 
discharged convicts. "' ^ 

Be it enacted, ffc, as follows : 

The agent for discharged convicts is hereby authorized to Additional ap- 
expend five hundred dollars annually, for the purposes agent'of d?s-^*"^ 
specified in section sixty-six, chapter one hundred and ^\^^gf^'^°^' 
seventy-nine of the General Statutes, in addition to the 
amount authorized by chapter seventy-eight of the acts of 
the year eighteen hundred and sixty-one. 

Approved March 26, 1869. 



478 1869.— Chapters 123, 124, 125. 

Chap. 123 -^^ -^^"^ TO REGULATE THE ERECTION OF WOODEN BUILDINGS IN 
CERTAIN PARTS OF THE CITY OF BOSTON. 

Be it enacted, ^^c, as follows: 
rrovisions eon- SECTION 1. The provisions of chapter two liundred and 

cerning wooden . , _ , 7. ■ • 1 ^ i i ^ tiPL 

buildings ex- eighty 01 the acts 01 tlie year eighteen hnndred and rilty, 
w^rlS^inVos^ are hereby extended and made applicable to those parts of 
*°"- the city of Boston comprised in wards thirteen, fourteen and 

fifteen . 

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

Approved March 26, 1869. 

ChcCD. 124 An Act to authorize Bradford barnes and others to extend 

their wharf in PLYMOUTH. 

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

May extend SECTION 1. Liccnsc is hereby given to Bradford Barnes, 

mouth.^" ^* Ellis Barnes and Benjamin Barnes, to extend their wharf in 
Subject to ap. Plymouth, easterly not to exceed twenty-five feet: provided, 

provalofharbor •' n , . n t ■ • i ii i i • i 

commissiouers. that all tluiigs doiic iiudcr this act shall be subject to the 
determination and approval of the harbor commissioners, as 
provided in section four of chapter one hundred and forty- 
nine of the acts of the year eighteen hundred and sixty-six ; 

Provisos. 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 March 26, 1869. 

Chap. 125 ^^ ^'^'^ '•'^ AUTHORIZE THE TOWN OF NEWTON TO COMPENSATE 
DAVID ALMON FOR INJURIES RECEIVED IN THE SERVICE OF SAID 
TOWN. 

Be it enacted, ^'c, as follows: 

Newton may SECTION 1. Tlic towii of Ncwtou is licrcby authorized, by 

sand donars"by a votc of tlic majority of the legal voters present and voting 

David AHnon, ^t any towu meeting duly held for that purpose within one 

man"^^'^''"^^**^" J®^^ from the passage of this act, to raise by taxation or 

otherwise, and pay David Almon of said Newton, a sum not 

exceeding one thousand dollars, as compensation for injuries 

sustained while in the discharge of his duty as a fireman in 

the service of the town. 

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

Approved March 26, 1869. 



1869.— Chapter 126. 479 

An Act to iNConpouATE the monadnock railroad company. Chap. 126 
Be it enacted^ §'c., as follows : 

Section 1. John H, Fairbank, Charles L. Beals, Ephraim corporators. 
Murdock, junior, their associates and successors, are liereby 
made a corporation by the name of the Monadnock Raih'oad 
Company ; with all the powers and privileges, and subject to Powers and du- 
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. 

Section 2. Said company may construct and maintain a From ti-rminus 
railroad, witli one or more tracks, tor the transportation oi Railroad to 
persons and merchandise from a point at the terminus of the la\vlnciit™don. 
Monadnock Railroad on the boundary line between the states 
of New Hampshire and Massachusetts and between the town 
of Rindge in New Hampshire and the town of Winchendon 
in Massachusetts, and thence running in a southerly direc- 
tion in the town of Winchendon to some point on the 
Cheshire Railroad in said Winchendon. 

Section 3. Tlie capital stock of said corporation shall capital stock 

i 1 unci sii^rcs 

not exceed fifty thousand dollars, and shall be divided into 
shares of one hundred dollars each, and said company may 
purchase and hold such real estate and engines, cars and 
other property as may be found necessary for the purposes 
of said road. 

Section 4. Tiie said Monadnock Railroad Company may Monadnock 
unite their road with the Cheshire Railroad, and may enter H^u'rwUh'"^ 
upon and use the track of said railroad, upon the terms and Ji^l^'j''''''^' ^'"''' 
subject to the provisions of the statutes of the Commonwealth 
relating to railroads and railroad corporations. 

Section 5. The legislature may authorize any railroad other railroads 
corporation to enter their road upon the road of the company t"dsroad\imicr 
hereby incorporated, upon the same terms and conditions as s'^^"*^'"-'' ^'■^"■'^''^■ 
are prescribed in the preceding section, for the entrance of 
the road of said company upon the road of the Cheshire 
Railroad Company. 

Section 6. Said Monadnock Railroad Company is hereby ]\ionadnock 
authorized and empowered to lease or transfer all their prop- lea^rroldT/ 
erty, right and franchise under this charter to the Cheshire ^o'^^f "''^' ^^^''' 
Railroad Corporation, whenever mutual arrangements may 
be made to that effect, for a limited time or perpetually; and 
either of said corporations is hereby authorized to accept such 
lease or transfers whenever agreed upon by the parties. 

Section 7. If the said company shall not, within three Location to be 
years, file a location of their route in the manner required veaWandTr'ack 
by law, and shall not, within five years, complete one track years!" "^^^ 
of said road, then this act shall be void. 



480 1869.— Chapter 126. 

May unite with SECTION 8. TliG sai(l compaiiy IS hercbj authorized to 
Hampsiiire. uiiito witli any railroad company which is or may be incor- 
porated in the state of New Hampshire, with authority to 
build a railroad from Peterborough to the state line, at the ter- 
minus of said railroad hereby authorized to be constructed. 
If companies Aud wlicu the two Companies shall have so united, the 
named Monad- stockholdcrs of the oue company shall become the stock- 
uock iiaiiioad i^Qi(jej,g of tijQ other company, and the two companies shall 
constitute one corporation by the name of the Monadnock 
Railroad Company ; and tlie franchise, property and power 
acquired under the authority of said states, respectively, 
shall be held and enjoyed by all the stockholders, in propor- 
tion to the number of sliares or amount of property held by 
them respectively, in either or both of said corporations. 
One or more SECTION 9. One or morc of the directors or other officers 

inhabitant of of Said uuitcd Corporations shall, at all times, be an inhabi- 
servlce of pro- ^^^^^ of tliis Commonwcalth, ou whom process against said 
cess. company may be legally served, and said company shall be 

held to answer in the jurisdiction where the service is made 
and the process returnable. 
Tokeepsepar- SECTION 10. Said compauy shall keep separate accounts 
expendltureshi of their expcnditurcs in Massachusetts and New Hampshire, 
Mass. and N.H. j-ggpectively, and two commissioners shall be appointed by 
the governor, who shall hold their offices for the terra of 
three years, and they shall be reasonably compensated by 
Commissioners said Company, and shall decide what portion of all expendi- 

to dpciflc wlifii" 1 w ' 1 1 

expenses and tures of Said compauy, and what portion of its receipts and 
tolifarts^of road profits, properly pertain to that part of the road lying in the 
in each state, ^^q statcs, respectively, and the annual report required to 

be made to the legislature of this Commonwcalth, shall be 

approved by said commissioners. 
Liability of SECTION 11. Said Company and the stockholders therein, 

stockholders in SO far as tlicir road is situated in Massachusetts, shall be sub- 
Mass. jgg|. ^Q ^11 ^jjg duties and liabilities created by the provisions 

of the laws of this Commonwealth, to the same extent as 

they would have been if the union of said companies had not 

taken place. 
xottotakeef- SECTION 12. The provisions contained in the four preced- 
lar law is passed lug scctlous, and all the provisions of this act which contem- 
inN. H. plate a union of said companies, shall not take effect luitil 

similar provisions shall have been authorized and adopted by 
Subject to ac- the authorities of the state of New Hampshire, nor until said 
selectmen. provisious shall have been accepted by the stockholders of 

said two corporations, respectively, at legal meetings called 

for that purpose. 

Section 13. This act shall take effect upon its passage. 
^ Approved March 27, 1869. 



1869.— Chapters 127, 128. 481 

An Act to authorize the fitchkurg and Worcester railroad Chap. 127 

COMPANY TO FORM A BETTER CONNECTION WITH THE VERMONT 
AND MASSACHUSETTS RAILROAD IN FITCHBURG, AND FOR THE 
CONSTRUCTION OF A UNION I^ASSENGER DEPOT IN FITCHBURG. 

Be it enacted, ^'c, as follows : 

Section 1. The Fitchburg^ and Worcester Railroad Com- ritchburg and 
pany are hereby authorized to use for freight and passenger road may use 
trains, at all times, without restrictions, excepting those bui-Vroadin " 
imposed by the general laws relating to railroads, the track coniuJ'ct witif*^ 
near the passenger depot of the Fitchbnrg Railroad Com- ^/''•'"O"^'^"^ 

y. ^ f= ,. 'tt, 11 ^ • J.1 i- Mass. Kailroad. 

pany in the town of Fitchburg, lormmg the connection 
between said Fitchburg and Worcester Railroad and the 
Vermont and Massachusetts Railroad ; and are authorized 
to construct, maintain and use, as above stated, another 
track not more than twenty feet distant from said first-named 
track, on the north-easterly side thereof, and to connect the 
same with the Vermont and Massachusetts Railroad at or 
near Water Street in said Fitchburg, crossing said street at 
grade: provided, however^ that said existing track shall not Proviso, 
be used without restriction, nor said new track constructed 
until the depot hereinafter mentioned shall have been con- 
structed. 

Section 2. If said Fitchburg Railroad Company and said V^r'd" ''oTto bo 
Fitchburg and Worcester Railroad Company shall not within buiit. 
six months from the passage of this act, hj mutual agree- 
ment, erect and maintain a union passenger depot over said 
existing track, and over the site of said proposed track, and 
over the tracks now laid down in the passenger depot of said 
Fitchburg Railroad Company, then, upon petition of either if roads^faut^o 
of said railroad companies and notice to the other, three be bum by com- 
commissioners shall be appointed by the supreme .judicial pJ'fi^eJJb'yir 
court, who, after due notice and hearing, shall determine *'• ^"• 
the size, style and quality of said union depot, the time of 
its construction, and the proportion of expense to be borne 
by each of said companies ; and said depot shall bo con- 
structed under the directions and according to the orders of 
said commissioners, or a majority thereof. 

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

Approved March 27, 1869. 

Ax Act concerning agricultural societies. Chap, 128 

Be it enacted, ^^c, as follows : 

Section two of chapter one hundred and eighty-nine of the Eepeai. 
acts of the year eighteen hundred and sixty-six, is hereby 
repealed. Approved March 27, 1869. 

12 



482 



1869.— Chapter 129. 



Chap. 129 

Corporators. 



Name and pur- 
pose. 



Powers and du- 
ties. 



Proviso. 



Real and per- 
sonal estate. 

Capital stock. 



Conditions of 
validity of act. 



Rates of toll. 
Proviso. 



Ax Act to incorporate the ocean telegraph company. 
Be it enacted, §'c., as follows : 

Section 1. George M. Dexter, Joshua Lovett, William R. 
Robeson, junior, their associates and successors, are hereby 
made a corporation by the name of the Ocean Telegraph 
Company, and are hereby authorized to lay and maintain a 
telegraph cable in and over the waters, shores and lands of 
this Commonwealth, from some point or points on the shore 
of the county of Plymouth to the open sea, and to connect 
the same with any foreign telegraph cable, and are also 
authorized to construct, maintain and use a line of telegraph 
from such point on said shore to any point within the limits 
of the said Commonwealth ; with all the powers and privi- 
leges, and subject to all the duties, liabilities and restrictions 
set forth in all general laws that now are or may hereafter 
be in force relating to telegraph companies: provided^ that 
said company shall establish and maintain within one mile 
of the shore landing of its cable, an office at wdiich it shall 
receive and promptly transmit, at a uniform price, over its 
cable, in the order in which they are received, all messages 
delivered at said office by any telegraph company now or 
hereafter to be established. 

Section 2. Said corporation may hold such real and 
personal estate as may be necessary for the purpose afore- 
said ; but the capital stock shall not exceed one hundred 
thousand dollars. 

Section 3. If within two years from the passage of this 
act twenty-five thousand dollars shall not have been sub- 
scribed and paid in, in cash, on said capital stock, and five 
miles of telegraph constructed, or if the franchise, charter 
or any portion of the telegraph line of the said corporation 
shall be sold or offered for sale to any existing telegraph 
company, or to any person or association of persons before 
the conditions of this section shall have been complied with, 
then this act shall be void. 

Section 4. The legislature may, from time to time, alter 
or reduce the rates of toll charged by said corporation : 
provided, said tolls shall not, without the consent of said 
corporation, be so reduced as to produce a clear net profit 
of less than ten per cent, a year on the capital actually paid 
in. 

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

Approved March 30, 1869. 



1869.— Chapter 130. 483 

An Act to incorporate the highland congregational society QJiap. 130 

. OF BOSTON. * * 

Be it enacted, ^x., as follows : 

Section 1. Moses Day, Stephen N. Stockwell, Laban S. corporators. 
Beecher, their associates and successors, are hereby made a 
corporation as a religious society, by the name of the High- Name. 
land Congregational Society ; with all the powers and privi- Powers and du- 
leges, and subject to all the duties, restrictions and liabilities 
set forth in all general laws of this Common wealtli, which 
now are or may hereafter be in force, relating to such corpo- 
rations. 

Section 2. Said corporation may hold real and personal fJifai^Jlta^ef' 
estate to the amount of one hundred thousand dollars, for 
parochial and religious purposes. 

Section 3. The Eliot City Mission Society, a corporation Eiiot city mis- 
duly established and organized, is hereby authorized and maysen'prop- 
empowered, upon such terms as said corporation may deem gog^ety.""^ 
expedient, to transfer and convey any and all of their real 
and personal estate and property to the corporation hereby 
created; and all the acts and proceedings of the said Eliot Acts and pro- 
City Mission Society, at a meeting thereof held on the first armecL^''"" 
day of March, and also by adjournment, on the second day 
of March, eighteen hundred and sixty-nine, are hereby legal- 
ized and confirmed ; and said last named society may, at any 
adjournment of said meeting, do and perform any and all 
acts which they could do and perform at any meeting legally 
called and held ; and said society may, at any adjournment 
of said meeting, or at any other meeting thereof called by 
their president and secretary, by publishing notice of the 
time and place of the same, in two or more newspapers pub- 
lished in Boston, at least seven days before said meeting, or 
at any meeting called in pursuance of any by-law of said 
society hereafter to be made, or otherwise duly called, 
authorize and'empower any person or persons to make the May authorize 
conveyance and transfer aforesaid, and do any other acts transfer of'' ''" 
necessary or proper to be done for the purpose of vesting the prop^^'ty- 
title to said property in the corporation hereby created ; and 
the corporation last named may, whenever they may deem it 
expedient, sell and convey said property, or any part thereof, 
and the proceeds of all such sales shall be applied to the 
purposes mentioned in section second of this act, but no 
purchaser shall be responsible for the application of the pur- 
chase money. 

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

Approved April 1, 1869. 



484 1869.— Chapters 131, 132, 133. 

Chap. 131 ■^'^ -^CT TO AUTHORIZE RAILROAD CORPORATIONS TO ISSUE REGIS- 

TERED BONDS. 

Be it enacted, Sj~c., as follows :■ 
May issue regis- SECTION 1. Railroad Corporations may issue registered 
coupoifbonds? bonds ill all cases where they are now authorized by law to 

issue coupon bonds. 
Upon request of SECTION 2. Railroad corporations are hereby authorized, 
ofcouponbo'ndl at the rcqucst of the owner or holder of any coupon bonds 
smbedbTdi-'*^ lawfully issucd by such corporations, to issue registered 
rectors and bouds iu cxchangc for and in lieu of such coupon bonds, 
upon such terms, and under such regulation as the directors 
of the company, with the consent and approval of the trus- 
tees to whom any mortgage or pledge shall have been 
executed, to secure the payment of the coupon bonds, shall 
prescribe ; and such registered bonds shall, with the excep- 
tion of the coupons, correspond in all respects with the 
coupon bonds, and shall be in conformity with all laws 
authorizing the issue of the coupon bonds, for which the 
same are exchanged. 
Exchange of SECTION 3. The exchange of coupon bonds for registered 

affertseeurity bouds uudcr the provisious of this act, shall not affect any 
for payment, mortgage or pledge given as security for the payment of such 
coupon bonds, and such mortgage or pledge shall remain in 
full force as security for such registered bonds. 
Not to apply to SECTION 4. This act sliall not apply to any bonds, the 
te°e"d by state, payment of which has been or shall be guaranteed by the 
Commonwealth. 

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

Approved April 1, 1S69. 

Chap. 132 An -A-CT relating TO THE CONVEYING OF CHILDREN TO AND FROM 

THE PUBLIC SCHOOLS. 

Be it enacted, cVc, as follows : 

Towns may SECTION 1. Any towu in this Commonwealth may raise 

raise money for i,.. ^i- i •■ .i 

conveyanceof by taxation or Otherwise, and appropriate money to be ex- 
Cm'^scho'oR pended by the school committee in their discretion, in pro- 
viding for the conveyance of pupils to and from the public 
schools. 

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

Approved April 1, 1869. 

Chap. 133 A.N Act to change the harbor line in Gloucester harbor. 

Be it enacted, Sfc, as follows : 

Harbor lines SECTION 1. Scctiou two of chapter ouc huudrcd and 

chMger''^" twenty-four of the acts of eighteen hundred and sixty-six, 

entitled " An Act to establish certain harbor lines in the 

harbor of Gloucester," is hereby amended by striking out 



1869.— Chapters 134, 135. 485 

the words beginning with " four hundred and twenty-five 
feet to a point three hundred and ninety feet distant from 
monument C," and ending with tlie words " three hundred, 
and forty-eight feet distant from monument C," and insert- • 

ing therefor the following words, viz. : " three hundred and 
twenty feet to a point four hundred and forty-fi^-e feet distant 
from monument C ; thence south-westerly in a straight line 
one hundred and eighty-five feet to a point four hundred and 
twenty-six feet distant from monument C ; thence running 
south-westerly and southerly on an arc of a circle of one 
hundred and thirty feet radius a distance of one hundred 
and twenty-six feet to a point four hundred and four feet 
distant from monument C ; thence south-easterly in a straight 
line one hundred and eighty-four feet to a point three hun- 
dred and forty-eight feet distant from monument C." 
Section 2. This act shall take efifect upon its passage. 

Approved April 1, 1869. 

An Act concerning the salem fire department. Chan. 134 

Be it enacted^ S,-c., as folloios: 

Section 1. Section three of chapter three hundred and Amendment of 
twenty-three, of the acts of the year eighteen hundred and ' 
sixty-seven, is hereby amended, by striking out the following 
words: "and the performance of other offices and duties 
now incumbent upon fi rewards ; " also the words, " or the 
special acts relating to the city of Salefn now in force." 

Section 2. Chapter fifty-eight of the acts of the year Eepeai of ms, 
eighteen hundred and forty-five is hereby repealed. ^®' 

Approved April 1, 1869. 



An Act to amend " an act to incorporate the charlestown 
infant school society." 



Chap.U':> 

Be it enacted, iVc, as follows: 

Section 1. The Charlestown Infant School Society, incor- Name changed, 
porated March twenty-eight, in the year eighteen hundred 
and thirty-four, shall be hereafter known and called by the 
name of The Infant School and Children's Home. 

Section 2. Said corporation, in addition to its existing May provide 
powers, may provide temporary homes for indigent, vagrant lfonfe°s'fo7desti- 
or destitute children in Charlestown and its vicinity, and tute children. 
may provide such other relief and instruction as said corpo- 
ration may deem advisable ; with all the powers and privi- Powers and du- 
leges, and subject to all the duties, liabilities and restrictions ^^^^' 
set forth in all general laws that now are or may herafter be 
in force in relation to such corporations. 



486 



1869.— Chapter 135. 



May receive 
chUdreii into 
their care and 
bind tliem out. 



May consent to 
adoption of 
cliildren. 



Such consent to 
have same legal 
effect as if given 
by parents. 



May establish 
rules and by- 
laws for man- 
agement of in- 
stitution.. 



Real and per- 
Bonal estate. 



S. J. C. may 
order child to 
be restored to 
parent. 



Section 3. Said corporation, by its directors or managers, 
at their discretion, may receive into their care such children 
as aforesaid, and accept a surrender, in writing, by the father, 
or wliere tlicre is no father having his legal domicil within 
the Commonwealth, by the mother, or where there is no 
father or mother having such domicil, by the guardian, of 
any child or children, to the care and direction of said cor- 
poration ; and also receive into its cliarge any child or chil- 
dren being destitute of parents having such domicil, or of a 
legal guardian in the Commonwealth, or being deserted by 
their parents or guardian in such manner as to have no 
regular home provided by them under the custody and care 
of such parents or guardian ; and to bind out in suitable 
families, until the age of twenty-one years, any boy or boys, 
and until the age of eighteen years, any girl or girls, thus 
surrendered, destitute or deserted, and taken and received 
under its charge. 

Section 4. The directors or managers shall have authority 
to consent to the adoption of any child which shall have been 
surrendered to the corporation as aforesaid, or of any child 
indigent, destitute or deserted as aforesaid, taken under the 
charge of said corporation, not having any parent or guardian 
having a legal domicil in said Commonwealth, or either of 
whose parents is insane or imprisoned in the state prison or 
house of correction, under a sentence for a term of not less 
than three years, or who has wilfully neglected to provide 
proper care and maintenance for such child for six months 
preceding the time of filing the petition for adoption ; and 
such consent, in writing, shall have the same legal effect as 
the written consent of the parents of such child, if living 
and so consenting, and the decree of adoption of the court 
shall have full effect. All proceedings for such adoption shall 
be had conformably to chapter one hundred and ten of the 
General Statutes, and all laws in addition thereto, so far as 
applicable. 

Section 5. The directors or managers may establish any 
rules and by-laws for their action, by committees or other- 
wise, for the management of the concerns of the institution, 
and for the regulation and performance of their duties, not 
repugnant to the laws of the Commonwealth. 

Section 6. Said corporation may hold, by gift, grant, 
bequest, devise or otherwise, any real and personal estate to 
an amount not exceeding fifty thousand dollars. 

Section 7. The supreme judicial court shall have author- 
ity, in its discretion and upon such terms as it shall deem 
expedient, to order that any clrild taken or bound out by said 



1869.— Chapters 136, 137, 138, 139. 487 

corporation, or adopted with its consent under the provisions 
of tliis act, shSU be restored to its parent, parents or guardian ; 
and nothing in this act shall be construed to take away or 
abridge the power now vested in said court to make decrees 
concerning the care, custody, education and maintenance of 
minor children. 

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

Approved April 1, 1869. 

An Act to authorize the boston children's friend society ChciV. 136 

TO hold additional real and personal estate. 
Be it enacted, ^'c, as follows : 

Section 1. The Boston Children's Friend Society is hereby $5o,ooo addi- 

,.1111 11 liii i-i. tioiial real and 

authorized to hold real and personal estate to an amount not personal estate. 
exceeding fifty thousand dollars, in addition to the amount 
authorized by chapter sixty-six of the acts of the year eighteen 
hundred and thirty-four. 

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

Approved April 1, 1869. 

An Act to revive an act concerning the first metiiodist Chap. 137 
EnscoPAL church of north, andover. 

Be it enacted, .^c, as follows : 

Section 1. Chapter one hundred and two of the acts of c|','^'J|er re- 
the year eighteen hundred and sixty-eight is hereby revived 
and in full force. 

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

Approved April 1, 1869. 

An Act concerning the ware river railroad. CArtW. 138 

Be it enacted, §-c., as follows : 

Section 1. Chapter seventy-six of the acts of the year charter revived 
eighteen hundred and sixty-seven, entitled " An Act to cation™and°con- 
incorporate the Ware River Railroad Company," is hereby temiwi!" *'''" 
revived and continued in force, and the time for the location 
of said Ware River Railroad and the construction of the first 
section thereof, is hereby extended to the first day of July, 
in the year eigliteen hundred and seventy-four. 

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

Approved April 1, 1869. 

An Act to authorize franklin king and joseph w. colburn Chap. 139 
to extend their avharf in chilmakk. 

Be it enacted, f^'c, as follotos : 

Section 1. License is hereby given to Franklin King and ^JfJ^rf'^^chii- 
Joseph W. Colburn to extend their wharf in Cliilmark, on mark. 
the north side of the island of Martha's Vineyard, two 



488 



1869.— Chapters 140, 141. 



Maiden may 
vote money to 
the widow of 
David S. Faulk- 
ner. 



Subject to ajf- hundred and fifty feet into tide-water: provided, that all 
bor commis- things done under this act sliall be subject to the determina- 
tion and approval of the harbor commissioners, as provided 
in section four of chapter one hundred and forty-nine of the 
Provisos. acts of tlic year eigliteen hundred and sixty-six ; and pro- 

vided, tliat tliis license sliall in no wise impair tlie 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 struc- 
tures may have been actually and in good faith built under 
the same. 

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

Approved April 1, 1869. 

ChciV 140 ■^^ ^^^ ^^ AUTHORIZE THE TOWN OF MALDEN TO PAY A SUM OF 
■* ' MONEY TO THE WIDOW OF DAVID S. FAULKNKR. 

Be it enacted^ Sjx., as follows : 

Section 1. The town of Maiden is liereby authorized, by 
a vote of the majority of the legal voters present and voting 
at any town meeting duly held for that purpose within one 
year from the passage of this act, to pay to the widow of 
David S. Faulkner, who was killed in that town wliile in the 
discharge of his duty as a police officer, a sum not exceeding 
one thousand dollars. 

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

Approved April 1, 1869. 

An Act concerning tp:legrapii companies. 
Be it enacted, §'c., as follows: 

Section 1. Whenever it shall be necessary to cut or other- 
wise disconnect the wires of any telegraph company, or to 
remove them from the poles or fixtures to which they arc 
attached, in order to move a building across the same, or for 
any purpose, any person desiring so to cut, disconnect or 
remove such wires, shall have the right to do so, exercising 
reasonable care therein : provided, that before doing so, he 
shall make a statement in writing, by him signed, of the time 
when, and the particular place where, by reference to the 
crossings of the streets or highways, he wishes to cut, discon- 
nect or remove such wires as aforesaid, and leave the same 
at the office of such company, if any there is, in the town 
where such place is situated, twenty-four hours before the 
time so stated ; and if such company has no office in tlie 
same town, then he shall send such statement by mail to the 
office of such company nearest to the place named therein, 
by putting it into the post-office, properly directed and pre- 
paid, three days before the time stated therein. 



Chap. 141 



Telegrapli 
wires may be 
cut to remove 
buildiuffs. 



Proviso. 



1869.— Chapter 142. 489 

Section 2. Whoever shall wilfully. cut, disconnect, remove Penalty for cut- 

.1 ' • I , ,1 i?ii !• "il ting wires with- 

er otlierwise interrupt the use oi any telegrapli wires, with- out giving no- 
out first giving notice as provided in the first section of this ^''^^• 
act, shall be punished as provided in section fifteen of the 
sixty-fourth chapter of the General Statutes. 

Section 3. This act shall not apply to any wires attached J^^fJ'Jl^^fJ^^i 
to telegraph poles which have not been erected in compliance undero. s. 04, 
with the provisions of section three, chapter sixty-four of the ^^' 
General Statutes. Approved April 3, 1869. 

An Act concerning the toll-bridgks over bass river in the QJiQn^ 142 

COUNTY OF BARNSTABLE. ^ 

Be it enacted, ^r., as follows : 

Section 1. The bridges, draw, abutments and ways Bridges in Yar- 
belonging to the proprietors of Bass River Lower Bridge, nis"aid'^out a^s"" 
and to the proprietors of Bass River Upper Bridge, lying ^"ays^'bjaward 
and being in the towns of Yarmouth and Dennis, in the oicommis- 
county of Barnstable, are hereby laid out as and shall 
become public highways upon the acceptance of the award 
of the commissioners hereinafter named in the supreme 
judicial court, and judgment thereon. 

Section 2. Upon the same becoming highways as afore- After becoming 
said, so much of said bridges, draw, abutments and ways as sufpor'ted by 
lies within the towns of Yarmouth and Dennis respectively, Dennis"**' '^'^'^ 
shall be maintained by said towns respectively ; and said 
towns shall collect and receive such sum, if any, as shall 
have been determined by said commissioners, to be paid by 
the county of Barnstable, or by any town in said county, 
towards the expense of maintaining the same. 

Section 3. The supreme judicial court, or any justice s.j. c. toap- 
thereof, upon application of either of the corporations now lionlrs^^o' 
owning said bridges, or of any ten legal voters of the county damlgft^oTe"^ 
of Barnstable, shall appoint a board of three commissioners, paid to proprie- 
who shall be sworn to the faithful discharge of their duties °^^ ° " ^*^*' 
under this act, and who shall proceed, after due notice to all 
parties interested, and full hearing, to determine and award 
the amounts to be paid to said proprietors of Bass River Lower 
Bridge, and to said proprietors of Bass River Upper Bridge, 
as damages for the laying out of said bridges, draw, abut- 
ments and ways, and shall determine what proportion of said 
amounts shall be paid by the county of Barnstable, and by 
the respective towns in said county, according as they shall 
be benefited by the provisions of the first section of this act. 
Said commissioners shall also determine and decree what fi^aTi'deterS 
towns in said county of Barnstable, if any, are particularly amounts to be 
benefited by the provisions of said first section, and in what county^and 

13 



490 



1869.— Chapter 142. 



towns for dam- 
ages and for 
maintenance of 
bridges. 



Award to be 
binding wlien 
accepted by 
court. 



Proviso. 



Compensation 
of commission- 
ers. 



Damages for 
defect in higli- 



way. 



proportions and manner said towns, or the county of Barn- 
stable, sball contribute to defray the expenses of the main- 
tenance and repairs of said bridges, draw, abutments and 
ways, and all other expenses incurred under the provisions 
of this act not otherwise provided for herein. The deter- 
mination, award and report of said commissioners, or the 
major part of them, shall be made to the supreme judicial 
court, and also to each of said bridge companies, to the 
the county of Barnstable, and to such towns as the said 
commissioners shall determine are benefited thereby, and 
upon being accepted by said court sliall be final and binding 
upon all the parties interested therein : provided, however, 
that the said corporations owning said bridges, draw, abut- 
ments and ways shall have the right to have their damages 
assessed by a jury in the same manner as is provided by law 
in the laying out of highways, except that the right shall be 
claimed in the supreme judicial court, and the recognizance 
for costs shall be taken in said court, and the warrant for the 
jury shall issue from said court, and the report and verdict 
shall be returned therein. And said right of appeal to a 
jury shall be claimed within thirty days from the return of 
said award and report of said commissioners ; and all matters 
and things provided in this act to be done by or in the supreme 
judicial court, except the final decree in the premises, may 
be done by any justice of said court or his order, as well in 
vacation as in term time. The compensation and expenses 
of said commissioners shall be paid in such manner as the 
commissioners shall determine, subject to the approval of the 
supreme judicial court or some justice thereof. 

Section 4. The towns of Yarmouth and Dennis shall 
respectively be liable for damages ai'ising from defects in so 
much of said bridges, draw, abutments and ways, and the 
approaches thereto, as lie within each of said towns, in like 
manner as in case of defects in highways. And the damages 
and costs which may be recovered or paid on account of such 
defects, shall be borne by such towns, or by the county of 
Barnstable, in the same manner and in the same proportions 
as they shall severally be required to contribute for the 
repairs and maintenance thereof. And the same, and the 
contribution provided for in section two of this act, may be 
collected in an action of contract as for money paid and 
expended. Approved April 3, 1869. 



1869.— Chapters 143, 144, 145, 146. 491 



Y-FIVE, OF (;/^^^^ 143 
TY-TIIUEE, '■ 



Ax Act to amend chapter three hundred and sixt 

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND FIFTY 
RELATING TO THE HARBOR OF GLOUCESTER. 

Be it enacted, Sfc, as foUotos : 

Chapter three hundred and sixty-five of the acts of the Amendment to 
year eighteen hundred and fifty-three, entitled "An Act isax *^' 
relating to the Harbor of Gloucester," is hereby amended 
by striking out the words " months of August, September, 
October and November of each and every " in the second 
section, the words " during the months of August, Septem- 
ber, October and November" in tlie third section, and the 
whole of the fourth section of said chapter, so that the pro- 
visions of said chapter shall apply to the entire year. 

Approved April 3, 1869. 

An Act to authorize the town of west bridgewater to appro- Qfi^p^ 144 

PRIATE MONEY FOR PUBLIC LECTURES. -* 

Be it rnacted, ^'c, as follows : 

Section 1. Tlie town of West Bridgewater may, at a May grant 
legal meeting, annually grant and vote money to an amount "yforpubiir^" 
not exceeding one hundred and fifty dollars, for the purpose lectures. 
of maintaining public scientific lectnres in said town. 

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

Approved April 3, 1869. 

An Act in addition to an act to incorporate the seamen's QJian. 145 

widow and orphan association of SALEM. ^ ' 

Be it enacted, §'c., as follows : 

Section 1. The Seamen's Widow and Orphan Association, $20,000 acidi- 
in the city of Salem, is hereby authorized to hold real and per"ona'i''prop'^ 
personal property, in addition to what is now authorized by «="y- 
law, to an amount not exceeding twenty thousand dollars, for 
the purposes specified in their act of incorporation. 

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

Approved April 3, 1869. 

An Act to authorize the mercantile library association of Qfidn^ 146 
boston to hold additional real and personal estate. ^' 

Be it enacted, Sj'c, as follows : 

Section 1. The Mercantile Library Association of Boston Additional real 
is hereby authorized to hold real and personal estate, for the property?""*' 
purposes set forth in chapter one hundred and fifty-one of 
the acts of the yejir eighteen hundred and forty-five, to an 
amount not exceeding the sum of two hundred thousand 
dollars, and the legal title thereto shall be vested in five 
trustees, who shall be appointed and controlled as provided 
in section two of said chapter. 

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

Approved April 3, 1869. 



492 1869.— Chapters 147, 148, 149. 

Chap. 147 An Act to incorporate the Worcester printing company. 

Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. E. Everett Burdoii, Charles B. Thomas and 

Charles E. Chamberlin, their associates and successors, are 

Name and pur- hereby made a corporation by the name of the Worcester 
Printing Company, for the purpose of printing and publish- 

Powers and du- ing ncwspapcrs in the city of Worcester ; 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. 

capi*«ijtock ■ Section 2. The amount of the capital stock of said cor- 
poration shall not exceed fifty thousand dollars, and shall be 
divided into shares of one hundred dollars each ; and said 
corporation may hold real estate, for the purposes herein set 
forth, to the amount of thirty thousand dollars. 

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

Approved April 3, 1869. 

Chop. 148 -^^ -^'^'^ "^O INCORPORATE THE CROCKER INSTITUTION FOR SAVINGS. 

Be it enacted, Sjx., as follows : 

Corporators. SECTION 1. Alvah Crockcr, Sanford Goddard, Wendell T. 

Davis, their associates and successors, are hereby made a 
Name. corporatiou by the name of the Crocker Institution for 

Savings, to be located in that part of the town of Montague 
Powers and du- called Turner's Falls; 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 April 3, 1869. 

Chap. 149 -^N Act CONCERNING STATE BANKS WHICH HAVE CLOSED THEIR 
■^' BUSINESS. 

Be it enacted, ^'c, as follows : 
Banks haying SECTION 1. Any bank heretofore existing in this Common- 
may*^ wWiXaw' wealth, and organized under the general laws thereof, which 
au°ditOTup'?n lias closed its business, shall be entitled to withdraw from 
Riving security ^hc custody of the auditor the public stocks deposited for 

lor redemption .•'„..,. / ^ . , .^ . , 

of notes. the security 01 its circulating notes, upon lurnisinng to said 

auditor satisfactory security for the redemption of all out- 
standing notes issued by said bank. 

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

Approved April 10,. 1SG9. 



1869.— Chapters 150, 151, 152. 493 

An Act to prevent the sale or exchange of adulterated QJiffj) 150 

MILK. ^' 

Be it enacted, cS'c, as follows: 

Section 1. Whoever sells or exchanges, or has in his Penalty for seii- 
possession with intent to sell or exchange, or offers for sale tefatedmuk. 
or exchange, adulterated milk, or milk to which water or 
any foreign substance has been added, shall, for each offence, 
be punished by a fine of not less than twenty nor more than 
one hundred dollars. 

Section 2. Whoever adulterates by water or otherwise, Miik for mak- 
milk to be delivered for manufacture into butter or cheese, chlise"*''^ '^"'^ 
shall be liable to the penalties provided in the preceding 
section. 

Section 3. It shall be the duty of every inspector of milk inspector to 
to institute complaint, on the information of any person who plaint" ^ 
shall lay before him satisfactory evidence on which to sustain 
the same. 

Section 4. Chapter one hundred and ninety-four of the Repeal. 
acts of the year eighteen hundred and sixty-five, and chapter 
two hundred and sixtj^-three of the acts of the year eighteen 
hundred and sixty-eight, and all other acts and parts of acts 
inconsistent herewith, are hereby repealed ; but such repeal 
shall not affect any prosecution now pending. 

Section 5, Each inspector of milk in this Commonwealth inspector to 
is hereby required to cause the provisions of this act to be lievvspapen ^"^ 
published in his town, at least three times, by publication in 
some newspaper printed in said town, or some newspaper in 
the county in which the town is situated. 

Approved Apt)f,l 10, 1869. 

An Act concerning the challenging of jurors. Chan 151 

• Be it enacted, cVc, as fallows : 

In all criminal causes, in addition to the challenges now commonwealth 
provided for, when the offence charged is a capital offence, "iJrors'lferenfp- 
or may be punished by imprisonment for life, the Common- of'cmii'inai'^^ 
wealth shall be entitled, before the trial commences, to chal- causes. 
lenge peremptorily five of the jurors from the panel called 
to try the cause. On a trial for any other offence the Com- 
monwealth shall be entitled, in like manner, to challenge 
peremptorily two of the jurors from the panel called to try 
the cause. Approved April 10, 1869. 

An Act to provide for the storage, sale and inspection of 

petroleum and its products. 
Be it enacted, ^"c, as follows : 

Section 1. The mayor and aldermen of every city, and ^"tPf,e*,°^%°*"v, 
the selectmen of every town of more than fifteen hundred appointed. 



Chap. 152 



494 



1869.--CHAPTER 152. 



Compensation. 



Penalty on in- 
spector for 
fraud or negli- 
gence. 



Slixture of 
naphtlia and 
illuminating 
oils regulated. 



Penalty for vio- 
lation. 



Liability in case 
of explosion, 
&c. 



Oil unlawfully 
sold to be for- 
feited. 



Oils tinsafe for 
illuminating 
])urposes to be 
so branded. 



Penalty for 
selling naphtha 
under assumed 



Crude petro- 
leum and its 
products, how 
to be stored, &c. 



inhabitants, and of every town of less than fifteen hundred 
inhabitants upon the written application of five or more 
citizens of such town therefor, shall appoint, annually, one 
or more suitable persons, not interested in the sale of crude 
petroleum, or in the sale or manufacture of petroleum, earth 
rock oil, or in any of their products, to be inspector or inspec- 
tors thereof in said city or town, and fix their compensation, 
to be paid by persons requiring their services under the pro- 
visions of this statute, and who before entering upon the 
duties of their office shall be duly sworn. Any inspector 
guilty of fraud, deceit, or culpable negligence in the perform- 
ance of his duties, shall be punished by fine not exceeding 
one hundred dollars, or imprisonment in the county jail or 
house of correction not exceeding one month, or by both, in 
the discretion of the court. 

Section 2. No person shall mix for sale, naphtha and 
illuminating oils, or shall sell or offer for sale such mixture, 
or shall sell or oifer for sale, except for purposes of re-manu- 
facture, illuminating oils made from coal or petroleum, which 
will evaporate a gas under one hundred degrees Fahrenheit, 
or ignite at a temperature of less than one hundred and ten 
degrees Fahrenheit, to be ascertained by the application of 
Tagliabue's or some other approved instrument, and any 
person so doing shall for each offence be punished by fine or 
imprisonment, as provided in the first section hereof; and 
shall also be liable therefor, to any person suffering damage 
from the explosion or ignition of such oil thus unlawfully 
sold or kept, or offered for sale ; and such oil thus unlawfully 
sold or keprfi, or offered for sale, and the casks or packages 
containing the same, shall be forfeited and sold, one-half of 
the proceeds of such sale to go to the Commonwealth and the 
other half to the informer. 

Section 3. For all the purposes of this act, all illuminat- 
ing oils made from coal or petroleum having an igniting 
point of less than one hundred and ten degrees Fahrenheit, 
to be determined in the manner provided in the second sec- 
tion of this act, shall be deemed to be mixed with naphtha, 
and shall be branded unsafe for illuminating purposes. 

Section 4. Any person who shall sell, or keep, or offer for 
sale, naphtha under any assumed name, shall for each offence, 
upon conviction thereof, be liable to the same penalties pro- 
vided, and shall be sultject to the same liabilities set forth in 
the first two sections of this act. 

Section 5. Crude petroleum, or any of its products, may 
be stored, kept, manufactured or refined in detached and 
properly ventilated buildings specially adapted to the pur- 



1869.— Chapter 152. 495 

pose, and surrounded by an embankment constructed so as 
to etrectually prevent the overflow of said petroleum or any 
of its products beyond the premises on which the same may 
be kept, manufactured or refined : said buildings to be occu- 
pied in no part as a dwelling ; and if less than fifty feet from 
any other building, must be separated therefrom by a stone 
or brick wall at least ten feet high and twelve inches thick ; 
and any person keeping such articles in any other kind o^ 1^^!);^'^ ^°'" ^'°" 
building, except as is hereinafter provided in the sixth section 
hereof, shall be punished by fine or imprisonment, in the 
manner provided in the first two sections hereof. 

Section 6. No person shall manufacture, refine, mix, Not to be man- 
store, or keep for sale, any oil or fluid composed wholly or e\'i!&c.7witho''ut 
in part of any of the products of petroleum, in any city or |j,*i^,"|cip*Iuu- 
town, except as provided in the fifth section of this aqt, with- thorities. 
out a license first having been obtained from the mayor and 
aldermen of said city or the selectmen of said town, and in License to ex- 
said license there shall be expressed the manner, and the amUo"amy^n 
portion of any locality or building in which said articles mayL'stOTed!^ 
may be mixed, stored or kept; and whoever mixes, stores or Penalty for 
keeps said articles in any one locality, except as aforesaid, withoutitfense, 
without having first obtained a license as herein required, or ^''• 
having obtained such license, mixes, stores or keeps said 
articles in a different manner, or in any other portion of said 
locality or building than is expressed in said license, shall 
forfeit and pay a sum not exceeding five hundred dollars, to 
be recovered in any appropriate form of action, to be insti- 
tuted in the name of the mayor of said city, or of the select- 
men of said town; and the license granted in accordance License to ex- 
with the provisions of this act shall continue to ])e in force on'm^s" of April, 



from the time of granting the same until the first day of a" aiuLnTs 
April nest succeeding, unless sooner revoked ; and said 
license shall be revokable at all times by the authorities 
granting the same. 

Section 7. Upon complaint made to the justice of any search warrant 
municipal or police court, or to a justice of the peace, by "jfo,, cVmplaint 
the mayor or by an alderman of any city, or by a selectman of selectmen, 
of any town, or by an inspector appointed under the pro- 
visions of this act, or any engineer of a fire department, fire- 
ward, chief of police or city marshal, that he has probable 
cause to suspect, and does suspect, that any of the articles 
enumerated in this act are offered for sale, or are deposited 
and kept within the limits of said city or town, contrary to 
the provisions of this act, said justice or court may issue a 
warrant directed to any such inspector, engineer or fireward, f/j.^g'^°'" *" '''' 
or to any sheriff, deputy-sheriff, constable or police officer, 



496 



1869.— Chapter 152. 



Oils not to re- 
main in street, 
&c., more than 
24 hours, nor in 
town more than 
48 hours, with- 
out special per- 
mit, under pen- 
alty. 



Cities and 
towns may 
make regula- 
tions and affix 
jjenalties. 



Eepeal. 



Oils kept for 
sale to be ap- 
proved by an 
authorized in- 
spector. 



Penalty. 



When to take 
effect. 



ordering him to enter any shop, warehouse, manufactory, or 
any other building specified in the warrant, to make diligent 
search for such article or articles suspected to be so offered 
for sale, deposited or kept, and to make return of his doings 
to said justice or court forthwith. 

Section 8. None of the articles enumerated in tliis act 
shall be allowed to remain in any street, lane, alley or 
travelled way, or upon any wharf, or in any yard, or on the 
grounds of any railroad corporation in any city for a longer 
time than twenty-four hours, and in any town for a longer 
time than forty-eight hours, without a special permit from 
the mayor and aldermen of said city, or the selectmen of 
said town, or from some person by them duly authorized ; 
and any and all persons so keeping such articles for a longer 
time, shall be punished by a fine of not more than fifty dollars 
for each and every such offence. 

Section 9. The city council of any city, and the inhabi- 
tants of any town, may adopt such ordinances, by-laws and 
regulations, not inconsistent with the provisions of this act, 
as they may deem reasonable in relation to the manufacture, 
mixing, storing, keeping or selling within the corporate limits 
of said city or town, any of tlie articles herein enumerated, 
and may affix penalties for breaches thereof not exceeding 
fifty dollars for each offence, reasonable notice of which shall 
be given to all concerned. 

Section 10. Cbapter two hundred and eighty-five of the 
acts of the year eighteen hundred and sixty-six, and chapter 
two hundred and eighty-six of the acts of the year eighteen 
hundred and sixty-seven, so far as they are inconsistent wuth 
the provisions of this act, are hereby repealed. 

Section 11. No person shall sell, or keep for sale, or in 
storage, any crude or refined petroleum, naphtha, kerosene, 
earth-rock, machinery or illuminating oil, in any city or 
town, without having the same inspected and approved by 
an authorized inspector. And any person violating the pro- 
visions of this section shall be fined and imprisoned in the 
manner provided in the first section of this act in relation to 
inspectors. 

Section 12. The first and tenth sections of this act shall 
take effect upon its passage, and the remaining sections 
thereof sixty days after its passage. 

Approved April 10, 1869. 



18G9.— Chapters 153, 154, 155. 497 

An Act to amend "an act to knable the city of boston to QJiQn^ \5^ 

ABATE A NUISANCE EXISTING THEREIN, AND FOR THE PRESEKVA- ^ * 

TION OF THE PUBLIC HEALTH IN SAID CITY." 

Be it enacted, iVc, as follows : 

Section 1. Section two of chapter three hundred and chap. ms, §2. 

., „, , n 1 -iiii -I • 1867, amended, 

eight 01 the acts 01 the year eighteen luindred and sixty- 
seven is herehy amended, so that the time within which a 
bill in equity may be filed under the provisions of said 
section, is extended to the ninth day of November, in the 
year eighteen hundred and sixty-nine. 

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

Approved April 10, 1869. 

An Act concerning sidewalks in the city of salem. CJlClp. 154 

Be it enacted, ^'c, as follows: 

Section 1. The mayor and aldermen of the city of Salem city may con- 
are hereby authorized to construct sidewalks, and to com- wliksand 
plete any partially constructed sidewalk, with edge stones, i^poTabutte'!-!^ 
in any street of said city, and to cover the same with brick, afterwards to ' 
flat stones, concrete or other appropriate material; and the by city. 
expense of such edge stones and covering material shall be 
assessed upon the abutters in just proportions, 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 
collected ; and such sidewalks, when constructed, shall there- 
after be maintained at the expense of said city. 

Section 2. This act shall take effect whenever the city when to take 
council of said city shall, by a two-thirds vote of each branch ^ ^^^' 
thereof, accept the same. Approved April 10, 1869. 

An Act to authorize the purchase of the property of the QJujif ^55 
east boston ferry company, and to repeal the act to -* * 

incorporate the maverick bridge company, and for other 
purposes. 

Be it enacted, cVc, as follows : 

Section 1. The city council of the city of Boston, for the city of Boston 
purpose of improving private property, and of protecting the franch'iJe'a^nd 
same and the travel and business between the mainland in 'K^TBoston 
said city and East Boston from the disabilities and burdens Ferry com- 
of the ferry communications heretofore existing between said 
parts of the city, and of furnishing additional facilities to 
said travel and business, are hereby authorized to purchase 
the boats and so much of the other property, including the 
franchise, of the East Boston Ferry Company as they shall 
think expedient, at such price as may be agreed upon 
between them and the said ferry company, with the approval 
of the mayor of said city, and to ordain and establish tho 

14 



498 



1869.— Chapter 155. 



May establisl: 
rates of ferri- 
age. 



May maintaiu 
ferry free of 
tolls. 



Aldermen to 
determine what 
portion of cost 
shall be borne 
by owners of 
real estate in 
East Boston. 



Parties aggriev- 
ed may apply 
for jury. 



Proceedings as 
in case of laying 
out highways. 



Provisos. 



present or such other lines of ferry travel as they may see 
fit between the said parts of said city, and to cause the said 
ferry to be maintained tliereon in such manner and upon 
such rates of ferriaoje as the board of aldermen of said city 
shall from time to time judge the best interests of the said 
city to require, excepting only as hereinafter provided. 

Section 2. Upon the completion of said purchase, the 
said city council shall consider and determine whether the 
interests of said city will be best promoted by maintaining 
said ferry thereafter free of tolls, and in case they shall 
decide the same in the affirmative, then tl\e said city shall 
maintain and operate, or cause to be maintained and oper- 
ated, the said ferry thereafter free of all tolls, and with 
facilities for travel not less than those now furnished by said 
company, or those which now are or hereafter may be by law 
required. 

And in such case the said board of aldermen shall adjudge 
and determine wbether the territory of that part of the said 
city called East Boston and Breed's Island, or any and what 
part thereof will receive any benefit and advantage therefrom 
beyond that general advantage which will be received there- 
from by other portions of said city, and what portion of the 
cost of such purchase shall be borne by the city, and what 
portion by the owners of real estate in said East Boston and 
Breed's Island, or the portion thereof so adjudged to be 
benefited, by reason of said benefit. A notice of such deter- 
mination shall be published for two weeks successively in 
some one newspaper published in said city. 

Section 3. Any person aggrieved by the determination 
of said board, either as to the benefit received or as to the 
division of the expense between the city and the owners of 
real estate as aforesaid, may at any time within two months 
after the first publication of the notice aforesaid, apply for a 
jury. Such application shall be made in like manner, and 
the proceedings thereon shall be the same as in the case of 
laying out and discontinuing highways in the said city : 
provided^ that before making his ap[>lication the party shall 
give one month's notice in writing to said board of aldermen 
of bis intention so to apply, and shall therein particularly 
specify his objections to the determination of said board as 
to the benefit received, and the proposed division of expense, 
to which specification he shall be confined upon the hearing 
before the jury ; and provided, also, that if the superior 
court within and for the county of Suffolk shall not be in 
session at any term thereof at the time of such application, 
the filing of his petition in the office of the clerk of said 



1869.— Chapter 155. 499 

court shall be .deemed an application for the purposes of tliis 
act. If, upon the hearing, the objections to said determina- 
tion arc not sustained, the charges arising on such applica- 
tion shall be paid by the applicant or person recognizing 
therefor, otherwise they shall be paid by the city, and the 
board of aldermen may, if necessary, determine anew the 
benefit and division of expense aforesaid, or either of them, 
and may make such abatements as they may judge expedient. 
Any person who neglects to make application for a jury as if jury is not 
herein provided, shall be concluded in all respects under this rerminati^TA of" 
act by said determination of said board of aldermen, and ^a^™*^^ *° "^"^ 
shall not be entitled by any process, either at law or in 
equity, to prevent the said assessment or to recover the 
amount of any assessment collected of him. 

Section 4. After two months from the final determination Decision of ai- 
of said board of aldermen as to the division of the expense clJtTtteluo'^a's- 
of such purchase and the territory benefited thereby as afore- a^seslmemsto 
said, the said board of aldermen shall cause to be certified be made upon 
to the assessors of said city the portion of the cost of said ea. 
purchase which is to be borne by the owners of real estate 
within said territory to be benefited, which shall be by said 
assessors equitably and ratably assessed upon the said owners 
of real estate in said district adjudged to be benefited, aiKl shall 
constitute a lien upon said real estate, and shall be collected 
and enforced with like charges for costs and interest, and in 
the same manner and with the same powers in all respects 
as are provided by law for the collection of taxes on real 
estate : provided, that the said board may, if they shall judge rroriso. 
the public interest to reqiiire "it, apportion the said amount 
to be assessed as aforesaid into not exceeding five equal 
parts, which apportionment shall be also certified to the 
said assessors, who shall add one of said equal parts yearly 
to the annual tax of said estates adjudged to be benefited as 
aforesaid, but pursuant to the original assessment made as 
aforesaid. 

Section 5. If the said city council, upon the completion city may oper- 
of said purchase, shall adiudge and determine that instead morrboyrand 
of maintaining said ferry free of all tolls, it is for the best ^^ferriage"'*^''' 
interests of said' city that the said ferry shall be thereafter 
operated with more boats and greater facilities for travel and 
business than are now furnished by said company, and at 
one cent ferriage for a foot-passenger, instead of two cents as 
heretofore charged, and with the other rates of ferriage 
thereon so reduced that the receipts of said ferry annually 
shall not exceed the cost of operating tlie same, instead of 
paying, as provided by the charter of said company, at least 



500 



1869.— Chapter 155. 



City may main- 
taiu ferry for 
ten years free 
of tolls, and 
subsequently 
apportion one- 
half of cost of 
purchase upon 
estates benefit- 
ed. 



May collect tolls 
for all vehicles 
passing; to or 
from places be- 
yond limits of 
city. 



Eepeal. 



eight per cent, annual dividends, then and in such case the 
said city sliall thereafter maintain and operate, or cause to 
be maintained and operated, the said ferry, with such greater 
accommodations and at such reduced rates of ferriage as 
aforesaid, or with such other and still greater accommoda- 
tions and at such more reduced rates of ferriage as the said 
board of aldermen may from time to time judge expedient 
for tlie purposes mentioned in the first section of this act. 
And the said board of aldermen, having first adjudged and 
determined the territory, if any, that shall be thereby 
specially benefited as aforesaid, may also adjudge and appor- 
tion, not exceeding one-half part of the cost of such pur- 
chase, to be assessed upon the said estates adjudged to be 
benefited as aforesaid, in the same manner, and with the 
same powers and liabilities in all respects as are herein before 
provided respecting such assessment. 

ISection 6. If the said city council, instead of adjudging 
to maintain said ferry free of all tolls, as provided in section 
two of this act, shall adjudge and determine that it is for 
the best interests of said city that the said ferry shall be 
maintained free of tolls for a term of not less than ten years 
next succeeding said purchase, and thereafter upon such 
rates of ferriage as may then be adjudged by said city, then 
and in such case the said city shall maintain and operate, or 
cause to be maintained and operated, the said ferry, for and 
during a term of not less than ten years next succeeding 
said purcliase, free of all tolls, but in all other respects as 
provided by section five of this act, and may thereupon 
apportion, not exceeding one-half part of the cost of such 
purchase, upon the said estates benefited, with the same 
powers and under the same limitations as herein before pro- 
vided respecting such assessment. 

Section 7. Tiie said board of aldermen shall have power 
at all times, notwithstanding any of the provisions of this 
act, or anything done by said city in pursuance thereof, to 
levy and collect such rates of ferriage as they shall judge 
expedient, for and upon all teams and vehicles passing over 
said ferry to or from any place beyond the limits of said 
city. 

Section 8. Chapter three hundred and fifty-two of the 
acts of eighteen hundred and sixty-eight, is hereby repealed. 

Section 9. This act shall take effect upon its passage. 

Approved April 10, 1869. 



1869.— Chapters 156, 157. 501 

An Act to authorize anthony v. decosta to construct a Chap. 156 

CAUSEWAY IN FAIUHAVEN. 

Be it enacted^ Sfc, as follows : 

Section 1. License is hereby o;iven to Anthony Y. DeCosta May maintain 

, . . . %.R "^ . 1 , solid causeway 

to construct and manitani a sohd causeway or embankment across tide- 
of earth and stone, for the purposes of a road between lands haven! '" ^*"^' 
owned by himself in the town of Fairhaven, across tide- 
water, from a point on Sconticut Neck, known as Jacob's 
Neck, to Long Island : provided, that all things done under subject to ap- 
this act shall be subject to the determination and approval Earbor" 



commis- 
sioners. 



of the harbor commissioners, as provided in the fourth section 
of chapter one hundred and forty-nine of the acts of tlie 
year eighteen hundred and sixty-sis ; 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 after 
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 April 10, 1869. 

An Act to incorporate the public library association of Chap. 157 
easthampton. -• * 

Be it enacted, ^'c, as follows : 

Section 1. Samuel Williston, Edmund H. Sawyer and corporators. 
Lafayette Clapp, all of Easthampton, their associates and 
successors, are hereby made a corporation by the name of Name and pur- 
the Public Library Association of Easthampton, for the 
formation and maintenance of a public library in that town ; 
with all the powers and privileges, and subject to all the Powers and du- 
duties and liabilities set forth in all general laws which now 
are or may hereafter be in force and applicable to such 
corporations. 

Section 2. Said corporation shall have authority to hold fJ',f;|i"e"tX'^' 
real and personal estate to the amount of fifty thousand 
dollars, to be used for the purposes aforesaid. 

Section 3. The management and control of the property Board of direc- 
of said corporation shall be vested in a board of directors, 
consisting of not less than five in number, to be elected by 
said corporation. 

The principal of Williston Seminary shall be a director, 
ex officio, and a majority of the remaining directors shall be 
citizens of Easthampton and members of said association ; 
and said board of directors shall have power to adopt all ^.y^ and'regu". 
necessary by-laws and regulations for the management of the latious. 
same, subject to the approval of the corporation. 



502 



1869.— Chapter 158. 



Town may ap- SECTION 4. So loiio; as Said Corporation shall allow the 

propriate .,,. „, c-r-ii c 

money annual- inliabitaiits 01 the towii 01 Jijastliamptoii tree access to its 
offree^iibrary. library at reasonable hours, for the purpose of using the 
same on the premises, said town may appropriate and pay 
annually, towards defraying the expenses of maintaining 
said library, a sum not exceeding one dollar for each of its 
ratable polls, in the year next preceding that in which said 
appropriation is made. 

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

Approved April 10, 1869. 



Chap. 158 

Corporators. 



Name and pur- 
pose. 



May construct 
wharves and 
docks, &c. 



Proviso. 



Capital stock 
and shares. 



May unite with 
Constitution 
Wharf Com- 
pany. 



An Act to incorporate the battery wharf company. 

Be it enacted, §'c., as folloios : 

Section 1. John Revere, Frederic W. Lincoln, James 
Murray Howe, their associates and successors, are hereby 
made a corporation by the name of the Battery Wharf 
Company, with power to purchase and hold in fee simple, 
the premises and estate known as Battery Wharf, in Boston, 
in the county of Suffolk, and the whole or parts of the land 
or flats situated and lying between the land of the Constitu- 
tion Wharf Company, on the north side. Commercial Street 
on the west side, and the line of the street or way now lead- 
ing to the People's Ferry, and the continuation of said line 
to the commissioners' line on the south side, with all the 
privileges and appurtenances to the same belonging. And 
the said company may construct docks and wharves upon 
said premises, lay vessels within and at the sides and ends 
thereof, and receive dockage and wharfage therefor, and 
improve and manage said property in such manner as to it 
shall seem expedient ; and may sell and convey the same, or 
any part thereof: provided, that nothing herein contained 
shall authorize the said company to infringe upon the legal 
rights of any person, or to build any wharf or other structure 
not now authorized by law, on the premises. 

Section 2. The capital stock of said company shall consist 
of one thousand shares, of five hundred dollars each ; and 
no shares shall be issued for a less sum or amount, to be 
actnally paid in on each, than the par value of the shares 
which shall be first issued. 

Section 3. Said company shall have power at any time 
hereafter, with the consent of the Constitution Wharf Com- 
pany, to u*nite with the same, and to form therewith one 
incorporated company, possessed of all the rights, powers 
and property of which the two corporations may be possessed 
at the time of the union, upon such terms, and under which- 
ever of the aforesaid names the corporations may adopt. 



1869.— Chapters 159, 160, 161. . 503 

Section 4. Said corporation shall have all the powers and Powers and du- 
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 such corporations. 

Approved April 10, 1869. 

An Act to incorporate the lenox hotel company, in the Chap. 159 

TOWN OF LENOX. * 

Be it enacted, ^'c, as follows : 

Section 1. Henry W. Bishop, George J. Tucker, Samuel Corporators. 
Washburn, their associates and successors, are hereby made 
a corporation by the name of the Lenox Hotel Company, for Name and pur- 
the purpose of erecting a hotel, to be located in the town of ^°^^' 
Lenox, county of Berkshire, and of maintaining such hotel, 
with all the buildings and improvements connected there- 
with ; with all the powers and privileges, and subject to all 
the duties, liabilities and restrictions contained in all general 
laws which are now or may hereafter be in force and appli- 
cable to such corporations : provided, hoivever, that said Proviao. 
corporation shall not carry on the business of keeping a 
hotel or boarding-house. 

Section 2. The capital stock of said corporation shall not Capital stock 
exceed one hundred thousand dollars, divided into shares of **" 
one hundred dollars each: provided, hoivever, that said cor- Not to incur 
poration shall not incur any liability until the sum of twenty- $?5 ooo^has'been 
five thousand dollars has been paid in in cash. paid in. 

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

Approved April 10, 1869. 

An Act to authorize the union institution for savings to QJidp, 160 

HOLD REAL ESTATE. ^ 

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

Section 1. The Union Institution for Savings, in the city May invest 
of Boston, is hereby authorized to hold real estate to the banking house. 
amount of two hundred thousand dollars, the same to con- 
sist of a site, and a suitable building thereon, to be used for 
banking purposes ; and all income, if any, arising from such 
real estate, shall be devoted exclusively to the interest of said 
corporation. 

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

Approved April 13, 1869. 

An Act concerning the Cambridge and brookhne bridge. Chap. 161 

Be it enacted, ^'c, as follows : 

Section 1. The structure known as the Cambridge and Tobeiaidout 
Brookline Bridge, authorized by chapter two hundred and upon "fcept-^ 
thirty-one of the acts of the year eighteen hundred and fifty, comi^^s^ionrrs.^ 



504 



1869.— Chapter 161. 



S. J. C to ap- 
point three 
commissiouers. 



Damages to be 
assessed. 



Damages to be 
paid to and by 
such parties as 
commissioners 
decide. 



Expense of 
maintenance to 
be apportioned 
amonjj coun- 
ties, cities and 
towns. 



Commissioners 
to report to 
S. J. C. 



is hereby laid out as, and shall become a public highway 
upon the acceptance of the report of the commissioners 
appointed by the supreme judicial court, as provided in this 
act, and judgment thereon ; and no tolls shall be demanded 
or received for passing thereon on and after that date. 

Section 2. The supreme judicial court in term time, or 
any justice thereof in vacation, shall, upon the application of 
any person interested, and in either of the counties of Suffolii, 
Norfolk or Middlesex, and after notice to the town of Brook- 
line, to the city of Cambridge and to said counties, appoint 
a board of three commissioners. It shall be the duty of said 
commissioners, after having been sworn to the faithful and 
impartial performance thereof, and after such reasonable 
notice as they shall prescribe, and fully hearing the parties, 
to assess the amount to be paid as damages to any person 
or corporation, if any, by reason of the laying out of said 
highway. 

Section 3. The damages adjudged to such persons or 
corporations in pursuance of this act, and the expense of 
executing this act, shall be paid to the parties entitled 
thereto, by the said counties, or by such of them, or by such 
cities or towns therein, as the said commissioners shall deter- 
mine, taking into view the uses made of said bridge and the 
condition thereof. 

Section 4. The said commissioners are hereby further 
empowered to make such orders, directions and provisions 
as to them shall seem expedient for the future maintenance 
and rebuilding of said bridge, and for operating the draw 
therein, and to order that the expense thereof shall be paid 
and borne by said counties, cities or towns, any or all of . 
them, as to the said commissioners shall seem expedient and 
just, taking into view the uses made of said bridge and the 
condition tliereof. 

Section 5. The said commissioners shall make report in 
writing to the supreme judicial court within and for the 
county in which their appointment is made, of their doings 
and adjudications hereunder, and upon the same being 
accepted by said court, shall be final and binding upon all 
parties. Upon the acceptance of their report, they shall file 
copies thereof with the clerks of the county commissioners 
for the said counties, including the city clerk of the city of 
Boston, whose duty it shall be to record the same as a final 
adjudication under this act, and thereupon the same shall 
stand, be acted upon and carried into effect in like manner 
as an adjudication of the respective county commissioners : 



1869.— Chapters 162, 163, 164. 505 

provided, hoioever, that as regards the amount of damages Right of appeal 
awarded to any person or corporation, he or they shall have q'^iestlon ol""^ 
a right of appeal to a jury in the same manner as is provided, damages, 
by law in the laying out of highways, except that the right 
shall be claimed in the supreme judicial court, and the 
recognizance for costs shall be taken in said court, and the 
warrant for the jury shall issue from said court, and the 
report and the verdict shall be returned therein ; and said 
right of appeal to a jury shall be claimed within thirty days 
from the return of said award and report of said commis- 
sioners ; and all matters and things provided in this act to 
be done by or in the supreme judicial court, may be done by 
any justice of said court or his order, as well in vacation as 
in term time. The damages and costs upon such appeal. Damages and 
and also the expense of executing this act, (to be taxed by peai, how paid, 
said commissioners, suliject to the approval of said court,) 
shall be paid by the same counties, cities and towns, and in 
the same proportion as was prescribed by the commissioners 
in pursuance of section three of this act. 

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

Approved AprillS, 1869. 

An Act in addition to an act to incorporate the pentucket (JJinfi 16^^ 

NAVIGATION COMPANY. "' ^ 

Be it enacted, ^'c, as fullows : 

Section 1. The time mentioned in section eight of chap- Time extended 
ter one hundred and fifteen of the acts of the year eighteen meiirof na'v-i- 
hundred and sixty-seven, is hereby extended to three years sation. 
from the passage of this act. 

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

Approved April 13, 1869. 

An Act concerning the amherst branch railroad company. Chan. 163 

Be it enacted, ^'c, as follows : 

Section 1. The time for the location and construction of Time for loca- 
the road of the Amherst Branch Railroad Company, is hereby st?uction ex"' 
extended to the first day of June, in the year eighteen huii- t'^"^*^'^- 
dred and seventy-two. 

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

Approved April 13, 1869. 

An Act to change the name of the salem and south danvers 
railroad company, and to enlarge the time for extending 
its track. 

Be it enacted, §'e., as follows : 

Section 1, The name of the Salem and South Danvers Name changed 
Railroad Company is hereby changed to the Salem Street KaUwly.^^'"*'*'* 
Railway. 

15 



Chap. 164 



506 



1869.— Chapter 165. 



May lay tracks 
over Common- 
wealth lauds in 
Boston, subject 
to control of 
governor and 
council and 
commissioners 
of public lands. 



Time extended SECTION 2. The provisioiis of chapter six of the acts of 

tor laying ,, ., iiii- i-i 

tracks. the year eighteen hunared and sixty-seven, enlarging the 

time for extending and further laying the tracks of said 
company, are hereby continued to the first day of May, in 
the year eighteen hundred and seventy-one. 

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

Approved April 13, 1869. 

Chap, 165 -A^N Act authorizing the metropolitan railroad company to 

EXTEND ITS RAILROAD TO BROOKLINE OVER THE BACK BAY 
LANDS. 

Be it enacted, ^'c, as foUoics : 

Section 1. The Metropolitan Railroad Company is hereby 
authorized to lay and maintain railroad tracks in any street 
belonging to the Commonwealth in the city of Boston, upon 
such terms and conditions as may be determined by the com- 
missioners of public lands, with the assent of the governor 
and council, and tlie board of aldermen of the city of Boston ; 
and also in any private street or ways now or hereafter to 
be laid out on the routes convenient for the extension hereby 
granted, with the consent of the board of aldermen of the 
city of Boston and the owners of said private streets or ways ; 
and in any streets or ways in the town of Brookline in which 
locations may from time to time be granted to it by the select- 
men of said town : provided, tliat nothing herein contained 
shall authorize the laying of said raih'oad tracks across the 
tracks of the Boston and Albany Railroad at a level there- 
with. 

Section 2. The contract made between the Metropolitan 
Railroad Company and the Brookline and Back Bay Street 
Railway Company, dated September fifteenth, eigliteen hun- 
dred and sixty-eight, is hereby confirmed ; and all convey- 
ances of the franchises and rights of said Brookline and 
Back Bay Street Railway Company to said Metropolitan 
Railroad Company are hereby confirmed ; and said Metro- 
politan Railroad Company shall have all the rights and 
privileges, and be subject to all the duties and liabilities in 
regard thereto which would have existed if such franchises 
and rights had been originally granted to it. 

Section 3. The authority granted by the first section of 
this act shall be void as to any street or way therein named 
in which said railroad tracks are not laid within three years 
from the passage of this act. 

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

Approved April 13, 1869. 



In Brookline. 



Not to lay 
tracks across 
Boston and 
Albany Rail- 
road at grade. 

Contract con- 
firmed between 
Metropolitan 
road and 
Brookline and 
Back Bay Kail- 
way Co. 



Tracks to be 
laid within 
three years. 



1869.— Chapters 166, 167, 168, 169. 507 

An Act concerning the roxbury latin school, in the city QJiQn IQQ 

OF BOSTON. "' 

Be it enacted, ^'c, as follows: 

Section 1. The city of Boston is hereby authorized and Boston may 

■J • . c ,• . ^- 1 c appropriate 

empowered to appropriate irom time to time, such sums or money for sup- 
money for the maintenance of the Roxbury Latin School, JLatiuTchoor^ 
not exceeding the sum of three thousand dollars in any 
single year : provided, that the trustees of this school shall Proviso, 
annually report to the board of school committee of Boston, 
on or before the second Tuesday of September, the standing 
and condition of the school, and such statistics as are required 
of the Boston Latin School in section twenty, chapter four, 
of the rules of the board. 

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

Approved April 13, 1869. 

An Act concerning the registration of deeds. Chap. 167 

Be it enacted, Sfc, as follows : 

Section 1. Unacknowledged conveyances of lands or of unacknowiedg- 

PCI ciP6Q 01 Isnds 

any estate or interest therein from the United States, may be fiomu. s. may 
recorded in the registries of deeds with the same eifect as if ^'^ '^^'^°'^^^'^- 
acknowledged. 
Section 2. This act shall take effect upon its passage. 

Approved April 16, 1869. 

An Act concerning the distribution of the income of the Chcip, 168 
school fund. "' 

Be it enacted, Sfc, as folloics : 

Section 1. In the distribution of the moiety of the income fiooof school 
of the school fund, for the support of the public schools of to"^er/^pilc<f° 
the state, every city and town complying with all laws in [av'^'^M-eiatln^'to 
force relating to the distribution of the same, shall annually its distributfon. 
receive one hundred dollars ; and the residue of said moiety Residue, how 
sliall annually be apportioned among the several cities and 'ipp<""'io"«'1- 
towns, in proportion to the number of children in each between 
the ages of five and fifteen years. 

Section 2. The first section of chapter two hundred and Repeal, 
eight of the acts of the year one thousand eight hundred and 
sixty-six, is hereby repealed. 

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

Approved April 16, 1869. 
An Act concerning the laying out, altering, avidening and Chan. 169 

IMPROVING STREETS AND WAYS IN CITIES AND TOWNS. ' 

Be it enacted, Sfc, as follows : 

Section 1. The provisions of chapter one hundred and ^r^'Ti?"^"/ 
seventy-tour 01 the acts of the year eighteen hundred and iscs, 276, ex- 
sixty-six, and of chapter two hundred and seventy-six of the towns in°the 

state. 



508 



1869.— Chapter 169. 



Provisos. 



Parties aggriev- 
ed to have the 
same rights and 
remedies as in 
laj-ing out high- 
ways. 

Laying out, &c., 
streets com- 
menced before 
acceptance of 
act, and laws 
relating to lay- 
ing out by 
selectmen, &c., 
not affected. 



Preceding sec- 
tions to take 
effect when 
accepted by 
towns. 



Provisions ex- 
tended to all 
cities in the 
State. 



Proviso. 



acts of the year eighteen hundred and sixty-eight, are hereby 
extended and made applicable to any and all the towns of 
the Commonwealth : provided, that the powers vested by 
said acts in the board of aldermen of the city of Boston shall 
be vested in and exercised by the selectmen within their 
respective towns, and no assessments shall be made under 
the provisions of said acts until the work of laying out, 
altering, widening and improving any street or way shall be 
completed ; and aho provided, that the assessments author- 
ized in said acts may be made when highways or town ways 
are laid out, altered, widened or improved within any town 
by or under the order of the county commissioners; and in 
any such case due allowance shall be made for any benefit 
set off under the provisions of section sixteen of chapter 
forty-three of the General Statutes. 

Section 2. All parties aggrieved by the action of the 
selectmen under this act shall iiave the rights and remedies 
provided in the laying out of town ways. 

Section 3. This act shall not apply to the laying out, 
altering, widening or improving streets and ways within any 
town, commenced before the acceptance of this act by the 
town as herein provided, and shall not be construed as 
repealing any existing laws relating to the laying out, alter- 
ing, widening, discontinuance or improvement of ways in any 
town by the selectmen or the county commissioners. 

Section 4. The preceding sections shall take effect in any 
town whenever the same is accepted by a vote of a majority 
of the legal voters of such town present and voting at a town 
meeting duly held for the purpose. 

Section 5. The provisions of chapter two hundred and 
seventy-six of the acts of the year eighteen hundred and 
sixty-eight, are hereby extended and made applicable to any 
and all the cities of the Commonwealth, in which chapter 
seventy-five of the acts of the year eighteen hundred and 
sixty-eight have been or shall hereafter be accepted in the 
manner designated in section two of said last named act: 
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 in the city of Boston. 

SecTiGN 6. Section five of this act shall take effect upon 

its passage. Approved April IG, 1869. 



1869.— CHArxERs 170, 171. 509 

An Act to incorporate the provincktown and Plymouth Qfidv) 17Q 

STEAMBOAT COMPANY. ^' 

Be it enacted, ^'c, as followx : 

Section 1. Isaiah Gifford, James Gififord, John D. Hilliard, corporators. 
Lauren Young, Henry Cook and Samuel H. Doten, their 
associates and successors, are hereby made a corporation by 
the name of The Provincetown and Plymouth Steamboat Name and pur- 
Conipany, for the purpose of transporting passengers and ^'*^'^' 
merchandise between Provincetown and Plymouth, and other 
places in Barnstable Bay; with all the powers and privileges, Powers aud du- 
and subject to all the duties, liabilities and restrictions set 
forth in the general laws which now are or may hereafter be 
in force relating to such corporations. 

Section 2. Said company is hereby authorized and em- MaybuUd 
powered to build, purchase, hold and convey, hire and employ, ^ '^'^'"^^*^*^ ^• 
one or more steam vessels, with such apparatus and appen- 
dages as may be found necessary for steam navigation and 
the transportation of passengers and merchandise, in any and 
all the waters aforesaid. 

Sections. The capital stock of said corporation shall capital stock 
not exceed seventy-five thousand dollars, to be fixed by a 
vote of the corporation, and shall be divided into shares of 
the par value of one hundred dollars each ; and said corpo- 
ration shall have power to assess, from time to time, upon 
said shares, such sums of money as may be deemed necessary 
to accomplish the object of said corporation, not exceeding 
the par value of such shares. 

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

Approved April 16, 1869. 



An Act to ixcorporate the Leicester savings bank. Chai) 171 

Be it enacted, ffc, as follows : 

Section 1. Cheney Hatch, Josephus Woodcock, Lory S. corporators. 
Watson, their associates and successors, are hereby made a 
corporation by the name of the Leicester Savings Bank, to Nnme and pur- 
be located in the town of Leicester ; with all the powers S,"^"' 

1 ••! 1 !• nil- ^• ^ ^^■ • ■, Powers and du- 

and privileges, and subject to all the duties, liabilities and ties. 
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 April 17, 1869. 



510 



1869.— Chapter 172. 



Chap. 172 



Oysters in 
Cole's audLee'i 
Rivers in 
Swansea. 



Penalty for un- 
lawful'takiug. 



Householders 
may take two 
bushels a 
month. 

Selectmen may 
grant permits 
to inhabitants 
to take oysters 
in specified 
quantities. 

Proviso. 



Swansea to 
have exclusive 
right to oyster 
fisheries. 

May sell right 
to any person 
for term not 
exceeding five 
years. 



Proceeds to be 
paid into town 
treasury. 



Record to be 
kept. 



Additional pen- 
alty for taking 
oysters unlaw- 
fully. 



An Act to regulatk the oyster fisheries and the seining 

OF FISH IN cole's RIVER AND LEE's RIVER IN SWANSEA. 

Be it enacted, ^c, as follows : 

Section 1. No person shall take any oysters from their 
beds in Cole's River or in Lee's River, within the limits of 
the town of Swansea, unless he is authorized to talie the same 
in the manner provided by this act. 

Section 2. Whoever takes any oysters from their beds in 
Cole's River or in Lee's River, within the limits of the town 
of Swansea, in violation of the provisions of this act, shall 
pay a fine of not less than five dollars nor more than fifty 
dollars and costs of prosecution ; and five dollars, to be paid 
to the complainant, shall be taxed and allowed in addition 
to all other legal costs, in each case, when a fine is imposed 
under this act. 

Section 3. Any householder who is an inhabitant of the 
town of Swansea, may take or cause to be taken from said 
beds, for the use of himself and family, not exceeding two 
bushels of oysters during any one calendar month ; but the 
selectmen of the town may at all times give permits in writ- 
ing to any inhabitant of Swansea to take oysters from said 
beds, in such places, in such quantities and for such uses as 
they shall express in their permit : provided, that such permit 
shall not interfere with rights and privileges that may have 
been granted or sold under the authority hereinafter given. 

Section 4. The town of Swansea, in its corporate capacity, 
shall have the esclnsive right to and control of the residue 
of the oyster fisheries in Cole's River and in Lee's River, 
within its limits ; and the selectmen of the town, acting in 
its behalf, shall use all reasonable means to enforce the pro- 
visions of this act, and shall have the right, from time to 
time, to sell to any person, at public or private sale, for any 
term not exceeding five years, the privilege of taking oysters 
from their beds therein, at such times and places, and under 
such regnlations as they may in writing permit and desig- 
nate ; and all moneys arising therefrom shall be paid to the 
treasurer of said town for its use. But at any legal meeting 
called for the purpose, the town may, by vote, direct the limit 
and extent to which tiie selectmen shall thereafter exercise 
the powers herein conferred. A record of the doings of the 
selectmen, under the provisions of this act, shall be kept by 
the town clerk. 

Section 5. In addition to the penalties heroin prescribed, 
any person who takes oysters from their beds in violation of 
the provisions of this act, shall be hold to pay the town of 



1869.— Chapter 172. 511 

• 
Swansea treble the value of the quantity so taken, to be 
recovered in an action of tort. 

Section 6, Any deputy sheriff of the county of Bristol, Persons unlaw- 

lullv ttikinfiT ovS" 

constable or selectman of Swansea, may, without warrant, ters may be ar- 
arrest any person whom he finds in the act of taking oysters ^warrant!'""* 
from their beds in violation of the provisions of this act, and 
detain him in some place of safe keeping until a warrant can 
be procured against said person upon a complaint for said 
offence : provided^ that such detention without a warrant Proviso, 
shall not exceed twenty-four hours. 

Section 7. If a vessel, boat, craft or vehicle of any kind, vessels may be 
whether on land or water, is found in the town of Swansea, tained. 
with oysters on board thereof, taken from their beds in Cole's 
River or Lee's River, in violation of the provisions of tbis 
act, any inhabitant of the town of Swansea may seize such 
vessel, boat, craft or vehicle, and detain the same not exceed- 
ing forty-eight hours, in order that it may in that time be 
attached by due process of law, to satisfy all damages due to 
said town from the person or persons by whom such oysters 
were so taken. But if such vessel, boat, craft or vehicle shall 
not be attached, the person seizing and detaining the same 
may return it to the place where it was seized, as near as 
practicable, within said period of forty-eight hours ; and the 
fact that oysters so taken in violation of this act, were on 
board thereof at the time of the seizure, shall in all cases be 
a sufficient justification for such seizure and detention : pro- proviso. 
vided, that if before any action at law is instituted, the owner 
or person found in possession of such vessel, boat, craft or 
vehicle, pays such damages to the treasurer of the town of 
Swansea, the same, with the effects therein, shall be released 
by the person so seizing, upon being shown tbe receipt of the 
treasurer, or other reasonable evidence of such payment. 

Sections. Nothing contained in this act shall be con- Provisions of 
strued to alter or change the provisions of the sixteenth, uteTrTiatingto 
seventeenth and eighteenth sections of the eighty-third chap- pYantlug^'&c., 
ter of the General Statutes, relating to granting licenses to oysters W ' 
plant, grow and dig or take oysters ; nor shall it be construed Right of native 
to alter or change the provisions of the fifteenth section of f "cVed!^ "°* '^ 
said chapter, relating to the right of native Indians to take 
shell-fish, as thei'ein provided. 

Section 9. No person shall set, drawer use any seine, Fish, except 
net or weir for taking fish, except menhaden, in Cole's River, to*i"e'taken by* 
within the limits of the town of Swansea, nor in Lee's River, net or weir. 
within the limits of the towns of Swansea and Somerset. 
Whoever violates the provisions of this section shall pay a Penalty. 



512 



1869.— Chapter 173. 



fine of not less than fifteen dollars nor more than fifty 
dollars. 

Section 10. This act shall take effect upon its passage. 

Approved April 17, 1869. 
Chap, 173 An Act to incorporate the pilgrim wharf company, and to 

AUTHORIZE SAID CORPORATION TO BUILD A WHARF. 

Be it enacted, ^"c, as follows : 

Section 1. Henry Newton, Elias S. Beals, James Torrey, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Pilgrim Wharf Company, for the 
purpose of constructing and maintaining a wharf on the 
northerly side of Weymouth Great Hill, east of the northerly 
end of North Street, in tlie town of Weymouth, for the 
accommodation of trade and commerce; with all the powers 
and privileges, and sul)ject to all the duties, restrictions and 
liabilities set forth in all general laws which now are or may 
hereafter be in force concerning such corporations. 

Section 2. The capital stock of said corporation shall 
not exceed ten thousand dollars, and shall be divided into 
shares of one hundred dollars each ; and no shares in said 
capital stock shall be issued for a less sum or amount to be 
paid in on each tlian the par value of the shares first issued ; 
and said corporation may hold real estate to the value of ten 
thousand dollars. 

Section 3. License is hereby given to said corporation to 
construct and maintain a wharf in tide-water, which shall 
extend from its land on the northerly side of Weymouth 
Great Hill and east of the northerly termination of North 
Street in said Weymouth, not exceeding three hundred and 
twenty-five feet from high-water mark, towards the channel 
of Weymouth Fore River, and to be not more than sixty feet 
in width : provided, that all things done under this act shall 
be subject to the determination and approval of the harbor 
commissioners, as provided in section four of chapter one 
hundred and forty-nine of the acts of the year eighteen 
hundred and sixty-six ; and provided, that this license shall 
in no wise impair the legal rights of any person ; and pro- 
vided, 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 4. This act shall take effect upon its passage. 

Approved April 17, 1869. 



Corporators. 



Name and pur- 
pose. 



Powers and du 
ties. 



Capital stock 
and shares. 



Keal estate. 



May construct 
wharf in Wey- 
mouth. 



Subject to con- 
trol of harbor 
commissioners. 



Provisos. 



1869.— Chapter 174. * 513 

An Act to incokporate the atiiol and enfield railroad Chap. 174 

COMPANY. 

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

Section 1. John C. Hill, John G. Mudge, Daniel Stone, corporators, 
their associates and succersors, are hereby made a corpora- 
tion by the name of tlie Athol and Enfield Railroad Com- Name and pur- 
pany ; with all the powers and privileges, and sulvject to all Iwcrsanddu- 
the duties, restriciions and liabilities set forth in the general *"^*- 
laws which now are or may hereafter be in force relating to 
railroad corporations. 

Section 2. Said corporation may locate, construct, main- May buiid road 

iroin Vcrniont 

tain and operate a railroad, commencing at such convenient and Mass. road 
point on the Vermont and Massachusetts Railroad, as it may Ne^^Lond^on^*^ 
select in the town of Atiiol, and passing through any or all ^oad!'*^™ ^'**^' 
of the towns of New Salem, Petersham, Dana, Prescott, 
Greenwich, Enfield, Ware, Belchertown and Palmer, to some 
convenient point on the Now London Northern Railroad, in 
the town of Belchertown or Palmer. 

Section 3. Said corporation may, with the consent of the May unite with 

1 -Pi i- ii 1^'i'i Vermont and 

companies hereniaiter mentioned, enter upon and Xmite its Massachusetts 
road with the roads of the Vermont and Massachusetts Rail- doJlNorth^m 
road and New London Northern Railroad Companies, and KaUioads. 
use said railroads ; and either the Vermont and Massachu- 
setts Railroad Company or New London Northern Railroad 
Company, respectively, may enter with its railroad upon, 
unite the same with and use the railroad of the Athol and 
Enfield Railroad Company, suliject to the provisions of the 
general laws relating to said roads and railroad corporations. 

Section 4. The capital stock of said corporation shall be capital stock 
fixed by the directors thereof, at an amount of not less than 
five hundred thousand dollars, and not more than seven 
hundred thousand dollars ; and said stock shall be divided 
into shares of one hundred dollars each. Said corporation Real and per- 
may hold such real estate and personal property as may be 
necessary or convenient for the purposes for which it is 
incorporated. 

Section 5. The towns of Athol, New Salem, Petersham, certain towns 
Dana, Prescott, Greenwich, Enfield, Belchertown and Palmer, when autiw-'' 
are hereby authorized, when so voting at a legal town meet- le^aHown*^^* 
ing duly called for the purpose in each respective town, to meetings, 
subscribe for and hold shares in the capital stock of the said 
Athol and Enfield Railroad Company to an amount not 
exceeding five per centum of the assessed valuation for the 
current year of each town so voting ; and the said towns so ^['*y^J'%^°^ 
subscribing may pay for such shares, so voted to be taken, treasury, or 
out of their respective treasuries, and are hereby authorized [oan o"r*tax! ''^ 

16 



514 



1869.— Chapter 175. 



Selectmen to 
represent 
towns at meet- 
ings of corpo- 
ration. 



Road may be 
leased. 



When to be 
located and 
constructed. 



Chap. 175 

Corporators. 



Name and pur- 
pose. 

IPowers and du- 
ties. 



May build rail- 
road from 
Amesbury Mills 
to West Ames- 
bury. 



May unite with 
Eastern and 
West Ames- 
bury Branch 
Kailroads. 



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. 

Section 6. The selectmen of the said towns of Athol, 
New Salem, Petersham, Dana, Prescott, Greenwich, Enfield, 
Belchertown and Palmer, shall have authority to represent 
their respective towns at any and all meetings of tlie said 
Athol and Enfield Railroad Company ; and the said towns 
so represented are hereby authorized to vote on the whole 
amount of the stock held by each town, anything in the sixty- 
third chapter of the General Statutes to tlie contrary notwith- 
standing. 

Section 7. Said corporation is hereby autliorized to lease 
its road to the New London Northern Railroad Company, or 
to the Vermont and Massachusetts Railroad Company, upon 
such terms, and conditions as the directors of the contracting 
corporations may determine, subject to the approval of a 
majority of the stockholders of said corporations, respec- 
tively, present and voting, at legal meetings called for that 
purpose. 

Section 8. This act shall be void unless the location of 
said railroad shall be made within three years, and the con- 
struction thereof be completed within five years, from the 
passage thereof. 

Section 9. This act shall take effect upon its passage. 

Approved April 17, 1869. 

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

Section 1. William C. Binney, Thomas B. Patten, Thomas 
C. Sawyer, their associates and successors, are hereby made 
a corporation by the name of the Amesbury Railroad Com- 
pany ; with all the rights, powers and privileges, 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. 

Section 2. Said corporation may locate, construct, main- 
tain and operate a railroad, commencing at some convenient 
point in that part of Amesbury called the Mills Village, thence 
running in a south-westerly direction to some convenient point 
in West Amesbury, so called. 

Section 3. Said corporation may enter with its road upon, 
unite the same with and use the railroad of the Eastern Rail- 
road Company in Salisbury Mills Village in Salisbury, and 
may enter with its road upon, unite the same with and use 



1869.— Chapter 115. * 515 

the railroad of the West Amesbury Branch Railroad Com- 
pany, and the said Eastern Railroad Company and the said 
West Amesbury Branch Railroad Company respectively, may 
enter with their several railroads upon, unite the same with 
and use the railroad of said Amesbury Railroad Company, 
under the provisions of law relating to connecting roads. 
And the Eastern Railroad Company, in order to make a ^;^'*^™{,^°'^'^ 
connection of its road with the road of the Amesbury Rail- bridge over 
road Company, is hereby authorized to change the location ^'°^°^ ^^'*'^^' 
and grade of its railroad, so far as may be necessary for this 
purpose, and to build a bridge therefor over the Powow 
River. 

Section 4. The capital stock of said corporation shall not ^uS'gifJeg^'^ 
exceed one hundred and fifty thousand dollars, which shall 
be divided into shares of one hundred dollars each. Said ^^^^usta^er 
corporation may hold such real and personal property as 
may be necessary or convenient for the purposes for which it 
is created. 

Section 5. The town of Amesbury is hereby authorized, Amesbury may 
by a vote of a majority of the voters present, at a legal town rlA! °^ ^ 
meeting, duly called for that purpose, to subscribe for and 
hold shares in the capital stock of the Amesbury Railroad 
Company, to an amount not exceeding two per centum of 
the assessed valuation of the said town ; and said town may Jiaypayfor 
pay for such shares, so voted to be takenj out of its treasury, treasury" or 
and is hereby authorized to raise by loan upon bonds, or by [oan'o^rtaxf ''^ 
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 6. The selectmen of said town of Amesbury shall reiwl'^nt'town 
have authority to represent said town of Amesbury in any at meetings of 
and all meetings of the Amesbury Railroad (Company, if the *^°"^p^"^' 
said town shall vote to take stock in said railroad, and said 
town so represented is hereby authorized to vote on the whole 
amount of the stock held by said town in said railroad, any- 
thing in the sixty-third chapter of the General Statutes to 
the contrary notwithstanding. 

Section 7. This act shall be void unless said corporation Location and 
shall locate its railroad between a point in Amesbury Mills ^'^^^ 
Village, so called, and a point in West Amesbury, within 
two years, and construct the same within three years from 
the passage hereof. 

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

Approved April 17, 1869. 



516 



1869.— Chapters 176, 177, 178. 



Chap. 176 



Corporators. 



Name and pur- 
pose. 



Powers and du- 
ties. 



Real and per- 
sonal estate. 



C.ipital stock 
and shares. 



Chap.Ul 

Corporators. 



Name and pur- 
pose. 



Powers and du- 
ties. 



Capital stock 
and shares. 



Ax Act to incorporate tiik adams and Cheshire reservoir 

COjMPANY. 

Be. it enaclefl. cVc, as follows : 

Section 1. Saiiford Blacldnton, William C. Plunkett, D. 
D. Wlieeler, their associates and successors, are hcrel^y made 
a corporation by the name of the Adams and Cheshire 
Reservoir Company, for the purpose of constructing and 
maintaining a reservoir or reservoirs of water in the south 
branch of the Hoosac River, in the towns of Clieshire and 
Lanesborough, for the supply of mills now or hereafter to be 
situated on said river ; 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 
estate necessary and convenient for the purposes aforesaid ; 
and its whole capital stock shall not exceed one hundred 
thousand dollars, which shall be divided into shares of one 
hundred dollars each. 

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

Approved April 17, 1869. 

An Act to incorporate the somerville union hall company. 

Be il enacted, §'c., as follows : 

Section 1. Thomas Cunningham, Ebenezer C. Mann, 
Charles S. Lincoln, their associates and successors, are 
hereby made a corporation by the name of the Somerville 
Union Hall Company, for the purpose of building and 
maintaining a hall in Somerville, with power to hold real 
estate to the amount of forty thousand dollars ; with all the 
powers and privileges, and subject to all the duties, liabilities 
and restrictions set forth in all laws which now are or here- 
after may be in force and applicable to said corporation. 

Section 2. The capital stock of said corporation shall be 
forty thousand dollars, divided into shares of one hundred 
dollars each. 

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

Approved April 17, 1869. 



Chap. 178 -^^ Act concerning 



Capital stock 
fixed and in- 
crease allowed, 



THE FIRST national FIRE INSURANCE COM- 
PANY OF WORCESTER. 

Be it enacted, §'c., as follows: 

Section 1. The capital stock of the First National Fire 
Insurance Company of Worcester is hereby fixed at one hun- 
dred thousand dollars, with liberty to increase the same to an 
amount not exceeding two hundred thousand dollars. 

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

Approved April 17, 1869. 



1869.— Chapter 179. 517 

An Act in adpitiox to ax act to incorporate the proprie- QJiQp^ ^79 

TORS OF THE CEMETERY OF MOUNT AUBURN. "' 

Be it enacted, ^'c, as follows : 

Section 1. The authority conferred upon any cemetery rowers con- 
corporation organized under the provisions of section two of i'ropn"tors of 
chai)ter twenty-eight of the General Statutes to take and Setety.'""''' 
hold so much real and personal estate as may be necessary 
for the objects of its organization, is herel^y vested in the 
Proprietors of the Cemetery of Mount Auburn. 

Section 2. No member of said corporation shall in his Each member 

^• • T 1 • ^ . 1 -11, 1 i ij.1 entitled to one 

individual right be entitled to more than one vote at tlie vote. 
meetings of said corporation. 

Section 3. The officers of said corporation shall consist officers and 

n , 1 , . . V, 1 1 .1 tenure of office. 

of twelve trustees, a treasurer, secretary and such otiier 
officers as the trustees may direct. The twelve persons who 
now constitute the board of trustees shall be divided, by lot 
or otherwise, as they themselves may determine, into six 
classes of two each ; and the persons of the first class shall 
go out of office on the day of the next annual meeting; and 
the persons of the second, third, fourth, fifth and sixth classes 
shall go out of office, respectively, on the day of each succeed- 
ing annual election in the years eighteen hundred and seventy- 
one, eighteen hundred and seventy-two, eighteen hundred 
and seventy-three, eighteen hundred and seventy-four, and 
eighteen hundred and seventy-five ; and the two trustees 
wlio shall be chosen at the annual meeting in the year 
eighteen hundred and seventy, and in each succeeding year, 
shall continue in office, respectively, for the term of six 
years. In case of the death or resignation of any trustee, the vacancies, how 
vacancy shall be filled by the proprietors at the next annual ^^^^^' 
meeting succeeding such death or resignation. Nothing 
herein contained shall prevent any person whose term of 
office shall have expired from being re-eligible. 

Section 4. The secretary shall give notice of annual and ^^"clafn^eet- 
special meetings of said corporation by sending by mail or ings, members 
otherwise, to each member of the corporation whose place of thereof. 
residence or business shall be known to him, a printed notice 
thereof, seven days before the time of such meeting, and by 
publication of such notice in one or more newspapers printed 
in Boston, seven days before the time of such meeting. At Quorum. 
all meetings a quorum for business shall consist of not less 
than twenty-five members. 

Section 5. Such parts of sections two, three, four and five Repeal, 
of chapter ninety-six of the acts of the year eighteen hundred 
and thirty-five, or of any act in addition to, which may be in- 
consistent with the provisions of this act, are hereby repealed. 

Approved April 17, 1869. 



518 



186^.— Chapters 180, 181. 



Chap. 180 



May raise 
money to pur- 
chase land for 
boarding-house 
for normal 
school. 



An Act authorizing the town of bridgewater to raise money 
TO purchase a lot of land for the accommodation of the 
normal school. 

Be it enacted, ^~c., as folloivs: 

Section 1. The town of Bridgewater is hereby authorized 
to raise by taxation and appropriate a sum of money not 
exceeding one thousand dollars, for the purpose of purchasing 
a lot of land to be conveyed to the board of education and 
used as a site for a boarding-house for the accommodation of 
the normal school in said town. 

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

Approved April 17, 1S69. 



Chap.l^l 



Boston may fill 
docks inclosed 
by Atlantic 
Avenue with 
earth from 
Fort Hill. 



May extend 
sewers so as to 
discharge into 
deep water. 



To record in 
Suffolk registry 
description and 
claim for filling 
docks. 



Cost of filling 
to be lien upon 
land, and may 
be collected like 
taxes 



An Act for the prevention of a nuisance in the docks 

inclosed by the building and filling in of ATLANTIC 

avenue, in the city of boston. 
Be it enacted, Sec, as follows : 

Section 1. The city of Boston, to prevent the nuisance 
which will be created by the sewers discharging into the 
docks, and from stagnant water in said docks inclosed by the 
building of Atlantic Avenue, may fill up said docks with 
earth from Fort Hill, and shall have a lien on the land made 
by said filling, for the cost of doing the same, as hereinafter 
provided. 

Section 2. The said city may extend the sewers now 
discharging into said docks, and such other sewers as in 
their judgment will be required, so as to discharge the same 
into deep water below Atlantic Avenue, or from the ends of 
the wharves, as they shall deem most convenient or conducive 
to public health, and assess the cost of doing the same in the 
manner now provided by law in relation to the building of 
sewers. 

Section 3. The said city shall file for record in the Suffolk 
registry, a description of the boundaries of the docks so filled, 
together with their claim for the cost of filling the same, and 
also the portions of such assessments for sewers as shall apply 
to lands filled as before named, and such amounts for filling 
and for constructing sewers so filled as aforesaid, shall con- 
stitute a lien on said lands, which may be enforced and 
collected in the same manner as is provided by law for the 
collection of taxes upon real estate ; and when the different 
claimants to the lands so filled shall settle the boundaries of 
their several claims, the said city shall discharge their lien 
on the record in said registry on the land of any owner, on 
the said owner paying to the said city the proportion of said 
cost for filling and construction of sewers due on his land, 



1869.— Chapter 182. 519 

together with interest on the same from the date of said 
expenditure by said city. 

Section 4. Nothing in this act shall be so construed as to owner of land 
prevent any owner from filling his own lot of land, provided ^^^ ' 
he does it in season to prevent a nuisance, and the filling be 
done with suitable and wholesome earth, to be approved by 
said city. 

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

Approved April 17, 1869. 

An Act to incorporate the new England trust company. Chan, 182 
Be it enacted, Sfc, as follows : 

Section 1. Nathaniel Thayer, John C. Lee, Benjamin T. corporators. 
Reed, their associates and successors, are hereby made a 
corporation by the name of "The New England Trust Name and pur- 
Company," to be located in the city of Boston, for the pur- ^°''*^" 
pose of holding property in trust and for other purposes 
hereinafter set forth ; and subject to all the duties, restric- Powers and du- 
tions and liabilities set forth in all general laws which now 
are or may hereafter be in force in relation to such corpo- 
rations. 

Section 2. The capital stock of said corporation shall capital stock 
be five hundred thousand dollars, divided into five thousand 
shares of one hundred dollars each, and the same shall be 
paid for at such time and in such manner as the board of 
directors shall decide: provided, that no business shall be No business to 
transacted by the corporation until the whole amount is w'^iiok"stockls 
subscribed for and at least one hundred thousand dollars andTi'woiw'^ 
shall have been actually paid in and invested according to paid in. ' 
law, and no shares shall be issued, nor dividends made, until 
the par value of such shares shall have been actually paid in 
in cash. 

Section 3. The said corporation shall have power to May hold prop- 
receive and hold moneys or property in trust or on deposit from courts, 
from courts of law or equity, including courts of probate ^"''""*"'*'^^' ^"^ 
and insolvency, executors, administrators, assignees, guar- 
dians, trustees, corporations or individuals, upon such terms 
or conditions as may be obtained or agreed upon. 

Section 4. Any court of law or of equity, including 9.°"'"*^ ^^y 

„ 1 i 1 • 1 r ii • i. i 1 direct moneys 

courts 01 probate and insolvency, oi this state, may, by or property uu- 
decree or otherwise, direct any moneys or property under tro'ito'^bede^' 
its control, or that may be paid into court by the parties to fji^'c^o'^rj!^^. 
any legal proceedings, or which may be brought into court tiou. 
by reason of any order or judgment in equity or otherwise, 
to be deposited with said corporation upon such terms and 
subject to such instructions as may be deemed expedient 



520 



1869.— Chapter 182. 



Proviso. 



How capital 
and moneys 
entrusted may 
be invested. 



Eeal estate to 
be sold at auc- 
tion. 



$200,000 in real 
estate. 



To make return 
to commission- 
er of savings 
banks. 



Commissioner 
to have same 
powers and du- 
ties as in case of 
savings banks. 



Subject to pro- 
visions of 1865, 
283. 



Taxes, how to 
be assessed. 



by said court : provided, hoiuever, that said corporation shall 
not be required to assume or execute any trust without its 
own assent. 

Section 5. It shall be lawful for said corporation to invest 
its capital and all the moneys entrusted to it, or in any way 
received by it, in the authorized loans of the United States 
or of any of the New England states, or cities or towns of 
tliis Commonwealth, in the stock of national banks organ- 
ized within this Commonwealth, in the first mortgage bonds 
of any railroad company which has earned and paid regular 
dividends for two years next preceding such investment, or 
in the bonds of any such railroad company as is unincum- 
bered by mortgage, or in the stock of such railroad compa- 
nies incorporated by this state; and the said corporation may 
make loans upon mortgages on real estate within this Com- 
monwealth, or upon the notes of corporations created under 
the laws of this Commonwealth, and the notes of individuals 
with a sufficient pledge as collateral of any of the aforesaid 
securities ; but all real estate acquired by foreclosure of 
mortgages or by levy of execution, shall be sold at public 
auction within two years of such foreclosure or levy. 

Section 6. Said corporation may hold real estate in the 
city of Boston, suitable for the transaction of its business, to 
an amount not exceeding two hundred thousand dollars. 

Section 7. The said corporation shall semi-annually make 
a return to the commissioner of savings banks of this Com- 
monwealth, on or before the second Mondays of May or 
November, which shall be signed and sworn to by a majority 
of its board of directors, stating the full amount of its capital 
stock and of all moneys and property, in detail, in the pos- 
session or charge of said company as deposits, trust funds or 
for purposes of investment; and the commissioner of sav- 
ings banks shall have the same access to the vaults, books 
and papers of this corporation, and it shall be his duty to 
inspect, examine and inquire into its affairs and to take pro- 
ceedings in regard to them, in the same manner and to the 
same extent as if this corporation were a savings bank sub- 
ject to all the general laws which now are or hereafter may 
be in force in relation to such institutions in this regard. 

Section 8. Said corporation shall be sulyect to the pro- 
visions of chapter two hundred and eighty three of the acts 
of the year eighteen hundred and sixty-five, and any acts 
now existing or that may hereafter be passed in amendment 
or lieu thereof ; and the taxes upon all personal property 
entrusted to the charge of or deposited with said corporation 
shall be assessed to said corporation in the manner prescribed 



1869.— Chapter 183. 521 

for personal property held in trust or belonging to persons 

under guardianship, in section twelve of chapter eleven of 

the General Statutes of this Commonwealth, or in any acts 

which may hereafter be passed in lieu or amendment thereof. 

Said corporation shall, annually, between the first and tenth 

days of May, return to the tax commissioner a true state- , 

ment, attested by the oath of some officer of the corporation, 

of all such personal property so held, with the names and 

residences of the beneficiaries, and the interest of each 

beneficiary therein, on the first day of May of that year, 

under the penalties and provisions for the enforcement 

thereof provided in section fourteen, chapter two hundred 

and eighty-three, acts of eighteen hundred and sixty-five, 

or the acts in addition thereto, for corporations failing to 

make the returns required by said act. Said commissioner 

shall, on or before the twentieth of June in each year, cause 

to be printed and sent to the assessor of each town and city 

in the Commonwealth, a statement exhibiting the name and 

residence of each beneficiary, and the value of the property 

so held. 

Section 9. The said* corporation is also authorized to act May act as 

. n ,^ ly • • • J. • J. agent for issu- 

as agent lor the purpose oi issuing, registering or counter- ing bonds, &... 

signing the certificates of stock, bonds or other evidences of ration^ ''°'^'"' 

indebtedness of any corporation, association, municipality, 

state or public authority, and to receive and make payments 

on account of the same on such terms as may be agreed 

upon. 

Section 10. This act shall take effect upon its passage, to continue \n 
and shall continue in force fifty years, unless sooner modified force fifty ye:.is. 
or terminated by the legislature. Approved April 22, 1869. 

An Act to incorporate the essex branch railroad company. Qfiap. IS)] 
Be it enacted, Sfc, as follows : 

Section 1. Leonard McKenzie, John James, Abel Story, corporator^ 
their associates and successors, are hereby made a corpora- 
tion by the name of the Essex Branch Railroad Company ; Name and tiv- 
with all the powers and privileges, and subject to all the lowers and du- 
duties, restrictions and liabilities set forth in the general ti^^- 
laws which now are or may hereafter be in force relating to 
such corporations. 

Section 2. Said corporation may locate, construct and May buud road 
maintain a railroad, commencing at some convenient point E.a™enfiuii° 
in the town of Essex, and thence running through portions cester^B^uii. 
of the towns of Ipswich, Hamilton and Wenham, or either 
of them, to some convenient point on the Eastern Railroad, 
near the twenty-second mile post, or at such other point of 

17 



522 



1869.— Chapter 183. 



May cross Mill 
Creek. 



May unite with 
Eastern or 
Gloucester 
iJranch Kail- 
road, 



May sell fran- 
chise to Eastern 
Kailroad Com- 
pany. 



Capital stock 
and shares. 



Ileal and per- 
sonal estate. 



Eastern road 
may take one- 
third of stock. 



Essex may take 
$50,000 of stock. 



May pay out of 
treasury, or 
raise by taxa- 
tion or loan. 



Town to be rep- 
resented at 
company meet- 
ings by select- 
men and treas- 
urer. 



connection as may be found most suitable ; or, commencing 
at such convenient point in said town of Essex, and thence 
running through portions of the towns of Hamilton, Wen- 
ham, Manchester and Beverly, or either of them, to some 
convenient point on the Gloucester Branch Railroad of the 
Eastern Railroad Company, with the riglit in either case to 
cross Mill Creek in the town of Essex. 

Section 3. Said corporation may unite its road with the 
railroad of the Eastern Railroad Company or with the 
Gloucester Branch Railroad of said company, and may enter 
upon and use the tracks of said railroads vipon the terms 
and subject to the provisions of the statutes of the Common- 
wealth relating to railroads and railroad corporations. 

Section 4. Said corporation is hereby authorized to sell 
and transfer its franchise and all its rights under this act, or 
to lease its road or other property, either for a limited time 
or perpetually, to the Eastern Railroad Company, on such 
terms as may be mutually agreed upon. 

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

Section 6. The Eastern Railroad Company is hereby 
authorized to subscribe for and hold such portion of the 
capital stock in said corporation, not exceeding one-third of 
the whole amount thereof, as said company may choose. 

Section 7. The town of Essex is hereby authorized to 
subscribe for and hold shares in the capital stock of said 
corporation to the amount of fifty thousand dollars, when- 
ever a majority of the legal voters present and voting thereon 
at a lawful town meeting duly called for that purpose, shall 
vote so to do. 

Section 8. Said town of Essex may pay for such shares 
out of its treasury, and is hereby authorized to raise by loan 
or by taxation, any or all sums of money which may be 
necessary to pay fbr the same, and may hold and dispose of 
the same like other town property. 

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



1869.— Chapters 184, 185. 523 

This act shall be void unless said road i 
three years, and constructed within five year: 
from the passage of this act. Approved April 22, 1869. 



Section 10. This act shall be void unless said road is ?^'^^^"f° ^l 
located within three years, and constructed witliin five years, constructed. 



An Act to authorize isaac h. boardman and others to con- CIlClp. 184 

STRUCT A MARINE RAILWAY IN SALISBURY. 

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

Section 1. License is hereby given to Isaac H. Boardman May construct 
and others, under the name of the Merrimac Marine Railway fu'sausbury^'^^ 
Company of Ncwburyport, to construct a marine railway on 
the shore of Rings Island in the town of Salisbury, opposite 
Newburyport, into the waters of the Merrimac River, not 
exceeding three hundred feet beyond low-water mark, and 
of such width as is required, not exceeding one hundred feet : subject to cou- 
provided, that all things done under this act shall be subject commissioners. 
to the determination and approval of the harbor commis- 
sioners, as provided in section four of chapter one hundred 
forty-nine of the acts of the year eighteen hundred sixty-six ; 
and provided, that this license shall in no wise impair the Provisos. 
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 eflfect upon its passage. 

Approved April 22, 1869. 

An Act concerning the distribution of the list of the offi- nhn^i \ Q5 

CERS AND SOLDIERS OF MASSACHUSETTS DURING THE LATE WAR. -' ' 

Be it enacted, Sfc, as follows : ' 

Section 1. The secretary of the Commonwealth is directed List of officers 
to deliver to tlie adjutant-general the copies of the list of the dfstribution' 
officers and soldiers of Massachusetts during the late war '''^''"^s'^'J- 
which he is now required by law to furnish to masters in 
chancery, judges, clerks and registers of the judicial courts, , 

district attorneys, county commissioners, sheriffs, keepers of 
jails, registers of deeds, keepers of houses of correction, 
county treasurers, judges of the supreme court of the United 
States, the secretary of state of the United States, and the 
secretaries of the several states ; and after retaining fifty 
copies in his document room, to supply future legitimate 
calls, and making the distribution required by law, shall 
deliver the remaining copies to the same officer. 

Section 2. The sergeant-at-arms is directed to deliver to sergeant-at- 

,11.,, Ill 1 1 •••I'lj arms to deliver 

the adjutant-general all such volumes remaining in his hands volumes to ad- 
after complying with the requirements of law. jutant-generai 



524 



1869.— Chapters 186, 187. 



Adjutant-gen- 
eral to dein-er 
volumes to offi- 
cers. 



Repeal. 



Chap. 186 



May lay out 
streets across 
tide-waters of 
Collins Cove. 



Order of city 
council laying 
out streets con- 
firmed. 



Chap. 187 



Commissioners 
may lay out 
highvfay and 
build bridges 
across Maiden 
and Mystic 
Rivers. 



Section 3. The adjutant-general shall, upon application, 
dispose of the volumes delivered to him as follows : one set 
of said volumes to each of the general officers of volunteers 
from Massachusetts, and to the colonels of Massachusetts 
volunteers ; the remainder to other officers of Massachusetts 
volunteers in the order of rank. 

Section 4. All provisions of laws and resolves inconsistent 
with this act are hereby repealed. 

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

Approved April 22, 1869. 

Ax Act to authorize the city of salem to lay out streets 

OVER AND ACROSS THE TIDE-WATERS OF COLLINS COVE. 

Be it enacted, §'c., as follows : 

Section 1. The city council of tlie city of Salem are 
hereby authorized to lay out streets over and across the 
tide-waters of Collins Cove, so called, in said Salem : pro- 
vided, that said streets shall not extend beyond a line drawn 
from the north-east corner of the old wharf on the Peirce 
and Wait lot, so called, south-east across the mouth of said 
cove. 

Section 2. The order of the city council of said city, 
passed July thirtieth, in the year eighteen hundred and fifty- 
five, laying out Webb Street, from Essex Street to Bridge 
Street, and Collins Street from said Webb Street to Barton 
Street, and all subsequent acts of the city council, in rela- 
tion to the laying out and locating of said streets, are 
hereby ratified and confirmed. 

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

Approved April 22, 1869. 

An Act to authorize the county commissioners of thk county 
of middlesex to lay out a highway and construct a bridge 
over malden river or mystic river. 
Be it enacted, §'c., as follows: 

Section 1. The county commissioners of the county of 
Middlesex are hereby authorized and empowered, if in their 
judgment the public necessity and convenience require it, 
to lay out a highway and construct a pile bridge and draw 
across Maiden River, in the town of Maiden, or across Mystic 
River, between the towns of Medford and Somerville, in said 
county, at such place as may be determined by them; said 
draw, if said bridge be constructed across Maiden River, to 
be of the same width as the draw of the bridge now across 
Maiden River ; and said draw, if said bridge shall be con- 
structed across Mystic River, to be of the same width as the 
draw of the Maiden bridge now existing across Mystic River. 



1869.— Chapter 188. 525 

Section 2. Said commissioners, in laying out and con- To proceed as 
structing said road and bridge, shall in all respects proceed out wghwafs"^ 
as is now provided by law for laying out and constructing 
highways ; and shall, after due public notice and hearing of To determine 
all parties in interest, proceed to determine and award what aLTss cost^of 
cities and towns in said county receive particular and special &c"!upon*co'un- 
benefit from the construction and maintenance of such road ty si"d towns. 
and bridge, and to apportion and assess upon said county 
and such cities and towns, and in such manner and amount 
as they shall deem equitable and just, the cost of construction 
and maintenance of such road, brjdge and draw. 

Section 3. This license may be revoked at any time, and Jf^otedTLy^ 
shall expire at the end of five years from its taking effect, time, and ex- 
except so far as valuable structures may have been actually years!" 
and in good faith built under the same. 

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

Approved April 22, 1869. 

An Act relating to sewers and drains in the totvn of QJiap. 188 

FITCHBURG. "' 

Be it etiacfed, ^"c, as follows : 

Section 1. The selectmen of the town of Fitchburg may, selectmen may 
for the purposes of sewerage and drainage in said town, take MtehbOTg'^fo? 
" Punch Brook," the brook running from Pine Street to the tii"ii"'ige. 
Nashua River, and the brook and its branches running from 
Blossom and Pearl Streets to the Nashua River, with their 
tributaries, all in said Fitchburg, with all the rights and 
easements connected therewith, and devote the same, with 
the waters thereof, to the purposes aforesaid ; and they may May take land 
also take all necessary land, and alter the courses, widen, chanudsof 
straighten and deepen the channels of said brooks, branches ^'^°°^^- 
and tributaries, and may fix the boundaries thereof and 
remove all obstructions therefrom, and pave, enclose in 
retaining walls and cover the same. 

Section 2. In taking said brooks, branches and tributa- to proceed as 
ries and riglits and easements connected therewith, and land, for towif wa"ys, 
said selectmen shall proceed in the manner required by law 
in taking land for town ways ; and persons suffering damage Damages. 
in their property shall have the same rights and remedies 
for the ascertainment and recovery of the amount of such 
damages provided by law for the ascertainment and recovery 
of damages for lands taken for town ways. 

Section 3. Any person owning real estate, the sewerage Real estate 
or drainage of which is in any way connected with said assessed for^ 
brooks, branches or tributaries, or is benefited thereby, shall benefits, 
pay to said town such sum as the selectmen shall assess upon 



526 1869.— Chapters 189, 190. 

him, as his proportionate share of the expenditure of said 
town for, or upon said brooks, branches, tributaries, rights 
Assessments to and oasements connected therewith and land so taken ; and 
tatel7ort?\^*^^ the sum SO asscsscd upon liim shall constitute a lien upon 
years. gj^j^ ^qq^ cstato for two ycars after it is assessed ; and if not 

paid within ninety days after notice of said assessment is 
served upon the owner of such real estate, or his agent, may 
be collected by a sale of said real estate in the manner pro- 
vided by law for the sale of real estate for the non-payment 
Persons ag- of taxcs. And any person aggrieved by the doings of said 
piTfor^a°jury!^ Selectmen under this section, may, at any time within three 
months after receiving notice of any assessment, as aforesaid, 
apply for a jury, in the manner and with the same effect, as 
provided in section six, chapter forty-eight of the General 
Statutes. 
Act void unless SECTION 4. This act sliall bc void unless submitted to the 
town Avithin votcrs of Said towu of Fitchburg, and approved by a majority 
one year. ^f tliosc Voting at a towu meeting legally held for that pur- 

pose, within one year after the passage of this act. 

Approved April 22, 1869. 

Chap. 189 -^^ -^^"^ CONCERNING THE ADOPTION OF CHILDREN. 

Be it enacted, §'c., as follows : 
A child above SECTION 1. When a petition is made to adopt a child 
years*n°ay^be abovc tlic agc of tweiity-onc ycars, the court may grant the 
out pu^bnJ"'^' same without any public notice, upon the consent of the child 
notice. and of any surviving parent whose name and residence is 

known to such child. 

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

Approved April 22, 1869. 

Chan. 190 •^^ -^^^ concerning the return of false and fraudulent 

■' " LISTS OF PROPERTY TO ASSESSORS OF TAXES. 

Be it enacted, Sfc, as foUoivs : 
Fenaity for Wliocvcr shall dclivcr or disclose to any assessor or assist- 

neturn^to^asses- aut-asscssor of taxcs, elcctcd or appointed in pursuance of 
sors of taxes, ^^q jg^-^^g Qf ^j^jg Commonwealth, any false or fraudulent list, 
return or schedule, of property, as and for a true list of his 
estates, real and personal, not exempted from taxation, with 
intent thereby to avoid the lawful assessment or payment of 
any tax, or with intent thereby to defeat or evade the pro- 
visions of law in relation to the assessment or payment of 
taxes, shall be punished by a fine not exceeding one thousand 
dollars, or by imprisonment in jail not exceeding one year. 

Approved April 24, 1869. 



1869.— Chapters 191, 192. 527 

An Act concernixg licenses for the sale of intoxicating (Jfiap 191 

LIQUORS. -^ 

Be it enacted, §'c., as follows : 

Section 1. No license authorizing the sale of intoxicating License to sen 
liquors witliin this Commonwealth, shall be issued by any jrqi^orufimve 
person, or have force or validity, after the thirtieth day of ^y^*"^^ 'jf^g'^'; 
April, in the year eighteen hundred and sixty-nine, anything 
in any existing law to the contrary notwithstanding. 

Section 2. This act shall take effect uponUts passage. 

Approved April 24, 1869. 

An Act in further addition to an act to establish the QJiap. 192 

county seat of the county of BERKSHIRE AT PITTSFIELD, AND 
FOR OTHER PURPOSES. 

Be it enacted, Sfc, as follows : 

Section 1. The county commissioners of the county of May borrow 
Berkshire are hereby authorized to borrow, on the credit oi county buiui- 
said county, in addition to the sum heretofore authorized, a g^fd/" 
sum of money not exceeding two hundred and fifty thousand 
dollars, to be expended in building a court house and build- 
ings for a jail and house of correction in the town of Pitts- 
field. 

Section 2. It shall not be lawful for said county commis- Buildings to be 
sioners' to expend any portion of the money so borrowed tr'act and°by 
except in manner following, to wit: The said commissioners lowest bidder. 
shall, upon due notice given, let to the lowest competent bidder 
or bidders furnishing sufficient guarantees for the fulfilment 
of the same, in one or more contracts, all work and materials 
not already contracted for, necessary for the erection and 
completion of said buildings, with sufficient heating appar- 
atus, gas and water-pipes, according to plans and specifica- 
tions to be furnished by said commissioners, the aggregate 
contract price, including existing contracts and expenses 
already incurred, not to exceed the sum of three hundred 
and fifty thousand dollars ; and it shall not be lawful for whole expense 

.,''.. . . , -t not to exceed 

said commissioners, in any event or manner, to expend $350,000. 
in the completion of said buildings as aforesaid, a sum of 
money exceeding in the aggregate the sum of three hundred 
and fifty thousand dollars, including the sum of one hundred 
thousand dollars heretofore authorized to be borrowed for 
that purpose. 

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

Approved April 24, 1869. 



528 1869.— Chapters 193, 194, 195. 

Chap. 193 -^N Act to authorize the city of boston to convey water 

TO DEER ISLAND. 

Be it enacted, Sfc, as follows : 

x^ter%TlV^^ Section 1. The city of Boston is autliorizcd to convey 

across Shirley water fi'om East Boston, so called, to Deer Island, in Boston 

Island. harbor, by laying aqueducts or water-pipes through the town 

of Winthrop and across Shirley Gut ; and for that purpose 

shall have all the rights and privileges, and shall be subject 

to all the liabilities mentioned in chapter one hundred and 

sixty-seven of the acts of the year eighteen hundred and 

structures sub forty-six, aiid the several acts in addition thereto. And the 

jpct to approval said city of Boston may make any suitable structures for the 

of harbor com- r. • ,■, • -, , ^ ±t j.- ^ j. 

niissioners. purposc 01 convoyuig the said water, under the tide-waters 
in said Shirley Gut : provided, that such structures shall be 
approved by the harbor commissioners. 

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

Approved April 24, 1869. 
Chap. 194 -^N Act to authorize the city of boston to widen federal 

STREET BRIDGE. 

Be it enacted, Sfc., as follows : 

May widen SECTION 1. The city of Bostoii is hereby authorized to 

Bricfge. '^^^ widcu Federal Street Bridge, in said city, to a width equal 

Subject to ap- to tlic width of Said Federal Street: provided, that all things 

commissioners!" douc uudcr tliis act sliall be subject to the determination 

and approval of the harbor commissioners, as provided in 

section four of chapter one hundred and forty-nine of the 

acts of the year eighteen hundred and sixty-six. 

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

Approved April 24, 1869. 

Chat). 195 ^^ -^^^ '^*-* incorporate THE BOSTON SUNDAY SCHOOL AND MISSION- 
"' ARY SOCIETY OF THE METHODIST EPISCOPAL CHURCH. 

Be it enacted, tVc, as follows : 

Corporators. SECTION 1. William R. Clark, Jacob Sleeper, Richard 

Beeching, Francis A. Perry, their associates and successors. 

Name and pur- are hereby made a corporation by the name of The Boston 

''°^®" Sunday School and Missionary Society of the Methodist Epis- 

copal Church, for the purpose of establishing Sunday schools 

Powers and du- and to promotc missionary work in Bostoii and vicinity ; 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 
applicable to such corporations. 

r.eaiaudper- SECTION 2. Said corporatiou may hold real and personal 
estate, to be used for the purposes aforesaid, to an amount 
not exceeding two hundred thousand dollars in value. 



1869.— Chapters 196, 197, 198. 529 

Section 3. The management of the affairs of said corpo- To be managed 
ration shall be vested in a board of managers created in managers? 
accordance with the provisions of its constitution. 

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

Approved April 24, 1869. 

An Act to change the name of the fogerty rifle company. Chat). 196 

Be it enacted, Sfc, as follows : 

The Fogerty Rifle Company shall take the name of the Name changed. 
American Repeating Rifle Company. 

^Approved April 24, 1869. 

An Act to incorporate the "society of st. vincent de-paul Qfidf), 197 

OF THE city of BOSTON." * ' 

Be it enacted, §'c., as follows : 

Section 1. Nicholas J. Bean, John G. Blake, John W. corporators. 
McDonald, their associates and successors, are hereby made 
a corporation by the name of the " Society of St. Vincent Name and pur- 
De-Paul of the city of Boston," for charitable and benevo- ^°^^' 
lent purposes, and for the purpose of providing for the care 
and support of abandoned and orphan children of both sexes ; Powers and du- 
with all the powers and privileges, and subject to all the ^^^^' 
duties, liabilities and restrictions set forth in the General 
Statutes relating to such corporations. 

Section 2. The said corporation may receive, by purchase. May hold reai 
grant, devise, bequest or otherwise, any real or personal estafeTo't'ex- 
property, and hold the same for the purposes aforesaid, and ceeding $50,000. 
may manage and dispose of the same according to their 
discretion : provided^ that the whole amount of the real and Proviso, 
personal property held and possessed by the said corporation 
shall not exceed in value at any one time the sum of fifty 
thousand dollars. 

Section 3. The board of state charities shall have power Board of state 
at all times to visit and inspect any institution established by histuutioM^*^^* 

thiQ t;or»iptv established by 

llUb bOCieiy. this society. 

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

Approved April 24, 1869. 

An Act to incorporate the union savings bank of fall river. CJian. 198 

Be it enacted, §'c., as follows : 

Section 1. Gardner T. Dean, Edwin Shaw, Lafayette corporators. 
Nichols, their associates and successors, are hereby made a 
corporation by the name of the Union Savings Bank, to be Name and pnr- 
located in the city of Fall River ; with all the powers and powers and du- 
privileges, and subject to all the duties, liabilities and restric- *'^^- 
tious set forth in all general laws which now are or may 

18 



530 



1869.— Chapters 199, 200. 



hereafter be in force in this Commonwealth relating to insti- 
tutions for savings. 

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

Approved April 24, 1869. 

An Act to authorize luke hideout to construct a railroad 
from his quarry land to " quincy adams " station, in 

QUINCY. 

Be it enacted, ^^c, as follows : 

' Section 1. Luke Rideout is hereby authorized to lay out, 
construct, maintain and use a railroad from his quarry land 
on Town Hill, in the tftwn of Quincy, to the siding track of 
the Old Colony and Newport Railroad Company, at their 
station called " Quincy Adams," in Quincy : provided, that 
the consent of the owners of the land over which it shall 
pass, and the approval of the selectmen of Quincy, shall first 
be had in writing. 

Section 2. He may also unite his track with the track of 
the Old Colony and Newport Railroad Company at " Quincy 
Adams " station, by proper switches, and may use the same 
upon such terms as may be agreed upon between them. 

Section 3. The Old Colony and Newport Railroad Com- 
pany may use said railroad, with the freight equipment of 
the corporation, upon such terms as may be mutually agreed 
upon. 

Section 4. Said railroad may be constructed and used 
across highways or town ways at grade. 

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

Approved April 24, 1869. 

Chap. 200 -^ -^CT TO APPORTION AND ASSESS A STATIC TAX OF TWO MILLION 

FIVE HUNDRED THOUSAND DOLLARS. 

Be it enacted, Sfc, as follows : 

Section 1. Each town and city 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, nine hundred three thousand nine hundred and 
twenty-five dollars ; Chelsea, twenty thousand one hundred 
and twenty-five dollars ; North Chelsea, two thousand and 
one hundred dollars ; Winthrop, one thousand one hundred 
and twenty-five dollars. 

Essex County. 
Amesbury, four thousand eight hundred and fifty dollars ; 
Andover, seven thousand one hundred and twenty-five dol- 



0/^^^.199 



May construct 
railroad iu 
Quincy. 



Proviso. 



May unite with 
Old Colony and 
Newport Itall- 
road. 



Old Colony and 
Newport Com- 
pany may use 
road. 



Railroad may 
cross highways 
at grade. 



Assessment 
of cities and 
towns. 



Counties : 
SuiTolk. 



Essex. 



1869.— Chapter 200. 531 

lars ; Beverly, nine thousand one hundred and seventy-five 
dollars ; Boxfordf one thousand six lilmdred and twenty-five 
dollars ; Bradford, two thousand two hundred and seventy- 
five dollars ; Danvers, six thousand and seventy-five dollars ; 
Essex, two thousand and five hundred dollars ; Georo;;etown, 
two thousand two hundred and twenty-five dollars ; Glouces- 
ter, twelve thousand seven hundred and twenty-five dollars ; 
Groveland, one thousand nine hundred and twenty-five dol- 
lars ; Hamilton, one thousand two hundred and fifty dollars ; 
Haverhill, twelve thousand eight hundred and twenty-five 
dollars ; Ipswich, four thousand one hundred and seventy- 
five dollars ; Lawrence, twenty-eight thousand five hundred 
and fifty dollars ; Lynn, twenty-six thousand and fifty dol- 
lars ; Lynnfield, one thousand five hundred and fifty dollars ; 
Manchester, two thousand one hundred and twenty-five dol- 
lars ; Marblehead, six thousand nine hundred and fifty dol- 
lars ; Methuen, three thousand five hundred and fifty dollars ; 
Middleton, one thousand and fifty dollars ; Nahant, one 
thousand two hundred dollars ; Newbury, two thousand 
dollars ; Newburyport, nineteen thousand and five hundred 
dollars ; North Andover, four thousand and seven hundred 
dollars ; Peabody, nine thousand nine hundred and twenty- 
five dollars ; Rockport, three thousand and seven hundred 
dollars ; Rowley, one thousand four hundred and fifty dol- 
lars ; Salem, thirty-nine thousand nine hundred and twenty- 
five dollars ; Salisbury, four thousand five hundred and 
seventy-five dollars ; Saugus, three thousand three hundred 
and twenty-five dollars ; Swampscott, three thousand five 
hundred and fifty dollars ; Topsfield, one thousand eight 
hundred and twenty-five dollars ; Wenham, one thousand 
two hundred and fifty dollars ; West Newbury, two thousand 
six hundred and twenty-five dollars. 

Middlesex County. 

Acton, two thousand and three hundred dollars ; Arling- Middksex. 
ton, six thousand nine hundred and twenty-five dollars ; Ash- 
by, one thousand four hundred and fifty dollars ; Ashland, 
one thousand and nine hundred dollars ; Bedford, one thou- 
sand and three hundred dollars ; Belmont, seven thousand 
nine hundred and twenty-five dollars ; Billerica, two thou- 
sand eight hundred and twenty-five dollars ; Boxbor- 
ough, six hundred and fifty dollars ; Brighton, nine thou- 
sand two hundred and fifty dollars ; Burlington, one thou- 
sand one hundred and seventy-five dollars ; Cambridge, 
sixty-three thousand and twenty-five dollars ; Carlisle, nine 



532 1869.— Chapter 200. 

hundred and fifty dollars ; Charlestown, forty-six thousand 
and two hundred dollars ; Chelmsford, thrfte thousand nine 
hundred and fifty dollars ; Concord, four thousand one hun- 
dred and seventy-five dollars ; Dracut, throe thousand dol- 
lars ; Dunstable, one thousand dollars ; Framingham, seven 
thousand two hundred and fifty dollars ; Groton, four thou- 
sand two hundred and fifty dollars ; HoUiston, four thousand 
two hundred and twenty-five dollars ; Hopkinton, four thou- 
sand five hundred and seventy-five dollars ; Lexington, four 
thousand four hundred and twenty-five dollars ; Lincoln, one 
thousand five hundred and fifty dollars ; Littleton, one 
thousand six hundred and fifty dollars ; Lowell, fifty-one 
thousand eight hundred and fifty dollars ; Maiden, ten 
thousand six hundred and fifty dollars ; Marlborough, seven 
thousand six hundred and fifty dollars ; Medford, thirteen 
thousand two hundred and seventy-five dollars ; Melrose, 
four thousand four hundred and seventy-five dollars ; Natick, 
five thousand three hundred and seventy-five dollars ; New- 
ton, twenty-three thousand four hundred and twenty-five 
dollars ; North Reading, one thousand and six hundred dol- 
lars ; Pepperell, two thousand five hundred and twenty-five 
* dollars ; Reading, three thousand and five hundred dol- 

lars ; Sherborn, two thousand and two hundred dollars ; 
Shirley, one thousand eight hundred and twenty-five dollars ; 
Somervillc, fourteen thousand and four hundred dollars ; 
Stoneham, three thousand nine hundred and twenty-five 
dollars ; Stow, two thousand and one hundred dollars ; Sud- 
bury, two thousand seven hundred and fifty dollars ; Tewks- 
bury, one thousand nine hundred and fifty dollars ; Towns- 
end, two thousand two hundred and twenty-five dollars ; 
Tyngsborough, nine hundred and twenty-five dollars ; Wake- 
field, four thousand and seven hundred dollars ; AValtham, 
thirteen thousand five hundred and seventy-five dollars ; 
Watertown, six thousand nine hundred and seventy-five dol- 
lars ; Wayland, one thousand seven hundred and fifty dol- 
lars ; Westford, two thousand and five hundred dollars ; 
Weston, two thousand seven hundred and twenty-five dol- 
lars ; Wilmington, one thousand four liundred and seventy- 
five dollars ; Winchester, three thousand six hundred and fifty 
dollars ; Woburn, thirteen thousand one hundred and twenty- 
five dollars. 

Worcester County. 

Worcester. Ashburnham, two thousand three hundred and fifty dol- 

lars ; Athol, three thousand two hundred and seventy-five 
dollars ; Auburn, cue thousand three hundred and fifty 



1869.— Chapter 200. 53o 

dollars ; Barre, four thousand seven hundred and twenty- 
five dollars ; Berlin, one thousand one hundred and seventy- 
five dollars ; Blackstone, five thousand seven hundred and 
seventy-five dollars; Bolton, one thousand eight hundred 
and twenty-five dollars ; Boylston, one thousand two hun- 
dred and fifty dollars ; Brookfield, two thousand and eight 
hundred dollars ; Charlton, two thousand five hundred and 
twenty-five dollars,; Clinton, five thousand two hundred 
and fifty dollars ; Dana, seven hundred and fifty dollars ; 
Douglas, two thousand five hundred and twenty-five dol- 
lars ; Dudley, one thousand nine hundred and fifty dollars ; 
Fitchburg, eleven thousand four hundred and fifty dollars ; 
Gardner, two thousand seven hundred and twenty-five dol- 
lars ; Grafton, four thousand nine hundred and seventy-five 
dollars ; Hardwick, two thousand eight hundred and seventy- 
five dollars ; Harvard, two thousand four hundred and 
seventy-five dollars ; Holden, two thousand three hundred 
and fifty dollars; Hubbardston, two thousand and twenty- 
five dollars ; Lancaster, two thousand six hundred and 
twenty-five dollars ; Leicester, four thousand two hundred 
and fifty dollars ; Leominster, five thousand one hundred 
and seventy-five dollars ; Lunenburg, one thousand nine hun- « 

dred and twenty-five dollars ; Mendon, one thousand and 
eight hundred dollars ; Milford, ten thousand one hundred 
and fifty dollars ; Millbury, three thousand nine hundred 
and seventy-five dollars ; New Braintree, one thousand four 
hundred and twenty-five dollars ; Northborough, two thou- 
sand three hundred and twenty-five dollars ; Northbridge, 
three thousand one hundred and twenty-five dollars ; North 
Brookfield, two thousand nine hundred and fifty dollars; 
Oakham, nine hundred and fifty dollars ; Oxford, three 
thousand two hundred and twenty-five dollars ; Paxton, 
eight hundred and fifty dollars ; Petersham, one thousand 
eight hundred and seventy-five dollars ; Phillipston, nine 
hundred dollars; Princeton, two thousand and fifty dollars 
Royalston, one thousand nine hundred and fifty dollars 
Rutland, one thousand four hundred and fifty dollars 
Shrewsbury, two thousand and seven hundred dollars 
Southborough, two thousand five hundred and seventy- 
five dollars ; Southbridge, four thousand seven hundred 
and twenty-five dollars ; Spencer, three thousand nine hun- 
dred and twenty-five dollars ; Sterling, two thousand eight 
hundred and twenty-five dollars ; Sturbridge, two thousand 
four hundred and fifty dollars ; Sutton, three thousand and 
one hundred dollars ; Templeton, two thousand and nine 
hundred dollars; Upton, two thousand one hundred and 



554 1869.— Chapter 200. 

seventy-five dollars ; Uxbridge, four thousand and three 
hundred dollars ; Warren, two thousand eight hundred 
and twenty-five dollars ; Webster, three thousand one hun- 
dred and fifty dollars ; Westborough, three thousand seven 
hundred and seventy-five dollars ; West Boylston, two thou- 
sand four hundred and fifty dollars ; West Brookfield, one 
thousand nine hundred and twenty-five dollars ; Westmin- 
ster, two thousand and twenty-five dollars ; Winchendon, 
three thousand four hundred and seventy-five dollars ; 
Worcester, fifty-one thousand and seventy-five dollars. 

Hampshire County. 

Hampshire. Amhorst, four thousaud eight hundred and seventy-five 

dollars ; Belchertown, three thousand one hundred and sev- 
enty-five dollars ; Chesterfield, one thousand and seventy- 
five dollars ; Cummington, one thousand and twenty-five 
dollars ; Easthampton, four thousand two hundred and fifty 
dollars ; Enfield, one thousand and six hundred dollars ; 
Goshen, four hundred and fifty dollars ; Granby, one thou- 
sand and three hundred dollars ; Greenwich, seven hundred 
il and fifty dollars ; Hadley, three thousand and four hundred 

dollars ; Hatfield, three thousand five hundred and fifty 
dollars ; Huntington, one thousand and two hundred dollars ; 
Middlefield, nine hundred and seventy-five dollars ; North- 
ampton, twelve thousand and three hundred dollars ; Pel- 
ham, six hundred and twenty-five dollars ; Plainfield, seven 
hundred and twenty-five dollars ; Prescott, six hundred and 
fifty dollars ; South Hadley, two thousand nine hundred and 
seventy-five dollars ; Southampton, one thousand and four 
hundred dollars ; Ware, three thousand and seven hundred 
dollars ; Westhampton, seven hundred and seventy-five dol- 
lars ; Williamsburg, two thousand nine hundred and twenty- 
five dollars ; Worthington, one thousand one hundred and 
fifty dollars. 

Hampden County. 

Hampden. Agawam, two thousaud two hundred and fifty dollars ; 

Blandford, one thousand and five hundred dollars ; Brimfield, 
one thousand nine hundred and twenty-five dollars ; Chester, 
one thousand three hundred and fifty dollars ; Chicopee, 
eight thousand and nine hundred dollars ; Granville, one 
thousand five hundred and twtinty-five dollars ; Holland, 
three hundred and seventy-five dollars ; Holyoke, six thou- 
sand nine hundred and twenty-five dollars ; Longmeadow, 
two thousand six hundred and twenty-five dollars ; Ludlow, 
one thousand and three hundred dollars ; Monson, three 



1869.— Chapter 200. 535 

thousand five hundred and seventy-five dollars ; Montgomery, . 
four hundred and fifty dollars ; Palmer, three thousand five 
hundred and seventy-five dollars ; Russell, six hundred and 
twenty-five dollars ; Southwick, one thousand six hundred 
and fifty dollars ; Springfield, thirty-five thousand six hun- 
dred and twenty-five dollars ; Tolland, eight hundred dol- 
lars ; Wales, seven hundred and twenty-five dollars ; West- 
field, eight thousand and eight hundred dollars ; West 
Springfield, three thousand four hundred and fifty dollars ; 
Wilbraham, two thousand four hundred and fifty dollars. 

Franklin County. 

Ashfield, one thousand and seven hundred dollars ; Ber- Frankim. 
nardston, one thousand and three hundred dollars ; Buck- 
land, one thousand six hundred and seventy-five dollars ; 
Charlemont, one thousand and seventy-five dollars ; Colrain, 
one thousand and eight hundred dollars ; Conway, two thou- 
sand dollars ; Deerfield, three thousand four hundred and 
fifty dollars ; Erving, five hundred and twenty-five dollars ; 
Gill, one thousand and fifty dollars ; Greenfield, five thou- 
sand dollars ; Hawley, seven hundred and fifty dollars ; 
Heath, six hundred and seventy-five dollars ; Leverett, eight 
hundred and fifty dollars ; Ley den, seven hundred and fifty 
dollars ; Monroe, two hundred and fifty dollars ; Montague, 
one thousand seven hundred and fifty dollars ; New Salem, 
one thousand and fifty dollars ; Northfield, two thousand and 
twenty-five dollars ; Orange, one thousand nine hundred and 
twenty-five dollars ; Rowe, five hundred and twenty-five dol- 
lars ; Shelburne, two thousand two hundred and twenty-five 
dollars ; Shutesbury, six hundred and seventy-five dollars ; 
Sunderland, one thousand one hundred and fifty dollars ; 
Warwick, eight hundred dollars ; Wendell, six hundred dol- 
lars ; Whately, one thousand and eight hundred dollars. 

Berkshire County. 

Adams, nine thousand one hundred and fifty dollars ; AI- Berkshire. 
ford, eight hundred and seventy-five dollars ; Becket, one 
thousand four hundred and twenty-five dollars ; Cheshire, 
one thousand nine hundred and fifty dollars ; Clarksburg, 
four hundred dollars ; Daltou, two thousand and four hun- 
dred dollars ; Egremont, one thousand five hundred and 
twenty-five dollars ; Florida, seven hundred dollars ; Great 
Barrington, five thousand seven hundred and seventy-five 
dollars ; Hancock, one thousand two hundred and fifty dol- 



536 1869.— Chapter 200. 

lars ; Hinsdale, two thousand one hundred and fifty dollars ; 
Lanesborough, one thousand seven hundred and seventy-five 
dollars ; Lee, four thousand and six hundred dollars ; Lenox, 
two thousand two hundred and fifty dollars ; Monterey, eight 
hundred and fifty dollars ; Mount Washington, two hundred 
and fifty dollars ; New Ashford, two hundred and seventy- 
five dollars ; New Marlborough, one thousand seven hundred 
and seventy-five dollars ; Otis, one thousand dollars ; Peru, 
six hundred dollars ; Pittsfield, sixteen thousand and two 
hundred dollars ; Richmond, one thousand three hundred 
and seventy-five dollars ; Sandisfield, one thousand seven 
hundred and twenty-five dollars ; Savoy, eight hundred and 
fifty dollars ; Sheffield, three thousand two hundred and 
seventy-five dollars ; Stockbridge, three thousand three hun- 
dred and twenty-five dollars ; Tyringham, eight hundred and 
twenty-five dollars ; Washington, eight hundred and twenty- 
five dollars ; West Stockbridge, one thousand and eight hun- 
dred dollars ; Williamstown, three thousand one hundred 
and fifty dollars ; Windsor, eight hundred and seventy-five 
dollars. 

Norfolk County. 

Norfolk. Bellingham, one thousand three hundred and fifty dollars ; 

Braintree, four thousand four hundred and seventy-five dol- 
lars ; Brookline, twenty-seven thousand one hundred and 
twenty-five dollars ; Canton, five thousand and seven hun- 
dred dollars ; Cohasset, three thousand one hundred and 
twenty-five dollars ; Dedham, twelve thousand and four hun 
dred dollars ; Dorchester, twenty-nine thousand eight hun- 
dred and fifty dollars ; Dover, nine hundred and fifty dollars ; 
Foxborough, three thousand five hundred and fifty dollars ; 
Franklin, two thousand and nine hundred dollars ; Medfield, 
one thousand six hundred and fifty dollars ; Medway, three 
thousand five hundred and seventy-five dollars ; Milton, nine 
thousand and nine hundred dollars ; Needham, four thou- 
sand six hundred and fifty dollars ; Quincy, nine thousand 
nine hundred and twenty-five dollars ; Randolph, seven 
thousand and nine hundred dollars ; Sharon, one thousand 
nine hundred and seventy-five dollars ; Stoughton, five thou- 
sand and fifty dollars; Walpole, three thousand and fifty 
♦ dollars ; West Roxbury, twenty-four thousand four hundred 

and seventy-five dollars ; Weymouth, nine thousand eight 
hundred and seventy-five dollars ; Wrentham, three thou- 
sand eight hundred and fifty dollars. 



1869.— Chapter 200. 537 

Bristol County. 

Acushnet, one thousand seven hundred and fifty dollars ; Bristol. 
Attleborough, six thousand three liundred and fifty dollars ; 
Berkley, nine hundred and twenty-five dollars ; Dartmouth, 
six thousand and two hundred dollars ; Dighton, two thou- 
sand two hundred and fifty dollars ; Easton, five thousand 
and one hundred dollars ; Fairhaven, four thousand and six 
hundred dollars ; Fall River, thirty-two thousand and three 
hundred dollars ; Freetown, one thousand nine hundred and 
twenty-five dollars ; Mansfield, two thousand two hundred 
and fifty dollars ; New Bedford, forty-nine thousand four 
hundred and twenty-five dollars ; Norton, two thousand 
three liundred and fifty dollars ; Raynham, two thousand 
eight hundred and seventy-five dollars ; Rehoboth, two thou- 
sand one hundred and fifty dollars ; Seekonk, one thousand 
three hundred and fifty dollars ; Somerset, two thousand 
four hundred and twenty-five dollars ; Swanzey, two thou- 
sand and fifty dollars ; Taunton, twenty-two thousand one 
hundred and twenty-five dollars ; Westport, three thousand 
nine hundred and seventy-five dollars. 

Plymouth County. 

Abington, nine thousand two hundred and seventy-five Plymouth, 
dollars ; Bridgewater, five thousand four hundred and fifty 
dollars ; Carver, one thousand three hundred and twenty- 
five dollars ; Duxbury, two thousand nine hundred and fifty 
dollars ; East Bridgewater, three thousand five hundred and 
fifty dollars ; Halifax, one thousand dollars ; Hanover, two 
thousand and seventy-five dollars ; Hanson, one thousand 
three hundred and fifty dollars ; Hingham, six thousand three 
hundred and twenty-five dollars ; Hull, four hundred dollars ; 
Kingston, three thousand three hundred and fifty dollars ; 
Lakeville, one thousand and six hundred dollars ; Marion, 
one thousand two hundred and seventy-five dollars ; Marsh- 
field, two thousand three hundred and fifty dollars ; Matta- 
poisett, one thousand six hundred and twenty-five dollars ; 
Middleborough, six thousand and one hundred dollars ; 
North Bridgewater, six thousand seven hundred and seventy- 
five dollars ; Pembroke, one thousand and seven hundred 
dollars ; Plymouth, eight thousand five hundred and twenty- 
five dollars ; Plympton, nine hundred dollars ; Rocliester, . 
one thousand five hundred and seventy-five dollars ; Scit- 
uate, two thousand five hundred and seventy-five dollars ; 
South Scituate, two thousand two hundred and seventy-five 
dollars ; Wareham, two thousand seven hundred and twenty- 

19 



.338 



1869.— Chapter 200. 



Barnstable. 



Dokes. 



Nantucket. 



Ilecapitnlation 
of counties. 



five dollars ; "West Bridgcwatcr, two thousand five hundred 
and fifty dollars. 

Barnstable County. 
Barnstable, six thousand and two hundred dollars : Brews- 
ter, two thousand and one hundred dollars ; Chatham, three 
thousand one hundred and seventy-five dollars; Dennis, 
three thousand four hundred and fifty dollars; Easthara, 
seven hundred and twenty-five dollars ; Falmouth, three 
thousand seven hundred and fifty dollars; Harwich, three 
thousand and two hundred dollars ; Orleans, one thousand 
seven hundred and fifty dollars; Provincetown, four thou- 
sand three hundred and fifty dollars ; Sandwich, four thou- 
sand six hundred and twenty-five dollars ; Truro, one thou- 
sand and three hundred dollars; Wellfleet, two thousand 
and two hundred dollars ; Yarmouth, three thousand and 
eight hundred dollars. 

Dukes Comilij. 
Chilmark, nine hundred and fifty dollars ; Edgartown, two 
thousand eight hundred and twenty-five dollars ; Gosnold, 
two hundred and seventy-five dollars ; Tisbury, one thou- 
sand nine hundred and seventy-five dollars. 

Nantucket County. 
Nantucket, six thousand and seventy-five dollars. 

Recapitulation. 
Suffolk County, nine hundred twenty-seven thousand two 
hundred and seventy-five dollars ; Essex County, two hun- 
dred thirty-eight thousand one hundred and twenty-five dol- 
lars ; Middlesex County, three hundred ninety-three thou- 
sand and twenty-five dollars ; Worcester County, two hun- 
dred twenty-one thousand seven, hundred and fifty dollars ; 
Hampshire County, fifty-four thousand eight hundred and 
fifty dollars ; Hampden County, nhiety thousand and four 
hundred dollars ; Franklin County, tliirty-seven thousand 
three hundred and seventy-five dollars ; Berkshire County, 
seventy-five thousand and two hundred dollars ; Norfolk 
County, one hundred seventy-seven thousand and three hun- 
dred dollars ; Bristol County, one hundred fifty-two thousand 
three hundred and seventy-five dollars ; Plymouth County, 
seventy-nine thousand and six hundred dollars ; Barnstable 
County, forty thousand six hundred and twenty-five dollars ; 
Dukes County, six thousand and twenty-five dollars ; Nan- 
tucket County, six thousand and seventy-five dollars. 



1869.— Chapter 201. 539 

Section 2. The treasurer of the Commonwealth shall Treasurer of 
forthwith send his warrant, with a copy of this act, directed to issue war- 
to the selectmen or assessors of each city or town taxed as ^^^^' 
aforesaid, requiring them, respectively, to assesys the sum so 
charged, according to the provisions of chapter eleven of the 
General Statutes, and to add the amount of such tax to the 
amount of town and county taxes to be assessed by them, 
respectively, on each city or town. 

Section 3, The treasurer, in his said warrant, shall re- —to require 
quire tlie said selectmen or assessors to pay, or to issue their alsessoVTt^ 
several warrant or warrants requiring the treasurers of their to^cilTrtown 
several cities or towns to pay, to the said treasurer of the treasurers. 
Commonwealth, on or before the first day of December, in 
the year one thousand eight hundred and sixty-nine, the 
sums set against said cities or towns in the schedule afore- 
said : and the selectmen or assessors, respectivelv, shall ^ames of troas- 

, i-fi o l^ (>i •! urers and sums 

return a certincate ot the names ot such treasurers, with required, to ije 
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 
provided in this act, is not paid to the treasurer of the Com- ^ uouty dciln^ 
monwealth within the time specified, then the said treasurer town\reasur- 
shall notify the treasurer of said delinquent city or town, ers. 
who shall pay into the treasury of the Commonwealth, in 
addition to the tax, sucii 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 infor- 
mation may be filed by the treasurer of the Commonwealth, 
in the supreme judicial court, or before any justice thereof, 
against such delinquent city or town ; and upon notice to 
such city or town, and a summary hearing thereon, a warrant 
of distress may issue against such city or town, to enforce 
the payment of said taxes', under such penalties as said 
court, or the justice thereof before whom the hearing is had, 
shall order. 

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

Approved April 27, 1869. 

An Act to authorize the GOVEnxoR and council to hypotiie- ChciT). 201 

GATE SCRIP, AND FOR OTHER PURPOSES. ^ 

Be it enacted^ Sj-c, as follotcs: 

Section 1. The state scrip authorized to be issued by Agents may be 
chapter fifty-one and chapter three hundred and thirty-three i^ypothe'clte' 
of the acts of the year eigliteen hundred and sixty-eiglit, and Europe"^ ^" 



540 



1869.--CHAPTER 202. 



by chapter ninety-one of the acts of the present year, entitled 
"An Act in addition to an Act to establish the Massachusetts 
War Fund, and to create a sinking fund for its redemption," 
may be hypothecated in such manner and at such times and 
in such pieces and amounts as the governor and council shall 
deem for the best interests of the Commonwealth ; and the 
governor, with the advice and consent of the council, may 
appoint one or more agents for and in the name of the Com- 
monwealth, to sell, dispose of, or hypothecate the same in 
Europe, under such terms and conditions as may be pre- 
scribed by the governor and council, and may fix the com- 
pensation of such agent or agents. 
Scrip may be SECTION 2. The scrip authorizcd to be issued by section 

able in not less ouc of chaptcr tlircc huudrcd and thirty-three of the acts of 
!nor°ettiau'3o the year eighteen hundred and sixty-eight, may be made 
years. redeemable in not less than twenty nor more than thirty 

years, as the governor and council may direct. 

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

Approved April 27, 1869. 



Chap. 202 

Corporators. 



Name. 

Powers and du- 
ties. 



Capital stock 
and shares. 



Location and 
construction. 



May enter upon 
Salisbury 
branch of East- 
ern Railroad. 



An Act to ixcorpoeate the salisbuky railroad company. 
Be it enacted, §'c., as follows : 

Section 1. Thomas J. Clark, George Currier, George 
Turner, their associates and successors, are hereby made a 
corporation by the name of the Salisbury Railroad Company; 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities of all the general laws 
which now are or may hereafter be in force in reference to 
such corporations. 

Section 2. The capital stock of said company shall not 
exceed one hundred thousand dollars, divided into shares of 
one hundred dollars each, the number of said shares to be 
determined from time to time by the directors of said com- 
pany ; and said company may purchase and hold such real 
estate, engines, cars and other property, as may be necessary 
for the purposes of said road. 

Section 3. Said company is hereby authorized and cm- 
powered to locate, construct and maintain a railroad for the 
transportation of persons and merchandise from a point at 
the terminus of the Exeter Railroad, on the boundary line 
between the states of New Hampshire and Massachusetts, to 
some convenient point in the town of Salisbury. 

Section 4. Said company may also enter with its railroad, 
by proper turnouts and switches, upon the railroad known as 
the Salisbury branch of the Eastern Railroad Company, and 



1869.— Chapter 202. 541 

to use the same, or any part thereof, according to the pro- 
visions of law. 

Section 5. Said company is hereby authorized to unite Jiay unite with 
its railroad with the railroad of the Exeter Railway Company of^Nlw^^Hamp^ 
of New Hampshire, at the terminus of said road upon the ^'^^'■*^- 
state line. And when the two companies shall have so united, 
the stockholders of the one company shall become the stock- 
holders of the other company, and the two companies shall ^oiTto^e""^^ 
constitute one corporation by the name of the Exeter and named Exeter 
Salisbury Railway Company ; and the franchise, property Raiiway^com- 
and power acquired under the authority of said states p^"^* 
respectively, shall be held and enjoyed by all the stock- 
holders, in proportion to the number of shares or amount 
of property held by them respectively, in either or both of 
said companies. 

Section 6. One or more of the directors or other officers one director, at 
of said united corporation, shall, at all times, be an inhabi- dentof state^.^*' 
tant of this Commonwealth, on whom process against said 
corporation may be legally served ; and said corporation 
shall be held to answer in tlie jurisdiction where the service 
is made and the process returnable. 

Section 7. Said corporation shall keep separate accounts separate ac- 
of its expenditures in Massachusetts and New Hampshire, pemiitu^es'to 
respectively; and two commissioners shall be appointed by ^ndN^H.^'^^*' 
the governor of this state, to hold their offices for the term commissioners 

„ P ■ -, , , , , , to be appointed 

01 three years, and to be reasonably compensated by said to apportion 
corporation, who shall decide what portion of all expendi- expendUures. 
tures of said corporation and of its receipts and profits 
properly pertain to that part of the road lying in the two 
states respectively; and the annual report required to be Annual report. 
made to the legislature of this Commonwealth, shall be 
approved by said commissioners. 

Section 8. Said corporation and the stockholders therein, Duties and lia- 
so far as their road is situated in Massachusetts, shall be sub- poration, &c., 
ject to all the duties and liabilities created by the provisions "°* ^ff'^<=^*^''- 
of the laws of this Commonwealth, to the same extent as 
they would have been if the union of said companies had not 
taken place. 

Section 9. The provisions contained in the four preced- union^not Jo ^.^ 
ing Sections, and all the provisions of this act which contem- similar lawis 
plate a union of said companies, shall not take effect until Hampsiii^re and 
similar provisions shall iiave been autliorized and adopted by sfockhoWeJs. 
the authorities of the state of New Hampshire, nor until said 
provisions shall have been accepted by the stockholders of 
said companies respectively, at legal meetings called for that 
purpose. 



542 1869.— Chapters 203, 204, 205. 



three years. 



To be located in SECTION 10. If the locatioii of this road shall not be filed 

two years ana •,. t • n • a •^ -x ^ ^ij 

constructed in witliiii two vears, aiid II said railroad be not constructed 
Within three years from the passage of this act, then this act 
shall be void. 

Section 11. This act shall take effect upon its passage. 

Approved April 27, 1869. 



Chap. 



203 An Act to incorporate the proprietors of the parsonage 
of the first congregational society in woburn. 

Be it enacled, ^-c, as follows : 

Corporators. SECTION 1. Jolui R. Kimball, Lcwis L. Whitney, Frederic 
Flint, their associates and successors, are hereby made a 

Name and pur- corporation by tlie name of the " Proprietors of the Parson- 

^°*^' age of the First Congregational Society in Woburn," for the 

purpose of procuring and holding real estate as a parsonage 

Powers and du- fo^ g^id socicty ; witli all the powers and privileges, and sub- 
ject to all the duties, liabilities and restrictions set forth in 
all general laws which now are or may hereafter be in force, 
so far as applicable to said corporation. 

Real estate. SECTION 2. Said Corporation may hold, for the purposes 

aforesaid, real estate not exceeding in value fifteen thousand 
dollars. 

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

Approved April 27, 1869. 



Chap. 204 



An Act to authorize the seamen's savings bank in province- 
town TO hold real estate. 
Be it enacted, Sfc, as follows : 
Mayinvest$io,- SECTION 1. The Scamcu's Savings Bank in the town of 
house.'' an-ing pi.Qvijj^jetown is licrcby authorized to hold real estate to the 
amount of ten thousand dollars, to be invested in the pur- 
chase of a site, and the erection of a suitable building to be 
used for banking purposes ; and all income, if any, arising 
from such real estate, shall be devoted to the interest of said 
corporation. 

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

Approved April 27, 1869. 



Chap. 205 



An Act concerning the militia. 

Be it enacted, Sfc, as follows : 



Ad.iutant-gcn- SECTION 1. In time of peace the duties of quartermaster- 
Q.\."a '^'' ^"^ general shall be performed by the adjutant-general. 
Inspector-gen- SECTION 2. Thc iiispector-geiicral, or some officer detailed 
state property by him, sliall twicc in each year, and oftener if deemed neccs- 
twiceayear. ssivy, carcfully iuspcct all the state property in the possession 
of the militia. 



1869.— Chapters 206, 207. 543 

Section 3. When state property is wilfully or nep;lio:cntly officera maybe 

,•, 1, J, ^ a- i.1 dishonorably 

wasted or destroyed by an omcer or company, tlie com- discharged ami 
mander-in-chief may dishonorably discharge the officer and banSfor*^** 
disband the company. wasting state 

Section 4. So much of the first section of chapter two itepeai. 
hundred and sixty-six of tlie acts of eighteen hundred and 
sixty-seven as requires officers to make quarterly returns, 
and the allowance of twenty-five dollars a year for making 
the same and for responsibility of state property in their 
possession, together with all provisions of law inconsistent 
with this act, are hereby repealed. 

Section 5. Commanders of companies shall be allowed u,';3erTaii™w- 
ten dollars a year for care and responsibility of state property ^:'i sioayear 
in their possession, to be paid to them upon the certificate of property. 
the adjutant and inspector-general that they are justly entitled 
to receive the same. 

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

Apjnoved April 27, ISGO. 
Ax Act concerning the detection and apprehension of Chap. 206 

OFFENDERS. ^' 

Be it enacted, cVc, as foUotcs: 

Section 1. The inhabitants of any town, and the city cities and 
council of any city, are hereby authorized to raise money raise money 
and expend the same for the purpose of procuring the detec- feiom^el.*^'^^" **' 
tion and apprehension of persons committing any felony in 
such place. 

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

Approved April 27, 1869. 



Chap. 207 



An Act concerning the public burying-grounds in the city 

of new bedford. 
Be it enacted, ^'c, as follows : 

Section 1. Any person holding, occupying, or interested owner of lot in 

1 i. • XI 11-1 • 1 f XI -x 1? AT public burying- 

in any lot m the public burying-grounds oi the city oi xSlew ground may de- 
Bedford, in accordance with chapter twenty-nine of the ordi- Jired donars"'" 
nances of said city in relation to the interment of the dead, ^^er "^^ *"■****" 
or any other by-law or ordinance of said city now in force, 
or which may hereafter be established, may deposit with the 
treasurer of said city any sum of money, not exceeding five 
hundred dollars, which sum, thus deposited, shall be entered 
upon the books of the treasuiy. 

Section 2. The purpose for which such deposit may be Deposit to be 
made, shall be to provide for the care, keeping and preserva- "not^'^'^ ^*'*' 
tion of the fences, trees, shrubbery, monuments, tombs and 
other appendages of the lot of such person. 



544 1869.— Chapters 208, 209, 210. 

City may re- SECTION 3. The citv of New Bedford is hereby authorized 

ceive money j . ■ rxi r-J 

and auow inter- aiiQ empowered to receive money lor tlie purpose aioresaid, 
and to allow interest for the same at a rate not exceeding six 
per cent, per annum. 

-may establish SECTION 4. The said City is hereby authorized to establish 

oy-Iaws under j */ ^ 

this act. any by-laws and ordinances, not repugnant to the laws of this 

Commonwealth, which may be required for the purposes of 
this act. 
•Subject to Section 5. This act shall be subject to amendment, alter- 

repeai. atioii Or repeal, at the pleasure of the legislature. 

Approved April 27, 1869. 
Chap. 208 An Act to provide for adjournments of courts of county 

COMMISSIONERS, FROM ONE SHIRE TOWN TO ANOTHER. 

Be it enacted, §r., as follows : 
County com- SECTION 1. County Commissioners in their several counties 

inissioners may .^. ,,..,•' , ii-i- i i n 

adjourn court may, 11 in tlicir juagmeiit the public business demands, ad- 
town!*^''*^^^'^"^*^ journ an established term or meeting from one shire town to 
another in the same county ; and persons and processes 
required to appear at, or to be returned to the established 
term or meeting, shall appear at, be returnable to, and have 
day in the adjourned term or meeting. 

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

Approved April 27, 1869. 
Chap. 209 An Act to authorize the franklin telegraph company to 

ISSUF, BONDS. 

Be it enacted, Sfc, as follows : 
May borrow SECTION 1. The Franklin Telegraph Company may borrow 

i^s^u'lfbonds. money to an amount not exceeding two hundred thousand 

dollars, and issue bonds therefor, in sums not less than one 

hundred dollars each, payable within ten years, with interest 
May mortgage semi-aiiiiually ; and to secure the payment thereof, may 
a?°ea!rit'y^or' mortgage its liucs, equipment, francliise, and any of its 
payment. property, to tbrcc trustees whom it may select. 

Vacancies in SECTION 2. lu casc of a vacaiicy ill tlic uumlicr of trustees 

t'e°eY.'^ '^^ *™^" by death, resignation or otherwise, the remaining trustees or 

trustee may fill all such vacancies. 

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

Approved April 27, 1869. 

Chat). 210 -^^ -^^"^ ''^^ change the NAMK of the new ENGLAND FEMALE 
■^' MORAL REFORM SOCIETY. 

Be it enacted, Sfc, as follows : 

Name changed SECTION 1. The Ncw England Female Moral Reform 
KrRlform'^ Society shall take the name of the New England Moral 
Society. Reform Society. 

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

Approved April 27, 1869. 



1869.— Chapters 211, 212. 545 

Ax Act to authorize the stoughtox branch railroad cor- QJia/n, 211 

rORATION TO TAKE LAND IN STOUGIITON. ^' 

Be it enacted, t^'c, as follows : 

Section 1. The Stoughton Branch Railroad Corporation May take land 
is hereby authorized to purchase or otherwise take so much for^depft'pu^- 
land in Stoughton, not exceeding one acre, and such mate- p°^*^^- 
rials as may be upon the land so purchased or taken, as the 
said corporation sliall deem necessary or expedient for depot 
or station purposes : provided, said corporation sliall not take Proviso, 
any land of the Easton Branch Railroad Corporation without 
its consent. 

Section 2. Said corporation shall, in relation to such land, rowers and du- 
be entitled to all the rights and privileges and subject to all 
the duties, liabilities and restrictions set forth in the general 
laws relating to such corporations. 

Section 3. All persons who shall sustain any damage in Damages, 
their property by the taking of such land or materials, 
shall have all the rights and remedies given by tlie general 
laws. 

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

Approved April 27, 18G9. 



Chap. 212 



An Act to authorize the boston and Albany railroad com- 
pany TO FILL UP certain LANDS AND FLATS AND TO ERECT 

buildings on the same. 
Be it enacted, §r., as follovjs : 

Section 1. The Boston and Albany Railroad Company Mny ah docks 
are hereby authorized to fill up the lands, wharves, docks v") ed"by cnind 
and flats which are described in and were formerly conveyed Junction Raii- 



on. 



road, and erect 

by the deed of the Grand Junction Railroad and Depot buildings there- 
Company to Robert G. Shaw, Franklin Haven and Ichabod 
Goodwin, trustees, dated on the first day of July, in tlie 
year eighteen hundred and fifty, and recorded with Suffolk 
deeds libro six hundred and fourteen, folio twenty-three, and 
now belonging to said Boston and Albany Railroad Company, 
and to place and erect on or under the same any solid foun- 
dations, buildings or structures: provided, that all things subject to con- 

J 1 ,1 . , f. ,i 1 rr i. trol of harbor 

done under this act, so far as the same can liave any enect commissioners, 
upon the harbor of Boston, shall be subject to the deter- 
mination and approval of the harbor commissioners, as pro- 
vided 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 impair the legal 
rights of any person ; and provided, further, that this license Provisos, 
may be revoked at any time, and shall expire at the end of 
five years after its taking effect, except so far as valuable 

20 



546 1869.— Chapters 213, 214, 215. 

structures may have been actually and in good faith built 
under the same. 

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

Approved April 27, 1869. 

Chap. 213 An Act in addition to an act to incorporate the eastern' 

MARINE RAILWAY COMPANY IN PRO VINCETOWN. 

Be it enacted, cVc, as follows : 
tionTca^^'tai SECTION 1. The Eastern Marine Railway Company in 
stock. Provincetown, a corporation established hy chapter two 

hundred and eighty-five of the acts of the year eighteen 
hundred and sixty-four, is hereby autliorized to increase its 
capital stock ten thousand dollars, to be divided into shares 
of one hundred dollars each, and no shares shall be issued 
until the full value of each share is paid in in cash. 
Section 2. This act shall take effect upon its passage. 

Approved April 27, 1869. 

Chap. 214 -^N -Act TO REVIVE THE CHARTER OF THE GRAND HOTEL BRANCH 
RAILROAD COMPANY, OF DORCHESTER. 

Be it enacted, Sfc, as follows: 
Charter revived Chapters ouc hundred and thirty-three and three hundred 
and twenty of the acts of the year eighteen hundred and 
sixty-seven are hereby revived, and continued in force, and 
the time for locating the railroad authorized thereby, is 
hereby extended two years ; and for the completion of the 
same, five years from the passage hereof. 

Approved April 27, 1869. 



Chap. 215 An Act to incorporate the charitable tenement association 

-' ' IN THE TOWN OF PEABODY. 

Be it enacted, ^'c, as follows : 

Corporators. SECTION 1. Elijali W. Uptou, Henry Poor, Edward W. 

Jacobs, their associates and successors, are hereby made a 

Name and pur- corporatiou by tlic name of the Charitable Tenement 

P°^®' Association in the town of Peabody, for the purpose of 

providing suitable tenements at cheap rates for destitute, 

Powers and du- elderly pcrsous of said town ; with all the liabilities, duties 
and restrictions set forth in all general laws which now 
are or may hereafter be in force relating to such corpora- 
tions. 

Real and per- SECTION 2. Said Corporation shall have power to hold real 

sonal estate. -, -i i_ ,_ p \\ r ■ ^ ^ t 

and personal estate tor the purposes aioresaid, not cxceednig 
fifty thousand dollars in value. 
Income in ex- SECTION 3. Ill casc thcro sliould at aiiv time be an excess 

cess 01 expend- „. ,. , 'iiii ^• i j. 

itures to be ap- 01 iiicome ovcr expenditures, the same shall bo applied to 



1869.— Chapters 216, 217, 218, 547 

charitable purposes ; and in no event shall dividends of profits piied to cimrita- 

< T ■ '■ ble purposes. 

ever be made. 
Section 4. This act shall take effect upon its passage. 



Approved April 27, 1S69. 



Chap. 216 



An Act to authorize the north woburn street railroad 
company to transport freight over its road, and to lease 

ITS ROAD. 

Be it enacted, ^'c, as follows : 

Section 1. The korth "VVoburn Street Railroad Company May carry 
is hereby authorized to transport freight, in cars built for ^'"s"^*- 
that purpose, over the whole or any portion of its railroad. 

Section 2. Said North Woburn Street Railroad Company May lease road, 
may lease its road or other property to any other railroad 
company, or to any party or parties. 

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

Approved April 27, 1869. 

An Act to incorporate the woodbine cemetery association CJian. 217 
IN the town of dracut. -^* 

Be it enacted, ^'c, as follows : 

Section 1. A. C. Varnum, J. B. V. Coburn, Horatio C. Corporators. 
Marshall, their associates and successors, are hereby made a 
corporation by the name of the Woodbine Cemetery Associa- Name and par- 
tion, for the purpose of establishing and perpetuating a place ^*^*^' 
for the burial of the dead, to be located in the town of 
Dracut ; and shall have all the powers and privileges, and Powers and du- 
be subject to all the duties, liabilities and restrictions set 
forth in chapter twenty-eight of the General Statutes, and 
all laws which now are or may hereafter be in force relating 
to such corporations. 

Section 2. Said corporation may hold real and personal ^eai and per- 
estate necessary and convenient for the purposes aforesaid 
not exceeding in amount five thousand dollars. 

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

Approved April 27, 1SG9. 

An Act in addition to an act for the protection of province QJkjj) 218 

lands in provincetown. ' ' ^ 

Be it enacted, ^-c, as folloivs: 

Section 1. If any person shall, without the consent in Penalty for de- 
writing of the agent to be appointed as hereinafter men- ^aTofiIs*ing*" 
tioned, pull up or destroy any beach-grass, bushes or trees, '^^ro^fnee'ialds 
or remove sods on or from the province lands in Province- in Province- 
town, in the county of Barnstable, or shall use any of the 
said lands for pasturage without consent as aforesaid, he 
shall forfeit and pay the sum of five dollars for the first 
offence, and ten dollars for every subsequent offence, to be 



548 



1869.— Chapter 218. 



Agent to be ap- 
pointed and 
sworn. 



— may grant 
permits to re- 
move trees and 
for pasturage. 



— to receive fee 
for granting 
permit. 



— term of office 
and compensa- 
tion. 



Committee of 
three to be ap- 
pointed to plant 
trees, grass, 
&c., for protec- 
tion of barbor. 



Expense of 
planting grass, 
&c., by whom 
to be borne. 



Town may raise 
money to pay 
for planting and 
for services of 
agent and com- 
ndttee. 



recovered on a complaint before any trial justice for said 
county of Barnstable. 

Section 2. It shall be the duty of the governor, by and 
with the advice and consent of the council, immediately after 
the passage of this act, and in the month of June in each 
year thereafter, to appoint an agent, who shall be an inhabi- 
tant of Provincetown, and who shall be sworn to the faithful 
discliarge of his duty, and who shall prosecute for the penal- 
ties mentioned in the preceding section, and the same when 
recovered shall be for the use of said town ; and the said 
agent may grant written permits to remove trees, sods and 
brush fi'om unexposed or low and swampy places, and also 
for pasturage, when, in his opinion, after he shall have made 
a personal examination of the premises, such permits may 
be granted without causing injury to Cape Cod Harbor, or 
to any public or private property. For such permits granted 
by said agent, he sliall receive from the party obtaining the 
same the sum of one dollar, which shall be paid into the 
treasury of the aforesaid town. Said agent shall hold his 
office for one year, unless sooner removed by the governor 
and council, or until his successor shall be appointed and 
qualified, and he shall receive three dollars for each day's 
actual service, fi'om said town. 

Section 3. The said town of Provincetown shall annually 
elect a committee of three persons, who shall be sworn to the 
faithful discharge of their duty ; and said town is hereby 
authorized to enter by said committee, chosen as aforesaid, 
upon any of the province lands enclosed or unenclosed, for 
the purpose of setting out pines, bushes or grass, whenever 
said committee may deem it necessary for the preservation of 
said harbor or of any highway in said town. 

Section 4. Whenever, in the opinion of said committee, 
it shall become necessary, in consequence of any violation of 
the provisions of this act, to set out pines or beach-grass on 
any lot of said lands enclosed, the expenses thereof shall be 
paid by the person or persons in the occupancy of the same ; 
and in case of refusal by any occupant to pay such expense, 
it may be recovered by said committee in an action of contract 
in any court proper to try the same. 

Section 5. The said town of Provincetown is hereby 
empowered to raise annually such sum of money as may be 
deemed necessary to defray the expenses of planting pines 
and setting out beach-grass on said province lands, and to 
pay the aforesaid agent and committee for the services by 
them rendered ; and any sums raised for these purposes shall 
be assessed and collected as other taxes now are. 



1869.— Chapters 219, 220. 549 

Section 6. So much of chapter two hundred^ and sixty- Kepeai. 
one of the acts of the year eighteen hundred and fifty-four, 
and all other acts and parts of acts inconsistent with the 
provisions of this act, are hereby repealed ; but nothing in 
this act contained shall be construed as repealing sections 
eight and nine of said chapter two hundred and sixty-one, 
or any portion of section twelve of chapter one hundred and 
fifty-four of the General Statutes. Approved May 1, 1869. 

An Act to confer upon probate courts certain authority QJkiy), 219 

IN relation to the estates of wards. ^ ' 

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

Section 1. Probate courts, after notice to all persons Probate courts 
interested, may authorize guardians to purchase and obtain ^fanuans'to^^ 
the release and conveyance of any right of dower, home- ofin'ter'jfirfn*' 
stead, life estate, estate for years, or any interest, vested or real estate of 
contingent, held, possessed or owned by any person, in or to 
any real estate of their wards, and to make any contract for 
or concerning said rights or interests necessary to effect such 
purchase and provide for the payment of the consideration 
thereof, or the performance of any condition thereof; and ~f^e° st* te*^*^'!- 
also to bind the said estates of their said wards by mortgage wards. 
or otherwise, for the purpose aforesaid, when it shall appear 
to said court to be for the interest of said wards. 

Section 2. In every mortgage, executed under the pro- Mortgage to set 
visions of this act, the guardian shall set forth in the mort- ex'ecuteci by^^^ 
gage that tlio same Avas executed by leave of the court, and le'ive of court. 
the date when such leave was granted ; and such mortgage, 
when executed, shall bind the estate of the ward only, and 
shall not interfere with the proper settlement of the estate 
by such guardian. 

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

Approved May 1, 1S69. 

An Act to incorporate the barre savings bank. Chap. 220 

Be it enacted, Sfc, as follows : 

Section 1. Charles Brimblecora, Hiram Wadsworth, corporators. 
Geoi'ge Brown, their associates and successors, are hereby 
made a corporation by the name of the Barre Savings Bank, Name. 
to be located in the town of Barre ; with all the powers and Powers and du- 
privileges, and subject to all the duties, liabilities and restric- 
tions set forth in all general laws which now are or may 
hereafter be in force in this Commonwealth relating to insti- 
tutions for savings. 

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

Approved May 1, 1869. 



550 1869.— Chapters 221, 222, 223, 224. 

Chap. 221 'A.N Acf TO INCORPOKATE THE GROVELAND SAVINGS BANK. 

Be it enacted, ^c, as follows : 
Corporators. SECTION 1. N. H. Griffith, Nathaniel Ladd, E. T. Curtis, 

tlieir associates and successors, are hereby made a corpora- 
Name, tion by the name of the Groveland Savings Bank, to be 
Powers and.tiu- located in tho town of Groveland ; 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 may 
hereafter be in force relating to savings banks and institu- 
tions for savings. 

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

Aj)proved May 1, 1869. 

Chap. 222 ■^'^ ^^"^ "^^ INCORPORATE THE HAMPSHIRE SAVINGS BANK. 

Be it enacted, §'c., as folloics : 

Corporators. SECTION 1. Lukc Lyman, Henry A. Longley, A. Perry 

Peck, their associates and successors, are hereby made a 

Name. Corporation by the name of tlie Hampshire Savings Bank, 

Powers and ciu- to be locatcd in the town of Northampton ; 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 May 1, 1869. 

Chap. 223 ■^'^ -^^T to incorporate the SOUTH ADAMS SAVINGS BANK. 

Be it enacted, ^'c, as follows: 

Corporators. SECTION 1. L. L. Browu, H. J. Bliss, H. T. Crandall, 

their associates and successors, are hereby made a corpora- 
Name, tion by the name of the South Adams Savings Bank, to be 
Powers and du- located ill the towu of Adams ; with all tlie powers and 
privileges, and suiject to all the duties, liabilities and restric- 
tions set forth in all general laws which now are or may 
hereafter be in force, relating to institutions for savings. 
Section 2. This act shall take effect upon its passage. 

Approved May 1, 1869. 

Chap, 224 -A.N Act to INCORPORATE THE CHELSEA YOUNG MEN'S CHRISTIAN 

ASSOCIATION. 

Be it enacted, ^'c, as follows : 

corporjitors. SECTION 1. Alfred Blauchard, James B. Rogers, John H. 

Roberts, their associates and successors, are hereby made a 
Name and pur- corporation by the name of the " Clielsca Young Men's 
^^^' Christian Association," to be located in the city of Chelsea, 

for the purpose of improving and promoting the spiritual 



1869.--CHAPTERS 225, 226, 227. 551 

■welfare and mental culture of young men; with all tlie rowers and du- 
jiovvers and privileges, and subject to all the duties, liabilities 
and rcstiictions 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 fj^f^'^e^ta^^''' 
estate, not exceeding fifty thousand dollars in value, for the 
purposes aforesaid. 

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

Approved May 1, 1869. 

An Act to incorporate the asiiby reservoir company. Chap. 225 
Be it enacted, iVc, as follows : 

Section 1. John Davis, Lyman Sawin, Charles H. Osgood, corporators, 
their associates and successors, are hereby made a corpora- 
tion, to be located in the town of Ashby, by the name of the Name and pur- 
Ashby Reservoir Company, for the purpose of constructing ^°^^' 
and maintaining a reservoir or reservoirs of water, in Wil- 
lard Brook, so called, in the town of Ashby, for the supply 
of the mills now or hereafter to be situated on said stream : 
providecU however, that all reservoirs hereafter constructed rroviso. 
shall be located between the existing reservoir and the mills 
of the above named corporators ; with all the powers and Y^^^p^^ ^°^^ ^^' 
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 fJ'^ ' A" + ^*''"" 
estate necessary and convenient for the purposes aforesaid ; 
but its whole capital stock shall not exceed fifteen thousand Capital stock 
dollars, which shall be divided into shares of one hundred 
dollars each. 

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

Approved JMay 1, 1869. 
An Act concerning the north attleborough branch railroad CJiaj). 226 

COMPANY. "* 

Be it enacted, &;c., as folloivs: 

Section 1. The time for locating and constructing the North Time forioca- 
Attleborough Branch Railroad is hereby extended to the first stmcHon ex- 
day of May, in the year eighteen hundred and seventy-two. tended. 

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

Approved May 1, 1869. 

An Act concerning the wrentham branch railroad company. QJiap. 227 

Be it enacted, ^'c, as folloivs: 

Section 1. The time for locating and constructing the Time for loca- 
Wrentham Branch Railroad is hereby extended to' the first s'tructi"onTx-" 
day of May, in the year eighteen hundred and seventy-two. tended. 

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

Approved May 1, 1869. 



552 



1869.— Chapters 228, 229, 230. 



Special meet- 
ings of proprie- 
tors. 



Chap. 228 -^.X Act IX ADDITION TO AN ACT TO INCORPORATE THE PROPRIE- 
TORS OF FOREST HILLS CEMETERY. 

Be it enacted, ^^c, as follows : 

Section 1. Special meetings of the proprietors of Forest 
Hills Cemetery shall be called by the trustees, whenever fifty 
proprietors of lots shall, in writing, request the trustees so to 
do. Such request shall state specifically the objects of the 
meeting, and such objects shall be stated in the notices of 
the meeting, which shall be given by the trustees in the 
manner provided in section six of the act incorporating said 
proprietors. 

Section 2. Any trustee of said corporation may be removed 
from his ofiice, at any meeting of the proprietors called for 
that purpose, by a vote of two-thirds of the proprietors 
present or represented and voting at such meeting, but such 
two-thirds shall be not less than two hundred and fifty votes ; 
and before such vote is taken any such trustee shall have an 
opportunity to be heard, and to make any statements in his 
own defence. Approved May 1, 1869. 



Trustees may 
be removed by 
a two-thirds 
vote. 



Chap 



Deed con 
firmed. 



.229 ^"^ ■^^'^ '^O CONFIRM THE DEED OP THE SOMERVILLE IRON COMPANY 
TO AVILLIAM R. BRADFORD. 

Be it enacted, Sfc, as folloivs : 

The deed of the Somerville Iron Company to William R. 
Bradford, bearing date the thirty-first day of March, in the 
year eighteen hundred and sixty, and recorded with Middle- 
sex South District deeds, book eight hundred and thirty-six, 
at page one hundred and forty, is hereby confirmed and 
made valid to the same extent as said deed would have been 
valid had the same been duly acknowledged as the free act 
and deed of said company. Approved May 1, 1869. 

Chap. 230 -^^ ^^"^ '^*^ CHANGE THE NAME OF THE ROWE STREET BAPTIST 
^ SOCIETY. 

Be it enacted, §'c., as follows : 

Name changed SECTION 1. The Rowc Street Baptist Society in Boston, 
street'^Bapfet incorporated the twenty-first day of February, in the year 
Society. eighteen hundred and thirty-four, under the nan^e of The 

Fedei'al Street Baptist Society, which name was changed to 
The Rowe Street Baptist Society by act approved on the 
seventh day of April, in the year eighteen hundred and 
forty-seven, shall be known and called by the name of The 
Clarendon Street Baptist Society, and as such shall hold and 
possess all the property and be entitled to all the rights and 
privileges and subject to all the liabilities of said Rowe Street 
Baptist Society. 

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

Approved May 1, 18G9. 



1869.— Chapters 231, 232. 553 

An Act to incorporate the "heywood rattan company." Chop. 2S1 

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

Section 1. Levi Heywood, Calvin Heywood, Charles corporators. 
Heywood, their associates and successors, are hereby made 
a corporation by the name of the Heywood Rattan Company, Name and pur- 
for the purpose of mmufacturing rattan goods, in the town ^°^^' 
of Gardner ; with all the powers and privileges, and subject Powers aud du- 
to all the duties, restrictions and liabilities set forth in all 
general laws which now are or may hereafter be in force 
relating to manufacturing corporations. 

Section 2. Said corporation may hold, for the purposes Real estate, 
aforesaid, real estate to the amount of twenty thousand 
dollars; and the whole capital stock shall not exceed two capital stock 
hundred thousand dollars, to be divided into shares of one ''^'^'^ '''^^'■*^^- . 
hundred dollars each : provided, hoivever, that said corpora- Proviso, 
tion shall not go into operation or incur any liability until 
the sum of one hundred thousand dollars of its capital shall 
have been paid in in cash. 

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

Approved May 1, 1869. 

An Act to authorize albion k. p. welch and associates to C/idp. 232 

MAINTAIN AND USE A LINE OF ELECTRIC TELEGRAPH. ■' ' ^ 

Be it enacted, Sj'c, as follows : 

Section 1. Albion K. P. Welch and Marslial T. Bigelow, corporators, 
both of Cambridge, copartners under the firm name of Welch, 
Bigelow and Company ; James T. Fields, James R. Osgood and 
John S. Clark, all of Boston, copartners under the firm name 
of Fields, Osgood and Company, and the Reversible Collar 
Company, a corporation by law established in this Common- 
wealth, the owners of a line of electric telegraph, heretofore 
by them erected, between and connecting the place of busi- 
ness of the said Welch, Bigelow and Company in Cambridge, 
and the place of business of the said Fields, Osgood and Com- 
pany in Boston, and between and connecting the places of 
business of the said Reversible Collar Company in Boston 
and in Cambridge, are hereby authorized to maintain and Maymaintaiu 
use the said line of electric telegraph, for their private busi- teiegraphune.^ 
ness purposes, with such number of wires as may be necessary 
or convenient therefor. 

Section 2. The said Welch, Bigelow, Fields, Osgood and To inform 
Clark, and the said Reversible Collar Company, shall, within aldermen of 
sixty days after the passage of this act, furnish the mayor posts°arrioca- 
and aldermen of the city of Boston with a writing, specifying t^ed, height, &c., 
wliere the posts are located, and tlie height at which and the 
places where the wires are run, of that part of the said line 

21 



554 



1869.— Chapter 232. 



Mayors and al- 
dermen of Bos- 
ton and Cam- 
bridge may 
regulate erec- 
tion of posts, 
wires, &c. 



To furnish located within the said city: and they shall, within said sixty 

Cambridge with .ii tit ni • n r^ 

similar iufor- dajs, lurnish the mayor and aldermen oi the city or Cam- 

maiou. bridge with a like writing containing the same specifications 

as to that part of said line located within the said city. 

Such specifications shall be recorded in the records of the 

said cities, respectively. 

Section 3. The mayor and aldermen of the city of Boston, 
having first given the owners of the said line an opportunity 
to be heard, may direct any alteration in the location or erec- 
tion of the posts, piers or abutments, and in the height of the 
wires, or the removal of the same from the public streets, 
within the said city ; and the mayor and aldermen of the city 
of Cambridge shall have like power over and as to that part 
of the said line located within the said city of Cambridge. 
Such decision shall be recorded in the records of the city 
within which such alteration is directed to be made. 

Section 4. An 'owner of land near to or adjoining any 
highway or road along which said line is constructed, who 
considers himself injured thereby, may, within nine months 
after the passage of this act, apply to the mayor and alder- 
men of the city within which his land lies, to assess and 
appraise his damage. Before entering upon the service, the 
mayor and aldermen shall severally bo sworn faithfully and 
impartially to perform the duties required of them by this 
section. They shall, on view, after giving an opportunity to 
the applicant and to the owners of said line to be heard, 
make a just appraisal in writing of the loss or damage, if 
any, to the applicant; sign duplicates thereof, and on demand 
deliver one copy to the applicant and the other to the owners, 
or either of them, of the said line. If damages are assessed, 
the owners of the said line shall pay the same with the costs 
of the appraisers. If the appraisers award that the applicant 
has suffered no damage, he shall pay the costs of the appraisers. 
The mayor and aldermen shall each receive for services per- 
formed, under this section, two dollars a day. 

Section 5. Any person aggrieved by the assessment of 
his damages may have the matter determined by a jury, and 
the proceedings sliall be according to the provisions of section 
seventy-three of chapter forty-three of the General Statutes, 
concerning town ways and private ways. If the jury increase 
the damages, the same and all charges shall be paid by the 
owners of the said line ; otherwise the charges shall be paid 
by the applicant. 

Section 6. When an injury is done to a person or to 
&c., how recov- property by the posts, wires, or other apparatus of the said 
whom"tobe liuc, the owucrs thereof shall be responsible in damages to 

paid. 



Owner of land 
near highway 
may apply to 
mayor and 
aldermen for 
assessment of 
damages. 



Assessment 
and payment 
of damages. 



Compensation 
of mayor and 
aldermen. 

Parties ag- 
grieved may 
have damages 
assessed by a 
jury. 



Costs. 



Damage.? by 
posts, wires. 



1869.— Chapters 233, 234. 555 

the party injured, and all damages and costs recovered against 
either the city of Boston or the city of Cambridge, on account 
of such injury, shall be re-imbursed to such city by the owners 
of said line. 

Section 7. No enjoyment by the owners of said line for Owners of line 

•"^ not to ootiiiii 

any length of time of the privilege of having or maintaining easements per- 
telegraph posts, wires or apparatus, in, upon, over, or ^^^'^^^ ^^ 
attached to, any buildings or lands of other persons, shall 
give a legal right to the continued enjoyment of such ease- 
ment, or raise any presumption of a grant thereof. 

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

Approved May 1, 1869. 

An Act concerning the north adams water company. Chap. 233 
Be it enacted, Sfc, as follows : 

Section 1. The town of North Adams is hereby author- Town of North 
ized to assess and collect upon the estates, real and personal, fire'*<iistrict^of ^ 
in the fire district of North Adams, all taxes necessary to forprindpar 
pay the principal and interest of the notes, scrip and certifi- ^"^'Jg'"*|gj[jf °^ 
cates issued and loaned under the authority of chapter one 
hundred and ninety-one of the acts of the year eighteen 
hundred and sixty-four, and chapter fifty-four of the acts of 
the year eighteen hundred and sixty-seven. 

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

Approved May 1, 1SG9. 

An Act to iNCORroRATE the turner's falls pulp company. Chap. 234 
Be it enacted, SjX., as follotvs : 

Section 1. Alberto Pagenstecker, Edwin Bulkley, Alvah corporators. 
Crocker, their associates and successors, are hereby made a 
corporation by the name of the Turner's Falls Pulp Com- Name and pur- 
pany, for the purpose of manufacturing paper pulp from ^^^^' 
wood and other fibrous substances at Turner's Falls in the 
town of Montague; with all the powers and privileges, and Powers and du- 
subject to all the duties, restrictions and liabilities set forth 
in all general laws which now are, or may hereafter be 
in force in this Commonwealth applicable to such corpora- 
tions. 

Section 2. Said corporation may hold real estate to the Reai estate. 
amount of one hundred thousand dollars, and the whole capital stock 
capital stock of said corporation shall not exceed three hun- ^^'^ shares. 
dred thousand dollars, divided into shares of one hundred 
dollars each : provided, however, that said corporation shall Proviso, 
not incur any liability or go into operation until fifty thou- 
sand dollars shall have been paid in in cash. 

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

Appiroved May 6, 1869. 



556 1869.— Chapters 235, 236, 237. 

Chap. 235 -^^ -^CT for the protection of trout in AVERY BROOK, IN THE 

TOWNS OF CHARLEMONT AND HEATH. 

Be it enacted, ^'c, as folloivs : 
^Tr,^ ?°*J° "^^ Section 1. Whoever, without a written license from the 

taken irom ' ., . •, 

Avery Brook owncrs Or Icssecs of Averj Brook, or its tributaries, takes 
' any trout therefrom within the limits of either of the towns 
Penalty. of Chai'lemont or Heath, shall forfeit and pay a fine of twenty- 

five dollars for every such offence, to be recovered before any 
trial justice, or in any court of record in the county of 
Franklin. 
fcf and its ^^'in- SECTION 2. The forcgoiug section shall be without effect 
aitiestobepost- uulcss the owiicrs or Icssecs aforesaid shall erect and main- 
brook."^^ '^*^^''° tain notices of this act and its penalties, painted or engraved 
in clear, legible letters ; said notices to be erected within one 
hundred rods of each other throughout the entire length of 
said brook and its tributaries, and on or near the banks 
thereof, within the boundaries of the aforesaid towns, 
fodni'^notices!' SECTION 3. WhoGvcr dcsti'oys, injurcs or defaces any such 
notices so erected, shall forfeit and pay for every such offence 
a fine of twenty-five dollars, to be recovered in the same man- 
ner as provided in section one in this act. 

Approved May 6, 1869. 

Chap. 2^6 



An Act concerning pilotage. 

Be it enacted, t^'c, as folloivs : 
Repeal of 1802, SECTION 1. Scctiou sevcuteeii of chaptcr one hundred 
^'^' ^ ^'^' and seventy-six of tlie acts of the year eighteen hundred and 

sixty-two is hereby repealed. 
General regiiia- SECTION 2. The general regulation for pilotage in this 
fifteen, re-en- Commonwcalth, numbered fiftccii ill the schedule contained 
^^^^^' in said chapter, is hereby re-enacted. 

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

Approved May 6, 1869. 

Chan 237 -^^ -^^^ '^^ authorize cities and towns to take earth and 

■^ ' gravel FOR THE CONSTRUCTION AND REPAIR OF WAYS. 

Be it enacted, §'e., as follows : 
May lay out SECTION 1. The mayor and aldermen of cities, and the 

and ciayf!ius^ Selectmen of towns, may select and lay out any lots -of land 
pai'^r^nglt^ets^' withiu their respective limits, not appropriated to public 
uses, nor owned by any other city or town, as gravel and 
clay pits, from which eartli and gravel necessary to be used 
in the construction, repair or improvement of the streets or 
ways which such city or town may by law be bound to con- 
May lay out struct or keep in repair, may be taken, together with such 
trpi^ts!"^ ^'^'^^^^ ways as they may deem to be necessary for convenient access 



1869.— Chapter 238. 557 

thereto. All proceedings in relation to the taking and lay- same procoed- 
ing out of such land, shall be the same as are now provided "ut mgLways"^ 
by law in the cases of laying out streets and town ways 
respectively ; and the report of such laying out shall specify Extent of exea- 
the extent and depth of excavation to be permitted upon tld'tob'e%"eci- 
such land, and the time, not exceeding ten years next after ''*^''- 
such laying out, during which such land or way shall be 
held and used for the purposes aforesaid. 

Section 2. Any person aggrieved in the assessment of his Damages, how 
damages by the board of mayor and aldermen, or selectmen, ed. ^ ^ ^'"'i^i^- 
for land taken under this act, may have the matter of his 
complaint determined by a jury, in the same manner as is 
now provided by law in cases of highways, which jury shall 
be applied for within one year after such assessment. 

Section 3. 'Any land taken by virtue of this act, shall be Land taken to 
held and used by such cities or towns for no other purposes pu,!|)o*sts°speci' 
than those herein specified, and shall revert to the owner, yerud'owner' 
his heirs, and assigns, upon the expiration of the time at expiration of 

T. •, -, n j-i a ' i. .i. ,,. 1 the time limit- 

limited ; and the owner may, durmg such tune, enclose, ed. 
occupy and use such land, in any manner not inconsistent 
with the use of the same by such city or town for the pur- 
poses aforesaid. 

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

Ajjproved May 6, 18G9. 

An Act to authorize the Vermont and Massachusetts rail- Qhffn 938 

ROAD COMPANY TO ISSUE BONDS, AND TO CONFIRM ITS PURCHASE ^' 

OF THE turner's FALLS BRANCH RAILROAD. 

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

Section 1. The Vermont and Massachusetts Railroad May issue 
Company is hereby authorized to issue bonds, not exceeding at holder" op- 
two hundred thousand dollars in amount, payable at such converted i*nto 
times as may be fixed therein, not exceeding twenty years capital stork. 
from their respective dates, with interest not exceeding the 
rate of seven per cent, per annum, free of United States in- 
ternal revenue tax, payable semi-annually, and with the 
right of the holders to convert said bonds, at the holder's 
option, into the capital stock- of said company at the par 
value of such stock and bonds, at such time and on such 
terms as may be fixed in said bonds. 

Section 2. The whole or any portion of said bonds may May issue 
be issued without such right of conversion. rightVf conveV 

Section 3. The transfer made by the Turner's Falls xra^Jsfer by 
Branch Railroad Company of all their property, right and Turner's Faiis 
franchise perpetually to the said Vermont and Massachusetts road company 
Railroad Company, under the authority of an act to incor- ^°'»fl''™*^^- 



558 



1869.— Chapters 239, 240, 241. 



May pay for 
construction 
out of income 
or with bor- 
rowed money. 



Time for loca- 
tion and con- 
struction ex- 
tended. 



Additional cor- 
porators. 



porate the Turner's Falls Branch Railroad Company, passed 
on the tenth day of February, in the year one thousand eight 
hundred and sixty-six, is hereby confirmed. Said Vermont 
and Massachusetts Railroad Company is hereby authorized 
to locate, construct, maintain and operate the railroad 
authorized by said act, and to take land therefor, and to 
have and enjoy all the rights and privileges under said trans- 
fer and act and any act in addition thereto, which said 
Turner's Falls Branch Railroad Company might otherwise 
have and enjoy, and to pay for the location and construction 
of said railroad by borrowing money therefor, or out of in- 
come, without the creation of any new capital stock specifi- 
cally for that purpose. Approved May 6, 1869. 

Chap. 239 -A-n Act to extend the time for locating anb constructing 

THE NORTHAMPTON AND SIIELBURNE FALLS RAILROAD. 

Be it enacted, ^-c, as follows : 

Section 1. Tlie time for locating and constructing the 
railroad of the Northampton and Shelburne Falls Railroad 
Company is hereby extended to the first day of June, in the 
year eighteen hundred and seventy-four. 

Section 2. Joseph Griswold, Samuel D. Bardwell and 
John Sprague are hereby associated with the original cor- 
porators named in chapter sixty-five of the acts of the year 
eighteen hundred and sixty-one. 

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

Approved May 6, 1869. 

. 240 -^^ -^^^ '^^ EXTEND THE TIME FOR LOCATING AND CONSTRUCTING 
THE NORTH ADAMS AND BENNINGTON RAILROAD. 

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

Section 1. The time for locating and constructing the 
North Adams and Bennington Railroad is hereby extended 
to the first day of May, in the year eighteen hundred and 
seventy-five. 

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

Approved May 6, 1869. 

241 -A-N Act concerning the fitchburg railroad passenger sta- 
tion AT CAMBRIDGE. 

Be it enacted, ^'c, as follows : 

Section 1. The Fitchburg Railroad Company is hereby 
authorized to abandon its present passenger station in Cani- 
ne w^sutlon!*^*^* bridge, and to erect a new passenger station across its rail- 
road tracks, adjacent to the North Avenue Railroad Bridge, 
and to so construct said station that it may be entered from 
the grade of said bridge. 



Chap 



Time for loca 
tion and con- 
struction ex- 
tended. 



Chap. 



May abandon 
passeiitrcT sta- 
tion in Cam- 



1869.— Chapter 242. 559 

Section 2. Said railroad company is also hereby author- May take land 
ized to locate and take between said North Avenue Bridge o" raVoad.'' 
and the bridge over said railroad next below and easterly 
from said North Avenue Bridge, whatever land, upon either 
or both sides of said railroad, not exceeding twenty feet in 
width, may be required for railroad purposes : provided, rroviso, 
hoivever, that no additional tracks shall be laid down be- 
tween said bridges. And all damage sustained by any person, 
corporation, city or town by the taking of land or of any high- 
way or part thereof, shall be assessed in the manner pro- 
vided in the taking of land by railroad corporations. And 
said railroad shall continue subject to the same duties, re- 
strictions and liabilities as heretofore. Approved May 6, 18G9. 

An Act to revive the charter of the williamstown and QJiap. 242 

HANCOCK RAILROAD COMPANY, OTHERWISE CALLED THE LEBANON " 

SPRINGS RAILROAD COMPANY, AND FOR OTHER PURPOSES. 

Be it enacted, §'c., as follows : 

Section 1. Chapter one hundred and forty-six of the charter re- 
acts of the year eighteen hundred and fifty-two, entitled ^'^*^*^' 
" An Act to incorporate the Williamstown and Hancock 
Railroad Company," is hereby revived ; and all the fran- Actof consoii- 
chises, rights, powers, authorities, privileges, immunities and elation revived, 
property, granted by chapter one hundred and sixty-eight of 
the acts of the year eighteen hundred and fifty-three, en- 
titled an act to authorize the consolidation of the Williams- 
town and Hancock Railroad Company with the Lebanon' 
Springs Railroad Company are hereby revived and re-granted 
to said company as fully as if the said company had com- 
plied with the conditions mentioned in the said acts. 

Section 2. Said company is empowered to locate, con- Maybuiid 
struct and maintain a branch road, with one or more tracks, unite wfth 
from some convenient point on its line in Williamstown in a^id'N.'Adams 
Berkshire County, to and into the town of Adams in said Railroad, 
county, and may with its road, enter upon, unite with and 
use the railroad of the Williamsburg and North Adams 
Railroad Company. 

Section 3. The towns of Adams, Williamstown and Han- Adams, wn- 

. -7 , . i. 1 1 lianistown and 

cock are hereby severally authorized, when so votuig at legal Hancock may 
town meetings, duly called for the purpose, to subscribe for lu'^Lebanon 
and hold shares in the capital stock of said Lebanon Springs ^^'^^"S' ^^'^'■^- 
Railroad Company, to an amount not exceeding five per 
centum of the assessed valuation of said towns respectively ; 
and said towns may pay for such shares, so voted to be taken, 
out of their respective treasuries, and are hereby authorized 
to raise by loan upon bonds, or tax or otherwise, any and all 



560 



1869.— Chapter 243. 



Selectmen or 
agents to repre 
sent towns at 
meetings of 
company. 



Roafls may be 
consolidated 
under name of 
Williamsburg, 
North Adams 
and Lebanon 
Springs Rail- 
road. 



Additional 
corporators. 



Time for loca- 
tion and con- 
struction ex- 
tended. 



sums of money which may be necessary to pay for the same, 
and may hold and dispose of the same in the same manner 
as in case of other town property. 

Section 4. The selectmen of said towns of Adams, 
Williamstown and Hancock respectively, or any agent or 
agents chosen by said towns for the purpose, shall have 
authority to represent said towns respectively at any and all 
meetings of said Lebanon Springs Railroad Company, and 
said towns so represented are hereby authorized to vote on 
the whole amount of the stock held by said towns respec- 
tively, anything in the sixty-third chapter of the General 
Statutes to the contrary notwithstanding. 

Section 5. The said Lebanon Springs Railroad Company 
and the said Williamsburg and North Adams Railroad Com- 
pany are hereby authorized to consolidate and merge and 
become one corporation by the name of the Williamsburg, 
North Adams and Lebanon Springs Railroad Company, 
wheneverthe stockholders of the said companies respectively 
shall, at legal meetings duly called for the purpose, vote so 
to do. And by virtue of such merger and consolidation 
when so voted, all the franchises, rights, powers, authorities, 
privileges, immunities and property of the said companies 
respectively, shall be held and enjoyed by all the stockhold- 
ers in proportion to the number of shares or amount of pro- 
perty held by them respectively in either or both of said 
companies. 

Section 6. Henry L. Sabin, Benjamin F. Mills, Levi L. 
Brown and Sylvander Johnson are hereby associated with 
the original corporators in the acts hereby revived. 

Section 7. Tlie time within which said Lebanon Springs 
Railroad Company was ordered to be located and constructed, 
is hereby extended to the first day of June, eighteen hun- 
dred and seventy-four. 

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

Approved May 6, 1869. 



Chap. 243 An Act to authorize the town of stockbridge to take stock 

IN THE LEE AND NEW HAVEN RAILROAD COMPANY. 

Be it enacted, ^'c, as follows: 

stockbridge Section 1. The town of Stockbridge is hereby authorized 

hlYee^andNew to subscribc for and hold shares in the capital stock of the 
r^ad^° ^^^'^" Lee and New Haven Railroad Company, to an amount not 
exceeding thirty thousand dollars, and to pay for the same 
out of the treasury of the town, and is hereby authorized to 
raise by loan, tax or bonds such sums of money as may be 
necessary to pay for the same, and may hold and dispose of 



1869.— Chapter 244. 561 

tlie same like other town property : provided, that a majority Proviso. 
of the legal voters of said town, present and voting at a legal 
meeting called for that purpose, shall vote to make such 
subscriptions. 

Section 2. The said town of Stockbridge may appoint a committee to 
committee, who shall subscribe in behalf of the town for stock ami vote 
such number of shares in the capital stock of said company okno^ckSers^ 
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 company, at the first meeting of the stock- 
holders thereof called for that purpose, and held next after 
such appointment ; and thereafter the vote of said town, in 
the choice of directors of said company, shall be cast by the 
person or persons whom said town may designate. 

Section 3. The said town of Stockbridge may vote to Town may 
make such subscriptions, upon condition that the amount HonaiTubscrip- 
thereof shall be laid out and expended upon any portion of tiou for stock. 
the road of said company, or any branch thereof, as the said 
town may designate. 

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

Approved May 6, 1869. 

An Act concerning a free bridge from Sunderland to deer- CIlCip. 244 

FIELD. "' 

Be it enacted, ^'c, as folloics : 

Section 1. The county commissioners of the county of commissioners 
Franklin may lay out and construct a public highway and county may 
bridge, with suitable approaches, across the Connecticut acroL'^colnec- 
River, in the towns of Deerfield and Sunderland, at such ^^jjiiin o',ie'miie 
place as they shall deem most expedient, within one mile of of sunderiand 
the present location of the bridge belonging to the Proprie- 
tors of Sunderland Bridge, a corporation chartered by chap- 
ter thirty-eight of the acts of eighteen hundred and eleven ; 
and if they shall deem it expedient, may lay out as such —may lay out 
highway, said bridge, with the abutments, approaches and Brldg'e'aTa 
ways leading thereto, belonging to said corporation, and there ^^o^way. 
construct such public bridge. 

Section 2. Said county commissioners may purchase, if -in'iypi'"<'i\'ise 

. ,^^•^ -IT • 1 -i. • property and 

in their judgment public convenience and necessity require, materials in old 
may take and use, for the above purposes, all or any property " °'^' 
and materials in the old bridge belonging to said corporation ; 
and the damages caused by such laying out and constructing 
such highway and bridge, and by the taking and using of 
such property and materials, shall be estimated and paid in 
the same manner and with the same rights and remedies to 
all parties interested, as is provided in chapter forty-three of 
the General Statutes in case of damage sustained by persons 
22 



562 1869.— Chapter 244. 

—may use the jq their property by the laying out of highways. And said 
pledge credit county commissioners may use the money and pledge the 
county!'^^'^ credit of the county of Franklin as they shall deem necessary 

and proper to meet all expenses under this act. 
bifiidhf^and Section 3. All expenses incurred under this act, includ- 

niaiiitariiing, ing all cxpcnscs of maintaining and keeping in repair said 
paid. ""^ " ® bridge when completed, shall be borne and paid by the county 
of Franklin and such towns in the several counties of Frank- 
lin and Hampshire, in such proportions and in such manner 
as shall be determined under the following provisions. 
Commissioners SECTION 4. Whcu sucli highway and bridge are completed, 

to 06 UpDOintCQ czJ •z O 1 ' 

to apportion ex- and as soou as their full cost is ascertained, said county corn- 
county and*^'^'^ missioners shall file their report of the fact, together with the 
towns. amount of such cost, including all sums paid for damages, 

in the office of the clerk of the supreme judicial court for 
the county of Franklin ; whereupon, and upon the applica- 
tion of either of said county commissioners or any party 
interested, said court shall appoint a board of three commis- 
sioners, who sliall be sworn to the faithful discharge of their 
duties hereunder, and who, after proper notice to and a full 
hearing of all parties interested, shall award and determine 
what proportionate amount of the cost so reported, and also 
what proportionate amount of all expenses of maintaining 
and keeping in repair said bridge and all other expenses 
incurred under this act, shall be borne and paid by the 
county of Franklin and by such towns in the several counties 
of Franklin and Hampshire as they shall award and deter- 
mine will be specially benefited by said bridge ; and they 
shall also award and determine how and by and to whom 
such proportionate amounts shall be paid, 
"ortto^l^j^c Section 5. The determinations and awards of said com- 
missioners, or the majority of them, shall be by them reported 
in writing to the supreme judicial court for the county of 
Franklin ; and upon being accepted by said court, and judg- 
ment or decree entered thereon, shall be binding upon all 
parties named therein, and such proceedings may be had 
upon such judgment oV decree, and to enforce and carry 
into effect the same, as is provided by law in civil cases in. 
—compensation said court. The Compensation and expenses of said commis- 
and expenses, gj^j^g^.g g\^Q\\ ]jq paid in such manner as they shall determine, 
subject to the approval of the supreme judicial court; and 
all matters and things provided by this act to be done in or 
by the supreme judicial court, except the final judgment or 
decree, may be done by any justice of said court as well in 
vacation as term time. 



1869.--CHAPTER 245. 563 

Section 6. The towns of Sunderland and Deerfield shall, simderiand and 

,.111. IIP 1 .. n i/»i- Deerfield liable 

respectively, be liable tor damages arising irom detects in for damages 
the portions of said bridge and its abutments which shall lie briSle.^^*^*^'^ ^^ 
or be in said respective towns, in like maui^er as in case of 
defects in highways. 

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

Approved May 6, 1869. 
An Act in addition to an act to establish the city of Chap. 245 

FALL RIVEU. 

Be it enacted, ^'c, as folloios : 

Section 1. The inhabitants of the city of Fall River, for cityof Faii 
all the purposes for which towns and cities are by law incor- ueTIbody"^' 
porated in this Commonwealth, shall continue to be a body corporate. 
politic and corporate, in fact and in name, under the style 
and denomination of the City of Fall River ; and as such 
shall have, exercise and enjoy all the rights, immunities, 
powers and privileges, and shall be subject to all the duties 
and obligations, now incumbent upon and appertaining to 
said city as a municipal corporation. 

Section 2. The administration of all the fiscal, pruden- Govemmeut. 
tial and municipal affairs of the said city, with the govern- 
ment thereof, shall be vested in one municipal officer, to be 
styled the mayor ; one council of six, to be called the board 
of aldermen ; one council of eighteen, to be called the com- 
mon council ; which boards, in their joint capacity, shall be 
denominated the city council ; and the members thereof 
shall be sWx)rn to the faithful performance of the duties of 
their respective offices. A majority of each board shall con- 
stitute a quorum for doing business. 

Section 3. It sliall be the duty of the city council in the Revision of 
year eighteen hundred and sixty-nine, and in every fifth year ^^'" 
thereafter, and not oftener, to revise, and if it be needful, 
make a new division of the city into such number of wards, 
not less than six, as said council shall deem the interests of 
the city may require, and the revision or increase of said 
wards shall be done in such manner that said wards shall 
contain, as nearly as may be consistent with well-defined 
limits to each ward, an equal number of qualified voters in 
each ward, according to a census of voters which shall be 
taken in the month of May in said years ; and until such 
new revision or increase be made, the boundary lines of the 
wards of said city shall remain as now established : provided, Proriso. 
that in case the number of wards shall be increased, each 
ward .shall be entitled to one alderman and three common 
councilmen, which aldermen and common councilmeu shall 



564 



1869.— Chapter 245. 



Election of city 
ofllcers. 



"Warrants for 
meetings, liow 
issued. 



Mayor to be 
resident of city 
and a voter. 



One alderman 
and three com- 
mon council- 
men to be elect- 
ed from each 
ward. 



Term of office. 



TVarden, clerk 
and three in- 
spectors to be 
chosen in each 
ward. 



Wardens to 
preside at ward 
meetings with 
powers of 
moderators. 



If wardens, &c., 
are absent, 
places to be 
supplied 2>ro 
tempore. 



be denominated the city council, who, with the mayor, shall 
exercise all the powers granted in section two of this act. 

Section 4. A meeting of the citizens qualified to vote, 
shall, for the purpose of choosing mayor, aldermen, common 
councilmen and ward officers, be held annually on the first 
Monday of December ; and the municipal year shall begin 
on the first Monday of January following. 

Section 5. All warrants for meetings of the 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 re- 
turned in such manner and at such times as the city council 
may by ordinance direct. 

Section 6. The mayor shall be a resident of the city and 
a Voter, and shall be elected by ballot by the qualified voters 
of the city at large, voting in their respective wards ; and he 
shall hold his office for one year from the first Monday of 
January following the annual meeting, and until another 
shall be elected and qualified in his stead. 

Section T. One alderman and three common councilmen 
shall be elected from and by the voters of each ward of the 
city, and shall be residents of the wards when elected. The 
said aldermen and common councilmen shall be chosen by 
ballot, and shall hold their offices for one year from the first 
Monday of January following the annual meeting: provided, 
that said aldermen shall hold their offices until others are 
chosen and qualified in their stead. ^ 

Section 8. At the annual meeting, to be held on the first 
Monday of December, there shall be chosen by ballot in each 
of the wards of the city, a warden, clerk and three inspec- 
tors of elections, who shall be different persons, residents of 
the ward in which they are chosen, and who shall hold their 
offices for the municipal year next following said meeting, 
and until others shall have been chosen and qualified to act. 
It shall be the duty of said wardens to preside at all ward 
meetings with the power of moderators of town meetings ; 
and if at any meeting the warden shall not be present, the 
clerk of said ward shall call the meeting to order, and pre- 
side until a warden pro tempore shall be chosen by ballot ; 
and if at any meeting the clerk shall not be present, a clerk 
pro tempore shall be chosen by ballot ; and if both the war- 
den and clerk shall be absent, the senior in age of the inspec- 
tors of elections of said ward may preside until a warden 
pro tempore shall be chosen as aforesaid ; and in case of the 
absence of all of said officers, the constable who rcturAs the 
warrant to said ward meeting may call the meeting to order 



1869.— Chapter 245. 565 

and preside until a warden pro tempore shall be chosen by 
ballot ; and whenever any ward officer shall be absent, or 
neglect or refuse to perform the duties of his office, his office 
shall be filled pro tempore by ballot. The clerk shall record J^^^'^eetols""^ 
all the proceedings and certify the ballots given at any elec- 
tion in a book to be provided by the city for such purposes, 
and deliver to his successor in office, all such books and ' 
records, together with all other documents, papers and things, 
held by him in the said capacity ; and shall within forty-eight 
hours after his election, deliver to each person elected to a 
ward office a certificate of his election, signed by the warden, 
clerk and a majority of the inspectors of elections. It shall ?j"^Jj*o\.g^ ^'^' 
be the duty of the inspectors of elections to assist the war- ^ 
den in receiving, assorting and counting the ballots given at 
any election. The warden, clerk and inspectors so chosen ward officers 
shall respectively make oath or affirmation faithfully and *° ^^ sworn, 
impartially to perform their several duties, relative to all 
elections, which oath or affirmation may be administered by 
the clerk of such ward to the warden, and by the warden to 
the clerk and inspectors, or by any justice of the peace for 
the county of Bristol ; and the fact or certificate that such 
oath or affirmation has been taken, shall be entered on the 
record of the ward by the clerk thereof. 

Section 9. At the annual meeting of the citizens, for the rroceedings at 
election of mayor, aldermen, common councilmen and ward 
officers, held on the first Monday of December, the citizens 
of said city qualified to vote for state officers, shall, for the 
purposes of such election, then meet together within the 
wards in which they respectively reside, at such hour and 
place as the mayor and aldermen may by their warrants 
direct and appoint, and give in their ballots for mayor, 
aldermen, common councilmen and ward officers, in accord- 
ance with the provisions of this act ; and all ballots so given 
in shall be assorted, counted and declared by the warden, 
and recorded by the clerk in open ward meeting ; and tlie 
names of all persons receiving ballots, and the number of 
ballots received for each person, and the title of the office 
for which he is proposed, shall be written in the ward records 
in words at length ; and the person having the highest num- 
ber of ballots for alderman, common councilman or ward 
officer at said election shall be declared elected ; and a tran- Transcript of 
script of such record, certified by the warden, clerk and a transmitted to 
majority of the inspectors of elections for each ward, shall "tycierk. 
forthwith be transmitted or delivered by such ward clerk to 
the clerk of the city ; and if the choice of aldermen, com- fx^aliourMd 
mon councilmen or ward officers shall not be effected on that "^^^^^ ^^ "** 



566 



1869.— Chapter 245. 



TVard clerks to 
deliver certifi- 
cates of elec- 
tion to alder- 
men and coun- 
cilmen elect. 



City clerk to 
record copies of 
records receiv- 
ed from ward 
clerks. 



Aldermen to 
examine re- 
cords and notify 
mayor elect. 



— to issue war- 
rant for new 
election if no 
choice, &c. 



— may examine 
ballots if noti- 
fied by ten or 
more voters 
that they have 
reason to be- 
lieve that tlie 
returns of ward 
officers are erro- 
neous. 



— to certify to 
city clerk result 
of examination, 
who shall 
amend return. 



day ill any ward, by reason of two or more persons receiving 
the same number of ballots for the same office, the meeting 
in such ward may be adjourned from time to time to com- 
plete such election. 

SectiOxX 10. The clerks of the several wards within forty- 
eight hours after such election, shall deliver to the persons 
elected aldermen, and to each person elected common coun- 
cilman, a certificate of his election, certified by the warden, 
clerk, and a majority of the inspectors of elections. 

Section 11. It shall be the duty of the city clerk forth- 
with to enter the copies of the records of the several wards 
received from the ward clerks, certified as aforesaid, or a 
plain and intelligible abstract of them, upon the journal of 
the board of aldermen or some book kept for that purpose. 

Section 12. The board of aldermen, within four days 
after such election, shall examine the copies of the records 
of the several wards, and shall cause the person that shall 
have received the greatest number of ballots for mayor, to 
be notified, in writing, of his election ; but if it shall appear 
by said records that no person has been elected, or if the 
person elected shall refuse to accept the office, said board 
shall issue their warrants for a new election, and the same 
proceedings shall be had in all respects as are herein before 
provided for the choice of mayor, and shall from time to time 
be repeated until a mayor shall be chosen. 

Section 13. If within ten days after an election for mayor, 
aldermen, common councilmen or ward officers, ten or more 
voters of any ward shall notify the city clerk, by a written 
statement, that they have reason to believe that the returns 
of the ward officers are erroneous, and shall specify wherein 
they deem them in error, the said clerk shall receive such 
statement, and shall notify the board of aldermen thereof, 
and the board of aldermen shall, within four days thereafter, 
examine the ballots thrown in said ward, and determine the 
questions raised ; they shall then enclose the ballots in an 
envelope, and seal the same, with the seal of the city, or a 
seal provided for the purpose, and shall endorse upon said 
envelope a certificate that the said ballots have been re- 
counted and resealed in conformity to law ; and the ballots 
sealed as aforesaid shall be returned to the city clerk. They 
shall also certify to the city clerk the result of their exami- 
nation, who, upon their certificate, shall alter and amend 
such returns as have been found to be erroneous, and such 
amended return shall stand as the true return of the ward ; 
and if said examination shall prove that any person or per- 
sons, other than those declared by the warden of the war(l 



1869.— Chapter 245. 567 

to be elected, have been chosen to an office, the city clerk 
shall forthwith forward to the person or persons found by 
said examination to have been elected, a certificate of their 
election, and the office to which elected, which certificate 
shall be prima facie evidence of their right to hold said 
office. 

Section 14. The aldermen and common councilmen elect Qualification of 

111 ^ n -\r 1 n -T i ^ ^ • ^ mayor, aUler- 

shall, on the nrst Monday oi January, at ten o clock m the menandcom- 
forenoon, meet in their respective rooms; and the board of meu.*^"""" " 
aldermen shall be called to order by the mayor, or, in his 
absence, by their eldest senior member; and the common coun- 
cilmen shall be called to order by their eldest senior member, 
and on the appearance of a quorum of each board, notice 
shall be communicated to the other of that fact, and the two 
branches shall then forthwith meet in convention, wdien the 
oath or affirmation required by this act shall be administered 
to the 'mayor elect, by the city clerk, or any justice of the 
peace for the county of Bristol ; and to the members of the 
two boards present, by the mayor or any justice aforesaid; 
and a certificate of such oath having been taken, shall be 
entered in the journals of the boards of aldermen and of 
the common council, by their respective clerks. 

Section 15. After the organization of the city govern- Aldermen to 
ment as aforesaid, the two branches shall separate, and the nentdudrmaa 
persons chosen and qualified as aldermen shall meet, and if abselice oV" 
a quorum shall be present, said board shall proceed to choose mayor. 
a permanent chairman, who shall, in the absence of the 
mayor, preside at all meetings of said board, and in conven- 
tion of the two branches ; and in case of any vacancy in the 
office of mayor for any cause, he shall exercise all the pow- 
ers and perform all the duties of said office as long as such 
vacancy shall continue, and he shall always have a vote in 
said board, and in convention of the two branches, but shall 
not in addition have a casting vote. In the absence of the chairman ^jro 
mayor and chairman of the board of aldermen, said board ^*'"^^'■^■ 
may choose a chairman pro tempore. 

Section 16. The persons chosen and qualified as mem- counciimento 
bers of the common council, shall meet and act together as denrandderk 
a separate body, distinct from that of the board of aldermen, 
except in those cases in which the two bodies meet in conven- 
tion ; and the said council shall have power, from time to 
time, to choose by ballot one of their own members presi- 
dent, who shall preside over their deliberations, and preserve 
order and decorum therein ; and to choose by ballot a clerk, 
who shall be sworn to the faithful discharge of the duties of 
his office, and shall hold his office until a successor has been 



568 



1869.— Chapter 245. 



Vacancy. 



Yacancie- in 
board ol'ulder- 
lueu. 



Duties of clerk, clioseii and qualified in his stead. It shall be the duty of the 
clerk to attend said council when the same is in session, to 
keep a journal of its acts, votes and proceedings, and to 
perform such other duties in said capacity as said council 
may require ; and he shall receive such compensation for his 
services as the city council may determine. In case of a 
vacancy by death, resignation or otherwise, in the office of 
clerk, the council may choose by ballot a clerk to fill such 
vacancy. In the absence of the clerk, a clerk pro tempore 
may be chosen. Said council, for cause, may remove the 
clerk at any time. 

Section 17. Whenever it shall appear to the board of 
aldermen that there is a vacancy, by removal from the city, 
or by death, resignation or any other cause, in the board of 
aldermen or common council, it shall be the duty of the 
board of aldermen to issue their warrant in due form to fill 
all such vacancies in either of said boards, and the same 
proceedings shall be had, and adjournments if necessary, as 
are herein before prescribed for the annual meeting for the 
election of aldermen and common councilmen ; and the per- 
son elected to fill such vacancy shall be sworn to the faithful 
discharge of the duties of his office, and may serve for the 
unexpired term for which the member whose place he fills 
was to have held office. But in case of a vacancy in the 
common council, such warrant shall not be issued until the 
board of aldermen receive notice thereof from said council. 

Section 18. Any person chosen a member of the board 
of aldermen, or of the common council, who shall not be 
qualified at the organization of the city council on the first 
Monday of January, or who, after said organization, shall be 
elected to fill a vacancy in either of said boards, may be 
qualified at any time thereafter by the mayor, in presence of 
the board of aldermen. 

Section 19. Each board shall keep a record of its own 
proceedings, and judge of the elections of its own members. 

Section 20. Whenever, on examination by the board of 
aldermen of the returns of ballots given for mayor at the 
meetings of the wards holden for the purpose of electing that 
officer, last preceding the first Monday of January in each 
year, no person shall appear to be chosen, the board of alder- 
men by whom such examination is made shall make a record 
of that fact, an attested copy of which the city clerk shall 
read in the presence of the persons returned to serve as 
aldermen and common councilmen, at the opening of the 
convention to be held on the first Monday in January in 
each year, and the oath or affirmation prescribed by this 



— in the com- 
mon council. 



Aldermen and 
councilmen not 
qualilied at or- 
ganization of 
city council, 
may be qualified 
subsequently. 



Ilecord of pro- 
ceedings, &c. 

If mayor is not 
chosen, alder- 
men and coun- 
cilmen to be 
sworn and 
choose separate 
presiding offi- 
cers. 



1869.— Chapter 245. 569 

act may then be administered to the members elect. The 
two bodies shall then separate, and the board of aldermen 
may proceed to elect a chairman as provided in section 
fifteen, and the common council a president and clerk as 
herein before provided, and proceed to business; and the AWermento 
board of aldermen shall forthwith issue their warrants in rautfor^^eaiou 
due form for a meeting of the citizens of the respective of mayor. 
wards for a choice of a mayor, and the same proceedings 
shall be had in all respects as are herein before prescribed 
for the choice of mayor, and shall be repeated from time to 
time until a mayor shall be chosen and shall accept said 
office ; and the oath of office may at any time thereafter, in 
convention of the two branches of the city council, be admin- 
istered to the mayor by the city clerk, or by any justice of 
the peace for the county of Bristol ; and the two branches 
shall meet in convention for that purpose, whenever the 
mayor elect may signify to them his readiness to be qualified. 

Section 21. In case of the decease or resignation of the when office of 
mayor, or of his inability to perform the duties of his office, aulermMiTo'^" 
the board of aldermen and common council shall respectively ^^J|f leweieo- 
by vote declare that a vacancy exists in said office, and the 
cause thereof, whereupon the board of aldermen shall issue 
their warrants in due form for the election of a mayor, and 
the same proceedings shall be had as are herein before pro- 
vided for the choice of mayor ; and the mayor thus elected 
shallhold his office during the remainder of the year, and 
until another is chosen and qualified in his stead. 

Section 22. The mayor shall be the chief executive officer Mayor, powers 
of said city. It shall be his duty to be vigilant and active in aned." '^^ 
causing the laws, ordinances and regulations of the city to be 
duly executed and enforced, and to exercise a general super- 
vision over the conduct and acts of all subordinate officers, 
and to examine into all complaints preferred against them 
for a violation or neglect of duty, and as far as in his power, 
cause all negligence, carelessness and violation of duty, to be 
duly prosecuted and punished ; and whenever in his judg- 
ment the good of the city may require it, he may call meet- 
ings of the board of aldermen and common council, or either 
of said boards, by causing written notices to be left at the 
place of residence of each member of the board or boards to 
be convened, or delivered to them in person, although the 
meeting of said boards, or either of them, may stand 
adjourned to a more distant day ; and he shall perform 
such other duties as the city council may legally and reason- 
ably require. The mayor, from time to time, shall com- 
municate to both branches of the city council, all such 

23 



570 



1869.— Chapter 245. 



Compensation 
of mayor, alder- 
men and com- 
mon couucil- 
nien. 



Committees not 
to be compen- 
sated. 

.Sittings to be 
public. 



General execu- 
tive powers 
vested in mayor 
and aldermen. 



Constables and 
police officers. 



Powers to be 
exercised by 
concurrent 
vote. 



■Wh.at oiTicers 
elected by joint 
ballot. 



information and recommend all such measures as in his 
opinion may tend to the improvement of the finances, the 
police, health, security, cleanliness, comfort, government and 
ornament of the city. He shall, when present, preside in 
the board of aldermen and in convention of the two branches 
of the city council, and shall in all cases have a casting vote, 
except in the election of officers by joint ballot in convention 
of the two branches of the city council. 

Section 23. Tlie mayor shall receive one thousand dollars, 
and the aldermen one hundred dollars each, and the common 
councilmen fifty dollars each per annum for their respective 
services until otherwise determined by the city council ; but 
the amount of such compensation shall not be increased nor 
diminished during the term for which each shall respectively 
have been elected, nor after the thirtieth day of November of 
any year ; and no committee, joint or special, shall receive 
any compensation. 

Section 24. All sittings of the mayor and aldermen, of 
the common council and of the city council shall be public 
when they are not engaged in executive business. 

Section 25. The executive power of said city generally, 
together with the administration of the police and all the 
powers vested in the selectmen of towns by the laws of the 
Commonwealth shall be, and hereby are, vested in the mayor 
and aldermen as fully and amply as if the same were herein 
specially enumerated, and the mayor and aldermen shall 
have full and exclusive power and authority to ap})oint a 
city marshal and such number of assistant marshals, con- 
stables and police officers, as they shall deem expedient, and 
the same to remove at pleasure. The mayor and aldermen 
may require any person who may be elected or appointed 
marshal, or constable of the city to give bonds for the faith- 
ful discharge of the duties of his office, with such security, 
and to such amount as they may deem reasonable and 
proper ; upon which bonds the like proceedings and reme- 
dies may be had as are by law provided in the case of consta- 
bles' bonds taken by the selectmen of towns. 

Section 26. All other powers vested in the inhabitants of 
towns in this Commonwealth, and all powers granted by this 
act, shall be vested in the mayor, aldermen and common 
council of said city, to be exercised by concurrent vote, each 
board to have a negative upon the other ; but the city coun- 
cil shall annually, as soon after their organization as may be 
convenient, elect by joint ballot in convention, a city clerk, 
a city treasurer, assessors of taxes, collector of taxes, auditor, 
city solicitor, oity physician, engineers of fire department, 



1869.— Chapter 245. 571 

one or more surveyors of highways, superintendent of the 
poor and overseers of the poor, and shall, in such manner as 
the said city council may determine by ordinance made for 
the purpose, elect all other officers necessary for the good 
government, peace and health of the city not herein other- 
wise directed, who shall hold their offices for the term of one 
year from the first day of February of each year, and until 
their successors shall be chosen and qualified : provided^ Proviso. 
however, that any officer elected by the city council may be 
removed at any time by said council, for sufficient cause ; 
and in case of the death, resignation or removal of any offi- 
cer elected by the city council, his place may be filled in the 
manner provided in this section for the election of city offi- 
cers, and any person so elected shall hold office only for the 
unexpired term of the person who has ceased to hold office. 

Section 27. The city clerk, elected as herein l>efore pro- city cierk to be 
vided, shall be sworn to the faithful discharge of the duties 
of his office, and shall hold the same for one year, and until 
a successor is chosen and qualified in his stead, but may at 
any time be removed by the city council. He shall have —duties of. 
charge of all journals, records, papers and documents of the 
city, sign all. warrants issued by the mayor and aldermen, 
and do such other acts in his said capacity as the city coun- 
cil may lawfully and reasonably require of him, and shall 
deliver over all journals, records, papers and documents, 
and other things intrusted to him as city clerk to his suc- 
cessor in office, immediately upon such successor being 
chosen and qualified as aforesaid, or whenever he may be 
thereunto required by the city council. He shall also per- 
form all the duties, and exercise all the powers by law 
incumbent upon, or vested in clerks of towns in this Com- 
monwealth. 

Section 28. The" city clerk shall also be clerk of the -lobecierkof 
board of aldermen ; it shall be his duty to attend said board mTnf&c.*'*^^''" 
when the same is in session, and keep a journal of its acts, 
votes and proceedings ; he shall engi-oss all the ordinances 
passed by the city council in a book provided for that pur- 
pose, with proper indexes, which book shall be deemed a 
public record of such ordinances ; and shall perform such 
other duties as shall be prescribed by the board of aldermen. 

Section 29. In case of the temporary absence of the city cierk pro 
city clerk, the mayor, by and with the advice and consent of *«"*p=''«- 
the board of aldermen, may appoint a city clerk pro tempore. 

Section 30. The city council as soon as convenient after Assessors of 
the acceptance of this act, shall elect by joint ballot, in con- be'lTe'cte'dT&c. 
veution, three persons to be assessors of taxes, one to serve 



572 



1869.— Chapter 245. 



— to be sworn. 

Collectiou of 
taxes. 

Proviso. 



School commit- 
tee, liOW clios- 
eu. 



Overseers of the 
poor, of whom 
to consist and 
bow chosen. 



Mayor to be 
chairman of 
boai-d. 

Compensation 
of otiicers to be 
fixed by city 
council. 



until the first day of February in the year eighteen hundred 
and seventy, one to serve until the first day of February in the 
year eighteen hundred and seventy-one, and one to serve 
until the first day of February in the year eighteen hundred 
and seventy-two, and until their successors respectively are 
chosen and qualified. In each succeeding year, and as- soon 
after the organization of the city council as may be con- 
venient, said council shall elect by joint ballot, in convention, 
one assessor of taxes, who shall hold his office for the term 
of three years, fro^m the first day of February in said year, 
and until his successor is chosen and qualified. The assessors 
thus chosen shall constitute the board of assessors for the 
city, and shall exercise tlie power and be subject to the 
duties and liabilities of assessors of towns in this Common- 
wealth, and shall be sworn to the faithful performance of the 
duties of their office. All taxes shall be assessed, apportioned 
and collected in the manner prescribed by the laws of the 
Commonwealth : provided, however, that the city council 
may establish further or additional provisions for the collec- 
tion thereof. 

Section 31. The board of school committee for the city 
of Fall River shall consist of such number of persons, divi- 
sible by three, as the city council, by ordinance, shall 
determine, and shall l)e cliosen by said council by joint 
ballot in convention, and shall hold their office for tlie term 
of three years from the first Monday of January following 
their election. One-third of said committee shall be chosen 
annually in the month of December, who, together with the 
members of the committee whose term of office shall not 
expire on said first Monday of January, shall have the general 
charge and superintendence of the public scliools of said city. 

Section 32. The city council, in the month of May of 
the present year, and annually thereafter in the month of 
January, sliall elect by joint ballot in convention, one alder- 
man and two common councilmen, residents of different 
wards, as overseers of the poor ; and the persons thus chosen 
shall, with the mayor and president of the common council, 
constitute the board of overseers of the poor and directors 
of the almshouse of said city ; and shall have all the powers 
and be subject to all the duties belonging to and incumbent 
upon overseers of the poor and directors of almshouses in 
towns in this Commonwealth. The mayor shall, ex officio, 
be chairman of said board. 

Section 33. Tlie city council sliall fix the compensation 
of all officers, and shall define their duties, so far as the same 
are not determined by the laws of the Commonwealth. 



1869.— Chapter 245. 573 

Section 34. In all cases in which appointments are Appointments 
directed to be made by tlie mayor and aldermen, the mayor je\-t"toeonflrnia- 
shall have the exclusive power of nomination, being subject, men.''^^''^" 
however, to confirmation or rejection by the board of alder- 
men ; but if a person so nominated shall be rejected, it shall 
be the duty of the mayor to make another nomination, with- 
in one month from the time of such rejection. 

Section 35. No person holding the office of alderman or Aidermenand' 
common councilman shall, at the same time, hold any office tohoki"city ''°* 
of emolument, the salary of which is pafd from the treasury "len^t °*^ '^"°^" 
of the city ; and the acceptance of any such office by any Acceptance of 
member of the board of aldermen or common council shall vacat°'^eat*of 
be deemed, and taken to be, a resignation of their seat in member, 
said board ; and the place so vacated shall be filled as herein 
before provided for vacancies in either of said boards. 

Section 36. The city council shall take care that money Monernottobe 
shall not be paid from the treasury unless granted or appro- o?y unless ap^* 
priated ; shall secure a just and prompt accountability, by prop^ated. 
requiring bonds, with sufficient penalties and sureties, from 
all persons intrusted with the receipt, custody or disburse- « 

ment of money; shall have the care and superintendence of rubiie build- 
city buildings, and the custody and management of all city erty. 
property, with power to let or sell what may be legally let or 
sold ; and to purchase property, real or personal, in the name 
and for the use of the city, whenever its interests or con- 
venience may, in their judgment, require it; and the city Account of re- 
council shall, as often as once a year, cause to be published penditurel'to 
for the use of the inhabitants of the city a particular account Republished. 
of receipts and expenditures, and a schedule of city property 
and the city debts. 

Section 37. The city council may, by ordinance, estab- rire depart- 

1.1 n 1 I ji •i/?i'/> • 1 meut, ot whom 

lisn a fire department, to consist oi a cniei engineer and so to consist and 
many assistant-engineers, and so many enginemen, hosemen ^^^ appointed. 
and hook and ladder men as the city council shall from time 
to time deem the interest of the city may require ; and said 
city council shall have authority to make such provisions in 
regard to the time and mode of appointment, and the occa- 
sion and mode of removal of any officer or member of said 
department, to make such requisitions in respect to their 
qualifications and period of service, to define their offices 
and duties, to fix and pay such compensation for their ser- 
vices, and in general to make such regulations in regard to 
their conduct and government as they shall deem expedient: 
provided^ that the appointment of enginemen, hosemen and 
hook and ladder men shall be made by the mayor and alder- 



574 



1869.— Chapter 245. 



Powers of engi- 
neers. 



Regulations for 
managemsnt of 
fires may be 
prescribed by 
ordinance. 



Iteservoirs, 
engines, &c. 



Relief of dis- 
abled firemen. 



List of jurors, 
how prepared. 



Venires for 
jurors. 



tidewalks. 



men exclusively. The engineers of the department shall 
have all the powers and authority in regard to the preven- 
tion and extinguishment of fires and the performance of the 
other offices and duties incumbent upon firewards, as are 
vested in and conferred upon firewards and engineers of fire 
departments by the statutes of the Commonwealth. They 
shall also have authority, in compliance with any ordinance 
of said city, to raze or demolish any building, wall or erec- 
tion which, by reason of fire or any other cause, may become 
dangerous to human life or health, or tend to extend confla- 
gration. The city council of said city may, by ordinance, 
make regulations concerning the management of fires and 
the conduct of all persons attending or present thereat, the 
removal and protection of property, for the examination of 
any buildings or places where combustible materials or sub- 
stances are supposed to be kept or deposited, and to require 
and enforce the removal of such materials or substances at 
the expense of the person or persons on whose premises the 
same shall be found, and the adoption of suitable safeguards 
against fires and the loss or destruction of property thereat. 

Said city council may construct reservoirs for water, pro- 
cure land, buildings, furniture, engines and such other 
apparatus as may be necessary for the purposes of the fire 
department, and provide for the use, control and preserva- 
tion thereof. The city council may appropriate and expend 
such sums of money for the relief of firemen disabled in the 
service of the city, and for the relief of the families of fire- 
men killed in the performance of their duty, as they may 
deem just and proper. 

Section 38. The list of jurors shall be prepared by the 
mayor and aldermen in the manner now required of select- 
men of towns, and the list shall be submitted to tlie common 
council for concurrent action or amendment. The mayor, 
aldermen and city clerk shall have and exercise all the pow- 
ers and duties in regard to drawing jurors, and other 
matters relating thereto, as are vested in and required of 
selectmen and clerks of towns in this Commonwealth. 
Venires for jurors to be returned from said city shall be 
served on the mayor and aldermen. 

Section 30. The city covmcil shall have power to lay out 
sidewalks and establish the width, height and grade of the 
same in such, streets, lanes and avenues of the city as they 
shall deem the public convenience may require. They are 
authorized to construct said sidewalks with edge stones, and 
to cover the same with brick, flat stones or other appropriate 
material, and may assess the abutters on said sidewalks one- 



1869.— Chapter 245. 575 

half the expense thereof, which assessment shall constitute a 
lien upon tlie abutting lots of land, and may be collected in 
the same manner as taxes on real estate are collected ; and 
such sidewalks, when constructed and covered as aforesaid, 
shall afterwards be maintained and kept in repair by the city. 
No sidewalk constructed in conformity with the provisions of 
this act shall be dug up or obstructed in any part thereof, 
without the consent of the mayor and aldermen. 

Section 40. The said council are hereby authorized to Lighting the 
cause the streets, lanes and avenues of the city to be lighted, 
and for that purpose may erect posts, and construct lamps, 
lay gas pipes or other apparatus in said streets, lanes and 
avenues, and do such other things as may be necessary to 
carry into effect said purpose. ' 

Section 41. They shall also have power to establish fire Fire districts. 
districts within said city, and from time to time change or 
enlarge the same ; and they shall have power to regulate the construction of 
construction of all buildings to be erected within said fire beVegufateJf/ 
districts, stipulating their location, sizes and the material of 
which they shall be constructed, together with such other 
rules and regulations as shall tend to secure the same from 
fire. They shall have authority to cause balustrades or 
other suitable devices to be placed upon the roofs of build- 
ings, to prevent the falling of snow and ice from the same 
into the streets or on the sidewalks thereof. 

Section 42. The city council may make ordinances with inspection, &c., 
suitable penalties, for the inspection and survey, measure- hay, &c. 
ment and sale of lumber, wood, coal, bark, hay and straw 
brought into or exposed in the city for sale. 

Section 43. The city council shall have power within ordinances and 
said city, to make, establish, modify, amend or repeal ordi- '^y'''^^^*- 
nances, rules, regulations and by-laws, subject to the provi- 
sions of this act, and not inconsistent therewith, or with the 
laws of the Commonwealth, and to annex penalties, not ex- 
ceeding twenty dollars, for the breach thereof, for the 
following purposes : to manage and regulate the finances 
and property, real and personal, of the city; to establish. Day and night 
maintain and regulate a day and night police ; to license and ucwiseof 
regulate cartmen, truck owners and drivers, carriages and t';»'^ks and car- 
vehicles used for the transportation of passengers or mer- 
chandise, goods or articles of any kind and assign stands for 
the same, and to fix the rates of compensation to be allowed 
to them, and to prohibit unlicensed persons from acting in 
either of such capacities ; to license and regulate street ^^j.^a*^*''^* 
peddling ; to license and regulate intelligence offices, dealers second-hand 
in junk and old metals and second-hand articles, and pawn- ^^'^'^^' 



576 



1869.— Chapter 245. 



— of inn-hold- 
ers. 



Cattle, &c., 
running at 
large. 



Nuisances. 



Horse-racing 
and fast driv- 
ing. 



Bathing in 

waters of the 

city. 

Burial of the 

dead. 



Gunpowder and 
other danger- 
ous articles. 



Disorderly 
houses. 



Immoral exhi- 
bitions. 



Ornamental 
and shade 
trees, 



brokers ; to license inn-holders, common victuallers, restaur- 
ants, saloons, billiard rooms, and bowling alleys ; to prescribe 
the places for selling hay, straw, wood and other articles from 
wagons or other vehicles ; to restrain and regulate the run- 
ning at large of cattle, horses, swine or other animals, and 
to authorize and regulate the impounding and sale of the 
same for the penalty incurred and costs of proceedings ; to 
regulate or prohibit the keeping of cows, swine ^nd other 
animals ; to prohibit and abate all nuisances ; to regulate or 
proliibit the flying of kites, or any other practises having a 
tendency to frighten animals, or to annoy persons passing 
in the streets or on the sidewalks in said city ; to prevent 
horse-racing, and immoderate driving in the streets, lanes or 
avenues of said city, and to authorize the stopping of any 
one who shall be guilty of so doing ; to regulate or prohibit 
the swimming or bathing in the waters of the city ; to regu- 
late the burial of the dead, prohibit interments within such 
limits as said city council may prescribe, purchase lands for 
public burial places, direct the keeping, and returning of 
bills of mortality, and to establish such regulations for the 
conveying the dead through the streets of said city, as the 
health, quiet and order of the city may in their opinion re- 
quire ; to prohibit or regulate the keeping within, or convey- 
ing through the streets of the city, gunpowder, earth or rock 
oil, benzole, benzine, naphtha, kerosene, camphene, nitro- 
glycerine, or burning fluids of any kind, and other danger- 
ous articles, and to provide for the inspection of the same by 
an inspector appointed by them, and in case of violation of 
the, ordinance regulating the same to provide for the for- 
feiture thereof, and as to the use of candles or lights in 
stables, barns, or other buildings ; to suppress and restrain 
disorderly houses, and houses of ill-fame, gaming tables, the 
playing of cards, or games of chance ; to destroy all instru- 
ments or devices employed in gaming, and to restrain and 
punish vagrants, mendicants, street beggars, idlers and 
loungers in the streets and on street corners, common pros- 
titutes and night-walkers ; to arrest truants from school 
and punish the same ; to prohibit, regulate or license the 
exhibitions of common showmen, or of curiosities ; to pro- 
hibit exliibitions tending to create or encourage idleness or 
immorality ; to prevent and remove obstructions and incum- 
brances in and upon the streets, or sidewalks, lanes, avenues, 
parks, commons, or other public places in the city ; to direct 
and regulate the planting, rearing, trimming and preserving 
of ornamental au4 shade trees and shrubs in the streets, 



1869.— Chapter 245. 577 

parks and grounds of the city ; to enforce the removal of '^^^^^ ^'^^^- 
snow, or ice or dirt from the sidewalks by the person or per- 
sons owning or occupying the premises fronting thereon, at 
the expense of said person or persons ; to prevent or regii- Projecting 
late the erection or construction of any stoop, step, platform, ^'^"^' 
bay window, cellar door, descent into a cellar or basement, 
sign, or post, or erection, or any projection from any build- 
ing or otherwise, in, over or upon any street, or sidewalk, 
lane or avenue in the city, or the removal of any house or 
other building through the same ; to regulate the construe- construction of 

,. r 1 • J J. i.1 i-i* J. i- chimneys and 

tion 01 chimneys, and prevent the setting up or construction boOers. 
of stoves, boilers or other things in such manner as to be 
dangerous ; to regulate the carrying on of manufactories 
dangerous in causing or promoting fires ; to regulate or pro- Fire-works. 
hibit the manufacture, sale or use of fire-works, or fire-arms, 
or building of bonfires in said city ; to require all such fur- 
ther or other acts to be done, and to regulate or prohibit the 
doing of such further or other acts as they may deem proper 
to prevent the occurrence, and to provide for the extinguish- 
ment of fires in said city ; to estimate and determine what 
amount of money may be raised to defray the annual current 
expenditures of the city, and to adopt all legal and necessary 
measures for levying and collecting the same. The city ordinances and 
council shall also have power to make, establish, modify and '^>'"^'^^^^- 
amend all such other ordinances, rules, regulations or by- 
laws not contrary to or conflicting with the laws of this state 
or the United States, as they may deem necessary to carry 
into effect the powers conferred on it by this act, or by any 
other law of this Commonwealth ; and such as they may 
deem necessary and proper for the good government, order 
and protection of persons and property, and for the preser- 
vation of the public health, peace and prosperity of said city 
and its inhabitants ; which ordinances, rules, regulations and 
by-laws shall take effect, and be in force, from and after the 
time therein respectively limited, without the sanction or 
confirmation of any court or other authority whatever : pro- Provisos. 
vided, that all such by-laws or ordinances shall be presented 
to the mayor for his approval, which, if he approve, he shall 
sign ; if not, he shall return to the city council, with his 
objections, for a reviewal, within one week ; and if again 
passed by a majority of each board, it shall become a law ; 
and provided, also, that all by-laws, regulations and ordi- 
nances now in force in the city of Fall River not inconsistent 
with this act, shall, until they expire by their own limitation, 
or be revised or repealed by the city council, remain in force j 

2i 



578 



1869.— Chapter 245. 



Drains and 
common sew- 
ers. 



Private drains. 



Laying out, 
altering and 
grading streets, 



Damages. 



Board of 
health. 



Representa- 
tives to the 
general court. 



and all fines and forfeitures for tlie breach of any by-law or 
ordinance shall be paid into the city treasuiy. 

Section 44. The mayor and aldermen, with the concur- 
rent vote of the common council, shall have the power, 
whenever they shall adjudge it to be necessary for the public 
convenience or the public health, to cause drains or common 
sewers to be laid through any street or private lands, and 
may repair the same whenever necessary, and shall pay the 
owners of such lands such damages as they may sustain by 
the laying or repairing of said drains or common sewers ; 
and all such drains or common sewers shall be the property 
of the city. Every person who enters his particular drain 
into such drain or common sewer, or who in any way re- 
ceives benefit thereby for draining his cellar or lands, or the 
owner or owners of 'land abutting on said drain or common 
sewer, shall pay the city a proportionate part of the expenses 
of making and repairing the same, not exceeding one-half of 
the cost tbereof, to be ascertained, assessed and certified by 
said aldermen ; and notice thereof shall be given to the 
party to be charged or to the occupant of the premises ; and 
said aldermen may require that private drains shall be con- 
ducted into the public drain or common sewer, in any case 
in which the city council shall judge the same necessary or 
proper for tbe cleanliness or health of the city. 

Section 45. The mayor and aldermen, with the concur- 
rent vote of the common council, shall have exclusive power 
to lay out, alter and fix the grade of, or discontinue, any 
street, sidewalk or town way, and to estimate the damages 
any individual may sustain thereby ; and any person dis- 
satisfied with the decision of the city council in tbe estimate 
of damages, may make complaint to the county commission- 
ers of the county of Bristol, at any meeting held within one 
year after such decision, whei'eupon the same proceedings 
shall be had, as are now by law provided in cases whei'ein 
persons are aggrieved by the assessment of damages by the 
selectmen or the inhabitants of towns. 

Section 46. All power and authority now vested by law 
in the board of health for towns, or in the selectmen thereof, 
shall be vested in the city council, to be by them exercised 
in such manner as they may deem expedient, and the city 
council may constitute either branch or any committee of 
their number, whether joint or separate, the board of health 
for all, or for particular purposes. 

Section 47. The mayor and aldermen shall, in each year, 
issue tbeir warrants for calling meetings for the election of 
the whole number of re^jresentatives to the general court. 



1869.— Chapter 245. 579 

to which the said city is by law entitled, and the number 
shall be specified in the warrants. 

Section 48. All elections for county, state and United p<^'\o"^' ^T 

1 o 1 11 1111111^''"® hem ana 

States omcers, who are voted for by the people, sliall be held conducted, 
at meetings of the citizens qualified to vote in such elections, 
in their respective wards, at the time fixed by law for these 
elections respectively ; and at such meetings, all the votes 
given for such officers respectively, shall be assorted, counted 
and declared by the warden, and registered in open meeting, 
by causing the names of all persons voted for, and number 
of votes given for each, to be written in the ward records in 
words at length. 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 such 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 ; and in all elections for repre- 
sentatives to the general court, in case the whole number 
proposed to be elected shall not be legally chosen, the mayor 
and aldermen shall forthwith issue their warrants for a new 
election, conformably to the provisions of the constitution 
and the laws of the Commonwealth. 

Section 49. Prior to every election, the mayor and alder- List of voters la 
men shall make out lists of all the citizens of each ward wardsTo'^be 
qualified to vote in such elections, in the manner in which ward^ilfrksto 
selectmen of towns are required to make out lists of voters ; beusedateieo- 
and for that purpose they shall have full access to the asses- 
sors' books and lists, and be entitled to the assistance of all 
city officers ; and they shall deliver the said lists, so prepared 
and corrected, to the clerks of the wards, to be used at such 
elections, and copies of the list for each ward shall be posted 
up in not less than three public places in said ward, at least 
seven days prior to such elections; and no person shall be Persons not 
entitled to vote in any ward whose name is not borne upon unless na*mJs°*^ 
the list for that ward : provided^ that any person whom the J/j.ovi° "^*" 
mayor and aldermen have decided to be a voter, and whose 
name shall not be borne on the list of the ward in which he 
claims the right to vote, when it shall be placed in the hands 
of the clerk of said ward, shall have the right to have his 
name entered thereon at any time thereafter and before the 
closing of the polls, upon presenting to the ward officers -a 
certificate signed by the mayor or city clerk, setting forth 



580 



1869.— Chapter 245. 



General meet- 
ings of citizens 
may be called 
upon request of 
fifty voters. 



Fines, forfeit- 
ures and penal- 
ties for breach 
of by-laws and 
ordiuanceB. 



BepeaL 

Provigos. 



that the mayor and aldermen have decided that he is a 
voter. 

Section 50. General meetings of the citizens qualified to 
vote may from time to time be held, to consult upon the 
public good, to give instructions to their representatives, and 
to take all lawful measures to obtain redress for any griev- 
ances, according to the right secured to the people by the 
constitution of this Commonwealth ; and such meetings may 
and shall be duly warned by the mayor and aldermen, upon 
the requisition of fifty qualified voters. 

Section 51. All fines, forfeitures and penalties accruing 
for the breach of any by-law or ordinance of the city council, 
may be prosecuted for and recovered before the police court 
of the said city of Fall River by complaint or information, 
in the same manner in which other criminal offences are 
now prosecuted before the police courts within this Common- 
wealth ; reserving, however, in all cases, to the party com- 
plained of and prosecuted the right of appeal to the superior 
court then next to be held in the county of Bristol, from the 
judgment and sentence of the police court ; and the appeal 
shall be allowed on the same terms, and tlie proceedings 
shall be conducted therein in the same manner as provided 
in the statutes of this Commonwealth'; and it shall be suffi- 
cient, in all such prosecutions, to set forth in the complaint 
the offence, fully, plainly, substantially and formally ; and it 
shall not be necessary to set forth such by-law or ordinance, 
or any part thereof. All fines, forfeitures and penalties, so 
recovered and paid, shall be paid to the treasurer of the city 
of Fall River, and shall inure to such uses as the city council 
shall direct. When any person, upon any conviction before 
the police court for the breach of any by-law or ordinance of 
the city council, shall be sentenced to pay a fine, or ordered 
to pay any penalty or forfeiture provided by any such by-law, 
or ordinance, or, upon claiming an appeal, shall fail to recog- 
nize for his appearance at the court appealed to, and there 
to prosecute liis appeal, and to abide the sentence or order 
of the court thereon, and in the meantime to keep the peace 
and be of good behavior, and upon not paying the fine, 
penalty or forfeiture and costs so assessed upon him, he shall 
be committed to prison, there to remain until he shall pay 
such fine, forfeiture or penalty, and costs, or be otherwise 
discharged according to law. 

Section 52. All such acts and parts of acts as are incon- 
sistent with the provisions of this act shall be, and the same 
are, hereby repealed : provided, however, that the repeal of 
the said acts shall not affect any act done, or any right, 



1869.— Chapter 246. 581 

accruing or accrued, or established, or any suit or proceeding 
had, or commenced in any civil case, before the time when 
such repeal shall take effect. And that no offence commit- 
ted, and no penalty or forfeiture incurred, under the acts 
hereby repealed, and before the time when such repeal shall 
take effect, shall be affected by tlie repeal. And that no suit 
or prosecution pending at the time of said repeal for any 
offence committed, or for the recovery of any penalty or 
forfeiture incurred under the acts hereby repealed, shall be 
affected by such repeal ; and provided^ cdso, that all persons 
who at the time when said repeal shall take effect shall hold 
any office under the said acts shall continue to hold the same 
for the time for which they were severally elected. 

Section 53. Nothing in this act contained shall be so charter may be 
construed as to prevent the legislature from altering or iTgLiiuuref 
amending the same whenever they shall deem it expedient, 
and no act which has been heretofore repealed sliall be 
revived by the repeal of the acts mentioned in the preceding 
section. 

Section 54. This act shall be void unless a majority of f,I'|^^,n'i"p*^tJf 
the voters of the city of Fall River, present and voting the voters of 
thereon, at a legal meeting called for that purpose, by a ^''*^^'^^''''- 
written vote, determine to adopt the same ; and the qualified 
voters of the city shall be called upon to give in their votes 
upon the acceptance of this act, at meetings in the various 
wards, duly warned by the mayor and aldermen, to be held 
within fourteen days after the passage of this act ; and there- 
upon the same proceedings shall be had respecting the sort- 
ing, counting, declaring, recording and returns of said votes 
as is herein provided at the election of mayor ; and the 
mayor and aldermen shall, within two days after said meet- 
ing, meet together and compare the returns of the ward 
officers ; and if it appears that the citizens have voted to 
adopt this act, the mayor shall immediately make proclama- 
tion of the fact, and thereupon this act shall take effect and 
be in full force. Approved May 7, 1869. 

An Act to aid in the preservation of birds, birds' eggs and QJiap, 246 

DEER. "' 

Be it enacted, ^r., as follows: 

Section!. Whoever, between the first day of January woodcock and 
and the fifteenth day of August, takes or kills any woodcock, to blki^fed a^t* 
or between the first day of February and the first day of under"pl'^ty. 
September, takes any ruffed grouse or partridges, or within 
the respective times aforesaid, sells, buys or has in his posses- 
sion any of said birds so taken or killed in this Common- 



582 1869.— Chapter 246. 

wealth or elsewhere, shall forfeit for every such bird twenty- 
five dollars. 
Quail not to be SECTION 2. Whoever, between the first day of April, 
times, under"*" eighteen hundred and sixty-nine, and the first day of 
penalty. November, eighteen hundred and seventy-two, takes or kills 

any of the birds known as quail or Virginia partridge, in 
any way whatsoever, shall forfeit for every such bird the 
sum of twenty-five dollars. And whoever shall, after the 
first day of November, eighteen hundred and seventy-two, 
take or kill any of said birds, except in the moiitlis of 
November and December annually, shall forfeit for every 
such bird the sum of twenty-five dollars. 
Pinnated SECTION 3. Wliocver, at any season of the year, within 

hensr*" ^ this state, takes or kills any of the birds called pinnated 
grouse or heath hens, or sells, buys, or has in his possession 
Penalty. any of Said birds so killed or taken, shall forfeit for every 

such bird twenty-five dollars. 
Marsh birds, SECTION 4. Whocvcr, betwecu the first day of March and 

up an p o\er. ^j^^ ^^^^^^ ^^^ ^^ July, takcs or kills any marsh birds or upland 
Penalty. plover, within this state, shall forfeit for every such bird 

twenty-five dollars. 
Freshwater SECTION 5. Whocvcr, between the first day of Marcli and 

'^'^ ■ the first day of September, takes or kills any fresh water 

Penalty. fowl, sliall forfeit for every such bird twenty-five dollars. 

Fresh water or SECTION 6. Whocvcr, at any scasou of the year, within 
be\mIdon^*° tliis statc, kills any fresh water fowl or sea fowl, either upon 
iug'e"ouuds.°** ^^^^ feeding or roosting grounds of said fowl, shooting from 
any vessel, boat or craft, or chases or pursues and captures 
said fowl upon or from their feeding or roosting grounds, in 
Penalty. any boat or vessel of any kind whatever, shall forfeit for 

every such bird so taken or killed twenty-five dollars. 

Penalty for kill- SECTION 7. Whocvcr, at any season of the year, takes or 

infsticated"'* ° kiUs any undomesticated bird not heretofore mentioned in 

sn^pe, hawks, tliis act, cxccpt suipc, hawks, owls, crows, jays and gulls, or 

&c. destroys or disturbs the eggs or nests of such undomesticated 

birds, except the nests or eggs of snipe, hawks, owls, crows, 

jays and gulls, shall forfeit twenty-five dollars for each offence : 

Proviso. provided, that any person, having first obtained the written 

consent of the mayor and aldermen of any city or selectmen 

of any town, may, in such city or town, take or destroy, for 

scientific purposes only, such birds and eggs as said written 

consent may specify. 

Deer not to be SECTION 8. Whoever, between the first dav of April, 

killed until D6C» . •* r^ 7 

15, 1872. eighteen hundred and sixty-nine, and the fifteenth day of 

December, eighteen hundred and seventy-two, and thereafter 
between the fifteenth day of December and the first day of 



1869.— Chapters 247, 248. 583 

September, takes or kills any deer, except his own tame deer 
kept on his own grounds, shall forfeit for every such offence 
twenty-five dollars. 

Section 9. The mayor and aldermen and selectmen of '^JJIJ^f/- fj^ ^^ 
the several cities and towns of this Commonwealth shall enforce law. 
cause the provisions of the preceding sections to be enforced 
in their respective places ; and all forfeitures accruing under Forfeitures, 

• iiow (Iisdosgq 

these sections shall be paid, two-thirds to the informant or of. 
prosecutor, and one-third to the city or town where the offence 
is committed. 

Section 10. Chapter eighty-two of the General Statutes, Repeal. 
and chapters forty-six and one hundred and fifty-eight of the 
acts of the year eigliteen hundred and sixty-five, cliapter 
two hundred and fifty-seven, and chapter one liundred and 
twenty-five, of the acts of the year eighteen hundred and 
sixty-seven, and chapters one hundred and twenty-six, one 
hundred and fifty-eight, and one hundred and sixty-one, of 
the year eighteen hundred and sixty-eight, are hereby repealed. 

Approved May 10, 1869. 

An Act in addition to an act in rklation to the powers of Chap. 247 

CONSTABLES IN THE CITY OF BOSTON. ■' * 

Be it enacted, cVc, as folloios : 

Section 1. Any constable of the city of Boston who shall Any constable 

i.T., .. z,"^. PI ^^ Boston mav 

have complied with the provisions of section one, of chapter serve process m 
one hundred and forty-seven of the acts of the year eighteen wMier"damage° 
hundred and sixty, may, within said city of Boston, serve ceeding 'tilree^' 
any writ or other process in any personal action in which the 1*^""^'^'^*^ '^°^' 
damages are not laid at a greater sum than three hundred 
dollars, and any process in replevin in which the subject- 
matter does not exceed in value three hundred dollars. 

Section 2. This act shall take effect on the first day of when to take 

T effect 

June next. Approved May 10, 18Q9. 

An Act in relation to the choice of trustees of funds held Qhnn 248 

BY religious societies. ' ' 

Be it enacted, ^'c, as follows : 

Section 1. Section twenty-five of chapter thirty of the Amendment to 
General Statutes is hereby amended by striking out the • ■ '» ' 
words, " with power to fill vacancies for an unexpired term 
occurring in their board," and by inserting instead thereof 
the words, " in case of a vacancy, by death or otherwise, the 
parish may fill such vacancy at its next annual meeting, or 
at a special meeting called for that purpose ; " and by strik- 
ing out the words " five years," and inserting in place thereof 
the words " three years." 

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

Approved May 10, 1899. 



584 



1869.— Chapters 249, 250. 



Chap 



. 249 ^^ ■^'^'^ PROVIDING FOR THE SALE OF "WOOD AND TIMBER STANDING 
ON LAND HELD IN DOWER AND OTHERWISE. 



Probate court 
may appoint 
trustee to cut 
and sell wood 
and timber 
from land held 
in dower or for 
life. 



Proceeds of 
sale, how to be 
disposed of. 



C%. 250 



Unexpended 
EQoneys receiv- 
ed for taxes on 
dogs to be ap- 
plied for benefit 
of public libra- 
ries or schools. 



In Suffolk 
County, how 
disposed of. 



Be it enacted, &;c., as folloios : 

Section 1. The probate court, when it appears that the 
wood and timber standing on land held in dower, or on land 
the use and improvement of which belongs, for life or other- 
wise, to any person other than the owner of the fee therein, 
has ceased to improve by growth, or for any cause ought to 
be cut, may appoint a trustee, and authorize and empower 
him to sell and convey said wood and timber, in the way 
and manner provided by law for the sale of real estate by 
guardians,- to be cut and carried away within the time to be 
limited in the order of sale, and to hold and invest the pro- 
ceeds thereof, after paying the expenses of such sale there- 
from, and pay over the income, above the taxes and other 
expenses of the trust, to the person entitled to such dower, 
or right to the use and improvement, while the same con- 
tinues ; and at the expiration of such dower or right to the 
use and improvement, to pay the principal sum to the owner 
of such land. When said wood and timber has been cut off, 
as aforesaid, no more wood or timber shall be cut on such 
land by the person entitled to such dower, or use and 
improvement, without permission from said court. 

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

Approved May 10, 1869. 

An Act in addition to an act concerning dogs. 
Be it enacted, ^c, as folloivs : 

Section 1. Moneys received by the treasurer of any 
county under the provisions of chapter one hundred and 
thirty of the acts of the year eighteen hundred and sixty- 
seven, and not expended in the payment of damages done 
by dogs, in accordance with the provisions of said act, 
shall be paid back to the treasurers of the several cities and 
towns of said county, in the month of January of each year, 
in proportion to the amount paid by said city or town to said 
county treasurer ; and the money so refunded shall be 
expended for the support of public libraries or schools, in 
addition to the amount annually appropriated by said city or 
town for those purposes. In the county of Suffolk, moneys 
received by any treasurer of a city or town under the pro- 
visions of said act, and not expended in accordance with the 
provisions of the same, shall be appropriated by the school 
committee of said city or town for the support of the public 
schools therein established. 



1869.— Chapter 251. 585 

Section 2. The last clause of section twelve of chapter Repeal. 
one hundred and thirty of the acts of the year eighteen hun- 
dred and sixty-seven, is hereby repealed. 

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

Approved May 10, 18G9. 
An Act to amend chapter seventy-one of the general QJidp, 251 

STATUTES, relating TO ALIEN PASSENGERS. -* * 

Be it enacted, §'c., as follows: 

Section 1. Vessels bringing passengers to any port in Aiieupassen- 
this Commonwealth shall be under the supervision of the umfer^super-'^^ 
general agent of state charities, acting as superintendent of al agein of'^"^'' 
alien passengers for the port of Boston, who shallenforce in board of state 
regard to such vessels and the passengers brought therein 
all the provisions of law concerning the introduction of 
strangers and aliens by sea into this Commonwealth ; and Deputies, ap- 
for this purpose the officers authorized by section eleven compensation. 
of chapter seventy-one of the General Statutes, shall be 
appointed and commissioned by the general agent of state 
charities, and shall be deemed his deputies, and each deputy 
shall receive a compensation for his services, to be fixed by 
said agent, such compensation not to exceed the amount of 
alien passenger money received by such deputy. 

Section 2. The deputies shall, at the close of each month, Deputiea to 
make a detailed report to the board of state charities, through J^port"!"'^^^ ^ 
its general agent, giving the name of each vessel arriving, 
the number, names and description of the passengers brought, 
the numbers respectively for whom commutation was accepted 
or refused, and such other information in relation thereto, as 
may be required by him, and they shall further give bond 
for the faithful performance of their duties, in such sum as 
he may require. The compensation of the said deputies —to be paid 
shall be paid from the appropriation of the general agent, uon'o't^generai" 
and all fees for commutation collected by them shall be paid '^s''^*- 
over monthly to the said agent, who shall account for the 
same to the treasurer in the manner now provided by law. 

Section 3. The general agent shall institute prosecutions General agent 
for the violation of any provisions of the laws concerning the cution'^s! ind^^" 
introduction' of aliens and strangers by sea into tliis Com- "ounsef^^"^ 
monwealth, and for this purpose may employ counsel when 
necessary ; but whenever such violation shall appear to him —may commute 
to have occurred without intent, he may commute the forfeit- i"d'^'5lc^e"o'f auor*^ 
ure for a sum not less than fifty dollars, the attorney-general ney-generai. 
advising thereto. 

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

Approved May 1% 1869(. 
25 



586 



1869.— Chapters 252, 253. 



Common car- 
riers to forward 
property oftered 
for transjiorta- 
tion by other 
common car- 
riers. 



Chap. 25 2 Ax Act concerning common carriers of goods. 

Be if enacted, tVc, as follows : 

Section 1. Every person, company, association or corpo- 
ration tliat is a common carrier of merchandise or other 
property, shall receive, forward and transport all property 
offered or tendered to them for transportation by other 
persons, companies, associations or corporations who are 
common carriei-s of merchandise or other property, as prompt- 
ly, faithfully and impartially, at as low rates of charges, and 
in a manner, and on terms and conditions as favorable to 
tlie party offering or tendering the property, as the common 
carrier to whom the tender is made is, on the day and at the 
place of the tender, receiving, forwarding and transporting 
in the ordinary course of business, property of a like descrip- 
tion received from individuals in person. And no such 
person or company to whom property is so tendered for 
transportation, shall discriminate against any particular 
person or company, or subject them to any undue or unrea- 
sonable prejudice or disadvantage in any respect whatsoever ; 
and the supreme judicial court, or any jutsice thereof, in 
term time or vacation, shall have power as a court of equity 
to enforce the provisions of this section by injunction or 
other suitable process. 

Section 2. Every such person, company, association or 
corporation who shall wilfully neglect or refuse to comply 
with the foregoing provisions, shall forfeit for every offence 
not less than fifty nor more than live hundred dollars, to be 
recovered in an action of tort by the person, company, asso- 
ciation or corporation tendering the property for transporta- 
tion. Approved May 10, 1869. 

Chap. 253 An Act fixing the times and places of holding the probate 

COURTS IN the county OF WORCESTER. 

Be it enacted, §'c., as follows : 

Section 1. After the first day of July next, the terras of 
the probate court for the county of Worcester, shall be held 
at Worcester, on the first and third Tuesdays of every month 
except August; at Fitchburg, on the fourth -Tuesdays of 
April and September ; at Milford, on the second Tuesdays 
of April and Septeml>er ; at Templeton, on the second 
Tuesdays of May and October, and at Barre on the Wednes- 
days next after the second Tuesdays of May and October in 
each year, instead of the times and places now provided by 
law. 

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

Ajiproved May 10, 18G9. 



—not to dis- 
criminate be- 
tween parties 
otlering proper- 
ty for transpor- 
tation. 



S. J. C. may 
enforce these 
provisions. 



Penalty, and 
how recovered. 



Probate courts 
in Milford and 
Bajre, 



1869.— Chapters 254, 255, 256. 587 

An Act authorizing the appointment of two additional Chap. 254 

TKIAL justices IN THE COUNTY OF HAMPSHIRE. 

Be it enacted., iS'tf., ax follows : 

Section 1. Section thirty-four of chapter one hundred ^"'s"!?,™'^'^ 
and twenty of the General Statutes is hereby amended by * ' ~ ' 
striking out the word eight in the fifth hne of said section, 
and inserting the word ten. 

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

Approved May 10, 1869. 

An Act authorizing the expenditure of money for educa- (JJiap. 255 

TIONAL PURPOSES IN THE STATE PRISON. ^ 

Be it enacted, tVc, as follows : 

The warden and inspectors of the state prison are hereby $i,oooniaybe 
authorized to expend from the appropriation made for the ^v^^^den^nri^ 
support of said prison, a sum not exceeding one thousand eSdouar'" 
dollars per annum, in furnishing suitable instruction in purposes, 
reading, writing, and such other branches of education as 
they may deem expedient, to such of the convicts as may be 
benefited thereby and are desirous of receiving the same. 

Approved May 10, 1869. 

An Act to amend section eight of chapter three hundred 

AND forty-two, OF THE ACTS OF THE YEAR EIGHTEEN 

AND SIXTY-SEVEN, RELATING TO THE WIDENING OF A BRIDGE IN 

CHELSEA, BY THE EASTERN RAILROAD COMPANY. 

Be it enacted, Sfc., as follows : 

Section 1. Section eight of chapter three hundred and Eastern Raii- 

- ,.1 •! 1111 road Co. to com- 

forty-two 01 the acts ot tlie year eighteen hundred and piete widening 
sixty-seven, is hereby so amended, that the Eastern Railroad s'eabyoct. W 
Company is required to complete the widening of the bridge ^^°^- 
on the Salem turnpike road, in the city of Clielsea, as pro- 
vided in said section, by the first day of OctoV)er next. 

Section 2. If upon the completing of said widening in -may recover 
the manner prescribed in the chapter aforesaid, either the Aib'^ny.'^Bo'ton 
Boston and Albany Railroad Company, as successors and ^"^J jyoi-ecster 
assigns of the Boston and vv orcester Rauroad Company, or ciieisea uaii- 
the Boston and Clielsea Railroad Company, shall, upon their p?oporHou 
demand by the Eastern Railroad Company, refuse or neglect of|ost of widen- 
to pay their proportion of the expense of the widening of 
said bridge, as provided in said chapter, the Eastern Railroad 
Company may recover of such delinquent company such 
proportion of such expense with costs, in an action of con- 
tract in the supreme judicial court in the county of Suffolk, 
and if the defendants therein shall fail to pay to the plain- 
tiffs, on demand, the amount of the judgment in such suits, 
the said court shall, on application of the plaintiffs, grant an 



HUNDRED Chap.256 

HUNDRED -^ • 



588 



1869.—CHAPTER 257. 



Penalty on 
Eastern Kail- 
road for failure 
of compliance. 



Plymouth 
water scrip, 
sinking fund 
for payment to 
be establislied. 



injunction to ^prevent said defendants, their successors and 
assigns, from using or running their raih'oad under said 
bridge, or upon or over said bridge, as now existing, or as it 
may be widened, or over any part tliereof, until said judg- 
ment shall be paid, without prejudice to the other remedies 
of the plaintiffs. 

Section 3. In case said Eastern Railroad Company shall 
fail to comply with the provisions of the first section of this 
act, it shall be subject to a fine of twenty-five dollars per day 
for each day's failure of compliance after the said first day 
of October. 

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

Approved May 10, 1869. 
Chcip. 257 An Act to provide for the election op trustees of the 

SINKING FUND OF THE PLYMOUTH WATER SCRIP, AND FOR OTHER 

PURPOSES. 

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

Section 1. The surplus of the net income derived from 
the water works of the town of Plymouth, after payment of 
the semi-annual interest upon the water scrip authorized to 
be issued by said town, by the provisions of chapter three 
hundred and fifty-one of the acts of the year eighteen hun- 
dred and fifty-four, and chapter sixty-one of the acts of the 
year eighteen hundred and fifty-five, after deducting the cost 
of distribution and repairs, and other expenses incident to 
the same, together with such sums as said town may from 
time to time appropriate therefor, shall be set apart as a 
sinking fund, which, with the accumulated interest upon the 
same, shall be devoted to the payment of said water scrip at 
maturity. 

Said town shall, at a meeting called for that purpose, elect 
three trustees by ballot, whose term of office shall continue 
until the maturity and payment of said scrip ; and in case 
of any vacancy occurring in said board of trustees, the town 
shall, at the next annual meeting, fill such vacancy by ballot. 

Section 2. Said trustees shall hold, invest and manage 
said sinking fund, rendering to said town at each annual 
meeting a statement of the condition thereof ; shall severally 
give bonds in the sura of five thousand dollars, for the faith- 
ful performance of the duties of their trust, and shall serve 
without pay. 

Section 3. Section five of chapter three hundred and 
fifty-one of the acts of the year eighteen hundred and fifty- 
four, is hereby repealed. 

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

Approved May 10, 1869. 



Trustees to be 
elected. 



— to manage 
sinking fund, 
give bonds and 
serve without 
pay. 



Kepeal. 



1869.— Chapters 258, 259. 589 

An Act in addition to an act establishing the state work- Chap. 258 

HOUSE at BRIDGEWATER. 

Be it enacted, §•<;., as follows : 

Section 1. Upon complaint of the overseers of the poor of Persons con- 
any city or town, trial justices and justices of the police and fences mentiou- 
municipal courts may, in their discretion, commit persons Ij^os.S'.maj^'be 
convicted before them of any of the offences enumerated in committed to 

in n t 111 ■''tite work- 

sections twenty-eight and thirty-five of chapter one hundred house at liridge- 

and sixty-five of the General Statutes, to the state workhouse ^^^^'^^ 

at Bridgewater, for a term not less than three months nor 

more than two years, there to be governed and subject to 

the same liabilities as persons sentenced under the provisions 

of chapter one hundred and ninety-eight of the acts of the 

year eighteen hundred and sixty-six ; or such offenders may 

be sentenced as now provided by law. 

Section 2. The board of state charities shall have the Roar<i of state 

cliaiit]es may 

same power to apprentice or discharge any person so com- apprentice or 
mitted, as is now vested in overseers of houses of correction ; peMons^'' ^"^"^ 
and they may cause any such person, not having a legal ;7'"'^v'''TT^ 
settlement within this Commonwealth, to be removed to the where they 
state or place where he belongs, or wlience he came, in '^"^'""s- 
accordance with existing laws. But if any person so removed |^|fg'"b''efore^exp'i- 
shall return to this state before the expiration of his term of ration of term 
sentence, he shall be liable to be re-arrested and returned to may be re-com- 
the state workhouse, there to serve out the remainder of said °""ed. 
term. 

Section 3. If any person so committed shall have a legal •'^^fj'f J* b° '^^ 
settlement in any city or town in this Commonwealth, the place of settie- 
said city or town shall pay for his support such sum per ™*'" ' 
week as may be fixed upon by the said board, reference 
being had to his capacity for labor; and all moneys so 
received shall be paid into the treasury in the manner 
now provided by law : provided, however, that upon the Proviso. 
written request of said overseers, the board of state charities 
shall permit him to be transferred to the workhouse of his 
place of settlement, where he shall serve out the remainder 
of his sentence. Approved May 10, 1869. 

An Act to increase the capital stock ok the new haven and Qfidp^ 259 

NORTHAMPTON COMPANY. "' 

Be it enacted, Sfc, as foliates : 

Section 1. The New Haven and Northampton Company $1,500,000 addi- 
is hereby authorized to increase its capital stock by adding gto°^| capital 
thereto a sum not exceeding one million five hundred thou- 
sand dollars, to be divided into shares of one hundred dollars 
each, to be issued in such manner as the directors of said 



590 1869.— Chapter 260. 

Provisos. company shall determine : provided, that the capital stock of 

said company shall not at any time exceed the actual cost of 
its railroad, stations and equipments ; and provided, also, 
that no sliares shall be issued until the full value of each 
share is paid in in cash. 

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

Approved May 10, 1869. 
Chap. 260 Ax Act to incorporate the Massachusetts central railroad 

COMPANY. 

Be it enacted, ^'c, as follows : 
Corporators. SECTION 1. Edward Denny, Joel Hayden , Francis Brigham, 

James S. Draper, Constance Soutlnvorth, Edward Atkinson, 
Francis Edson, B. H. Tripp, Charles A. Stevens, C. C. Aldrich, 
Lafayette Maltby, Henry F. Hills, Philo Chapin, their associ- 
ates and successors, are hereby made a corporation by the 
Name. name of the Massachusetts Central Railroad Company; with 

Powers and du- all the powcrs and privileges, and subject to all the restric- 
tions, duties and liabilities set forth in the general laws which 
now are or may hereafter be in force relating to railroad cor- 
porations. 
roaSfvJm wii' ^ECTiON 2. Said Corporation may locate, construct, main- 
iianisbnrg to taiu and operate a railroad, with one or more tracks, com- 
su'dburyitheuce mcnciug at soiiic Convenient point in the town of Williaras- 
oflTudbiMT*' ^'"'S? thence running by the most convenient route through 
S'toFitcii *^^^ towns of Northampton, Easthampton, Westharapton, Hat- 
burg Kaihoad. field, Hadlcy, South Hadley, Amherst, Granby, Ludlow, 
Belchertown, Enfield, Greenwich, Ware, Palmer, West 
Brookfield, New Braintree, Hardwick, Dana, Petersham, 
Barre, Phillipston, Oakham, Hubbardston, Rutland, Prince- 
ton, Holden, Sterling, Boylston, West Boylston, Clinton, 
Lancaster, Northborough, Berlin, Bolton, Hudson, Stow and 
Marlborough, or any of them, to Mill Village, in' Sudbury ; 
thence over the line of the Wayland and Sudbury Branch 
Railroad Company, incorporated in the year eighteen hun- 
dred and sixty-eight, to its terminus near the Stony Brook 
station on the Fitchburg Railroad. 
iridsudbury Section 3. The Wayland and Sudbury Branch Railroad 
Bianeh merged Company is hereby consolidated with and merged in the 
trai Kaiiroad" Massachusetts Central Railroad Company hereby incorpo- 
rated ; and the said Massachusetts Central Railroad Company 
shall have all the powers and privileges, and be subject to all 
the restrictions, duties and liabilities set forth in the act of 
incorporation of the said Wayland and Sudbury Branch 
Railroad Company. 



1869.— Chapter 260. 591 

Section 4. The WilHamsburar and North Adams Railroad wiiiiamsb„rg 

~ • 1-1 •! 1111 •''"'^' ^ ■ Adams 

Company, incorporated ni tlie year eighteen hundred and Kaiirona aiui 
sixty-seven, and the said Massachusetts Central Railroad KaUniiu'i'inay 
Company, hereby incorporated, are hereby authorized and cousohdatc 
empowered to merge and consolidate their capital stock, 
rights, powers, franchises and privileges of every descrip- 
tion : provided, the said corporations, at meetings of their Proviso, 
respective stockholders, duly notified, shall vote so to do. 
And by virtue of such merger and consolidation, all the 
rights, privileges and property of the said Williamsljurg and 
North Adams Railroad Company shall vest in the Massachu- 
setts Central Railroad Company, hereby incorporated. 

Section 5. The Massachusetts Central Railroad Company -ware River 
may enter with its road upon, unite with, and use the road iK^tMUe^Tcufpon 
of the Ware River Railroad Company ; and the said Ware Mass"5eliu4i 
River Railroad Company is hereby authorized to sell, assign Kaiiioad. 
and convey, or lease its road and franchise, or any part 
thereof, to the said Massachusetts Central Railroad Com- 
pany, which is hereby empowered to purchase or hire the 
same, or said corporations may merge and consolidate their 
capital stock, rights, powers and fi-anchises of every descrip- 
tion : provided, the stockholders of the said corporations, at Proviso, 
meetings duly notified, shall vote so to do. 

Section 6. The Massachusetts Central Railroad Company Mass. central 
may also enter with its road upon, unite with, and use the nui^^nh^evr 
roads of the New Haven and Northampton Railroad Com- tMit'iViveT'^*^''' 
pany, the Connecticut River Railroad Company, the New ^?^7 1^""*^°" 
London Northern Railroad Company, the Worcester and cesterand 
Nashua Railroad Company, the Boston, Clinton and Fitch- otifeV'raLkoads. 
burg Railroad Company, the Lancaster and Sterling Branch 
Railroad Company, the Fitchburg Railroad Company, or 
either or any of said companies ; and either of the above 
named corporations may enter upon, unite with, and use 
the road of the Massachusetts Central Railroad Company, 
subject to all general laws relating to railroad corporations. 

Section 7. The towns named in the second section of certain towns^ 
this act, and also the towns of Wayland and Weston, or in'iiass. cen- 
either of them, are hereby authorized, when so voting at a ^rai Kaiiroad. 
I'egal town meeting duly called for the purpose, to subscribe 
for and hold shares in the capital stock of the Massachusetts 
Central Railroad Company, to an amount not exceeding five 
per centum of the assessed valuation of each of said towns 
respectively. Aud said towns may pay for said shares, so 
voted to be taken, 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 ueces- 



592 



1869.— Chapter 261. 



Capital stock 
and shares. 



To be located in 
three years and 
constructed in 
six years. 



Chap, 261 



Passenger sta- 
tion at Xatick 
to be removed 
when county 
commissioners 
shall order. 



Commissioners 
to determine 
whether cross- 
ing shall be by 
bridge or other- 
wise. 



Penalty on rail- 
road upon fail- 
ure to comply 
with require- 
ments of com- 
missioners. 



sary to pay for the same, and may hold and dispose of the 
same like other town property. And the selectmen of such 
towns, or any agent specially chosen for that purpose, shall 
have authority to represent said towns respectively, at any 
and all meetings of the Massachusetts Central Railroad 
Company ; and said towns so represented are hereby author- 
ized to vote on the whole amount of the stock held by such 
towns respectively, anything in the sixty-third chapter of the 
General Statutes to the contrary notwithstanding. 

Section 8. The capital stock of the Massachusetts Central 
Railroad Company shall be fixed by the directors thereof, at 
an amount not less than three million dollars, with authority 
to increase the same from time to time, to an amount not 
exceeding six million dollars. And said stock shall be divided 
into shares of one hundred dollars each. 

Section 9. This act shall take effect upon its passage, 
and shall be void unless the said railroad be located within 
three years, and constructed within six years from the passage 
hereof. Approved May 10, 1869. 

An Act concerning the passenger station of the boston and 
albany railroad company at natick, and the laying out 
of a crossing at that place. 
Be it enacted, ifc, as follows : 

Section 1. If at any time the county commissioners of 
the county of Middlesex shall, after due notice and hearing, 
adjudge that public convenience and necessity require a 
public carriage or foot way to be laid out across the track of 
the Boston and Albany Railroad at the continuation of Wash- 
ington Street, so called, in Natick, the Boston and Albany 
Railroad Company shall remove their passenger station so as 
not to obstruct said way when and as said commissioners shall 
order. 

Section 2. Said commissioners shall determine whether 
said crossing shall be by a bridge or otherwise, and whether 
it shall be a foot or carriage way, and what proportion, if 
any, of the cost of said crossing shall be paid by said Boston 
and Albany Railroad Company, and what by said town of 
Natick. 

Section 3. In case the said Boston and Albany Railroad 
Company shall fail to remove its passenger station, as required 
by the first section of this act, said company shall be subject 
for such failure or offence, to a fine of twenty-five dollars per 
day for each day's non-compliance, after the time fixed as 
aforesaid for removal. 

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

Approved May 10, 1869. 



1869.— Chapters 262, 263, 264. 593 

An Act to extend the time for the location and construc- Chap. 262 

TION OF the extension OF THE CAPE COD RAILROAD. 

Be it enacted, ^'c, as follows : 

The time allowed to locate the extension of the Cape Cod ^ij,'^^g^°t^ej°{jfj 
Railroad through the town of Eastham to the village in 
Wellfleet, is hereby extended to the first day of June, in the 
year eighteen hundred and seventy-one ; and to construct 
the same, to the first day of June, eighteen hundred and 
seventy-three. Approved May 10, 1869. 

An Act to authorize charles c. pettingell and others to Chap. 263 

CONSTRUCT A RAILWAY AND WHARF IN SALEM. "' 

Be it enacted, §'c., as follows : 

Section 1. License is hereby given to Charles C. Pettin- Maybuiid 
gell, Charles A. Ropes and Joseph F. Walden and their madne'^raiiway 
associates, to build a wharf and marine railway on land now *" saiem. 
owned by them in Salem, lying between East Garden Street 
and the channel of the South River, not to extend below 
low-watermark: proinded, that all things done under this Subject to ap- 
act shall be subject to the determination and approval of the {IiTcommis'^.'^' 
harbor commissioners, as provided in section four of chapter ^'o^ers. 
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 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 10, 1869. 
An Act in relation to union passenger and freight depots Chap, 264 

IN WORCESTER. 

Be it enacted, Sf^c, as follows : 

Section 1. The Boston and Albany Railroad Company, union passen- 
the Norwich and Worcester Railroad Company, the Provi- depot" i/wor- 
dence and Worcester Railroad Company, and the Worcester '"^*'*'''" 
and Nashua Railroad Company, are hereby authorized to 
make such arrangements as shall be mutually agreed on by 
all the respective boards of directors of said companies for 
the location, establishment, construction and maintenance, 
by all or any one or more of said companies, both of a union 
passenger station or stations, for the benefit, use and accom- 
modation of all of said companies, and of freight depots, at 
su'ch point or points in the city of Worcester, as shall in the 
opinion of said boards, best facilitate the public convenience 
and the transaction of business, in the passing and inter- 

26 



594 



1869.— Chapter 265. 



Railroad com- 
panies may 
take lands for 
depots and ad- 
ditional rail- 
road tracks. 



— may discon- 
tinue old de- 
pots, &c., and 
sell land. 



— may alter 
grades, &c., 
with consent of 
aldermen. 



Damages. 



change of passengers and freight to, from and between the 
respective roads of said companies. 

Section 2. If said companies shall agree to establish either 
such union passenger station or stations, or said depots, or 
both, and shall agree at what place or places the same shall 
be established, then said companies, or any one or more of 
them, are hereby authorized to purchase or otherwise take 
such lands or materials in said city, as said boards of direc- 
tors shall deem expedient for any or all the purposes afore- 
said, and for such additional railroads and tracks as said 
arrangements shall in their opinion render desirable ; and, 
with the consent of the board of mayor and aldermen of the 
city of Worcester, after said union station or stations and 
depots shall have been constructed fit for use, to discontinue 
such stations, depots, tracks and portions of their respective 
railroads, as the directors of the company to whom the same 
belong shall deem expedient, and may sell and convey in fee 
simple the lands occupied by such stations, depots, tracks or 
portions, in all cases where the fee is now owned by any of 
said corporations, and not otherwise : provided, that land 
taken or purchased under this act shall not be exempt from 
taxation. 

Section 3. For the purposes aforesaid, said companies 
respectively are authorized to make any changes in the grade 
and construction of their several railroads, and, with the 
consent of said board of aldermen, to raise, lower, alter the 
course of, or otherwise change any highways in said city. 

Section 4. In the exercise of the powers granted by this 
act, said corporations, and any person or corporation who 
shall sustain any damage in their property, shall have all the 
rights, privileges and remedies, and be subject to all the 
duties, liabilities and restrictions, which now are or may be 
provided by the general laws of this Commonwealth in the 
like case. Approved May 10, 1869. 



Chap. 265 



Corporators. 



An Act to incorporate the trustees of the home for aged 
females, in the city of worcester. 

Be it enacted, §r., as foUoivs : 

Section 1. Charles Washburn, P. L. Moen, W. A. S. 
Smyth, and their successors, are hereby made a corporation 
by the name of The Trustees of the Home for Aged Females, 



Name and pur- 

Pow dd ^^^ ^^'® ^^^y ^^ Worcester ; with all the powers and privileges, 
ties. and subject to all the duties, restrictions and liabilities set 

forth in the sixty-eighth chapter of the General Statutes. 



1869.— Chapter 265. 595 

Section 2. The said trustees shall have the power to May hold prop, 
take and hold the property, personal and real, given by win frichabod 
Ichabod Washburn, late of Worcester, deceased, by his last "^^'^shbum. 
will and testament, for the purpose of establishing and main- 
taining a home for aged females, and shall hold and admin- 
ister the said estate for the charitable uses mentioned in said 
will. 

Section 3. The officers of said corporation shall be a officers to be 

., , iiiiiivi fleeted annu- 

president, secretary and treasurer, who shall be elected aiiy. 
annually. The secretary shall keep a record of the acts and secretary to 

kcfcD rGcord 

doings of the corporation in a book prepared for the purpose, 
in which he shall also record a copy of this act of incorpora- 
tion. The treasurer shall give bond, with sureties satisfac- Treasurer to 
tory to the trustees, in double the amount of the property ^'^'^^°'^*^' 
intrusted to him, conditioned to safely keep, invest and 
disburse the funds so intrusted to him, according to the 
terms of said will. 

Section 4. Tiie said trustees shall have power annually Trustees to 
to elect the visitors of said home as provided for in said will, of visitors. 
and shall also have power to fill by election any vacancies 
occurring in their own board by death, resignation or other- 
wise. And the secretary of the corporation shall be the Secretary of 
secretary of the board of visitors, and keep a record of their 
acts and doings in the same book in which he keeps the 
record of the corporation. 

Section 5. The said trustees are hereby authorized and Trustees may 
empowered to sell or dispose of, at public or private sale, for ary interest iii 
an adequate consideration, any reversionary interest or title uutothe^wul? 
they may have or hold under said will, in or to any estate, 
personal or real, and to execute all deeds and instruments 
that may be necessary to perfect such sale ; and to settle 
and compound with any and all persons who may have any 
interest or title in or to such estate or property, of which the 
said trustees hold the reversion by the provisions of said will: 
provided, that the proceeds of such sale or settlement shall Proviso. 
be held, invested and administered by said trustees and their 
successors, upon the trusts and for the uses and purposes set 
forth in said will. 

Section 6. Said corporation may hold real estate to the Real and per- 
value of fifty thousand dollars, and personal property to the ^""^^^ ^^^ate. 
value of one hundred and fifty thousand dollars. 

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

Apj^roved May 10, 1869. 



596 



1869.— Chapter 266. 



Chap. 266 



Bridge, by 
whom to be 
kept in repair. 



County commis- 
sioners to ap- 
portion and 
assess probable 
expense of re- 
pairs, &c., an- 
nually in ad- 
vance. 



—to order to 
whom amounts 
shall be paid 
and by whom 
disbursed. 



Money to be 
raised as for 
streets and 
highways. 



Commissioners 
to issue war- 
rants of distress 
against delin- 
quents. 



An Act concerning the malden bridge. 

Be it enacted^ §'c., as follows : 

Section 1. Maiden Bridge, over Mystic River, in the city 
of Charlestown, shall hereafter be kejDt in repair, and the 
draw thereof opened for the passage of vessels, at all proper 
times, at the expense of such cities and towns as may be 
specially benefited by the maintenance of said bridge, and of 
such corporations as may have authority to run street rail- 
way cars or other vehicles, or parties engaged as common 
carriers of passengers over said bridge. 

Section 2. The county commissioners of Middlesex county 
shall, in the month of May of the present year, and thereafter 
in the month of April, annually, after due public notice and 
hearing of all parties in interest, proceed to determine and 
award what cities, towns, corporations and parties engaged 
as common carriers of passengers over said bridge, are bene- 
fited as aforesaid, and apportion and assess the probable 
expense of the repairs and maintenance of said bridge for 
the next ensuing year, in such manner and amount as they 
shall deem equitable and just. 

Section 3. The said commissioners shall, immediately 
after said determination or award, decide and order to 
whom said amounts shall be paid, and by whom disbursed ; 
and shall, on or before the first day of June, in the present 
year, and thereafter, annually, on or before the first day of 
May in each year, notify said cities, towns, corporations and 
parties engaged as common carriers of passengers over said 
bridge, of the amount assessed upon each. 

And the cities and towns aforesaid shall raise the amounts 
so assessed in the same manner as money is now by law 
raised for the streets and highways in said towns and cities ; 
and it shall be the duty of the officers thereof to act in the 
matter, and they shall have the same power and authority as 
in the assessment and collection of taxes for the repairs of 
streets and highways. 

And if the other corporations or parties engaged as com- 
mon carriers of passengers over said bridge aforesaid, shall 
not make payment, as ordered by the said commissioners, on 
or before the first day of July next ensuing, of each year, 
the said commissioners shall issue their warrant of distress 
against any such delinquent corporation, or parties engaged 
as common carriers of passengers over said bridge, for the 
amount assessed thereon, together with interest upon the 
same from the time it was payable, and reasonable costs. 
And the same shall be enforced and collected in the same 



1869.--CHAPTEE 267. 597 

manner as orders by county commissioners are now by law 
enforced. 

Tlie assessment herein provided for upon any cities or Assessments 

1 1 1 ,1 rr ^T f r J.1 tor the present 

towns may be made by the proper omcers thereoi, lor the year. 
present year, at any time before the tax lists are committed 
to the several collectors, and the assessment shall be taken 
as made of the first day of May of said year. And any 
assessment that shall be or that has been made during the 
present year under the provisions of chapter ninety-nine of 
the acts of the year eighteen hundred and fifty-nine, is hereby 
declared null and void. 

Section 4. If either of said commissioners shall reside in wiien special 

. . PTiriT commissioner 

the city of Charlestown, or in either oi the towns oi Maiden, siiaiiact. 
Melrose, Wakefield, Reading, North Reading or Stoneliam, 
then a special commissioner shall act in his stead, as pro- 
vided in section twelve of chapter seventeen of the General 
Statutes. 

Section 5. The mayor and aldermen of the city of 5erme'"n*rf ^^' 
Charlestown shall take the care and superintendence of ciiariestown to 
said bridge, and shall employ all services necessary in the bridge. 
care thereof; and said city shall be liable for any loss or cityiiaWefor 

..,,,' *',., CI 'o^s througti 

injury that any person may sustain by reason oi any careless- neglect, &c. 
ness, neglect or misconduct of its agents and servants in 
such management and superintendence. 

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

Apjjroved May 10, 1869. 
An Act to incouporate the saint Joseph's lyceum in cam- Chap. 267 

BRIDGE. 

Be it enacted, Sfc, as follows : 

Section 1. James Cox, J. H. Jessop, James L. Duffy, corporators. 
their associates and successors, are hereby made a corpora- 
tion under the name and title of the St. Joseph's Lyceum, in Name and pur- 
the city of Cambridge, for literary and educational purposes; ^°^^' 
with all the powers and privileges, and subject to all the Powers and du- 
duties, restrictions and liabilities set forth in all general 
laws which now are or hereafter may be in force in relation 
to such corporations. 

Section 2. Said corporation, for the purposes aforesaid, Real estate, 
may hold real estate to the amount of seventy-five thousand 
dollars. 

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

Approved May 10, 1869. 



598 



1869.— Chapter 268. 



Chap. 268 An Act to incorporate the duxbury bridge company. 

Be it enacted, ^-c, as follows : 

Section 1. David Cushman, George W. Wright, Allen 
Prior, their associates and successors, are hereby made a 
corporation by the name of the Duxbury Bridge Company ; 
witli all the powers and privileges, and sulyect 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 cor- 
porations. 

Section 2. Said corporation is hereby authorized and 
empowered to construct a pile bridge across the waters of 
the harbor of Duxbury, commencing at some point on 
Powder Point, so called, and extending in a straight line 
to Salt House Beach, so called, and the capital stock of said 
corpoi'ation shall not exceed twenty-five thousand dollars, 
divided into sliares of one hundred dollars each, with the 
right to purchase and hold such real and personal estate as 
may be necessary and convenient for the purposes of this 
act, not exceeding that sum. Said bridge shall be well built 
of suitable materials, at least twenty feet wide, and floored 
with planks, with sufficient railings on each side, and shall 
have a suitable draw in the same at least twenty-four feet 
wide, for the passage of vessels, all of which shall be kept in 
good repair at all times : provided, that the structures built 
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. 

Section 8. A toll is hereby granted to said corporation, 
and established at the following rates, namely : for each . 
horse and inder, ten cents ; for each chaise, cab, carryall, 
buggy or sleigh drawn by one horse, fifteen cents ; for each 
carriage, coach, phaeton or sleigh drawn by two horses, 
twenty cents ; for each additional horse, five cents ; for each 
cart, wagon, sled, sleigh, or other carriage of burden, drawn 
by one beast, fifteen cents; and for each additional beast, five 
cents ; for each horse without a rider, and for neat cattle, 
asses and mules, five cents each ; for sheep and swine, two 
cents each ; for each single person, two cents. 

Section 4. The said tolls shall commence on the day of 
the opening of said bridge for public use, and continue until 
revoked by the legislature; and at the place of receiving said 
tolls there shall be constantly exposed to view, a sign-board 

Rates of toll ^^^^'^ ^^'® ^^^^ ratcs of toll fairly and legibly printed thereon. 

may be com- The ratcs of toll uiav be commuted with any person. 

muted. •' •' ^ 



Corporators, 



Name. 



Powers and dU' 
ties. 



May build 
bridge across 
Duxbury liar- 
bor. 



Cafiital stock 
and sliares. 



Bridge to be 
twenty feet 
wide, with 
suitable draw. 



Proviso. 



Eates of toll. 



Tolls to con- 
tinue until re- 
voked by legis- 
lature. 



1869.— Chapters 269, 270, 271. 599 

Section 5. If said corporation sliall neglect, for the space Bridge to be 
of five years from the passage of this act, to build and finish years"or act 
said bridge, then this act shall be void. ^'^'^'^- 

Section 6. The town of Duxbury herein named, is hereby Duxburymay 
authorized to subscribe for and hold stock in the Duxbury bruige.'if voters 
Bridge Company, incorporated by this act, to an amount not s*^ ti^'^'iie- 
exceeding one per centum on the valuation of said town, 
whenever a ma^jority of the voters of said town, present and 
voting at a legal town meeting duly called for that purpose, 

shall so vote. Approved May 10, 1809. 

An Act to incokporate the Massachusetts brick company. Ch(ip.269 
Be it enacted, §'c., as foUoios : 

Section 1. William Claflin, Oliver Ames, J. S. Potter, corporators. 
their associates and successors, are hereby made a corpora- 
tion by the name of the Massachusetts Brick Company, for Name and pur- 
the purpose of manufacturing bricks in the towns of Somer- ^°'^'^' 
ville and Medford ; with all the powers and privileges, and Powers and du- 
subject to all the duties, restrictions and liabilities set forth in 
all general laws which now are or may hereafter be in force 
relating to manufacturing corporations. 

Section 2. Said corporation may hold, for the purposes Real estate, 
aforesaid, real estate necessary and convenient for its busi- *'"^"'"""- 
ness to an amount not exceeding three hundred thousand 
dollars, and the whole capital stock shall not exceed five capUai stock, 
hundred thousand dollars, divided into shares of one hundred *^^'*'^o'^- 
dollars each : provided, hoioever, that said corporation shall Proviso, 
not go into operation until two hundred thousand dollars of 
its capital stock shall be paid in in cash. 

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

Approved May 10, 1869. 

An Act in addition to an act to incorporate the Massachu- 
setts CHARITABLE MECHANIC ASSOCIATION. 

Be it enacted, Sfc, as folloivs : 

The Massachusetts Charitable Mechanic Association is $100,000 addi- 
hereby authorized to hold real and personal estate to the purToma'l'stat'e. 
value of one hundred thousand dollars in addition to the 
amount it is now authorized to hold ; and the income of the 
same shall be applied to the same purposes as are specified 
in the former acts concerning said association. 

Approved May 10, 1869. 

An Act to chanc+e the name of the " lyceum of the town 
of cambridge," and for other purposes. 

Be it enacted, i^c, as follows : 

Section 1. The lyceum of the town of Cambridge, a cor- Name changed 
poration organized on the sixth day of May, in the year LyceZl'"''^^ 



Chap. 270 



Chap. 271 



600 



1869.— Chapter 272. 



Capital stock 
increased. 



Eights not 
atiected. 



Chap. 272 



Draws to be 
widened under 
directiou of 
harbor commis- 
sioners. 



To be paid for 
out of Charles 
Kiver and War- 
ren Bridge 
fund. 



Proviso. 



Expense of 
maintaining 
bridges and 
draws to be 
apportioned be- 
tween Boston 
and Cliarles- 
town. 

Surplus of fund 
to be divided. 



eighteen hundred and forty-one, under the provisions of 
section seven of chapter forty-one of the Revised Statutes, 
shall be hereafter called and known as the " Cambridge 
Lyceum." 

Section 2. Said corporation is hereby authorized to 
increase its capital stock to an amount which, including 
the amount now authorized by law, shall not exceed the 
sum of sixty thousand dollars ; and shall have the right to 
purchase and hold adjoining real estate for the purpose of 
enlarging the buildings upon their preiuises. 

Section 3. This act shall not affect the rights or privi- 
leges of any other person or corporation which now exist or 
wliicli are held in the real or personal property of said 
Cambridge Lyceum. 

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

Approved May 10, 1869. 
An Act providing for the widening of the draws in charles 

RIVER bridge and WARREN BRIDGE, AND FOR OTHER PURPOSES. 

Be it enacted., §'c., as follows : 

Section 1. The commissioners appointed under section 
one of chapter three hundred and twenty-two of the acts of 
the year eighteen hundred and sixty-eight, shall forthwith 
cause to be made, in lieu of the existing draws in Charles 
River and Warren Bridges, a draw in each bridge with a 
clear opening of forty-four feet in width, in such position, 
and of such form and construction as the harbor commis- 
sioners shall determine. 

Section 2. Said commissioners are hereby authorized and 
directed to apply to the construction of said draws so much 
as may be necessary of the unexpended balance of the Charles 
River and Warren Bridges fund, and the same is hereby 
appropriated for that purpose : pt'ovided, that until the com- 
pletion of said draws, said commissioners shall have the sole 
charge and management of said bridges and draws, and may 
apply such portions of said fund as may be necessary to keep 
the same in repair. 

Section 3. Said commissioners, after due notice and 
hearing, shall, in such manner and amount as they shall 
deem just and equitable, apportion and assess upon the 
cities of Boston and Charlestown the expense of maintain- 
ing and keeping in repair said bridges and draws, and shall 
also at the same time in like manner assign and divide to 
and between said cities, any surplus of said fund remaining 
unexpended after said draws shall have been widened as 
above provided, and all other funds and property now 



1869.— Chapter 272. ' GOl 

belonging to said bridges ; and if said fund shall prove insuf- 
ficient to pay the expense of widening said draws, they shall 
in like manner assess and apportion such deficiency upon 
said cities. 

Section 4. Said commissioners shall return their award AwaM to be 
into the supreme judicial court, sitting lor the county oi iicT^-piedby 
Suffolk, and when said award shall have been accepted by'''"^*^" 
said court, the same shall be a final and conclusive adjudica- 
tion of all matters herein referred to said commissioners, and 
shall be binding upon all parties ; and said court may enforce 
the same by proper process. 

Section 5. tjpon the acceptance of said award by the r!'-i'i?e?tobp- 
court as aforesaid, the said bridges shall become highways, ami'to' iTe miun- 
and thereafter said bridges and draws shall be managed, loiratici^ ^"*' 
maintained and kept in repair by the cities of Boston and ciiariestowu. 
Charlestowii, according to the terms and proportions estab- 
lished by said award, and all damages recovered in any Damages for 
action at law, by reason of any defect or want of repair in ilfJiiess';"^ ^'^^^' 
either of said bridges or draws, or neglect or carelessness in 
the management thereof, shall be paid by said cities on the 
same terms and in the same proportions. The care and commissioners 

- .,,., ,',' 1111 !• tocoiisist of one 

management or said bridges and draws sliall be vested m a from each city. 

board of commissioners, consisting of one person from each 

city, chosen in accordance with such ordinances as said cities 

shall severally establish, and until such commissioners are 

chosen, the mayors of said cities shall ex officio constitute a 

board of commissioners. 

Section 6. The commissioners designated in the first Expense of 

» „ . . opening draws 

section of this act, m apportioning the expense oi maintain- to be included 
ing said bridges and draws, shall include the expense of tainiug? ^'^^^' 
opening the draws thereof and affording all necessary and 
proper accommodations to vessels having occasion to pass the 
same by day or by night. 

Section 7. Nothing in this act shall release the city of i^^repaiMimt^ 
Boston from its obligations to keep in repair all that part of part °^ warren 
Warren Bridge connected with its water works, or from its ed with water 
liability for any damages arising from any defect in or acci- '^°'^^^- 
dent to said works, or shall release the Middlesex Railroad roll^Ji'lf'f Bellas- 
Company from any legal obligation now existing, to maintain ed from uabiu- 
and keep in repair any portion of said bridges, or from any 
liability for loss or injury that any person may sustain by 
reason of any carelessness, neglect or misconduct of its 
agents or servants, Ai the management, construction or use 
of its tracks on said bridges. ^ 

Sections. Said commissioners shall, at public auction, Kight to bidid 
within six months from the passage of this act, sell and land of com- 
27 



602 • • 1869.— Chapter 273. 

monweaithnt disposG of tliG light to maintain a pile structure upon and 
Warren Briage, over the triangular piece of land belonging to the Common- 
auctio'u.''' **' wealth, situate at the Boston end of the Warren Bridge, and 
between the same, the southerly pier of its draw, and the 
Fitchburg Railroad bridge, and the purchaser shall have the 
How piles shall right to drivc piles and erect structures thereon ; but such 
be driven. jii^os shall be driven in a direction with reference to the 
current, and in a manner, as to sheathing or otherwise, as 
state may re- shall be required by the harbor commissioners ; but the right 
of pfii's'^to bT is reserved to the Commonwealth to require hereafter any 
changed. change in the position and direction of such piles, which the 

Proceeds of interest of the harbor may require; and the proceeds of all 
appiied.^^ ^ ^ salcs uudcr this section shall be paid into the treasury of the 
Commonwealth, to be applied to the sinking fund created by 
chapter three hundred and thirteen of the acts of the year 
eighteen hundred and sixty-four, or to the sinking fund 
created by chapter one hundred and twenty-two of the acts 
of the year eighteen hundred and sixty-five. 
Kepeai. SECTION 9. Chapter sixty-six of the acts of the year 

eighteen hundred and sixty-seven, chapter two hundred 
and thirty-seven of the acts of the year eighteen hundred 
and sixty-eight, and sections two, three, four, five, six, 
seven, eight and nine of chapter three hundred and twenty- 
two of the acts of the year eighteen hundred and sixty-eight, 
and all other acts and parts of acts inconsistent with this act, 
are hereby repealed. Approved May 12, 1809. 

Chap. 273 ■^'^ ■^^'^ "^^ make the new BEDFORD BRIDGE FREE. 

Be it enacted, ^'c, as follows: 

New Bedford SECTION 1. The bridge over the Acushnet River, between 
as"ahiginv.iy" the city of Ncw Bedford and the town of Fairhaven, known 
as the New Bedford Bridge, including the draws, piers, abut- 
ments and way over Fish Island and Pope's Island, respec- 
tively so called, is hereby laid out and shall become a public 
highway, upon the acceptance of the award of the commis- 
sioners hereinafter named, by the supreme judicial court, 
and entry of judgment thereon. 
Commissioners SECTION 2. Thc suprcmc judicial court sitting in any 
byb\ j'T.'" ^ county, or any justice thereof, after such notice as they may 
order, upon the application of the New Bedford and Fair- 
haven Bridge Company, or of ten legal voters of the city of 
New Bedford or town of Fairhaven, shall appoint a board of 
three commissioners ; and said commis^oners having first 
been dijjy sworn to the faithful and impartial discharge of 
their duties, shall, after due notice to all the parties inter- 
ested and a hearing, determine and award the amount to be 



1869.— Chapter 273. 603 

paid the said New Bedford and Fairhaven Bridge Company -to determine 

^ 1 r J^ -I • iP'ii'j J '. ' what places are 

as damages for the laymg out or said bridge, draws, piers, benefited and 
abutments and way, as a public highway. Said commis- sii^i'f'e'jfept 
sioners shall also determine and decree what cities and towns in repair, &c. 
in the county of Bristol are or will be specially and directly 
benejEited by the provisions of the first section of this act, 
and shall determine and decree what proportions of the 
damages aforesaid shall be paid by the said cities and towns, 
and by the county of Bristol respectively. Said commis- 
sioners shall also determine in what proportions and manner 
the said cities and towns benefited as aforesaid shall defray 
the expenses of the maintenance and repairs of said bridge, 
draws, abutments, piers and way, and all other expenses 

froperly incurred under the provisions of this act and not 
therwise herein provided for. And their determination and 
decree, or that of a major part of them, shall be made in 
writing and reported to the supreme judicial court, and also 
to said bridge company, and to each of said cities and towns, 
and to the county commissioners of Bristol county. And the 
same shall be binding upon all the parties interested therein, 
except that the said bridge company may appeal to a jury 
from the award of the said commissioners. And if the said Award to be 

, . . , . . T p binding unless 

company shall not appeal to a jury withm sixty days alter company apply 

. • ,, 1 1 J c • 1 • • for ajury within 

receiving the award and decree oi said commissioners as sixty days. 
aforesaid, then the same shall be absolutely binding upon all 
the parties interested therein. When the same shall have compensation 
been accepted and judgment entered thereon by the supreme °^^*i"™'"i*''io'i- 
judicial court, the just fees and expenses of said commis- 
sioners shall be paid by such of the parties interested as the 
said commissioners shall decree. 

Section 3. If the said bridge company shall appeal to a rroceedings in 
jury from the award of the said commissioners as aforesaid, toT juryf^*^* 
the same proceedings shall be had, and the same liabilities 
in regard to costs incurred, as is provided by law in the case 
of laying out highways by the county commissioners. The 
application for such jury shall be made to and acted upon 
by the county commissioners of the county of Bristol, and 
said jury may award to said bridge company a different sum 
as damages. The award of said jury shall be reported to 
the supreme judicial court, and when accepted, final judg- 
ment shall be entered upon the award of the commissioners 
aforesaid as modified by the award of said jury. All damages 
awarded and costs incurred under this section shall be paid 
by the same parties, and in the same proportions, as is 
provided in relation to the payment of damages in section 
second. 



604 



1869.—CHAPTERS 274, 275, 276. 



Liability for 



May issue addi- 
tional publica- 
tions. 



Additional real 
and personal 
estate. 



St^ndence'cF" SECTION 4. Upoii the Said bridge, draws, piers, abutments 
bridge within aiid wav becomino" a hiohway as aforesaid, the care and 

limits of New • "^ -, o y . p .\ ^• -.i • .1 

Bedford aud Superintendence ot such parts oi the same as he within tlie 
Fairhaven. corporate limits of the city of New Bedford and the town of 
Fairhaven, respectively, shall devolve upon the mayor and 
aldermen of said city, and the selectmen of said town 
respectively ; and liability for defects in said bridge, draws, 
piers, abutments and way shall exist on the part of said city 
and town for the portions of the same lying therein respec- 
tively, in like manner as for defects in town ways. 

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

Approved May 12, 1869. 

Chap. 214: An Act in relation to the boston wesleyan association. ^ 
Be it enacted, S^'c, ax follows : ' 

Section 1. The Boston Wesleyan Association is hereby 
authorized, in addition to a newspaper, to issue other publi- 
cations. 

Section 2. Said association is hereby authorized to hold 
real and personal estate to tlie amount of four hundred thou- 
sand dollars in addition to tlie amount of one hundred thou- 
sand dollars heretofore allowed by chapter forty-seven of tlie 
acts of the year eighteen hundred and fifty-four, and by 
chapter one hundred and sixty of the acts of the year 
eighteen hundred and sixty-six. 

Section 3. Said association shall declare dividends from 
its profits in furtherance of its objects at its discretion. 

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

Approved May 13, 1869. 

An Act in relation to the state prison. 
Be it enacted, §'c., as follows: 

The warden of the state prison may, at such times and 
under such circumstances as he deems expedient, with the 
consent of the inspectors, allow the convicts to assemble 
together in the yard for recreation and exercise. 

Approved May 15, 1869. 

Chap. 276 An act to amend chapter tiiirty-two of the general stat- 
utes, CONCERNING RELIGIOUS, CHARITABLE AND EDUCATIONAL 
ASSOCIATIONS. 

Be it enacted, ^'c, as follows : 

Chapter thirty-two of the General Statutes is hereby 
amended by inserting therein, after the word "educational," 
in sections one and five respectively, the words " literary, 
benevolent, scientific." Approved May 15, 1869. 



Dividends. 



Cliaj). 275 



Warden may 
allow convicts 
to be in the 
yard for exer- 
cise, &c. 



Amendment to 
G. S. 32. 



1869.— Chapters 277, 278. 605 

An Act fixing the timks and places of holding probate QJiap, 277 

COURTS IN THE COUNTY OF BARNSTABLE. "' 

Be it enacted, ^'c, as folloics : 

Section 1. Probate courts shall be held in each year in Probate courts 
the county of Barnstable, as follows : at Barnstable, on the count™." 
second Tuesdays of January, February, March, August, Sep- 
tember and December, and on the third Tuesdays of April 
and June; at Harwich, on the second Monday after the first 
Tuesday of May, and on the Monday after the third Tuesday 
of October ; at Orleans, on tlie third Tuesday of May and 
fourth Tuesday of October ; at Wellfleet, on the Wednesday 
next after the third Tuesday of May, and the Wednesday 
next after the fourth Tuesday of October ; at Provincctown, 
on the Thursday next after the third Tuesday of ^lay, and 
on the Thursday next after the fourth Tuesday of October ; 
and at Falmouth, on the third Tuesday of November, instead 
of the times and places now provided by law. 

Section 2. This act shall take effect upon its passage. 
^ . Approved May 15, 1869. 

An Act to authorize the county commissioners to lay out C/Jiap. 278 

AS a highway, a part OF THE OLD CEMETERY IN FOXBORO'. 

Be it enacted, cVc, as follows: 

The county commissioners of the county of Norfolk, are commissioners 
hereby authorized to lay out as a part of the highway known a^^i<rhwa°"part 
as Central Street, in the town of Foxborough, so much as [',[ FlfxborougZ 
the public convenience and necessity may require, of that 
part of the old cemetery in said town, which lies north- 
easterly of the following described line, to wit: commencing 
at a point on the south-easterly boundary of said cemetery, 
whicli is twelve feet distant from the south-westerly line of 
Central Street, and running north-westerly on a course 
parallel with the aforesaid line of said street, one hundred 
and eighty-four feet, and thence running westerly on a curve 
having a radius of thirty-five feet, to the south-easterly line 
of South Street : provided, hov^ever, that such laying out Proviso. 
shall not authorize the removal of the remains of any person 
interred in the land thus laid out, except in accordance with 
the written order of said commissioners ; and provided, also, cost of laying 

out &C. to uti 

that all the cost, expense and damages of such laying out of bor'ne by Fox- 
said cemetery as a highway, including the expense of the Iswoacoun- 
removal and reburial of the remains of the dead, occasioned *y- 
thereby, shall be borne by the town of Foxboro' and the 
county of Norfolk, in such proportions as said commissioners 
shall determine. Approved May 15, 1869. 



606 1869.— Chapters 279, 280, 281. 

Chap. 279 ^'^ -^cx to authorize the third unitarian society in dorches- 
ter to put a new valuation on their pews. 

Be it enacted, Sfc, as follows : 

May make new SECTION 1. The Third Unitarian Society of Dorchester 
pews. are hereby empowered to make a new valuation of the pews 

in their meetings-house. 

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

Approved May 15, 1869. 

Chap. 280 An Act to incorporate the hyde park branch railway 

company. 

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

Corporators. SECTION 1. Gordou H. Nott, William W. Fairbairn, Wil- 

liam F. Estey, tlieir associates and successors, are hereby 
Name and pur- made a corporiitiou by the name of the Hyde Park Branch 
^°*^' Railway Company, for the purpose of constructing and using 

a branch* railway from a point near the Hyde Park Station 
on the Boston and Providence Railroad, to some convenient 
point in Mill Village, so called, in the town of Dedham ; to 
be operated by horse power only, and to be used in the trans- 
rowers and du- portatiou of passcngei's and freight ; with all the powers and 
privileges, and subject to all the duties, restrictions and 
liabilities set forth in all general laws whicli are now or may 
hereafter be in force relating to street railroad corporations. 
Cipitai stock. SECTION 2. The Capital stock of said corporation shall not 
exceed seventy-five thousand dollars. 

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

Approved May 15, 1869. 
Chap. 281 An Act to incorporate the Massachusetts loan and deposit 

COMPANY. 

Be it e7iacted, Sfc, as follows : 
Corporators. Section 1. Benjamin F. Stevens, Franklin Haven, Sewell 

Tappan, their associates and successors, are hereby made a 
Name and pur- corporatioii by the name of the Massachusetts Loan and 
^'"'^" Deposit Company, to do business in the city of Boston, for 

the purpose of loaning money on real and collateral security, 
and of receiving upon storage or deposit, merchandise, stocks, 
bonds and other articles of value, and advancing- money 
Not to receive thcrcon : provided, that nothing in this act shall give the 
™o°s?t? °^ *" corporation liberty to receive money on deposit. 
Duties, restric- SECTION 2. Said Corporation shall be subject to the duties, 
_ionsau la i- yggj^pj^j JQ,jg r^nd liabilities set forth in the sixty-eighth chapter 
of the General Statutes, and in all general laws which now 
are or hereafter may be in force and applicable to said corpo- 
ration, and also to the provisions of the twenty-seventh section 
of the sixtieth chapter of the General Statutes. 



1869.— Chapter 282. 607 

Section 3. The capital stock of said corporation shall and'sifarer*^ 
not exceed one million of dollars, to be divided into shares 
of one hundred dollars each ; and it shall not commence 
business until four hundred thousand dollars of its capital 
stock has been paid in in cash ; and no shares shall be issued 
nor dividends made until the par value of such shares shall 
have been actually paid in in cash. 

Section 4. Said corporation may hold real estate in the Real estate, 
city of Boston suitable for the transaction of its business, 
not exceeding in value two hundred thousand dollars ; but 
all real estate acquired by foreclosure or by levy of execu- 
tion, shall be sold by public auction within two years of such 
foreclosure or levy. 

Section 5. Said corporation shall be subject to the pro- subject to pro- 
visions of chapter two hundred and eighty-three of the acts 283!°"*° ^ ' 
of the year eighteen hundred and sixty-five, and any acts 
now existing or that may hereafter be passed in amendment 
or in lieu thereof, and shall be liable to taxation for all Taxation. 
personal property, not its own, in its possession under mort- 
gage, pledge or otherwise, in the same manner and to the 
same extent, and subject to the same provisions for the 
assessment and collection thereof, as if it were the real 
owner of the same. » 

Section G. Said corporation shall be subject to the pro- subject to pro- 
visions of the second section of chapter one hundred and ly^lT^." 
ninety-two of the acts of the year eighteen hundred and 
sixty-six, and shall annually make return to the commis- To make return 
sioner of savings banks, at such time as may be designated er of "avhi^gs" 
by the governor, of the condition of said corporation, giving ^auks. 
a statement of the amount of the capital stock paid in ; the 
amount of outstanding loans at the date of the return ; the 
amount loaned during the year ; the amount loaned on real 
estate ; the amount loaned on merchandise ; the amount 
loaned on stocks and bonds; the amount loaned on other 
securities, and the rate and amount of dividend paid. 

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

Approved May 15, 1869. 
An Act to extend the tim^ for locating and completing the QJifln 9^0 

GLOUCESTER AND LANESVILLE KAILliOAD. 2 ' '^ ^ 

Be it enacted, ^'c, as folloim : 

Section 1. The time for locating the Gloucester and Time for loea- 
Lanesville Railroad, is hereby extended to the first day of ^^°" '^"'^'''" *"^' 
June, in the year eighteen hundred and seventy-two, and for 
the completion of tlie same to the first day of June, in the 
year eighteen hundred and seventy-four. 

Seciion 2. This act shall take efiect upon its passage. 
, Approved May 15, 1869. 



608 



1869.— Chapters 283, 284. 



Chap. 283 An Act to extend the time for locating and completing 

THE HOPKINTON AND MILFORD RAILROAD. 

Be it enacted, ^r., as follows : 

Timejonoca- SECTION 1. The time foF the location of the road of the 

pietiou extend- Hopkiiitoii aiid Milfoi'd Raih'oad Company is hereby extended 

^'^' to the first day of May, in the year eighteen hundred and 

seventy-one, and for tiie completion of the same to the first 

day of May, in the year eighteen hundred and seventy-three. 

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

Approved May 15, 1869. 



Chap. 284 



Winchendon 
may take stock 
ill railroads 
riiniiiiifr into 
that tovvu. 



Amount to be 
determined at 
a town meeting 
called for that 
purpose. 



May raise 
money by 
bonds, loan 
or tax. 



Committee to 
subscribe for 
stock and rep- 
resent town at 
tirst meeting of 
stockholders. 



An_,Act to authorizk the town of winciiendon to take stock 
IN certain railroad companies. 

Be it enacted, lVc, as follows : 

Section 1. The town of Winchendon is hereby authorized 
to subscribe to the capital stock of any railroad corporation 
or corporations that may be incorporated by the legislature 
during its present session, any part of whose railroad or rail- 
roads may pass through or have their terminus in said town, 
an amount not exceeding in all its subscriptions to the capi- 
tal stock of all said railroad corporations, five per cent, of 
the valuation of said town, according to the town assessors' 
valuation of the year eighteen hundred and sixty-eight, and 
1,0 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. 

The total amount to be subscribed to the capital stock of 
all said railroad corporations, and the amount to be sub- 
scribed to the capital stock of each of said railroad corpora- 
tions, to be determined at a town meeting of the inhabitants 
of said town, properly warned and called. 

Section 2. Said town is hereby authorized to raise, by 
issuing its bonds, or by loan or tax, any sums of money 
which shall be required to pay its instalments, or its subscrip- 
tions to said stock, and interest thereon. 

Section 3. Said town may aj'point a committee, who shall 
subscribe in behalf of the town for such number of shares in 
the capital stock of said companies as shall be voted by said 
town ; and said committee arft hereby authorized to cast the 
vote of said town, in the choice of directors of said roads, 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 roads, shall be cast by the person or 
persons whom said town may appoint. 

Approved May 15, 1809. 



1869.— Chapters 285, 286, 287. 609 

An Act to incorporate the Gloucester fire insurance com- Chap. 285 

PANY. 

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

Section 1. George R. Bradford, "William A. Pew, Addi- corporators. 
son Gott, their associates and successors, are hereby made a 
corporation by the name of the Gloucester Fire Insurance Name and pur- 
Company, in the town of Gloucester, for the purpose of ^°*'^' 
making insurances against loss by fire ; with all the powers Powers and du- 
and privileges, and 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 such corporations. 

Section 2. Said corporation shall have a capital stock of capital stock. 
one hundred thousand dollars, with liberty to pay in and 
increase the same to two hundred thousand dollars; and Real estate, 
shall have a right to hold real estate for its own use not 
exceeding twenty-five thousand dollars. 

Section 3. Said corporation shall commence business May commence 
when one hundred thousand dollars of its capital stock shall $\"oo,owfis paki 
have been subscribed and paid in in cash. ^"• 

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

Approved May 15, 1869. 
An Act to incorporate the rollstonk mutual fire insurance Chap. 286 

COMPANY. " * ^ 

Be it enacted, ^^c, as follows : 

Section 1. Amasa Norcross, L. H. Bradford, "Rodney corporators. 
"Wallace, their associates and successors, are hereby made a 
corporation by the name of the RoUstone Mutual Fire Insur- Name andpur- 
ance Company, in the town of Fitchburg, for the purpose of ^'"^*'" 
making insurance against losses or damage by fire, on the 
mutual principle; with all the powers and privileges, and ro^vers and du- 
subject to all the duties, liabilities and restrictions set forth 
in all general laws which now are or hereafter may be in 
force relating to such corporations. 

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

Approved May 15, 1869. 
An Act in addition to an act to incorporate the melrose Chat) 287 

AND SOUTH READINXJ HORSE RAILROAD COMPANY. "' 

Be it enacted, iVc, as follows : 

Section 1. The time for accepting, locating and con- Time for loca- 
structing the Melrose and South Reading Horse Railroad is leuded.""' *^" 
hereby extended two years. 

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

Approved May 15, 1869. 
28 



610 



1869.--CHAPTERS 288, 289, 290. 



Chap. 288 ^^ ^ct to incorporate the saint Patrick's temperance 

SOCIETY. 

Be it enacted, ^"c, as folloivs : 

Corporators. SECTION 1. Micliael O'Brien, Andrew J, Teeling and 

Patrick Moran, their associates and successors, are hereby 

Name and pur- made a Corporation by the name of the Saint Patrick's Tem- 

^°^^' perance Society, for the purpose of promoting the cause of 

temperance in the city of Lowell, and of benefiting the con- 
dition of their members, by assisting them in time of sickness; 

Powers and du- with all the powcrs and privileges, and subject to all the 
duties, liabilities and restrictions set forth in all general laws 
which now are or may hereafter be in force, so far as applica- 
ble to said corporation. 

Section 2. Said corporation may hold for the purposes 
aforesaid, real and personal estate to the amount of fifteen 
thousand dollars. 

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

Approved May 15, 1869. 



Real and per 
sonal estate. 



Chap. 289 

Corporators. 



Name and pur- 
pose. 



Powers and du- 
ties. 



Eeal and per- 
sonal estate. 



Chap. 



An Act to incorporate the lynn odd fellows' hall associ- 
ation. 
Be it enacted, Sfc, as follotos : 

Section 1. N. M. Hawkes, John Q. Hammond, Benjamin 
H. Currier, Henry C. Oliver, Harmon Hall, their associates 
and successors, trustees of the fund of the Odd Fellows' Hall 
Association in Lynn, are hereby made a corporation under 
the name of the Lynn Odd 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 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. 

Section 2. Said corporation 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 15, 1869. 



290 An Act to authorize elisha nelsox and others to build a 

wharf in PLYMOUTH. 



May build 
wharf in Ply- 
mouth. 



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

Section 1. License is hereby granted to Elisha Nelson, 
Henry Sherman and Charles Nelson, or any one of them or 
their assigns, to build a wharf in Plymouth one thousand 
and fifty feet in length, and not exceeding thirty feet in 
width, towards the channel known as Goose Point Channel, 



proviil of harbor 
commissiouers. 



1869.— Chapter 291. 611 

and also to build a pier or wliarf at the end of the same not 
more than one liundred and fifty feet square, from land now 
owned by said parties, between land of Leavitt T. Robbins 
and land of Jeremiah Murray : provided, that all things done subject to ap- 
under this act shall be subject to the determination and 
approval of the harbor commissioners, as provided in section 
four of chapter one hundred and forty-nine of the acts of 
the year eighteen hundred and sixty-six ; and provided, that Provisos, 
this license shall in no ways 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 struc- 
tures may have been actually and in good faith built under 
the same. 

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

Approved May 15, 1869. 
Ax Act to authorize the bostox and lowell railroad cor- QJiq^)^ 291 

PORATION AND THE EASTERN RAILROAD COMPANY TO INCREASE ^' 

THEIR TERMINAL FACILITIES IN THE CITY OF BOSTON, AND FOR 
OTHER PURPOSES. 

Be it enacted, &cc., as follows : 

Section 1. The Boston and Lowell Railroad Corporation May take pos- 
is hereby authorized to take the whole or such portion as it talTklnd in'''' 
may deem necessary of the tract of land in the city of Jr"4'<fJdepot' 
Boston, bounded by the present passenger station and aiKi termmai 
grounds of said railroad, by Causeway Street, by Lowell 
Street and by the freight station and grounds of said rail- 
road, for the purpose of increasing depot and terminal 
facilities; and said corporation shall be authorized to dis- Maydiscon- 
continue, and to occupy for railroad purposes, the streets ^"'"'' ^'''''''*^''^' 
embraced in the land so taken. 

Section 2. Said Boston and Lowell Railroad Corporation May construct 
is hereby authorized to construct a new bridge, not exceed- acros'^'^cifal-ies 
ing forty feet in width, across Charles River, or to widen the eSu^gbTid^es 
existing bridges of said corporation by adding thereto not 
exceeding forty feet in width, so as to furnish suitable addi- 
tional means of access to their terminal grounds in Boston, 
subject to the approval of the harbor commissioners. 

Section 3. Said Boston and Lowell Railroad Corporation Mayseiipassen- 
is hereby authorized to sell and convey to the Eastern Rail- IrTdge^o East- 
road Company the present passenger station in Boston of said . ^'"'^ ^^'^i^*^'*'^- 
Boston and Lowell Railroad Corporation, and the bridge* 
leading thereto, which bridge said Eastern Railroad Company Eastern Rau- 
is hereby authorized to improve and widen to a width not bridge!''^ ^^^"^^^ 
exceeding forty feet, subject to the approval of the harbor 



612 



1869.— Chapter 291. 



Boston and 
Lowell road 
may sell laud 
to E. R. K. 



May take south- 
erly and wester- 
ly portion of 
land, and E. R. 
K. may take 
remainder of 
land and other 
property. 



Proviso. 



Commissioners 
to be apiioiuted 
by S. J. C. 



Time for taking 
land limited to 
three years. 



commissioners ; and also to sell and convey to said Eastern. 
Railroad Company so much of their land in Boston and 
Cambridge, and of the land by this act authorized to be 
taken, as may be required for the reasonable terminal facili- 
ties of said company. 

Section 4. If it shall be deemed necessary by said cor- 
porations for the better accomplishment of the purposes of 
this act, the said Boston and Lowell Railroad Corporation is 
autliorized to talce the southerly and westerly portion of the 
the land bounded in the first section of this act, and tliere- 
upon, and within one year thereafterward the said Eastern 
Railroad Company is authorized to take the remaining 
portion of the land so bounded, and also tlie bridge and 
passenger station herein authorized to be sold to them by 
said Boston and Lowell Railroad Corporation, and also so 
much of the eastern extremity of the Mill Pond wharf 
estate belonging to said Boston and Lowell Railroad Cor- 
poration, and also such portions of the land between said 
wharf estate and the present passenger station of said Boston 
and Lowell Railroad Corporation as may be essential to fur- 
nish reasonable means of access to the new terminal facilities 
of said Eastern Railroad Company: provided, that the Boston 
and Lowell Railroad Corporation shall .not be disturbed in 
its said grounds and depot until the expiration of two years 
from the time the said Boston and Lowell Railroad Corpora- 
tion shall take the land for new terminal facilities herein 
authorized to be taken by them. 

Section 5. The laws of the Commonwealth relating to 
the taking of lands for railroad purposes and the location 
and construction of railroads, shall be applicable to, and 
govern the proceedings in, the taking of the lands described 
in the preceding sections ; except that instead of the county 
commissioners, three disinterested persons shall be appointed 
by the supreme court as a board of commissioners, to adju- 
dicate the damages for the taking of said lands and property, 
from whose decision an appeal to a jury shall lie in behalf 
of either party, as is provided in cases of lands taken for 
railroad purposes. 

Section 6. The time within which the land herein 
described may be taken by virtue of the provisions of this 
act, shall be limited to the term of three years ; and no 
^owner of any portion of the land taken under the pro- 
visions of this act shall be compelled to vacate his premises 
until four months after having received a legal notice so 
to do. 



1869.— Chapter 291. 613 

Section 7. Said Boston and Lowell Railroad Corporation lowcii and 
and said Eastern Railroad Company, respectively, are hercl)y r-'wu incnlise 
authorized, by a vote of their stockholders, at meetings duly one Iniiiion'^ 
called for the purpose, to increase their capital stock beyond dollars, 
the amount otherwise authorized by law, not exceeding one 
million of dollars, on the part of said Boston and Lowell 
Railroad Corporation, and not exceeding one million of 
dollars on the part of said Eastern Railroad Company. 

Section 8. The Boston and Lowell Railroad Corporation, jo construct 

iii'i draws lortv- 

and the Eastern Railroad Company, are hereby authorized four leet Wkie 
and required forthwith to cause to be made, at the expense eut'dlawsf'^^^' 
of said corporations respectively, in lieu of the existing draws 
in tho bridges of said corporations crossing Charles River, 
and also to construct in any new bridge that may be built 
under the provisions of the second section of this act, a draw 
in each bridge with a clear passage-way of forty-four feet in 
width, in such position, and of such form and construction, 
and with such changes in the draw-piers and bridges con- 
nected with the draws as may become necessary or advisable 
in removing old, and in building and maintaining new draws, 
as the harbor commissioners shall determine ; and all duties 
and liabilities now imposed by law upon said corporations 
with respect to the existing draws in said bridges shall be 
held to apply to such newly constructed draws. 

Section 9. The Eastern Railroad Company is hereby e.r.r. to con- 
authorized and required forthwith, to cause to be made at ty-fourfeot 
the expense of said corporation, iu lieu of the existing draw o"['r Muier^s^*^ 
in the bridge of said company crossing Miller's River, south pj.is''o;jpo{n\"^ 
of Prison Point Bridge, so called, a draw with a clear pas- Bridge, 
sage-way of forty-four feet in width, in such position and of 
such form and construction, and with such changes in the 
draw-piers and bridge connected with said draw, as may 
become necessary or advisable in removing the old and in 
building and maintaining such new draw, as the harbor 
commissioners shall determine ; and all duties and liabilities 
now imposed by law upon said company with respect to the 
existing draw in said bridge, shall be held to apply to such 
newly constructed draw. 

Section 10. Lands acquired, taken or purchased by either Lands taken or 
of said corporations under this act, shall not be exempt from exempt from' 

taxation. " taxation. 

Section 11. This act shall take effect upon its passage. 

Approved May 19, 1869. 



614 



1869.— Chapters 292, 293, 294 



Chap. 292 



A female minor 
eighteen years 
old may join 
with her guar- 
dian in malcing 
marriage con- 
tract, &c. 
Property to be 
held by trus- 
tees. 



Judge of pro- 
bate may re- 
quire bond of 
trustees. 



Chap 



An Act relating to female minors. 
Be it enacted, §'e., as follows : 

Section 1. Any female minor who has attained tlie age 
of eighteen years, may join with her guardian in making a 
marriage contract or settlement of the property of such 
minor, in contemplation of marriage, and for such purpose 
the guardian and ward may convey the real and personal 
estate of the ward to trustees, who are to be approved by the 
judge of the probate court having jurisdiction over said 
minor, to be held upon the trusts declared in such marriage 
contract or settlement, which conveyance shall be of liiie 
effect as if said minor was of full age ; and the guardian, in 
the settlement of his accounts, shall be allowed by the pro- 
bate court for all property so conveyed to said trustees ; and 
the judge of probate may require said trustees to give bond, 
with sufficient sureties, for the faithful discharge of their trust. 

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

Approved May 19, 1869. 

. 293 An Act in further addition to " an act to establish the 
massachusetts war fund, and to create a sinking fund for 
its redemption." 
Be it enacted, Sfc, as follows : 
scrrof Mass SECTION 1. The interest upon the scrip or certificates of 
War Fund pay- debt authorized to be issued by the ninety-first chapter of 
and Juiy?""'^'^^ the acts of the present year, entitled " An Act in addition to 
an Act to establish the Massachusetts War Fund, and to 
create a Sinking Fund for its redemption," shall be payable 
semi-annually on the first days of January and July in each 
year, instead of the times named in said act. 

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

Approved May 19, 1869. 

An Act to revive the blackstone bank of uxbridge fob 
certain purposes. 

Be it enacted, Sfc, as folloios : 

Section 1. The existence of the corporation heretofore 
known as the President, Directors and Company of the 
Blackstone Bank and located in Uxbridge, is hereby revived 
and continued for the purpose of enabling the president and 
directors of said Blackstone Bank at the time when the same 
became an association for carrying on the business of banking 
under the laws of the United States, to convey, assign and 
transfer to the Blackstone National Bank of said Uxbridge, 
any real estate or interests therein of the said Blackstone 
Bank ; and for no other purpose whatsoever. 

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

Approved May 19, 1869. 



Chap. 294 



Charter revived 
for purpose of 
making convey- 
ance to Black- 
stone National 
Bank of Ux- 
bridge. 



1869.— Chapters 295, 296. 615 

An Act to revive the merchants' bank of boston for cer- Chop. 295 

TAIN PURPOSES. 

Be it enacted, S^r., as follows : 

Section 1. The existence of the corporation heretofore charter revived 
known as the President, Directors and Company of the making'conv''ey. 
Merchants' Bank, and located in Boston, is hereby revived ^,^.^J'j/j|J ^Itjon. 
and continued for the purpose of enabling the president and f^^^""^ °^ ^"^" 
directors of said Merchants' Bank at the time when the same 
became an association for the carrying on the business of 
banking under the laws of the United States, to convey, assign 
and transfer to the Merchants' National Bank of Boston any 
real estate or interests therein of the said Merchants' Bank, 
and for no other purpose whatever. 

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

Approved May 19, 1869. 
An Act to amend an act to incorporate the Worcester safe Chttp. 296 

DEPOSIT company. 

Be it enacted, ^'c, as follows : 

Section 1. The corporate name of the " Worcester Safe Name changed 
Deposit Company" is hereby changed to the " Worcester tTafe Deposit 
Safe Deposit and Trust Company," to be located in the city pany!"'"'^ ^''°" 
of Worcester, and said corporation is authorized to exercise 
the powers and discharge the duties hereinafter granted and 
imposed, in addition to those set forth in its original act of 
incorporation ; and subject to all the duties, restrictions and rowers and du- 
liabilities set forth in all general laws which now are or may 
hereafter be in force in relation to such corporations. 

Section 2. The said corporation shall have power to May hold trust 
receive and hold moneys or pi-operty in trust or on deposit depolusftom 
from courts of law or equity, including courts of probate *=""■"'*• 
and insolvency, executorb, administrators, assignees, guar- 
dians, trustees, corporations or individuals, upon such terms 
or conditions as may be obtained or agreed upon ; but shall 
not be allowed to receive deposits for accumulations for a 
longer time than thirty years. 

Section 3. Any court of law or of equity, including courtmayorder 
courts of probate and insolvency, of this Commonwealth, mX^its con- 
may by decree or otherwise, direct any moneys or properties po^sited^with 
under its control, or that may be paid into court by the company. 
parties to any legal proceedings, or which may be brought 
into court by reason of any order or judgment in equity or 
otherwise, to be deposited with said corporation upon such 
terms and subject to such instructions as may be deemed 
expedient : provided, hoivever, that said corporation shall not rroviBo. 
be required to assume or execute any trust without its own 
assent. 



616 



1869.— Chapter 296. 



Company may 
invest in U. S. 
and New Eng- 
land securities, 
lirst mortgage 
bonds of Mass. 
railroads, &c. 



May loan on 
mortgages of 
real estate, &c. 



To make return 
to commis- 
sioner of sav- 
ings banks 
amount of capi- 
tal, &c. 



Commissioner 
to have access 
to books, &c. 



Liabilities. 



Taxes. 



Section 4. It shall be lawful for said corporation to invest 
its capital stock and all the moneys entrusted to it, or in any 
way received by it, in the authorized loans of the United 
States or any of the New England states, or cities or towns 
of said states, and in the stock of national banks, or other 
banks organized within this Commonwealth, in the first 
mortgage bonds of any railroad company incorporated in 
this Commonwealth, which has earned and paid regular 
dividends for two years next preceding such investment, or 
in the bonds of any such railroad company as is unincum- 
bered by mortgage, or in the stock of any such railroad 
companies ; and the said corporation may make loans upon 
mortgages on real estate within this Commonwealth or upon 
the notes of corporations created under the laws of this Com- 
monwealth, and the notes of individuals, with a sufficient 
pledge as collateral of any of the aforesaid securities ; but 
all real estate acquired by foreclosure of mortgages or by 
levy of execution shall be sold by public auction within two 
years of such foreclosure or levy. 

Section 5. The said corporation shall semi-annually make 
a return to the commissioner of savings banks in this Com- 
monwealth, on or before tlie second Mondays of May and 
November, which shall be signed and sworn to by a majority 
of its board of directors, of the full amount of its capital 
stock and of all moneys and property in detail, in the posses- 
sion or charge of said company as deposits, trust funds or for 
purposes of investment ; and the commissioner of savings 
banks shall have access to the vaults, books and papers of 
this corporation, and it shall be his duty to inspect, examine 
and inquire into its affairs, and to take proceedings in regard 
to them, in the sanle manner and to the same extent as if 
this corporation were a savings bank, subject to all the gen- 
eral laws which now are or hereafter may be in force relative 
to such institutions in this regard. 

Section 6. Said corporation shall be subject to the pro- 
visions of chapter two hundred and eighty-three of the acts 
of the year eighteen hundred and sixty-five, and any acts 
now existing or that may hereafter be passed in amend- 
ment or lieu thereof ; and the taxes upon all personal prop- 
erty absolutely committed in trust to the management of 
said corporation, shall be assessed to said corporation in the 
manner prescribed for personal property held in trust, or 
belonging to persons under guardianship, in section twelve 
of chapter eleven of the General Statutes of this Common- 
wealth, or in any acts which may hereafter be passed in lieu 



1869.— Chapter 296. 617 

or amendment thereof. Said corporation shall, annually, To make detaa- 
between the first and tenth days of May, return to the tax tax'^commi^- 
commissioners a true statement, attested by the oath of some ertyf&c^fheiT 
officer of the corporation, of all money and property in detail intrust. 
so held in trust, on deposit and for safe keepiiifr, witli the 
names and residences of the beneficiaries or owners and the 
interest of each beneficiary or owner therein, on the first 
day of May of that year, under the penalties and provisions 
for the enforcement thereof provided in section fourteen, 
chapter two hundred and eighty-three, acts of eighteen hun- 
dred and sixty-five, or the acts in addition thereto for corpo- 
rations failing to make the returns required by said act. 
Said commissioner shall, on or before the twentieth of June commissioner 

' . , „ to send copy of 

m each year, cause to be prnited and sent to the assessor oi return to as- 
each town and city in the Commonwealth, a true copy of said ^*^''^"'"''- 
return. 

Section 7. The said corporation is also authorized to act May act as 

„ , 1 . . . ^ . , agent to issne 

as agent, for the purpose of issumg, registenng or counter- bonds, &c, for 

signing the certificates of stocks, bonds or other evidences of «»'-P'^'"^ti«'^8. 

indebtedness of any corporation, association, municipality, 

state or public authority, and to receive and make payments 

on account of the same, on such terms as may be agreed 

upon. 

Section 8. Section two of the original act of incorporation Repeat 
of the Worcester Safe Deposit Company, and so much of 
section three of said act as relates to the investment of the 
capital stock of said corporation, are hereby repealed. 

Section 9. The capital stock of said corporation, to the $200000 of capi- 

, ^ , , 1 1 11 1 11 I -J • • tal stock to be 

amount of two hundred thousand dollars, shall be p;iia ni in paid lu by Oct. 
casii on or before the first day of October, in the year eighteen ^' ^^^^' 
hundred and sixty-nine. 

Section 10. This act shall take effect whenever the stock- ^^'^^^ *° ^'^^^ 
holders of the Worcester Safe Deposit Company, at a meet- 
ing called for the purpose, in accordance with the by-laws of 
said corporation, of which a written or printed notice signed 
by the secretary, and stating the purpose of the meeting, shall 
be mailed to the address of each stockholder, at his last and 
usual place of residence, seven days at least before the time 
of said meeting, and at which two-thirds of the stock shall be 
represented, shall have voted to accept this amendment. 

And thereupon, a certificate thereof duly signed and sworn 
to by the president, secretary and a majority of the directors 
of said corporation, shall be filed with the secretary of state, 
stating that said amendment has been accepted. 

Approved May 19, 1869. 
29 



'618 1869.— Chapters 297, 298, 299. 

Chap. 297 ^^ Act to authorize tiik ware rivk.r railroad company to 

MOUTGAGE ITS ROAD. 

Be it enacted, S^'c, as follows : 
f^l-^iTlT^^ Section 1. Tlie Ware River Railroad Company is herebj 
security for pay- autlioi izcd to mortffasje its railroad, or any section or sections 

nieut of bouds. ,1 c ^ ^1 -^i"" -i^ i. • 1 / \ c 1 • j. 

tliereoi, together witli its property, rights and n-anchise, to 
secure any bonds that may be at any time issued by said 
coi'poration in accordance with the laws of this Common- 
wealth. 

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

Approved May 22, 1869. 

Chap. 298 An act to AXITHORIZE THE CONNECTICUT RIVER RAILROAD COM- 
PANY TO CHANGE THE LOCATION OF ITS RAILROAD IN HOLYOKE, 
AND TO INCREASE ITS CAPITAL STOCK. 

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

May change SECTION 1. The CoiHiecticut Rivcr Railroad Company is 

Hoiyoke. hereby authorized to change the location of its railroad for 

a distance of about one mile, in the town of Hoiyoke, by 

removing the same from the Connecticut River ; commencing 

near, and extending southerly from the old dam, so called, 

New location to in thc poud of the Hoiyoke Water Power Companv. Said 

be tiled within i .• iiti r^ t • i.\ • r \\ ' 

oueyear. iicw locatioii sliali be iilcd withiii one year Ironi tlie passage 

of this act. 

Powers and du- SECTION 2. Said Company in locating, constructing and 
operating that portion of its railroad herein authorized, shall 
have all the powers and privileges, and be subject to all the 
duties, restrictions and liabilities provided in its charter and 
in all general laws relating to railroad corporations. 

$100,000 addi- Section 3. For the purpose indicated in the first section 

stock. '^''^" '* of this act, and for raising the grade of its railroad, and pro- 
tecting the same against the floods of the Connecticut River, 
said company is hereby authorized to increase its capital stock 
from time to time, by adding thereto a sum not exceeding one 
hundred thousand dollars. 

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

Approved May 22, 1869. 

Chap. 299 An Act to authorize the boston, clinton and fitciiburg rail- 

■' ' ROAD COMPANY TO ISSUE BONDS. 

Be it enacted, ^'c, as Jollows : 

Mayissuebonds SECTION 1. Tlic Bostou, Cliiiton and Fitchburg Railroad 

eamrbymort^ Compauy is hereby authorized to issue bonds not exceeding 

^am;h[se°&!;'. two hundred and fifty thousand dollars in amount, pnyable 

at such times as may be fixed therein, not exceeding twenty 

years from their respective dates, with interest not exceeding 

the rate of seven per cent, per annum, payable semi-annually, 



1869.--CIIAPTERS 300, 301. 619 

and to secure the same by a mortgage of its road, equipments 
and franchise, or of any of its property, real or personal. 
Section 2. This act shall take effect upon its passagp. 

Approved May 22, 1869. 

An Act to incorporate THE---NEWBURYPOnT PRINTING COMPANY. QJlffn, 300 

Be it enacted, S^c, an follows: 

Section 1. Robert Couch, William A. Little, Philip K. corporators. 
Hills, their associates and successors, are hereby made a 
corporation by the name of the Newburyport Printing Com- Name and pur- 
pany, for the purpose of printing and publishing newspapers, p"""' 
and executing job printing, at Newburyport; with all the rowers and du- 
powers and privileges, and subject to all the duties, liabiHties ^^'^^' 
and restrictions set forth in all general laws which now are 
or hereafter may be in force and applicable to such corpora- 
tions. 

Section? 2. The capital stock of said corporation shall not capital stock 
exceed fifty thousand dollars, divided into shares of one hun- 
dred dollars each ; and said corporation may hold real estate. Real estate, 
necessary and convenient for its purposes, to the amount of 
ten thousand dollars. Said corporation shall not go into Not toj^o into 
operation or incur any liability until the sum of ten thou- $io'oiK)*ii'a""**^ 
sand dollars has been paid in in cash. been paid in. 

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

Approved May 22, 1SG9. 
Ax Act relating to vehicles and itinerant musicians in Char). 301 

CITIES AND TOWNS. "' 

Be it enacted, Sfc, as follows : 

Section 1. The mayor and aldermen of any city, and the cities and 
selectmen of any town, may make such rules and regulations roRu'iate'pas- 
in relation to the passage of carriages, wagons, carts, trucks, througuYtreete* 
sleds, t^leigiis 6r other vehicles, through the streets or public 
ways of the city as they shall deem necessary for the safety 
or convenience of those who travel on said streets or ways, 
on foot or in vehicles, with penalties for violations thereof, Penalty. 
not exceeding twenty dollars for one offence. 

Section 2. The mayor and aldermen of any city moy— may make 
adopt rules and orders not inconsistent with the laws of this couceniii'g 
Commonwealth for the regulation and control of persons clans! "^"'*^' 
who siiall, after the passage of this act, frequent the streets 
and public places in said city, playing on hand-organs or 
other musical instruments, beating drums or blowing trum- 
pets, with penalties for violations thereof, not exceeding twenty renaity. 
dollars for each offence. Approved May 22, 1869. 



620 1869.— Chapters 302, 303. 



ES OF APPREN- 
UTION3. 



Chap. 302 -^N ^^'^ ^^ RELATION TO CONDITIONAL INDENTUR 
■^ TICESHIP OF MINORS FROM STATE INSTITU 

Be it enacted, Ifc, as follows : 

Trustees of SECTION 1. Whenever any minor shall hereafter be bound 

tions may annul out as an apprentice or servant by the inspectors of either of 
!ippren"ticed°* tho statc aloisliouses, the trustees of the state industrial 
minors. school for girls, or tlie trustees of tlie state reform school, it 

shall be provided in the indenture that if at any time it 
appears to the inspectors or trustees by whom the i-ame is 
executed, or their successors in office, that the further con-* 
tinuance of the indenture will be prejudicial to the well-being 
of the apprentice or servant, then they, or a majority of them, 
may annul the indenture by giving written notice to the 
master of their intention to cancel the same, stating their 
reasons therefor, and may forthwith remove the said appren- 
tice or servant from the care and keeping of the said master. 
Annulling in- SECTION 2. The cxecutiou of such a conditional indenture 

denture not to , ,, , , i- i p ,i • /• a 

discharge minor sliall uot Operate as a discharge 01 the minor irom connne- 

me'ilt m"deT mcut uiidcr any sentence or order of commitment, and when 

sentence. a,jy guch indenture is cancelled, the inspectors or trustees 

shall have the same power and authority in regard to the 

minor as before the indenture was made. 

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

Approved Alay 26, 1869. 

Chat)' 303 -^^ ■^^'^ RELATING TO THE LOCATION AND ALTERATION OF HIGH- 
■^' WAYS. 

Be it enacted, Sfc, as follows : 

Laying out SECTION 1. The laying out or alteration of any highway, 

to^beTo^i'd^*^' towu Way, or private-way, shall be void as against the owner 

ofTand u^k"s 0^ ^"7 ^^'^^ ^ver whicii the same shall be located,' unless 

taken within posscseiou shall be taken of such land for the purpose of 

wo year . constructing such highway, town way or private-way, within 

two years from the time when the right to take possession 

Proviso. for such purpose first accrues by law : provided, hoivever, 

that an entry for the purpose of constructing any part of the 

laying out or alterations in such way shall, for the purposes 

of this act, be deemed a taking of possession of all the lands 

included in the laying or alterations made upon the same 

petition. 

Bepeai. SECTION 2. Chapter two hundred and three of the acts of 

eigiiteen hundred and sixty-two, and chapter one hundred 

and eight of the acts of eighteen hundred and sixty-three, 

are hereby repealed. Approved May 26, 1869. 



1869.— Chapters 304, 305, 306, 307. 621 

An Act concf.rning contracts of married women. Chap. 304 

Be it enacted^ §-c., as follows : 

Section 1. A married woman may make contracts for Married women 
necessaries to be furnished to herself and family, and may tractrforne*i;e^- 
sue and be sued thereon, in the same manner as if she were ^^ij^be sued '^^ 
sole; but this act shall not be construed as exempting a tuereon. 
husband from liability for the support of his wife and family. 

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

Approved May 26, 1869. 

An Act to amknd skction seven of chapter thirty-f.ight of Chap. 305 

THE GENERAL STATUTES, RELATING TO EVENING SCHOOLS. 

Be it enacted, Sfc, as follows : 

Section seven of chapter tbirty-eightof the General Statutes Amendment to. 
is hereby amended by striking out the word " fifteen " before "^^ ' 
the word " years," and inserting in place thereof the word 

"twelve." Approved May 2(i, V6Q9. 

An Act concerning guards or railings on bridges used by Chap.SOG 

STREET RAILWAY CORPORATIONS. 

Be it evaded, SjX., as follows : 

Section 1. Every street railway corporation, its lessees street railways 

,u, -I • 1. ' I'l to have suitable 

or assigns, shall erect and manitaiu upon every bridge or railings to pre- 
draw of a bridge over which its track is located and used, runni*ifgoff°"* 
suitable guards or railings sufficient to prevent the cars of i""i^ges. &«. 
said corporation from running off said bridge or draw. 

Section 2. Such guards or railings shall be erected and ^rg"|°f\**\,^| 
maintained to the satisfaction of the board of aldermen of satisfaction of 
the city, or the selectmen of the town in which such draw or nio'ritieTwh"ere 
bridge or any portion thereof rnay be situated. And if any bm^ge is situ- 
such Railroad corporation, its lessees or assigns, after having 
been duly notified to erect such guards by the mayor and 
aldermen of any such city, or the selectmen of any such 
town, shall for a longer time than two months from the 
service of such notice, refuse or neglect to erect such guards, 
such corporation, lessees or assigns, shall forfeit and pay the Penalty for 
sum of two hundred dollars for each month's delay in the "*'si*^'^'- 
construction of such guards from and after the expiration of 
said two months, to be recovered for the use of such city or 
town. Approved May 26, 1869. 

An Act to prevent the injury or destruction of baggage. Chap. 307 

Be it enacted, §'c., as follows : 

Any baggage-master, express agent, stage driver, hackman wiifui or negu- 
or other person, whose duty it is to handle, remove, or take uonVf*baggage. 
care of the baggage of passengers, who shall wilfully or reck- 
lessly injure or destroy any trunk, valise, box, package or 



622 



1869.— Chapters 308, 309. 



Penalty. 



Chap. 308 



Bridges over 
railroads to be 
not less tlian 
eighteen feet 
high, except, 
&c. 



Bridge guards 
to be erected 
where bridges 
are less than 
eighteen feet 
in height. 



Penalty for 
neglect. 



Chap. 309 



Acconnts of ex- 
penditures or- 
dered by legis- 
lature, by wliom 
to be approved. 



Kot more than 
one hundred 
dollars to be 
expended with- 
out spccilic ap- 
propriation. 

Travelling and 
other expenses 
of committees. 



parcel, wliilc loading, transporting, unloading, delivering, or 
storing the same, shall be punished by a fine not exceeding 
fifty dollars. Approved May 26, 1869. 

Ax Act concerning uailroad bridges and bridge guards. 
Be it enacted, §'c., as follows : 

Section 1. No bridge shall hereafter be constructed over 
any railroad in this Commonwealth at a height less than 
eighteen feet above the track of such railroad, except by- the 
written consent of the county commissioners of the county 
within which such bridge shall be located. 

Section 2. Every railroad corporation shall, within six 
months from the passage of this act, erect and thereafter 
maintain suitable bridge guards at every bridge over its 
railroad, less than eighteen feet in height above the track^ 
such bridge guards to be approved by the county commis- 
sioners of the county within which such bridge is located, 
and to be erected and adjusted to the satisfaction of such 
commissioners. 

Section 3. Any railroad corporation refusing or neglect- 
ing to comply with the provisions of this act, shall, far each 
month of continuance in such refusal or neglect, forfeit and 
pay the sum of fifty dollars, to be recovered by indictment. 

Approved May 26, 1869. 

Ax Act to trovide for the propkr auditing of legislative 

EXPENSES. 

Be it enacted, Sfc, as follows : 

Section 1. Accounts for expenditures incurred or services 
rendered, other than by legislative committees, und^r an 
order of either or both branches of the legislature, may be 
approved by the presiding officer of the branch by which the 
same is passed, or by the sergeant-at-arms or otiier person 
or persons, if specially intrusted with their direction or 
supervision, and thereupon the auditor shall audit and 
certify the same for allowance and payment. But no such 
order shall authorize the expenditure of more than one 
hundred dollars, unless a specific appropriation of a larger 
sum has been previously made. 

Section 2. Accounts for expenditures incurred by com- 
mittees of the legislature, either for travelling, clerical, or 
contingent purposes, during a regular or special session, 
may be approved by the chairman thereof, or by tlie sergeant- 
at-arms, if the latter is cojiiiizant of the same, and upon such 
approval the auditor shall audit and certify said accounts for 
allowance and payment. 



1869.— Chapters 310, 311. 623 

Sectiont 3. Accounts for expenditures incurred by com- Expenciitiires 
mittees of the legislature appointed to act during the recess, df,Hn"reresisoi 
may l)e approved by the chairman tliereof, or other person or Jt^gisi^^^"'"^'- 
persons duly authorized to approve the same, and upon such 
approval the auditor shall audit and certify said accounts for 
allowance and payment; and the compensation for the ser- 
vices of such committees shall be determined and approved 
in accordance with tlie provisions of section forty-seven of 
chapter fiCteen of the General Statutes; but no such commit- 
tees shall incur any liability in behalf of the state after the 
close of the recess during which they may have been appointed 
to act. 

Section 4. Section thirty-seven of chapter fifteen of the Repeal. 
General Statutes, and all acts or parts of acts inconsistent 
Lerewith, are hereby repealed. 

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

Approved May 26, 1869. 
An Act making ax appropriation for the maintenance of Chap. 310 

THE STATE POLICE FOK THE PKESENT YEAR. 

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

Section 1. The sum of ninety thousand dollars is hereby Appropriation 
appropriated, to be paid out of the treasury of the Common- "' ^ epoiee. 
wealth from the ordinary revenue, for the compensation, 
travelling expenses, clerical, incidental and contingent ex- 
penses of the state police, for the year ending December 
thirty-first, eighteen hundred and sixty-nine. 

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

Approved May 26, 1809. 
An Act to provide for 

BRIDC.KS on CHARLES A 
CAMBRIDGE AND CHARLESTOWN. 

Be it enacted, ^'c, as folows : 

Section 1. -The city of Cambridge is hereby authorized Draw-bridges 
and required forthwith to cause to be made, at the expense and Miner's 
of said city, in lieu of the existing draws in the West Boston wuierfecujy^ 
Bridge and the Canal or Craigie Bridije over Charles River, nf"\Vl'.'"fw,'!"*^ 
and the Prison Point Bridge over Miller s River, a draw m 
each of said bridges with a clear passage-way of forty-four 
feet in width, in such position and of such form and con- 
struction, and with such . changes in the draw-piers and 
bridges connected with said draws as may become necessary 
or advisable in removing old and in building and maintain- 
ing new draws, as the harbor commissioners may detei-mine ; 
and all duties and liabilities now imposed by law upon said 
city of Cambridge, with respect to existing draws in said 



THE WIDENING OF THE DRAWS IN CERTAIN Q/l(in^ 311 
1.ND miller's RIVERS BY THE CITIES OF ^' 



624 1869.— Chapters 312, 313. 

bridges, shall be held to apply to such newly constructed 

draws. 
Chariestown to SECTION 2. The city of Charlcstown shall contribute to 
wardscostof the cost of builditig and maintaining the draw in Prison 
po^nVBikige°" Poiut BHdgo in such proportion as tliey are now required by 

law to contribute toward the repair of the present draw. 
Section 8. This act shall take effect upon its passage. 

Approved May 26, 1869. 
CAffW. 312 Ax Act concerning sewers and drains in the town of 

ARLINGTON. 

Be it enacted, ^'c, as folloios : 

May take and SECTION 1. The sclectmcn of the town of Arlington may, 

wiuGii DrooK • • • 

for purposes of for the pui'poses of sewerage and drainage in said town, take 

sewerage. ^^^^ brook running easterly through lands of the heirs of 

Thomas H. Tiel and others in said town, and devote the 

same, with the waters thereof, to the purposes aforesaid ; and 

they may also take all jiecessary land, widen, straighten and 

deepen the cliannel of said brook, and may divert the course 

thereof across Main Street into Cutter's Pond, and pave, 

enclose and cover the same. 

To proceed as SECTION 2. Ill taking said brook and land for the pur- 

for towif ways, poscs aforcsaid, said selectmen shall proceed in the manner 

required by law in taking land for town ways ; and persons 

suffering damage in their property shall have the same rights 

and remedies for tlie ascertainment and recovery of sudh 

damages provided by law for the ascertainment and recovery 

of damages for lands taken for town ways. 

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

Approved May 26, 1869. 

ChaX). 313 A^ -^^"^ "^O AUTHORIZE THE MANSFIELD AND FRAMINGHAM RAILROAD 
^ COMPANY TO ISSUE BONDS. 

Be it enacted, Sfc, as follows : 

May issue SECTION 1. The Mausficld and. Framingham Eailroad 

arnount°of Compauy is hereby authorized to issue bonds not exceeding 
fecur^bym^ort- three hundred thousand dollars in amount, payable at such 
sage. times as maybe fixed therein, not exceeding twenty years 

from their respective dates, with interest not exceeding the 
rate of seven per cent, per annum, payable semi-annually, 
and to secure the same by a mortgage of its road, equip- 
ments and franchise, or of any of its property, real or 
personal. 

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

Approved May 26, 1869. 



1869.— Chapters 314, 315. 625 

An Act to extend the time for the location and consteuc- Chap. 314 

TION OF THE WINTHROP RAILROAD. 

Be it enacted, §•<:., as follows: 

Section 1. All the riolits, privileges, liabilities, duties and Time for loca- 
resti'ictions granted to or imposed upon the vVnitlirop Kail- structioa ex- 
road Company, by chapter eighty-nine of the acts of tlie year ^"^"^ ^ ' 
eighteen hundred and sixty-one, and all subsequent acts in 
relation thereto, subject to any modifications made by any 
general law relating to horse railways, are hereby revived ; 
and the time for the location and construction of said road 
is hereby extended to the first day of June, in the year 
eighteen hundred and seventy-one. 

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

Approved May 26, 1S69. 
An Act to authorize the new London northern railroad (JJiap, 315 

COMPANY TO subscribe TO THE STOCK OF CERTAIN RAILROAD 
COMPANIES, AND FOR OTHER PURPOSES. 

Be it enacted, ^'c, as follows : 

Section 1. The New London Northern Railroad Company New London 
is hereby authorized by a vote of a majority of its stock- road ma" take 
holders, at a legal meeting called for that purpose, to sub- if°c^rti\n''oTher 
scribe to the capital stock of the Springfield and Longmeadow railroads. 
Railroad Company, or to the stock of the Rockville and , 
Springfield Railroad Company, or to the stock of a railroad 
company which may hereafter be chartered in the state of 
Connecticut to connect -^the New London Northern Railroad 
Company with said Springfield and Longmeadow Railroad 
Company, or with said Rockville and Springfield Railroad 
Company ; and also to subscribe for or to guarantee the 
bonds of all or either of said railroad companies ; and also 
to subscribe to the stock or bonds, or to guarantee the bonds 
of The Ware River Railroad Company, and the Athol and 
Enfield Railroad Company. 

Section 2. Said New London Northern Railroad Company -may consoii. 
is hereby authorized by a vote of a majority of its stock- ic"a?e same 
holders, at a legal meeting called for that purpose, to pur- ^^^®'*^^- 
chase, consolidate with, or lease either or all of the aforesaid 
railroads and the franchises of said railroad companies, and 
upon such lease or purchase The New London Northern 
Railroad Company shall have all the rights and privileges, 
and be subject to all the duties and liabilities contained in 
the charters of the corporations whose road or roads are so 
leased or purchased. 

Section o. Said New London Northern Railroad Company — mayissne 
is hereby authorized to issue its bonds to an amount not ex- ammmtVf * 
ceeding four hundred thousand dollars, at a rate of interest ^^"o-'^oo. 

30 



Chap. 



626 1869.— Chapter 316. 

not exceeding seven per cent, per annum, and to secnre the 
same by a mortgage of the road and franchise and equip- 
ment of said company ; and the amount of the subscriptions 
by said New London Northern Raih'oad Company to the 
stock and bonds of citlier or all of said railroad companies, 
as herein before authorized, shall not exceed in the whole 
the sum of four hundred thousand dollars. 

Approved May 26, 1869. 

316 An Act authorizing the spuingfield and longmkadow rail- 
road COMPANY TO CONSOLIDATE, AND CHANGE ITS NAME. 
Be it enacted, Sfc., as follows: 
Mayconsoii- SECTION 1. The Springfield and Longmeadow Railroad 

date with rail- . i • i i • i i i • • . 

road to be char- (Jompaiiy IS hereby antnonzed to consolidate and make jomt 

Mcticut. ^'^' stock with any railroad corporation which may be chartered 
by the state of Connecticut to construct and operate a rail- 
road uniting with the road of said Springfield and Long- 
meadow Railroad Company on the southern boundary of this 

Proviso. Commonwealth: provided, that three-fourths in interest of 

the stockholders present and voting at a meeting duly called 
for that purpose, shall so determine. 

New corpora- SECTION 2. The Corporation thus formed may take the 

tion maj' take n, ■ r- i i i -kt i ^ i» -i i /-i 

name of Spring- name 01 tiic Spmigneld and New London Kauroad Company, 
London Rair^ and shall have all the powers and privileges, and be subject 
road Company. ^^ ^^]^ ^j^g rcstHctions, duties and liabilities of the two corpo- 
rations. One or more of the officers of the consolidated 
company shall be resident in this Commonwealth, and one 
or more of them in the state of Connecticut, on whom proc- 
ess against the company may be legally served in either 
state ; and said corporation shall be lield to answer in the 
jurisdiction wherein such service shall be made and the 
process is returnable. 
Annual reports. SiXTiON 3. Tlic annual reports made by said new corpo- 
ration to the legislature, shall show the amount of expendi- 
tures, receipts and profits which belong to the parts of its 
road, situated in the different states, respectively, 
sf consoridated, SECTION 4. Ill casc such Consolidation takes place, the 

gpringtield may .^ ., „^, . c ri • ci]*i i ^i • i 

taije stock in City couucil ot tlic citv ot fepnugneld IS hereby authorized 
new company. ^ gnliscribc for and hold shares in the capital stock of the 
consolidated company, or loan its credit to the same, by 
guaranteeing its bonds or stock in the same manner and to 
the same extent as said city shall by vote determine to do, 
respecting the stock and bonds of the Springfield and Long- 
meadow Railroad Company; the said stock and bonds of said 
consolidated railroad company to be in lieu of the stock and 
bonds of the Springfield and Longmeadow Railroad Company. 
Section 5. This act shall take effect upon its passage. 

Approved Ma>j 2G, 1869. 



1869.— Chapters 317, 318. 62T 

An Act to authorize the fitciiburg and woucester railroad (JJian, 317 

COMPANY to issue BONDS. -^' 

Be it enacl^.d, ^'c, os follows: 

Section 1. The Fitchburg and Worcester Railroad Cora- May issue 
pany is hereby authorized to issue bonds, not exceeding two amount of 
luuidred and fifty thousand dollars in amount, payable at mopt'^a^'eToad 
such times as maybe fixed therein, not exceeding twenty assecunty. 
years from their respective dates, with interest not exceeding 
the rate of seven per cent, per annum, payal)le semi-annually, 
and to secure the same by a mortgage of its railroad, equip- 
men'ts and franchise, or of any of its property, real or 
personal. 

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

Approved Mmj 26, 1869. 

An Act authorizing the Vermont and Massachusetts and CA^». 318 

CIIESHIRK railroad COMPANIKS TO CONSTRUCT AND MAINTAIN "' 

TRACKS ON THE LINE OF THEIR RAILROADS, AND FOR OTHER 
PURPOSES. 

Be it enacted, Sfc, a.t follows : 

Section 1. The Vermont and Massachusetts Railroad ^racTs^oIulne ct 
Company is hereby authorized to locate, construct, maintain roiui between 

, ' -^ ., 1,1 ,1 • t Westminster 

and use a raih'oad track or ti'acks, commencing at some con- depot and For- 
venient point on the line of its road betv^een Westminster a"cis*Ashburu? 
depot and Forbush's Crossing; thence running norther-ly to iiam, Gardner, 

• T-v-iii 1? 1 PI 1 Templeton or 

a point near Daniel Adams house and east ot the same, and wiuchendon. 
southerly of Austin Whitney's house ; thence running west- 
erly to some point on the line of its road north of South 
Asbburnham depot ; or thence to -some point on the line of 
their road in Gardner, Templeton or Winciiendon. 

Section 2. Said corporation is hereby authorized to extend ~™d^,.ora Ab'ii- 
its railroad from Ashburnhara Junction, so called, in the bmnham juno 

„ . , , , . . -1 1 • ii tion to Gardner, 

town 01 Asliburnham, to sonic point on its raiiroau m tlie xempieton or 
town of Gardner, Teaupleton or Wiuchendon, by locating '''^^^^^'^^^'^^^'^' 
and constructing a railroad over such land as the directors 
may deem expedient. 

Section 3. Said corporation is hereby authorized to pur — -may purciiase 
chase or lease for a term of years, or perpetually, from the chesifire r. r. 
Cheshire Railroad Company, the right to occupy and use, in „ °e tracks'^be- 
commoii with said Cheshire Railroad Company, its track or }^^«','^ ^^\- ^ 

. i •' ' . biirnham .Tunc- 

tracks between said Asbburnham Junction and some point tiouaudwinck- 
.on the line of its railroad in Winchendon, to be agreed upon *^'^^'"^- 
by the parties, or the right to use the location of the latter 
■company between said points for a separate track or tracks, 
or for such joint or separate use of said Cheshire Railroad 
location between said points as may be agreed upon by the 
parties. 



628 



1869.— Chapter 319. 



i^Se^oCheT SECTION 4. Said Vermont and Massachusetts Railroad 
shire R. R. Co. Company is liercbj autliorizcd to scU Or lease for a term of 
trll^ks'betsteen jears, or perpetuail}', to the Clieshire Railroad Company, the 
jul'cuTn'aud ^'»'^'' ^^ occupy and use, in common with said Vermont and 
Fiu;hburg. Massachusetts Railroad Company, its track or tracks between 
said Aslilnirnham Junction and the termination of its rail- 
road iu Fitchburg, or tiie right to use the location of the 
latter company between said points for a separate track or 
tracks, or for such joint or separate use of said Vermont 
and Massachusetts Railroad and location between said points 
as may be agreed upon by the parties. 

Section 5. In case said Vermont and Massachusetts 
Railroad Company shall make any purchase or lease under 
the authority of section tiu-ee of this act, the said corporation 
is hereby authorized to locate and construct a branch of the 
railroad from some point thereof in the town of Royalston 
or Winchendon, to some point on the Cheshire Railroad in 
the town of Winchendon or Ashburnham. 

Section 6. Such changes or new location shall not impair 
any rights or interests of the Vermont and Massachusetts 
Railroad Company, but said corporation sliall retain and 
operate its railroad as already located and constructed west 
of Ashburnham Junction. 

Section 7. In locating and constructing any railroad under 
this act, said corporation shall have all the rights and privi- 
leges, and be subject to all the duties, liabilities and restric- 
tions given and imposed by its charter, or by any general laws 
at any time in force in relation to railroads. 

Section 8. All persons who shall sustain any damages in 
their property by the locating, constructing or maintaining 
any railroad under this act, shall have all the remedies pro- 
vided by law for persons whose land or other property is 
taken for the construction or maintenance of any railroad. 

Section 9. The location of any railroad under the pro- 
visions of this act shall be filed within two years, and such 
railroad shall be constructed within five years from the 
passage of this act. Approved May 26, 1869. 

C/ifl!». 319 An Act to authorizk thk town of amesbury to subscribe 

FOR AND HOLD SHARES IN THE CAPITAL STOCK OF THE WEST 
AMESBURY BRANCH RAILROAD COMPANY. 

Be it enacted, Sfc, as follows : 

Section 1. The town of Amesbury is hereby autliorized 
by a vote of a majority of the voters present at a legal town 
meeting duly called and held for that purpose, to subscribe 
for and iiold shares in the capital stock of the West Ames- 
bury Branch Railroad Company, to an amount not exceeding 



— may construct 
road in Kovals- 
tonor Winchen- 
don, or Winch- 
en<ton or Ash- 
burnliam, pro- 
vided, &c. 



Changes of lo- 
cation not to 
impair rights of 
Vt. and Mass. 
K. n. Ca. 



Privileges and ' 
restrictioas. 



Damages, 



Time for loca- 
tion and con- 
structioa. 



Amesbury may 
take stock in 
West Ames- 
bury Urancll 
Bailroad. 



1869.— Chapter 320. 629 

two 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 treasury, and is hereby authorized to raise by loan 
upon bonds, or by 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. 

ShXTiON 2. The selectmen of said town shall liave author- selectmen to 
ity to represent the town in any and all meetings of said lo^n hfan*^ 
railroad company on whatever amount of stock may be held nioetingsof 

, ., '.•'.1 ., , I'l ''"■^'^ company. 

by said town in said company s capital stock, and said town 
so re'presented is hereby authorized to vote on the whole 
amount of the stock held by said town in said company, 
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 26, 1869. 

Ax Act authohizing the boston and providence railroad (JJian. 320 

CORPORATION TO CONSTRUCT AN ADDITIONAL TRACK FROM BOS- '■' 

TON TO READVILLE IN HYDE PARK, AND TO INCREASE ITS CAPITAL 
STOCK. 

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

Section 1. The Boston and Providence Railroad Corpo- May construct 
ration is hereby authorized to locate and construct an addi- benvwnBoston 
tional track on its railroad, from its passenger station on ''^"'^^^'^'^^^^^'^• 
Pleasant Street, in the city of Boston, to its station in 
Readville in tiie town of Hyde Park ; and for this purpose 
it may take such additional land as is required to make its 
location between said points of a width not exceeding four 
rods, and sucli other land as may be required for depot 
accommodations, one of which depots shall be located and Depot to be 
placed on the line of the road between Camden and Dart- road between 
mouth Streets in the city of Boston, with suitable rooms for l^artmouti"'^ 
the accommodation of passengers, ticket office and baggage streets. 
room, at which station tlie Boston and Providence Railroad 
Corporation shall stop all their through passenger trains 
to and from New York, running in connection with either 
the shore line or steamboats ; and for that purpose may 
increase its capital stock by a sum not exceeding five 
hundred thousand dollars : provided^ that the same be paid rroTisos, 
in in cash : provided, cdso, that any land taken or purchased 
outside of the said four rods in width, under this act, shall 
not be exempt from taxation. 

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

Approved May 26, 1869. 



630 



1869.— Chapter 321. 



Chap. 321 



Corporators. 



Name. 

Powers and du- 
ties. 



Location from 
Ho]ikintou to 
Ashland. 



May connect 
with Boston 
and Albany 
£aili-oad, &c. 



Capital stock 
and shares. 



Hopkinton may 
take stock to 
the amount of 
$00,000. 



Proviso. 



An Act to iNconroRATE the hopkinton branch railroad 

COMPANY. 

Be it enacted, ^'c, as follows : 

Section 1. Lee Claflin, Jefferson Pralt, Alvin A. Sweet, 
their associates and snccessors, are hereby made a corporation 
by the name of the Ilopkinton Branch Railroad Conipany ; 
with all the powers and privileges, and snbject to all the 
duties, restrictions and liabilities set forth in all general 
laws which now are or hereafter may be in force relating to 
sucii corporations. 

Section 2. Said corporation may locate, construct and 
maintain a railroad, commencing at some convenient point 
near the centre of the town of Ilopkinton, thence running 
northerly through the northerly part of said town of Hop- 
kinton, by the most direct and feasible route, to the Boston 
and Albany Railroad, at or near Indian Brook in the town 
of Ashland, and to enter by proper turnouts and switches 
11 [ion the Boston and Albany Railroad, according to the 
provisions of law. 

Section 3. Said corporation may connect its road with 
the Boston and Albany Railroad, and may use the same 
according to law, or may sell and transfer its franchises and 
all its rights under this act, or lease its road or other prop- 
erty to the Boston and Albany Railroad Corporation, upon 
such terms as may be agreed upon and confirmed by vote of 
the majority in interest of the stockholders of said corpora- 
tions present and voting at a meeting duly called for that 
purpose. 

Section 4. The capital stock of said corporation shall 
not exceed two hundred thousand dollars, divided into 
shares of one hnndred dollars, the number of which shall 
be determined, from time to time, by the directors, and said 
corporation may take and hold such real estate and personal 
property as may be necessary for the purpose of this act. 

Section 5. The town of Hopkinton is hereby authorized 
to subscribe for and hold shares in the capital stock of the 
Hopkinton Branch Railroad Company, or guarantee the 
stock of said company, to the amount of sixty thousand 
dollars : provided, the inhabitants of said town shall, by 
vote of the majority of the legal voters present and voting 
thereon, vote to subscribe for such shares, or guarantee the 
same, in accordance with the terms of this act, to pay for the 
same out of the treasury of said 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 it may 
possess. 



1869.~Chapter 322. 631 

Section 6. Said town of Hopkinton is hereby authorized -may raise br 

• 1 1 n 1 • 1 1 11 1 loan or tax the 

to raij^e ny loan or tax, any sums oi money wlucn snail be iiniount requir- 
rcqiiired to pay its instalments on its subscriptions to said subscnptious. 
stock, and interest thereon, or for any other purpose required 
by the terms of this act. 

Section 7. The selectmen of the town of Hopkinton selectmen to 
shall have authority to represent said town at any meeting tmvirat'aii '^ 
of tiie Hopkinton Branch Railroad Company, and said town "a-acoui'pany. 
so represented, is hereby authorized to vote on the whole 
amount of stock held by said town of tlopkinton, anything 
in chapter sixty-three of the General Statutes to the contrary 
notwithstanding. 

Section 8. This act shall take effect upon its passage, •wiicntotake 
and fchall be void unless said road is located within two *^'^^'^^' 
years, and constructed within four years from the passage of 
this act. Approved May 26, 18G9. 

An Act to incorporate the trustees of coston university. QJidj) 32''^ 

Be it enacted, ^'c, as folloivs : 

Section 1. Isaac Ricli, Lee Claflin, Jacob Sleeper, their corporators, 
associates and successors, are hereby constituted a body 
corporate by the name of the Trustees of Boston University, 
and they and their successors, and such as shall be duly 
elected members of said corporation, shall be and remain a 
body corporate by that name forever. And for the orderly Trustees to 
conducting of the business of said corporation, the said fi Jc^iare dutTe's 
trustees sliall have power and authority, from time to time, oitke'^ancrre"^ 
as occasion may require, to elect a president, vice-president, move officers, 
secretary and treasurer, and such other officers of said 
corporation as may be found necessary, and to declare the 
duties and tenures of their respective offices ; and also to 
remove any trustee from the said corporation, when in their 
judgment he sliall ' be rendered incapable, by age or other- 
wise, of discharging the duties of his office, pr shall neglect 
or refuse to perform the same, and also to elect new mem- 
bers of said corporation. The number of members shall l^ot'^o'ifxceed 
never be less than ten nor greater than thirty, and their thirty, 
qualifications and term of service shall be fixed at the first 
meeting of the coi'poration. 

Section 2. The said corporation shall have full power —to determine 
and authority to determine at what times and places their mann^ronioti- 
meetings shall be held, and the manner of notifying the rug"ine"tmg°'br 
trustees to convene at such meetings ; and also to establish *'"V*f';?t; ^'"^ ^ 

..,11 f • 11 estabhsh boards 

boards oi nistruction ni all departments ot science and the of instruction 
arts, to elect a president of said university, and such pro- ments ot^*"" 
fessors, tutors, instructors and other university officers, as ^"*^'i«*'' ^^' 



6a2 



1869.— Chapter 322. 



— may purchase 
and erect build- 
ings, and make 
rules and by- 
laws, and regu- 
late the courses 
of instruction. 



Degrees, how 
conferred. 



Corporation 
may have a 
common seal, 
sue and be 
sued. 



.—may hold real 
and personal 
estate. 



— annual in- 
come not to 
exceed $100 ,000. 
— rents and pro- 
fits to go to 
endowment of 
college. 



No religious 
test required. 



they shall judge for the interest thereof, and to determine 
the duties, salaries, emohiments, responsibilities and tenures 
of their respective offices. And the said corporation is 
further empowered to purchase or erect, and keep in repair, 
such houses and other buildings as they shall judge neces- 
sary for the said university ; and also to make and ordain, as 
occasion may require, reasonable rules, orders and by-laws, 
not repugnant to the constitution and laws of this Common- 
wealth, with reasonable penalties, for the good government 
of the said university, and for the regulation of their own 
body ; and also to determine and regulate the courses of 
instruction in said university, and to confer degrees ; but no 
degree shall be conferred except upon the recommendation 
of the appropriate faculty. 

Section 3. The said corporation may have a common 
seal, which they may alter or renew at their pleasure, and 
all deeds sealed with the seal of said corporation, and signed 
by their order, shall, when made in their corporate name, be 
considered in law as the deeds of said corporation ; and said 
corporation may sue and be sued in all actions, real, personal 
and mixed, and may prosecute the same to final judgment 
and execution by the name of the Trustees of Boston Uni- 
versity ; and said corporation may take and hold in fee 
simple, or any less estate, by gift, grant, devise, bequest or 
otherwise, any land, tenements, or other estate, real or per- 
sonal ; but the clear annual income of the same shall not 
exceed one hundred thousand dollars. 

Section 4. The clear rents and profits of all the estate, 
real and personal, of which the said corporation shall be 
seized and possessed, shall be appropriated to the mainten- 
ance and endowment of said university, in such manner as 
shall most effectually promote virtue and piety, and learning 
in such of the languages and of the liberal and useful arts 
and sciences, ^ shall be recommended from time to time by 
the said corporation, they conforming to the will of any donor 
or donors in the application of any estate which may be given, 
devised or bequeathed for any particular object connected 
with the university. 

Section 5. No instructor in said university shall ever be 
required by the trustees to profess any particular religious 
opinions as a test of office, and no student shall be refused 
admission to, or denied any of the privileges, honors or 
degrees of said university on account of the religious 
opinions which he may entertain ; but this section shall 
not apply to the Theological Department of said university. 



1869.— Chafters 323, 324, 325. 633 

Section G. The legislature of this Commonwealth may Legislature 
grant any further powers to, or alter, limit, annul or restrain powe'rTgranted 
any of the powers vested by this act in the said corporation, i>yti'isact. 
as shall be found necessary to promote the best interests of 
said university, and more especially may appoint and estab- 
lish overseers or visitors of the said university, with all neces- 
sary powers for the better aid, preservation and government 
of the same. 

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

Approved May 26, 1869. 

An Act to incorporate the wakefield savings bank. Chap. 323 

Be it enacted, §'c., as follows : 

Section 1. Cyrus Wakefield, Daniel Allen and M. S. corporators. 
Southworth, their associates and successors, are hereby 
made a corporation by the name of The Wakefield Savings Name. 
Bank, to be located in the town of Wakefield ; with all the Powers and du- 
powers and privileges, and subject to all the duties, liabilities 
and restrictions set forth in all general laws which now are 
or may hereafter be in force applicable to savings banks and 
institutions for savings. * 

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

Approved May 26, 1869. 

An Act to authorize the lynn institution for savings to QJkjj) 324 

HOLD real estate. ^ ' 

Be it enacted, ^'c, as follows : 

Section 1. The Lynn Institution for Savings, located in May hold 
the city of Lynn, is hereby authorized to hold real estate f Jfa?e? ^° '^^^^ 
to the amount of seventy-five thousand dollars : provided, Proviso, 
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 exclusively to the interests of said 
corporation. 

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

Approved May 26, 1869. 

An Act in addition to an act to incorporate the boston QJiQn, 325 

PROVIDENT ASSOCIATION. ^ * 

Be it enacted, ^'c, as folloivs : 

Section 1. The Boston Provident Association is hereby May hold 
authorized to hold real and personal estate to the amount of fio^i reifi^fnd 
one hundred thousand dollars, in addition to the amount it personal estate. 
is now authorized to hold, by virtue of chapter three hundred 
and sixty-two, of the acts of the year one thousand eight hun- 
dred and fifty-four. 



634 



1869.— Chapters 326, 327. 



subjecuom- SECTION 2. Ally institution established by said associa- 
board of state tiou shall be subject to the inspection of the board of state 
Charities. charities. 



Approved 2Iay 26, 1869. 



Chap. 326 

Corporators. 



Name. 



Powers and du- 
ties. 



May hold 
$50,000 in real 
estate. 



Proviso. 



Ax Act to incorporate the lowell hosiery company. 
Be it enacted, ^'c, as follows : 

Section 1. William F. Salmon, Thomas Nesmith, Hocum 
Hosford, their associates and successors, are hereby made a 
corporation by the name of the Lowell Hosiery Company, 
for the purpose of manufacturing hosiery in the city of 
Lowell ; and for this purpose shall have all the powers and 
privileges, and be subject to all the duties, restrictions and 
liabilities set forth in all general laws which now are or may 
hereafter be in force relating to manufacturing corpora- 
tions. 

Section 2. Said corporation may hold, for the purposes 
aforesaid, real estate necessary and convenient for its busi- 
ness, to an amount not exceeding fifty thousand dollars, and 
the whole capital stock shall not exceed two hundred thou- 
sand dollars, divided into shares of one hundred dollars 
each : provided, however, that said corporation shall not go 
into operation until twenty-five thousand dollars of its capital 
stock is paid in in cash. 

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

Approved May 26, 1869. 



May construct 
pile wharves be 
tween Brown's 
Vinal's and 
IngersoU's 
wharves. 



Chap. 327 An Act to authorize the boston gas light company to con- 
struct PILE WHARVES. 

Be it enacted, ^'c, as follows : 

Section 1. License is hereby granted to the Boston Gas 
Light Company to construct pile wharves to the commission- 
ers' line, between their wharves known as Brown's, Yinal's, 
and IngersoU's wharves, in Boston : provided, that all things 
done under this act shall be suljject 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 ; imdi 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, 1869. 



ly69.— Chapters 328, 329, 330, 331. 635 

An Act to authorize the washburn and moen manufacturing Cfi(in.'S2S 

COMPANY TO increase ITS CAPITAL STOCK. ' ^ 

Be it enacted, iS'c, as follows : 

Section 1. The Washburn and Moen Manufacturing Com- $500,000 in- 
pany is hereby authorized to increase its capital stock, by fzed."*^ '^" 
adding thereto an amount not exceeding five lumdred thou- 
sand dollars. 

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

Approved May 26, 1869. 

An Act to authorize Bradford academy to hold additional QJiap. 329 

REAL and personal ESTATE. 

Be it enacted, ^r., as follows : 

Section 1. The Bradford Academy is- hereby authorized ^^f/j|'g°'^o^^f 
to hold by gift, grant, devise or otherwise, for the purposes estate not ex- 
of education, real and personal estate to an amount not ooo. '"" 
exceeding five hundred thousand dollars. 

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

Approved May 26, 1869. 

An Act in relation to the trustees of the fund of the QJiap, 330 

THIRD congregational SOCIETY IN SPRINGFIELD. 

Be it enacted, iVc, as follows : 

■ Section 1. So much of chapter two hundred and seven Trustees may 
of the acts of the year eighteen hundred and twenty, as tytJx^iirci'con- 
incorporates and relates to the " Trustees of the Fund of io'cfety'in'^ 
the Third Congregational Society in Springfield," is hereby Springfield. 
repealed ; and the trustees incorporated by said act, are 
hereby authorized to convey and transfer to said Third Con- 
gregational Society in Springfield, all real and personal 
estate held by them as such trustees, together with their 
title deeds, records and other vouchers. 

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

Approved May 26, 1869. 

An Act giving probate courts original concurrent jurisdic- (7/^mj,331 

TION WITH THE SUPREME JUDICIAL COURT OVER SALES OF TRUST -' ' 

ESTATES. 

Be it enacted, ^'c, as follows : 

Section 1. Probate courts shall have original jurisdiction. Probate courts 
concurrent with the supreme judicial court, over all matters coueiuTent^'u-'^ 
relating to the sale of trust estates, of which the supreme sfj^court**^^ 
judicial court now has exclusive jurisdiction. 

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

Approved May 28, 1869. 



636 



1869.— Chapter 332. 



Chap. 332 



Uniforms, no 
more to be 
issued. 

— state may be 
retained. 



Officers may 
prescribe, &c. 



Adj . gen. to 
transmit to 
cities and towns 
pay-rolls au- 
thorizing pay- 
ment of $20 for 
each uniform. 



Mayor and 
aldermen and 
selectmen to 
draw warrants. 



Uniforms sub- 
iect to use of 
members. 



An Act concerning the uniforms of the militia. 

Be it enacted, §'c., as folloios : 

Section 1. No more uniforms belonging to the state shall 
be issued to the militia. 

Section 2. The state uniforms now in the possession of 
the militia may be retained by them for their own use, and 
shall become their property when they have procured uniforms 
of their own under the provisions of this act. 

Section 3. Whenever a majority of the commissioned 
field, staff and line officers of a regiment or separate bat- 
talion, or a majority of the commissioned officers of a battery, 
unattached company of cavalry or company of cadets, at a 
meeting called for that purpose, shall prescribe a uniform 
for their commands, and make return of their doings in 
writing to the adjutant-general, and the same shall have 
been approved by the commander-in-chief, it shall become 
and remain the established uniform of the regiment, bat- 
talion, battery or company. 

Section 4. When it shall be made to appear, under the 
oath of the commanding officer of a company, to the satis- 
faction of the adjutant-general, that new uniforms have been 
procured by the enlisted men of his company, at their own 
expense, at a cost of not less than twenty dollars for each 
uniform, the adjutant-general shall transmit to the mayor 
and aldermen of the cities and to the selectmen of the towns 
in which such companies are situated, pay-rolls authorizing 
the payment of twenty dollars to each man who has thus 
provided himself with a uniform. Upon receipt of the same, 
the mayor and aldermen and selectmen shall draw their 
warrants upon their respective treasui'ers, directing them to 
pay forthwith the amount due to the persons named in such 
rolls ; and shall forthwith remit such rolls to the adjutant- 
general, with a certificate indorsed tliereon setting forth that 
a warrant has by them been drawn on their respective treas- 
urers in favor of the several persons whose names are recorded 
therein. Thereupon the adjutant-general shall lay the same 
before the auditor, and the governor may draw his warrant 
on the treasury, for sucli sums as may be necessary to re-im- 
burse such cities and towns, from the appropriation for 
quartermasters' supplies for the current year. These uni- 
forms shall be subject to the exclusive iise of the members 
providing the same, so long as they' remain ag enlisted men 
in the company ; but upon their promotion or discharge, the 
uniforms shall become and remain company property. 

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

Approved May 28, 1869. 



1869.— Chapters 333, 334, 335, 336. 637 

Ax Act to amend chapter two hundred of the acts of the QJiqj), 333 

YEAR EIGHTEEN HUNDRED AND SIXTY-EIGHT, CONCERNING THE ^ 

EDUCATION OF DEAF-MUTES. 

Be it enacted, §'c., as follows : 

Section one of chapter two hundred of the acts of the Amendment of 
year eighteen hundred and sixty-eight, is hereby amended ^^°*^' ^'^' ^ ^' 
by inserting after the word "Northampton " the words — or 
any other school for deaf-mutes in the Commonwealth. 

Approved May 28, 1869. 

.An Act authorizing the use of the state prison for the QJiqy)^ 334 
punishment of persons convicted in the united states ^ ' 

courts. 

Be it enacted, §'c., as follows : 

Tlie state prison shall be used for the reformation and state prison 
punishment of male offenders convicted before any court of for reception of 
the United States held within the district of Massachusetts, tencedio by°u. 
and sentenced according to law to the punishment of confine- ^- court. 
ment therein at hard labor ; and all such offenders shall be 
securely confined, employed at hard labor, and governed in 
the same manner as persons sentenced by any of the courts 
of this Commonwealth. Approved May 28, 1869. 



Chap. ^2^ 



An Act authorizing the governor and council to sell or 

LEASE certain LANDS AT SHELBURNE FALLS. 

Be it enacted, §'c., as follows : 

The governor and council are hereby authorized to convey Mayseiior 
or lease certain lands near the station grounds of the Troy lauds.^'^'^*^'^^" 
and Greenfield Railroad, at Shelburne Falls : provided, tliey Proviso, 
shall find on examination that said lands are not required, 
for railroad or depot purposes. Approved May 28, 1869. 



Chap. 336 



An Act in further addition to an act to establish the city 
of cambridge. 

Be it enacted, Sfc, as follows : 

Section 1. The mayor of the city of Cambridge shall be Mayor to be 
ex officio chairman of the school committee, and of the schooi^coni'tee 
board of overseers of the poor; but .shall have a casting ^p'^^J^'^'"^'^'^^"* 
vote only. 

Section 2. Every ordinance, order, resolution or vote, to ordinance, 
which the concurrence of the board of aldermen and of the appVovecMo be 
common council may be necessary, (except on a question of Ji^g"'"5e'\|o„^ 
convention of the two branches,) and every order of either 
branch, involving the expenditure of money, shall be pre- 
sented to the mayor. If he approve thereof, he shall signify 
his approbation by signing the same ; but if not, he shall 
return the same with his objections, to the branch in which 



638 1869.— Chapter 337. 

Objections to be jt Originated, which shall enter the objections of the mayor 
at length on its records, and proceed to reconsider said ordi- 
nance, order, resolution or vote ; and if, after such recon- 
sideration, two-thirds of the board of aldermen or common 
council, notwithstanding such objections, agree to pass the 
same, it shall, together with the objections, be sent to the 
other branch of the city council, (if it originally required 
concurrent action,) where it shall also be reconsidered, and 
if approved by two-thirds of the members present, it shall be 
in force ; but, in all cases, the vote shall be determined by 
yeas and nays, and if such ordinance, order, resolution or 
vote shall not be returned within ten days after it shall have 
Veto power not been presented, the same shall be in force. But the veto 
eiectiou of ° powcr of the mayor shall not extend to the election of officers 
officers. required by any law or ordinance to be chosen by the city 

council in convention, or by concurrent action, unless ex- 
pressly so provided therein. 
Acts repealed. SECTION '6. All acts and parts of acts inconsistent with 

the provisions of this act are hereby repealed. 
To be void SECTION 4. This act shall be void,unless the inhabitants 

bydtyf °^ " of the city of Cambridge, at a legal meeting called for that 
purpose, shall, by a majority of the voters present and voting 
thereon by ballot, determine to adopt the same within six 
months after its passage. Api)roved Mmj 28, 1869. 

Chap. 337 -^^ ^'^'^ "^^ AUXnORIZE the county commissioners of ESSEX 
COUNTY TO CONSTRUCT A BRIDGE OVER THE MERRIMAC RIVER. 

Be it enacted, §'c., as follows : 
Commissioners SECTION 1. The couuty commissioucrs for the county of 
bIidge"icross Esscx are hereby authorized and empowered, if in their • 
?/ear Chain '^^'^ judgment the public necessity and convenience require it, to 
F^'Ty i'l Grove- j^y out a highway and construct a bridge and draw across 
the Merrimac River, in the towns of Groveland and Haver- 
hill, at some point to be determined by them, near the Chain 
Proviso. Ferry, so called : provided, that the county of Essex shall 

not be assessed for more than one-fifth of the expense of 
constructing the same, and the said commissioners of Essex 
county shall not lay out or construct the said bridge, unless 
within six months from the passage of this act, the same shall 
have been accepted by the towns of Haverhill and Groveland, 
at legal town meetings held for that purpose, 
—to proceed as SECTION 2. Said commissioiiers, in laying out and con- 
a^nd'^conftmct- structiug Said road and bridge, shall, in all respects, proceed 
mg ingiiways. a(,QQi.(ji„g ^q i]^q prgvisions of the statutes for laying out and 
constructing highways. 



1869.— Chapter 338. 639 

Section 3. This act shall be void unless said county com — to layout, 
missioners lay out said highway and bridge within five years years!' 
from its passage. 

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

Approved May 28, 1869. 
An Act to incorporate the memorial hospital in the city QJiar). 338 

OF WORCESTER. -* 

Be it enacted, cVc, as follows: 

Section 1. Philip L. Moen, Emory Washburn, E. A. corporators. 
Goodnow, their associates and successors, are hereby made 
a body corporate by the name of The Memorial Hospital, for Name and pur- 
the purpose of establishing and maintaining in the city of ^'^'''^' 
Worcester a hospital to afford care and relief to the sick and 
suffering who require superior medical and surgical skill, 
and who, in the judgment of the trustees thereof, and in 
accordance with such rules and regulations as the trustees 
and board of visitors may from time to time prescribe, are 
fit and proper subjects for treatment therein ; with all the Powers and du- 
powers and privileges, and subject to all the duties, restric- 
tions and liabilities set forth in all general laws which now 
are or may hereafter be in force and applicable to such cor- 
porations. The clergyman of the City Mission Chapel on 
Summer Street in Worcester, shall, ex officio, be a member 
of said corporation. 

Section 2. Said corporation shall have authority to accept Real and per- 
and hold real and personal estate to an amount not exceed- ^°"'^ 
ing two hundred thousand dollars, to be devoted exclusively to 
the purposes aforesaid, and in conformity with the conditions 
made by any donor, not inconsistent with this act, expressed 
by him in writing and recorded in the records of said hospital. 

Section 3. The following named officers for the time Board of visi- 
being shall, ex officio, constitute the board of visitors of said *' • 
hospital, viz. : the judge of probate for the county of Worces- 
ter, the chairman of the county commissioners of said county, 
the superintendent of the Massachusetts Insane Hospital at 
Worcester, the mayor of the city of Worcester, the district- 
attorney for the middle district, and the sheriff of the county 
of Worcester. 

Section 4. All vacancies in the board of trustees shall l^^^^^ottlL- 
be filled by the remaining members of the board from time tees, how mied. 
to time as they occur, but no person shall be deemed to have 
been duly elected who does not receive two-thirds as many 
votes as the whole remaining number of trustees, at a meet- 
ing of said trustees duly called and notified for the purpose 
of such election. 

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

Ajjproved May 28, 1869. 



640 



1869.— Chapters 339, 340, 341. 



Chap. 339 



Gorpoiators. 



Name and pur- 
pose. 



Powers and du- 
ties. 



Capital stock 
and sliares. 



Proviso. 



An Act to incorporate the guardian newspaper association. 
Be it enacted^ cS'c, as follows: 

Section 1. Edward Atkinson, John W. Candler, Henry 
V. Poor, their associates and successors, are hereby made a 
corporation by the name of The Guardian Newspaper Asso- 
ciation, for the purpose of establishing, publishing and main- 
taining a newspaper in the city of Boston, to be published at 
sucli times as they shall determine ; 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, so far as applicable to such corpora- 
tions. 

Section 2. Said corporation shall have a capital stock of 
two hundred thousand dollars, divided into shares of one 
hundred dollars each, and may hold real estate for the pur- 
poses aforesaid to the value of fifty thousand dollars : pro- 
vided, however^ that said corporation shall not go into opera- 
tion until fifty thousand dollars of its capital stock shall have 
been paid in in cash. 

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

Approved May 28, 18G9. 



Cha/i. 



Chap 



tp. 340 -^^ ■^'^^ '^^ authorize the administrator DE bonis A'O.V of ABEL 
JEWETT TO EXECUTE CERTAIN PROVISIONS IN SAID JEWETT's 
WILL. 

Be it enacted^ S,x., as follows ; 

Section 1. The administrator de bonis non of the estate 
of Abel Jewett, late of Pepperell, is hereby authorized to 
execute the power conferred upon the executors of said 
Jewett by his will, in making sale of certain land lying on 
the southerly side of Nashua River in Pepperell, formerly 
Groton, known as the Lakin land, and islands in said river, 
and put the proceeds of said sale, to an amount sufficient to 
pay annually one hundred dollars of the annuity bequeathed 
to the widow of said Abel Jewett, upon interest, and divide 
the remainder among the children of said Jewett living at 
the time of making his will, or the heirs of such children, in 
accordance with the provisions of said will. 

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

Approved May 28, 1869. 

341 ^^ ■^^^ ^^ ADDITION TO AN ACT TO INCORPORATE THE BAPTIST 
CHURCH IN CAMBRIDGE. 



Administrator 
of estate of 
Abel Jewett 
may sell land 
in Pepperell. 



Proceeds of 
sale, how to 
be applied. 



Income of 
funds not to 
exceed $10,000 
annually. 



Be it enacted, c^c, as follows : 

The proviso in section four of the act to incorporate the 
Baptist churcli in Cambridge, being chapter fifty-six of the 
acts of the year eighteen hundred and nineteen, is hereby 



1869.— Chapters 342, 343. 641 

amended so as to read, ^^ provided, that the annual income 
of the said funds shall not at any time exceed ten thousand 
dollars." Approved May 28, 18(39. 

An Act to authorize the stoneham street railway company QJiap. 342 
TO lease its road. 

Be it enacted^ tVf., as follows : 

Section 1. The Stoneham Street Railway Company may May lease road. 
lease its road and other property to any other street railway 
company, or to any party or parties. 

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

Approved May 28, 1869. 

Ax Act to authorize the boston and maine railroad to C'Aaw.343 

WIDKN AND EXTEND ITS BRIDGE OVER CHARLES AND MILLER'S ^ 

RIVERS, AND FOR OTHER PURPOSES. 

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

Section 1. The Boston and Maine Railroad is hereby Boston and 
authorized to widen its bridge over Charles River, between may widen' 
the Charles River draw and the island, so called, of said c"ari|g°River. 
railroad, and to cover with a pile structure so much area as 
is embraced within the following described lines, namely : 
beginning at the south-easterly corner of said island and 
running in a straight line southerly two hundred and five 
feet, to a point opposite an angle in the easterly side of said 
bridge, and distant easterly twenty-four feet from said bridge ; 
thence southerly in a straight line parallel to said bridge, 
and twenty-four feet distant therefrom, to a point forty-five 
feet distant northerly from the nortlierly side of the passage • 
or draw-way hereinafter provided to be made for vessels ; 
thence southerly on a line at right angle to said passage-way 
forty-five feet to the northerly side of said passage-way ; 
thence westerly following and coinciding with the line of 
said passage-way one hundred and forty feet, to a point in a 
line with the westerly side of the present bridge, and thence 
northerly in a straight line to the south-westerly corner of 
said island. Also, to widen its said bridge over Charles 
River, between the Charles River draw and the Boston shore, 
by adding on each side of the present bridge a piece enclosed 
by a line drawn from a point in the side of the present bridge 
one hundred feet from the line of the wharf, to a point in 
the line of said wharf fifteen feet from the side of said bridge. 
Also, to extend its bridge over Miller's River, between the —may extend 
pile structure at the northerly end of the said island and the Miiier's°River. 
passage or draw-way hereinafter provided to be made for 
vessels in Miller's River, to the same width as and in line 
with the present bridge between the draw and the Charles- 

32 



642 1869.— Chapter 344. 

town shore ; and all the work in making such additions shall 
be made under the provisions of chapter one hundred and 
fort}Miine of the acts of the year eighteen hundred and 
sixty-six. 
i^^bridges'^ove? Section 2. The Boston and Maine Railroad is hereby 
Charles and authorized and required forthwith to cause to be made, at 
forty-four feet tliG cxpensG of Said Corporation, in lieu of the existing draw 
toectk)n''of ill the bridge of said railroad crossing Charles River, and in 
harbor com- lie^ gf ^1,^ existiuff draw in the brido;e of said railroad cross- 
ing Miller's River, southerly of Prison Point, so called, a 
draw in each of said bridges, with a clear passage-way of 
forty-four feet in width, in such position and of such form 
and construction, and with such changes in the draw piers 
and bridge connected with said draws, as may become neces- 
• sary or advisable in removing old and in building and main- 
taining new draws, as the harbor commissioners may deter- 
mine ; and all duties and liabilities now imposed by law upon 
said Boston and Maine Railroad, with respect to existing 
draws in said bridges, shall be held to apply to such newly 
constructed draws, 
tcfbe liable to' SECTION 3. Land acquired, taken or purchased by said 
taxation. Corporation under this act, shall not be exempt from tax- 

ation. 

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

Approved May 28, 1869. 

Chop. 344 -A^N Act for the more effectual preventiox of cruelty to 

ANIMALS. 

. Be it enacted, §'e., as follows : 
Penalty for SECTION 1, Whocvcr ovcrdrivcs, overloads, drives when 

stTrvfng°am- Overloaded, overworks, tortures, torments, deprives of neces- 
™'^'^' sary sustenance, cruelly beats, mutilates or cruelly kills, or 

causes, or procures, to be so overdriven, overloaded, driven 
when overloaded, overworked, tortui-ed, tormented, deprived 
of necessary sustenance, cruelly beaten, mutilated, or cruelly 
killed, any animal ; and whoever having the charge or custody 
of any animal, either as owner or otherwise, inflicts unneces- 
sary cruelty upon the same, or unnecessarily fails to provide 
the same with proper food, drink, shelter or protection from 
the weather, shall for every such offence be punished by 
imprisonment in jail, not exceeding one year, or by fine not 
exceeding two hundred and fifty dollars, or by both such fine 
and imprisonment, 
—for driving or SECTION 2. Evcrv owucr, Dosscssor, Or pcrsou having the 

working when , n ,. • i i 1 1 i • i 

unfit for labor, charge or custody 01 any animal, who cruelly drives or works 
the same when unfit for labor, or cruelly abandons tlie same, 
or who carries the same, or causes the same to be carried, in, 



1869.— Chapter 344. 643 

or upon, any vcliiclc, or otherwise, in an unnecessarily cruel — for tortiire or 

• 1 1 -1 J -ir 11 i-1 • cruelty of any 

or mini man manner, or knowingly and wiliully authorizes, kind. 
or permits the same to be subjected to unnecessary torture, 
suffering or cruelty, of any kind, shall be punished for every 
such offence in the manner provided in section one. 

Section 3. No railroad company, in the carrying or trans- Railroads not to 

, ,. f» • 1 1 n -J. xi ± y n ^ ' confine animals 

portation oi animals, sliall permit the same to be confined in in cars ibr more 
cars, for a longer period than twenty-eight consecutive hours, {hx"hou?"*^''" 
without unloading the same for rest, water and feeding, for 
a period of at least five consecutive hours, unless prevented 
from so unloading by storm or other accidental causes. In 
estimating such confinement, the time during which the 
animals have been confined without such rest on connecting 
roads from which they are received, shall be included ; it 
being the intent of this act to prohibit their continuous con- 
finement beyond the period of twenty-eight hours, except 
upon contingencies herein before stated. Animals so uii- Animals to be 
loaded shall be properly fed, watered and sheltered during anlTwate'redL 
such rest, by the owner or person having the custody thereof, 
or, in case of his default in so doing, then by the railroad 
company transporting the same, at the expense of said owner 
or person in custody thereof, and said company shall in such 
case have a lien upon such animals for food, care and custody 
furnished, and shall not be liable for any detention of such 
animals authorized by this act. Any company, owner or Penalty on rail- 

ro'id'^ for G9-o1i 

custodian of such animals who shall fail to comply with the offence, 
provisions of this section, shall for each and every such offence 
be liable for and forfeit and pay a penalty of not less than 
one nor more than five hundred dollars : provided, however, Proviso, 
that when animals shall be carried in cars in which they can 
and do have proper food, water, space and opportunity for 
rest, the foregoing provision in regard to their being unloaded 
shall not apply. 

Section 4. Any person found violating the laws in rela- Persons may be 
tion to cruelty to animals, may be arrested and held without out'^warri^it/as 
warrant in the same manner as in case of persons found breach of the 
breaking the peace ; and the person making an arrest with peace. 
or without warrant shall use reasonable diligence to give ^iveifto^oAvner 
notice thereof to the owner of animals found in the charge tif animals. 
or custody of the person arrested, and shall properly care 
and provide for such animals until the owner thereof shall 
take charge of the same : provided, the owner shall take Proviso, 
charge of the same within sixty days from the date of said 
notice. And the person making such arrest shall have a 
lien on said animals for the expense of such care and 
provision. 



644 



1869.— Chapter 345. 



Search warrant 
may be issued, 
not to be served 
after sunset 
unless author- 
ized by magis- 
trate. 



Words "ani- 
mal," "owner," 
&c., defined. 



Duty of sheriffs, 
police officers, 
&c., to prose- 
cute. 



Police courts, 
&c., to have 
concurrent 
jurisdiction 
with superior 
court. 



Repeal. 



Section 5. When complaint is made on oath or affirma- 
tion to any magistrate authorized to issue warrants in crimi- 
nal cases, that the complainant believes and has reasonable 
cause to believe that the laws in relation to cruelty to animals 
have been or are being violated in any particular building or 
place, such magistrate, if satisfied that there is reasonable 
cause for such belief, shall issue a search warrant authorizing 
any sheriff, deputy sheriff, deputy state constable, constable 
or police officer to search such building or place ; but no such 
search shall be made after sunset unless specially authorized 
by the magistrate, upon satisfactory cause shown. 

Section 6. In this act the word " animal " or " animals " 
shall be held to include all brute creatures ; and the words 
" owner," " person " and "whoever," shall be held to include 
corporations as well as individuals, and the knowledge and 
acts of agents of and persons employed by corporations in 
regard to animals transported, owned or employed by or in 
the custody of such corporations, shall be held to be the acts 
and knowledge of such corporations. 

Section 7. It shall be the duty of all sheriffs, deputy 
sheriffs, deputy state constables, constables and police officers 
to prosecute all violations of the provisions of this act which 
shall come to their notice or knowledge, and fines and forfeit- 
ures collected upon or resulting from the complaint or infor- 
mation of any officer or agent of the Massachusetts Society 
for the Prevention of Cruelty to Animals, under this act, 
shall inure and be paid over to said society in aid of the 
benevolent objects for which it was incorporated. 

Section 8. The several municipal and police courts and 
trial justices in this Commonwealth shall have full concurrent 
jurisdiction with the superior court of all offences under 
this act, and to the full extent of the penalties therein 
specified. 

Section 9. Chapter two hundred and twelve of the acts 
of the year eighteen hundred and sixty-eight is hereby 
repealed, except as to prosecutions now pending under the 
same, and offences heretofore committed. 

. Approved June 2, 1869. 



Chap. 345 Ax Act to amend "an act to provide for the storage, sale 

AND INSPECTION OF PETROLEUM AND ITS PRODUCTS." 

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

Eepeai of 1809, SECTION 1. The eleventh section of chapter one hundred 
152, 11. ^^^^ fifty-two of the acts of the year eighteen hundred and 

sixty-nine, is hereby repealed. 



1869.— Chapters 346, 347, 348. 645 

Section 2. No person shall sell or keep for sale at retail, Kerosenefor 

1 1 ' iJiuininu till fir 

for illuminating purposes, any kerosene, refined petroleum purposes not to 
or any product of petroleum, without having the same h^spectiou, 
inspected and approved by an authorized inspector. Any "'^'^'^'" p*^"'^^*^- 
person violating the provisions of this section shall be fined 
and imprisoned in the manner provided in the first section of 
chapter one hundred and fifty-two of the acts of the present 
year. Approved June 2, 1869. 



Chap. 346 



An Act to extend membership of parishes and religious 

SOCIETIES to women, AND TO ADMIT TO MEMBERSHIP OF TERRI- 
TORIAL PARISHES NON-RESIDENTS. 

Be it enacted, ^x., as follows : 

Section 1. Any parish or religious society may admit to Parishes may 
membership women, who shall have all the rights and privi- to membership 

leges of men. _ _ rights aTmen. ■ 

Section 2. Any territorial parish may admit to member- Territorial 

, . , • T , ," -i J • i parishes may 

ship persons not residents ot its territory. admit non-resi- 

Section 3. This act shall take effect upon its passage. '^'"* members. 

Approved June 2, 1869. 

An Act concerning the school committee of the city of Chcip. 347 

TAUNTON. 

Be it enacted, §'c., as folloios : 

Section 1. The mayor and the president of the common Mayorandpres- 
council of the city of Taunton shall be ex officiis members of "dX* member"^ 
the board of school committee of said city, and the mayor °fi*j';^g°'^^ *^°™" 
shall be chairman of said board ; with the same powers and Mayortobe 
duties as if sdverally elected to said offices by vote in accord- ^ ^^"■™^°- 
ance with law. 

Section 2. This act shall take effect when accepted by when to take 
the city council of said city : provided, such acceptance be '^^^'^^' 
within three months after its passage. 

Approved June 2, 1869. 

An Act to alter the location of the lee and new haven QJian. 348 

RAILROAD, AND FOR OTHER PURPOSES. ^ ' 

Be it enacted, Sfc, as follows : 

Section 1. The Lee and New Haven Railroad Company Lee and New 
is hereby authorized to alter the location of its railroad at may^alter loca-' 
different points on the line of the same, and particularly ^^""°*"'^°^'^- 
from a point near Green Water Pond, in the town of Becket, 
so as to intersect the Stockbridge and Pittsfield Railroad, at 
some point near Lenox Furnace, and that said company have To be done 
two years from the passage of this act to make the alteration 7ears"*^^° 
or change in the location of said railroad. 



646 



1869.— Chapter 349. 



— may unite 
with Stock- 
bridge and 
Pittsfleld Kail- 
road. 



Commissioners 
to be appointed 
if roads cannot 
agree upon 
terms. 



$500,000 addi- 
tional capital 
stock. 



Chap 



Dorchester an- 
nexed to Bos- 
ton, and to 
become part of 
Suffolk County. 



Proviso. 



Election of 
members of 
house of repre- 
sentatives, sen- 
ator, councillor, 
&c. 



Duties of select- 
men, town clerk 
and ward offi- 
cers. 



Section 2. Said Lee and New Haven Railroad Company 
is hereby authorized to enter with its road or any branch 
tliereof, upon, and unite the same with, and on the road of 
the Stockbridge and Pittsfleld Railroad Company, at any 
point in the towns of Lenox, Lee or Stockbridge, for a 
reasonable compensation. If the corporations cannot agree 
upon the terms and conditions upon which such accommo- 
dation shall be furnished, commissioners may be appointed 
in the manner prescribed in section one hundred and seven- 
teen of chapter sixty-three of the General Statutes, with all 
powers given them therein. 

Section 3. Said company may increase its capital stock 
to a sum not to exceed five hundred thousand dollars, if 
the same may be necessary .to complete said railroad and its . 
branches. 

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

Approved June 2, 1869. 

. 349 An Act to unite the city of boston and the town of 

dorchester. 

Be it enacted, Sfc, as folloim : 

Section 1. All the territory now comprised .within the 
limits of the town of Dorchester, in the county of Norfolk, 
with the inhabitants and estates therein, is hereby annexed 
to and made part of the city of Boston, in the county of 
Suffolk, and shall hereafter constitute a part of the county 
of Suffolk, subject to the same municipal regulations, obli- 
gations and liabilities, and entitled to the same immunities 
in all respects as the said city of Boston : provided, however, 
that until constitutionally and legally changed, said territory 
shall continue to be, for the purpose of electing members of 
the house of representatives, part of the county of Norfolk, 
constituting the fifth representative district thereof ; for the 
purpose of electing a senator, part of the second Norfolk 
senatorial district ; for the purpose of electing a councillor, 
part of the second council district, and for the purpose of 
electing a representative in congress, part of congressional 
district number two, as the same are now constituted. 

All the duties now required by law to be performed by 
the selectmen and town clerk, of the town of Dorchester, or 
either of them, pertaining to the election of representatives 
in congress, state councillors, senators and members of the 
house of representatives, shall in like manner devolve upon 
and be performed by the board of aldermen and city clerk of 
the city of Boston. 



1869.— Chapter 349. 647 

It shall be the duty of the ward officers of the ward, 
erected out of said territory as hereiuafter provided, to make 
return of all votes that may be cast therein, from time to 
time, for representatives in congress, state councillors, sena- 
tors, members of the house of representatives, and for all 
other national, state, district, county, municipal and ward 
officers, to the city clerk of the city of Boston. 

Section 2. All the public property of the said town of ^f^'^jfrcSr*^ 
Dorchester shall be vested in and is hereby declared to be to be vested in 
the property of the city of Boston ; and said city of Boston 
shall succeed to all the rights, claims, causes of action, rights 
to uncollected taxes, liens, uses, trusts, duties, privileges and 
immunities of said town of Dorchester, The town treasurer Treasurer of 
of the town of Dorchester shall, on or before the second deliver books, 
Monday of January, in the year eighteen hundred and IjiIJperty^'^ 
seventy, under the direction of the selectmen of said town 
of Dorchester, who shall for this purpose, and for all other 
purposes necessary to carry into full effect the provisions of 
this act, continue to hold their offices over, transfer, deliver, 
pay over and account for to the city treasurer of the city of 
Boston, all books, papers, moneys and other property in his 
possession as town treasurer of said town of Dorchester, 
when this act shall take effect ; and the city of Boston shall na^fe fo^°drtts 
become liable for and subject to all the debts, obligations, of Dorchester. 
duties, responsibilities and liabilities of said town of Dorches- 
ter. All actions and causes of action which may be pending, rending ac- 
or which shall have accrued at the time this act shall take survive. ' 
effect, in behalf of or against the town of Dorchester, shall 
survive, and may be prosecuted to final judgment and execu- 
tion, in behalf of or against the city of Boston. 

Section 3. The several courts within the county of Suffolk, Jurildiction of 

.. ' T • n ^ courtsm Suffolk 

except the municipal court tor the southern district oi the and Norfolk 
city of Boston, after this act shall take effect, shall have the ^°"'^'^^*^*- 
same jurisdiction over all causes of action and proceedings 
in civil causes, and over all matters in probate and insolvency, 
which shall have accrued within said territory hereby annexed, 
that said courts now have over like actions, proceedings and 
matters within the county of Suffolk : provided, hoivever, Provisos, 
that the several courts within the county of Norfolk shall 
have and retain jurisdiction of all actions, proceedings and 
matters, that shall have been rightfully commenced in said 
courts prior to the time when this act shall take effect ; and 
the supreme judicial court and the superior court within the 
county of Suffolk, after this act shall take effect, shall have 
the saniie jurisdiction of all crimes, offences and misdemeanors 
that shall have been committed within the said territory, that 



648 1869.— Chapter 349. 

the supreme judicial court and superior court within the 
county of Norfolk now have jurisdiction of: provided, pro- 
ceedings shall not have been already commenced in any of 
the courts within the county of Norfolk, for the prosecution 
of said crimes, offences and misdemeanors ; in which case, 
the said courts within the county of Norfolk shall have and 
retain jurisdiction of the same for the full, complete and 
final disposition thereof. All suits, actions, proceedings, 
complaints and prosecutions ; and all matters of probate 
and insolvency which shall be pending within said territory, 
before any court or justice of the peace, when this act shall 
take effect, shall be heard and determined as though this act 
had not passed. 
Territory to SECTION 4. Said territory shall be added to, and consti- 

oi district under tutc a part of tlic judicial district under the jurisdiction of 
munfcipaTcourt tlic municipal court of the city of Boston. Said court shall 
of Boston. have the same civil and criminal jurisdiction in said territory 

as it now has by law in its district as it now exists, 
—to constitute SECTION 5. The Said territory shall constitute a ward of 
Boston.' the city of Boston, to be called ward sixteen, and shall so 

remain until the alteration of the ward limits of the city of 
Boston, provided by law. And the ward so established shall 
be entitled to all the municipal and ward officers which each 
of the other wards of said city of Boston is entitled to. 
Ward officers to SECTION 6. If this act sliall be accepted as hereinafter 
provided, said territory shall, after the second day of Novem- 
ber, in the year eighteen hundred and sixty-nine, constitute 
a ward of the city of Boston, to be called ward sixteen, for 
all the purposes mentioned in this section and in section 
seven of this act. And the board of aldermen of said city 
of Boston shall, in due season, issue their warrant for a 
meeting of tlie legal voters of said ward, to be held on the 
second Monday of December, in the year eighteen hundred 
and sixty -nine, at some place within said ward, which shall 
be designated in said warrant, there first to choose a warden, 
clerk, and five inspectors of elections for said ward, who shall 
hold their offices until the first Monday of January in the 
year eighteen hundred and seventy, and until others shall be 
chosen and qualified in their stead ; second, to give in their 
ballots for the several municipal and ward officers for the 
year eighteen hundred and seventy, for which they shall be 
entitled to vote by virtue of the provisions of this act. 
sciiooi commit- Thc votcrs of said ward shall designate, by their ballots 
cast at said meeting, the term of service for which each of 
the six school committee men, who shall be chosen* in said 
ward, shall serve, so that two of the number so chosen shall 



1869.— Chapter 349. 649 

serve for three years, two for two years, and two for one 
year. The board of aldermen of the city of Boston shall 
prepare lists of all the legal voters in said ward, to be used 
at said meeting, and shall do all other things which they are 
now by law required to do in respect to like elections in 
other wards in the city of Boston ; and at said meeting, any 
legal voter of said ward may call the citizens to order, and 
preside until a warden shall have been chosen and qualified. 
All ward officers whose election is provided for in the pre- 
ceding section, shall be qualified according to law. The citizens may 
citizens of the territory by this act annexed to the city of cipui officers of 
Boston, shall have the same right to vote for municipal Jear^isoa! ^'^^^ 
officers, at the annual municipal election of the city of 
Boston, in the year eighteen hundred and sixty-nine, as they 
would have had if said territory had formed part of the 
city of Boston for more than six months next before said 
election. 

Section 7. After the present municipal year the board of ^ermen'^ cLn- 
aldermen of the city of Boston shall consist of twelve mem- oilmen ami 
bers, and the common council of the city of Boston shall tVu. 
jconsist of sixty-four members. The number of wards of 
said city, including the ward to be formed out of the territory 
hereby annexed, shall be sixteen. 

Section 8. The several police officers and watchmen that roiice officers, 
may be m office in the town of Dorchester when this act Dorchester, to 
shall take effect, shall thereafter continue in the discharge charge of Their" 
of their respective duties, in the same manner as if they ^i"ties. 
were police officers and watchmen of the city of Boston, 
until others shall be appointed in their stead. And the fire 
engineers and firemen of the town of Dorchester shall in 
like manner continue in the discharge of their duties, as if 
they were engineers and firemen of the city of Boston, till 
others are appointed in their stead. 

Section 9. All the interest which the town of Dorchester interest of Dor- 
now has in the public property of the county of Norfolk, is ty property re^' 
hereby released and acquitted to said county of Norfolk. '*^^*''^'^- 
Such proportion of the debts and obligations of the county Boston to pay 
of Norfolk, existing when this act shall take full effect, over oTckbts^of '°° 
and above the value of all the property belonging to said county ^^rfoik coun- 
as should proportionally and equitably be paid by the inhabi- 
tants and property owners of the territory by this act annexed 
to the city of Boston, shall be paid by said city of Boston to 
said county of Norfolk ; and the supreme judicial court shall fi^c"aiid"pYy-^^ 
have jurisdiction in equity to determine the amount of such nient enforced 
proportion, (if any,) and enforce the payment of the same ^'' ' ' 
"upon a suit of equity, in the name of said county, to be 
33 



650 



1869.— Chapter 349. 



Obligation of 
contracts not 
imijaired. 



Proviso. 



Act not to take 
full etTect unless 
accepted by 
voters of Bos- 
ton and Dor- 
chester. 



Meetings to be 
held in both 
places June 22, 
1809. 



Ward officers, 
pro tempore, 
may be chosen. 



Ballots. 



Meetings, how 
warned. 



brought therefor witliin six months after tliis act shall go 
into full opei'ation, by the county commissioners of said 
county of Norfolk, if they shall deem such suit for the 
interest of said county ; but no such suit shall be instituted 
after said six months. 

Notliing contained in this act shall impair the obligation 
of contracts ; and the property and iniiabitants of the terri- 
tory by this act annexed to the city of Boston shall continue 
liable to the existing creditors of the county of Norfolk, in 
like manner as if this act had not been passed : provided, 
that if any person, by reason of his being an inhabitant of, 
or owning property in, said territory, shall be compelled to 
pay any part of an existing debt or obligation of the county 
of Norfolk, the amount of such payment shall constitute a 
debt to him from said county as hereafter to l)e constituted, 
exclusive of said territory, and may be recovered in like 
manner as other debts against the county of Norfolk. 

Section 10. This act shall not take full effect unless 
accepted by a majority of the legal voters of the city of 
Boston present and voting thereon by ballot, at meetings 
which shall be held in the several wards of said city, and 
also by a majority of the legal voters of the town of Dorches- 
ter present and voting thereon by ballot, at a meeting which 
shall be held in said town. All said meetings shall be held 
simultaneously on the twenty-second day of June of the 
present year, and upon notice thereof duly given at least 
seven days before the time of said meetings, and the polls 
shall be opened at nine o'clock in the forenoon of said day, 
and sliall be closed at six o'clock in the afternoon. In case 
of the absence of any ward officer at any ward meeting in 
said city held for the purpose aforesaid, or of any of the 
selectmen, or of the town clerk at any meeting in said town 
held for said purpose, a like officer may be chosen, pro 
tempore, by hand vote, and shall be duly qualified and shall 
have all the powers, and be subject to all the duties, of the 
regular officer at said meetings. Said ballots shall be "yes" 
or " no" in answer to the question, "Shall an act passed by 
the legislature of the Commonwealth in the year eighteen 
hundred and sixty-nine, entitled 'an act to unite the city of 
Boston and the town of Dorchester,' be accepted ? " Such 
meeting in the town of Dorchester shall be called, notified 
and warned by the selectmen of said town, in the same 
manner in which meetings for the election of town officers 
in said town are called, notified and warned ; and such meet- 
ings in the city of Boston shall be called, notified and warned 
by tlie board of aldermen of said city in the same manner in 



1869.— Chapter 349. 651 

whicli meetings for the election of municipal officers, in said 
city are called, notified and warned. 

The hallots given in shall be assorted, counted and declared Jesuit of bai- 

T ° . . . • 1 1 • -1 • lotiiig to be 

in tlie ward meetuigs ni which tliey are given m the city recorded and 
of Boston, in open ward meeting, and shall be registered in ^'^ "'^"'^ 
the ward records ; and in the town of Dorchester the ballots 
given in shall be assorted, counted and declared in open 
town meeting, and shall be recorded upon the records of the 
town. Tiie clerk of each ward in the city of Boston shall 
make return of all ballots given in his ward, and the number 
of ballots in favor of the acceptance of this act, and the num- 
ber of ballots against said acceptance, to the board of alder- 
men of the city of Boston ; said returns to be made within 
forty-eight hours of the close of the polls. 

It shall be the duty of the board of aldermen of the city Returns to be 
of Boston to certify as soon as may be the ballots cast in the secretary of the 
city of Boston, and the number of ballots cast in favor of the ^y^!"i"i^°*^" 
acceptance of this act, and the number of ballots cast against 
said acceptance in said city, to the secretary of the Common- 
wealth. 

The selectmen and town clerk of the town of Dorchester 
shall, as soon as may be, make a like return of the ballots 
cast in said town, and the number of ballots cast in favor of 
acceptance of this act, and the number of ballots cast against 
said acceptance in said town, to the secretary of the Com- 
monwealth. 

And if it shall appear that a majority of the votes cast in secretary to 
the city of Boston, and a majority of the votes cast in the cate\f majority 
town of Dorchester, respectively, is in favor of the accept- fiv^o"r of accept- 
ance of this act, the said secretary shall immediately issue '^"^e. 
and publish his certificate declaring this act to have been 
duly accepted. 

Section 11. So much of this act as authorizes and directs Part of act to 
the submission of the question of acceptance of this act to passage!*^ ^^°^ 
the legal voters of said city and said town, respectively, pro- 
vided for in the tenth section of this act, shall take effect 
upon its passage. 

Section 12. If this act shall be accepted as herein pro- wiien to take 
vided, it shall take effect on the third day of November, in ed!"*^ accep - 
the year eighteen hundred and sixty-nine, so far as to author- 
ize, legalize and carry into effect the acts and provisions of 
the sixth and seventh sections of this act ; but for all other 
purposes (except as mentioned in section eleven of this act,) * 

it shall take effect on the first Monday of January, in the 
year eighteen hundred and seventy. 



652 1869.— Chapters 350, 351. 

fa-°<f s^ j°c '° Section 13. If any election or balloting upon the qiies- 
dcciare baUot- tion of the acccptance of this act, by either said city or said 
ingvoi . town, shall witliin two months thereafter be declared void 

by the supreme judicial court, upon summary proceedings, 
which may be had in any county on the petition of fifty 
voters of either said city or said town, the question of accept- 
ing said act shall be again submitted to the legal voters of 
said city or town, and a meeting therefor shall within thirty 
days thereafter be called, held and conducted, and the votes 
returned and other proceedings had thereon, in like manner 
as herein before provided. But no election or balloting shall 
be held void for informality, in calling, holding or conduct- 
ing the election, or returning the votes, or otherwise, except 
upon proceedings instituted therefor and determined within 
sixty days thereafter, as aforesaid. Approved June 4, 1869. 

Chap. 350 An Act to establish the boundary line between the towns 

OF EGllEMONT AND SHEFFIELD. 

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

Boundary Hne The line betwccu the towns of Egremont and Sheffield, 
between the points named, shall hereafter be established as 
follows, to wit : beginning at a post standing on the easterly 
side of the Harmon Pond, so called, being a corner in the 
present line between said towns ; thence north three degrees 
and four minutes east eighty-nine chains to a stone monu- 
ment; thence north seventy-six degrees and forty-five minutes 
east, sixty chains and thirty-eight links to a stone monument 
standing at a corner in the present line between said towns. 

Approved June 4, 1869. 
C^fifW. 351 An Act in addition to "an act for supplying the city of 

LOWELL WITH WATER." 

Be it enacted, ^'c, as follows : 

Lowell may SECTION 1. The citv of Lowcll is hereby authorized to 

convey water iiii -i • ii ii -i. 

frombracut take, hold and convey to, into and through tlie said city 
boroughffor from Bcavcr Brook, so called, in the town of Dracut, Long 
Pond, in Dracut, and Tyng's Pond, in Dracut and Tyngs- 
borough, and the waters which flow into and from the same, 
sufficient water for the use of said city and the inhabitants 
thereof, for the extinguishment of fires, creating steam, 
-may hold domcstic and other purposes; and may also take and hold, 

lands necessary , ^ • \ ^ ^ 

to maintain by purchasc or otherwise, any lands or real estate necessary 
for laying and maintaining aqueducts or pipes for conduct- 
ing, discharging, disposing of and distributing water, con- 
structing and maintaining reservoirs, dams and such other 
works as may be deemed necessary or })roper for raising, 
forcing, retaiuhig, distributing, discharging or disposing of 



use of inhabi- 
tants. 



aqueducts. 



1869.— Chapter 351. 653 

said water ; and may take and hold any land on and around -^;;',[^|'^,|f„'^,''*^ 
said ponds and Beaver Brook, for the purpose of raising ami brook for 

1 , 1 . , 1 V xi -i. J raising water 

water to sucli heiglit as may be necessary tor tlie purity and to necessary 
preservation of the same, and for the purpose of furnishing a •"^'s'''- 
supply of pure water for the said city of Lowell. 

Section 2. The city of Lowell shall, within sixty days -to me descrip- 

. ,. ,, 11 11 11 -I i tion of land 

from the tune they shall take anv lands, ponds or streams taken in regis- 
of water for the purposes of this a"ct, file in the office of the try of deeds, 
registry of deeds for the northern district of Middlesex, a 
description of the lands, ponds or streams of water so taken, 
as certain as is required in a common conveyance of lands, 
and a statement of the purposes for which they were taken, 
wliich description and statement shall be signed by the mayor 
of said city. 

Section 3. The said city may make, build, lay down and "d'^ily down 
maintain aqueducts and pipes from any of said sources to, "/^"^''pon*^;; a°S' 
into, through and about said city, and secure and maintain maintain dams, 
the same by any works suitable therefor ; may connect said 
Tyng's Pond and Long Pond with each other ; may erect 
and maintain dams to raise and retain the water taken ; 
may construct and maintain reservoirs within or without 
said city ; and may make, erect and maintain and carry on 
such other works as may be necessary or proper for raising 
the water into the same, and forcing and distributing the 
water through and about said city ; may make and establish p„'if,^??oun^'^ 
such public fountains and hydrants in such places as may tains. 
from time to time be deemed proper, and prescribe the 
purposes for which the same may be used, and may change 
or discontinue the same ; may distribute the water through- 
out the city, and for this purpose may lay down pipes to any 
house or building in said city, tlie owner or owners thereof 
having notice, and not objecting thereto ; may regulate the 
use of said water, within and without the said city, and 
establish, receive and collect the prices or rents to be paid 
therefor ; and the said city may, for the purposes aforesaid, 
carry and conduct and maintain any aqueducts, pipes or 
other works by them to be made, laid down or conducted 
over, under, through or across any water-course, canal, 
street, bridge, railroad, highway or other way, in such a 
manner as not to obstruct tlie travel or free use thereof ; 
may enter upon and dig up any such road, street or way for 
the purpose of laying down pipes beneath the surface thereof, 
and for maintaining and repairing the same, and in general 
may do any other acts and things necessary or convenient 
and proper for carrying out the purposes of this act. 



654 



1869.— Chapter 351. 



"Works not to 
obstruct naviga- 
tion in canals. 



Powers under 
this act to be 
exercised l)y 
officers under 
direction of 
city council. 



City may bor- 
row money and 
issue notes at 
six per cent, to 
defray expen- 
ses. 



3Iay assess for 
payment of 
principal and 
interest of debt. 



Remedy for 
damages. 



Section 4. All pipes, aqueducts and other works con- 
structed or erected by said city, by virtue of this act, in, 
under or over any of the canals of " The Proprietors of the 
Locks and Canals on Merrimack River," shall be so con- 
structed, erected and laid, as, when completed, not to obstruct 
the navigation in said canals, or either of them, or to inter- 
rupt or impede the flow of the water in the same. 

Section 5. The rights, powers and authorities given to 
the city of Lowell by this act, sliall be exercised by the said 
city, subject to the restrictions, duties and liabilities herein 
contained, in such manner and by such commissioners, offi- 
cers, agents and servants as the city council shall from time 
to time ordain, appoint and direct. 

Section 6. For the purpose of defraying the expenses 
which may be incurred by the city of Lowell in carrying 
into effect the powers granted by this act, the said city of 
Lowell shall have authority, from time to time, to borrow 
such sum or sums of money, and to issue notes, scrip or 
certificates of debt therefor, as the city council of Lowell 
shall from time to time deem expedient, bearing interest not 
exceeding the rate of six per cent, per annum ; and the prin- 
cipal sliall be made payable at periods not more than twenty 
years from the issuing of said notes, scrip or certificates of 
debt, respectively ; and the city council may sell the same, 
or any part thereof, from time to time, at public or private 
sale, or pledge the same for money borrowed for the purposes 
of this act, on such terms and conditions as the city council 
shall judge proper. And the city council of the said city is 
hereby authorized, from time to time, to appropriate, grant 
and assess such sura or sums of money as shall be deemed 
expedient towards paying said expenses, or the principal of 
the money so borrowed or obtained, and the interest thereof, 
in the same manner as money is appropriated, granted and 
assessed for other city purposes. 

Section 7. All persons and corporations who shall be 
damaged in their property by the taking of any lands or 
water, the building of reservoirs, aqueducts, or water-works, 
or the laying of pipes, or in any other way, in carrying into 
effect the powers hereby granted to the city of Lowell, unless 
the said city shall, within sixty days after request in writing 
made to the mayor of said city, pay or tender to the person 
or corporation so damaged a reasonable compensation there- 
for, shall have the same remedies as are provided in the 
forty-third chapter of the General Statutes for persons dam- 
aged by the laying out of highways. 



1869.— Chapter 352. 655 

Section 8. If any person shall use any of the said water, water notto be 

•j.1 -ii • 'ii Vl -1 -J. -ii i j-i J. c • 1 used witliout 

eitlier witliin or without said city, without the consent oi said consent of city, 
city, an action of tort may be maintained by said city for the ""^er penalty. 
recovery of the damages sustained. 

Section 9. If any person wantonlv or maliciously shall renaity for cor- 

•' r ./ . ^ rupting water 

divert the water from, or corrupt the water m, or destroy or injuiing 
or injure any aqueduct, reservoir, pipe, conduit, hydrant, '^'^*"" 
machine, or other works or property held, owned or used by 
the said city of Lowell, by the authority and for the pur- 
poses of this act, every such person or persons shall forfeit 
and pay to the said city three times the amount of damages 
that sliall be assessed therefor, to be recovered by any proper 
action ; and every such person or persons may, moreover, 
on indictment for, and conviction of, either of the wanton 
or malicious acts aforesaid, be punished by fine not exceed- 
ing one thousand dollars, and imprisonment not exceeding 
one year. 

Section 10. This act shall take effect upon its passage. 

Approved June 4, 1869. 
An Act to authorize the fitchburg railroad company to (JJiap, 352 

WIDEN AND EXTEND ITS BRIDGE OVER CHARLES RIVER, AND FOR 
OTHER PURPOSES. 

Be it enacted, ^c, as follows : 

Section 1. The Fitchburg Railroad Company are hereby May widen and 
authorized to straighten the line of their pile structur<js over over oiuuies 
Charles River, between Charlestown and Boston, and to ^^'''^'^' 
widen such structure on the easterly side thereof, by extend- 
ing the same upon piles over that portion of said river situ- 
ated between the westerly side of the pile structure of the 
Fitchburg Railroad as now built and the new line hereinafter 
described ; said new line commencing at a point on the east- 
erly side of the Boston and Maine Railroad Bridge, distant 
forty-seven feet southerly from the south-westerly corner of 
the Fitchburg Railroad repair-shop in Charlestown, and 
thence extending easterly, in a straight line, to the north- 
westerly corner of the present pile wharf of the Fitchburg 
Railroad Company ; thence south-easterly, following and 
coinciding with the line of said wharf and of the bridge 
of said company, as now constructed, to the south-westerly 
corner of the old discontinued draw-pier ; thence, southerly, 
parallel to the easterly side of said railroad bridge, to a 
point sixty feet distant, northerly, from the line of the north 
side of the. passage-way to be left for vessels to pass through 
said bridge ; thence, south-easterly, to a point on the line of 
the northerly side of said passage-way, which point shall be 



656 



1869.— Chapter 352. 



New line on 
Boston side 
bridge. 



May make 
necessary 
changes "in 
draws, &c. 



To widen 
cli-aws. 



Proviso. 



twenty feet distant easterly at right angles from the continua- 
tion of the line before described, running parallel to tlie east- 
erly side of said bridge ; thence, easterly, following and coin 
ciding with the northerly side of said passage-way, a distance 
of one hundred and forty-five feet ; thence, northerly, in a 
straight line at right angles to the, line of said passage-way, 
a distance of about one hundred feet to a point in the 
easterly side of said railroad bridge ; and all structures and 
piles easterly of the last mentioned line shall be removed by 
said company before the completion of the draw herein 
required to be built. And all right, title and interest of 
said company in the channel of Charles River easterly of 
and adjoining said line shall then cease and determine. 

Said new line on the Boston side of Charles River, com- 
mences at a point on the south-easterly side of the draw-pier 
to be constructed as hereinafter required at its junction with 
the present westerly line of the said Fitchburg Railroad 
bridge, and thence extends south-easterly, following and 
coinciding with the westerly side of said bridge as now 
Ijuilt, to a point one hundred feet distant, north-westerly, 
from the westerly side of the old Warren Bridge ; tlience 
southerly to a point on the Boston and Maine Railroad 
wharf, distant fifteen feet westerly from the western side 
of said Warren Bridge, by measurement made on the front 
line of said wharf. 

SEctroN 2. The Fitchburg Railroad Company may make 
such changes, additions and improvements in their draws, 
as they shall find necessary to conform to a new arrangement 
of tracks and ways on said bridge, subject to the approval of 
the harbor commissioners. 

Section 3. The Fitchburg Railroad Company is hereby 
authorized and required forthwith to cause to be made, at 
the expense of said corporation, in lieu of its existing draw 
in the bridge of said company crossing Cliarles River, a draw 
or draws with a clear passage-way of forty-four feet in width, 
in such position and of such form and construction, and 
with such changes in the draw-piers and bridge connected 
with said draws as may become necessary or advisable in 
removing the old and in building and maintaining such new 
draw, as the harbor commissioners may determine. But no 
portion of such passage-way shall be located or constructed 
south of the line of the planked face on the north side of 
the present draw-pier between the Fitchburg Railroad and 
Warren Bridges, or on any part of the Fitchburg Railroad 
Bridge south of the line of the north side of said draw-pier 
extended to the westerly side of said Fitchburg Railroad 



1869.— Chapters 353, 354, 355. 657 

Bridge.' And all duties and liabilities now imposed by law 
upon said Fitcliburg Railroad Company with respect to the 
existing draw in said bridge, shall be held to apply to said 
newly constructed draw or draws. 

Section 4, Land acquired, taken or purchased by said Land to be 
corporation under this act shall not be exempt from taxa- atiou/*^ ^'^^* 
tion. 

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

Approved June 4, 1869. 
An Act to authouizk samukl t. gushing, junior, to maintain QJlOt). 353 

A floating BOAT-IIOUSE on CHARLES RIVER. ^ ' 

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

Section 1. Samuel T. Gushing, iunior, of Boston, is Jiav maintain 
hereby authorized and empowered to anchor and maintain hoLe'ou" 
on Charles River, near the foot of Mount Vernon street, in ti^aries River. 
the city of Boston, a floating boat-house, seventy feet in 
length by forty feet in width, and to connect the same with 
the stone wharf or wall at the foot of said street by a suit- 
able drop, not exceeding six feet in width and forty feet in 
lengtii : provided, that this license may be at any time revoked Proviso, 
and the location of said boat-house may bo changed by the 
harbor commissioners upon one month's notice. 

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

Approved June 4, 1869. 



An Act to change the time for holding the term of the 
superior court in the county of barnstable. 



Chap. 354 

Be it enacted, &i'c., as folloios : 

The term of the superior court, now required by law to superior court 
be held at Barnstable, on the first Tuesday of September, count" tlfbL** 
shall be held at Barnstable on the second Tuesday of October Jiew on second 

, 1 11 -i 11 . fuosday of Oc- 

m each year; and all writs, processes, appeals and recogniz- tober annually. 
ances made returnable to the term of said court on the first 
Tuesday of September next, shall be returned to and entered 
at the term of said court .to be held on the second Tuesday 
of October next. Approved June 8, 1869. 



Chap. 355 



An Act in addition to an act for supplying the town of 
pittsfield with pure water. 

Be it enacted, Sfc, as follows : 

Section 1. The town of Pittsfield is hereby authorized to pittsfieui may 
issue from time to time notes, scrip or certificates of debt, to a*cidftio?iai*^*^ 
be denominated on the face thereof Pittsfield Water Scrip, water scrip. 
to an amount not exceeding fifty thousand dollars, in addi- 
tion to the amount now authorized by section seven of 
chapter two hundred and ten of the acts of the year eighteen 
34 



658 1869.— Chapter 856. 

liundrecl and fifty-two, and by chapter two hundred -and one 

* of the acts of the year eighteen hundred and sixty-six, in 

the same manner, npon the same terms and conditions, and 

1^ for the same purposes as stated in said acts. 

May afsess^^^ SECTION 2. The towu of Pittsficld IS hereby authorized to 

field fire district asscss and collcct upou the polls and estates, real and per- 

andintereTt?''^ sonal, in the Pittsfield fire district, all taxes necessary to pay 

the principal and interest of the scrip that shall be issued 

under the provisions of the preceding section. 

Acuobesub- SECTION 3. There shall be a legal meeting of the voters 

of district aud of Said firc district called within one year after the passage 

town. qI" j.|j|g ^^^^ ^^^ ^i^g purpose of having the said voters give in 

their written ballots on the question whether they will accept 

this act ; and if two-thirds of said ballots shall be in the 

affirmative, then the selectmen of the town of Pittsfield shall 

warn a meeting of the voters of said town within three months 

after, for the purpose of having said voters give in their 

written ballots upon the question whether they will accept 

the same ; and if two-thirds of said ballots given upon the 

question aforesaid be in the affirmative, then this act shall 

be binding ; otherwise, null and void. 

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

Approved June 8, 1869. 

Chcip. 356 -^^ ^^"^ COXCERNING THE WORCESTER STREET RAILWAY COMPANY. 

Be it enacted, ^'c, as folloivs : 

s./.c. to deter- Section 1. Tlic Supreme iudicial court, or any iustice 

mine in equity , „ . .i r- n • • ^ i • 

whether com- tliereoi, may, on petition or any five citizens ot tlie city of 
?o provide rea- Worcestcr, and on due notice to the Worcester Street Rail- 
porfat'fon7"/' "^^7 Company, hear and determine according to the course 
passengers. of proceedings in equity, whether said company has, for 
thirty days after the passage of this act, failed to provide 
reasonable accommodation for the transport of passengers 
over its track, according to the purpose for which said com- 
pany was chartered, 
—may appoint SECTION 2. If it shall appear that said company has for 
franchise. " Said period failed to provide such accommodation, the court 
shall appoint a receiver, who shall take possession of all the 
property of said company, and sell tlie same and its franchise 
in sucli mode as the court shall direct, and return the pro- 
ceeds of such sale into court. 
Sale, how to be SECTION -3. Said salc may be made in either of the modes 

IlfflQC rt • -1-1 

set forth in sections one hundred and seventeen and one 
hundred and eighteen of chapter one hundred and eighteen 
of the General Statutes, and the purchasers at the same shall 



1869.— Chapters 357, 358. 659 

proceed in the manner, be entitled to all the privileges, and 
subject to all the obligations in said sections set forth. 

Section 4. The proceeds of said sale, after paying all ^,'',g'"'',fo^ ^fg. 
expenses of sale and costs of court, shall be distributed to posed of. 
such persons as the court shall determine to be in equity 
entitled thereto. The court shall make such orders as it 
shall deem necessary to enable all persons claiming an 
interest in said fund to be heard in relation thereto, and to 
perfect said sale and carry into effect the purposes of this 
act, and may require said corporation and its officers to join 
iu said sale. 

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

Approved June 8, 1869. 

An Act concerning trustees' bonds. Chap, 357 

Be it enacted, ^'c, as follows : 

Section 1. In all cases not otherwise provided for by Trustees ap- 
law, trustees appointed by the probate court, shall be required prob!,*te court 
to give bond to the judge of said court, in the manner pro- to give bonds, 
vided for trustees under a will or written instrument ; and 
in any case not otherwise provided for by law, where a 
trustee has been appointed by said court without having 
given a bond, said court, upon petition of any person inter- 
ested therein, may order such trustee to give bond, as afore- 
said, within a time fixed in the order ; and if said trustee —may be re- 
fails to comply with such order within the time so fixed, he are'uotgiven!^ 
shall be removed by said court, and a new trustee appointed 
in his stead. 

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

Approved June 8, 1869. 
An Act concerning the oath of executors, administrators Qfiar). 358 

AND GUARDIANS ASKING LEAVE TO SELL REAL ESTATE. -* * 

Be it enacted, ^'c, as follows: 

Section 1. Section fourteen of chapter one hundred and ^T",'lTP^J** 
two 01 the General Statutes is liereby amended by striking 
therefrom all after the word "administrator" in the first 
line and inserting the following words : petitioning for license 
to sell real estate, shall annex to his petition an oath in sub- 
stance as follows : that in disposing of tlie estate mentioned 
in the petition, under any license granted thereon, he will 
use his best judgment in fixing on a time and place of sale, 
and will exert his utmost endeavors to dispose of the same 
in such manner as will be most for the advantage of all per- 
sons interested therein. * 

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

Approved June 8, 1869. 



660 



1869.— Chapters 359, 360. 



Chap. 359 



An Act in relation to the salaries of justices and clerks 
OF municipal and police courts. 

Be it enacted, §'c., as follows : 

Section 1. The justices and clerks of municipal courts in 
the following districts shall receive from the treasury of the 
Commonwealth annual salaries, as follows : 

Southern district of Boston, the justice eighteen hundred 
dollars ; the clerk one thousand dollars. 

Taunton, the justice twelve hundred dollars ; the clerk 
eiglit hundred dollars. 

Section 2. The justices and clerks of police courts in the 
following districts shall receive from the treasury of the Com- 
monwealth annual salaries, as follows : 

Cambridge, the justice eighteen hundred dollars; the clerk 
one thousand dollars. 

Charlestown, the justice twelve hundred dollars ; the clerk 
eight hundred dollars. 

Chelsea, the justice sixteen hundred dollars. 

Chicopee, the justice sixteen hundred dollars. 

Fall River, the justice twelve hundred dollars ; the clerk 
eight huridred dollars. 

Gloucester, the justice sixteen hundred dollars. 

Lawrence, the justice eighteen hundred dollars ; the clerk' 
one thousand dollars. 

Lynn, the justice twelve hundred dollars ; the clerk eight 
hundred dollars. 

Milford, the justice sixteen hundred dollars. 

Newburyport, the justice one thousand dollars; the clerk 
six hundred dollars. 

Pittsfield, the justice sixteen hundred dollars. 

Salem, the justice eighteen hundred dollars ; the clerk one 
thousand dollars. 

Section 3. The treasurer and receiver-general is directed 
to paj said salaries from the first day of January, ^in the 
year eighteen hundred and sixty-nine. 

Approved June 8, 18G9. 

Chap. 360 An Act to amend the charter of the city of new Bedford. 

Be it enacted, §'c., as follows : 

Section 1. The president of the common council of the 
city of New Bedford shall be ex oj/icio a member of the 
school committee of said city. 

Section 2. All acts and parts of acts inconsistent with the 
provisions of this act are hereby repealed. 

Section 3. This •act shall take effect from and after its 
acceptance by the city council of said city. 

Approved June 8, 1869. 



Municipal 

courts : 
Salaries. 



Boston, south- 
ern district. 



Taunton. 



Police courts : 
Salaries. 



Cambridge. 
Charlestown. 

Chelsea. 
Chicopee. 
Fall River. 

Gloucester. 
Lawrence. 

Lynn. 

Milford. 
Newburyport. 

Pittsfield. 
Salem. 



To be paid from 
Jan. 1, 1869. 



School commit 
tee. 



Eepeal. 



TVlien to take 
eflect. 



1869.— Chapter 361. 661 

An Act to authorize the city of Worcester and the towns Chap. 361 

OF HOLDEN, PRINCETON, RUTLAND, BARRE, HUBBARDSTON AND 
GARDNER TO TAKE STOCK IN THE BOSTON, BARRE AND GARDNER 
RAILROAD CORPORATION. 

Be it enacted, ^'c, as follows : 

Section 1. Tlie city of Worcester is hereby authorized Worcester may 

»/ •/ iukg stock ill 

to subscribe to tlie capital stock of the Boston, Barre and Boston, Barre 

Gardner Raih'oad Corporation an amount not exceeding one Kaiiroati."^'^ 

per centum of the valuation of said city according to the 

valuation of the city assessors for the year eighteen hundred 

and sixty-eight, and to pay for the same out of the treasury 

of the city, and to hold the same as city property. And the HoWen, Prince- 

towns of Holden, Princeton, Rutland, Barre, Hubbardston Bane, Hub-' 

and Gardner are hereby authorized to subscribe to the said tianiiie"may 

capital stock an amount not exceeding in all five per centum {.a|\j£^i|^*^'^ ^" 

of the valuation of said towns according to the valuation of 

the assessors of each of the said towns for the year eighteen 

hundred and sixty-eight, and to pay for the same out of the 

treasury of the town that shall so subscribe, and to hold the 

same as town property ; and said stock, when so subscribed 

and paid for, shall be subject to the disposal of the said city 

and each of said towns that shall become subscribers to said 

stock under this act, for public purposes, in the same manner 

as any other property it may possess : provided, tliat if the rroviso. 

city and towns aforesaid shall become subscribers to the 

stock of any other railroad company luider authority that 

has been heretofore conferred upon them, or may hereafter 

be conferred upon them, by any act of the legislature, the 

whole amount of their subscription to all railroad companies 

shall not exceed five per centum of the aforesaid valuation. 

The total amount to be subscribed to the capital stock of said 

railroad corporation shall be determined at a city or town 

meeting of the city of Worcester and towns of Holden, 

Princeton, Rutland, Barre, Hubbardston and Gardner, legally 

warnefl and called. 

Sectioj^ 2. The said city of Worcester, and towns of ^ay raise 

TT T 1 -nt • T-» 1 1 T-. TT 1 1 T 1 /"^ 1 Money by loan 

Holden, Princeton, Rutland, Barre, Hubbardston and Gard- or tax to pay 
ner, are hereby authorized to raise by the issuing of bonds ^"^ *°"^ '""*' 
or by loan or tax, any sums of money which shall be required 
to pay instalments or subscriptions to said stock and interest 
authorized by this act. 

Section 3. The said city of Worcester, and towns of uiaylJ'iappoint. 
Holden, Princeton, Rutland, Barre, Hubbardston and Gard- ed ti) subscribe 
ner, may appoint a committee who shall subscribe in behalf represent dty 
of the city or town for such number of shares in the capital meeting'of'^^ 
stock of said corporation as shall be voted by said city or stockholders. 



Powers and du- 
ties. 



662 1869.— Chapters 362, 363. 

towns. And said committee are hereby authorized to cast the 
Yote of said city and towns in the choice of directors of said 
railroad at the first meeting of the stockholders thereof, after 
the said city or town shall have subscribed, called for that pur- 
pose ; and thereafter the vote of said city or towns in the 
choice of directors of said railroad shall be cast by the person 
or persons whom said city or towns may appoint. 

Approved June 8, 1869. 

Chap. 362 ^^ -^ct to ixcorporate the odd fellows' hall association 

OF newburyport. 

Be it enacted, ^'c, as follows : 

Corporators. SECTION 1. William Forbes, Nicholas Yarina, Thomas 

Mackinny, their associates and successors, are hereby made 

Name and pur- a Corporation by the name of the Odd Fellows' Hall Associa- 

^*"'^" tion, in the city of Newburyport, for the purpose of erecting 

and maintaining a building in the city of Newburyport for 
the accommodation and purposes of an Odd Fellows' hall, 
lectures and other lawful purposes ; with all the powers and 
privileges, and subject to all the duties, restrictions and 
lial)ilities set forth in all the general laws which now are, or 
hereafter may be in force, so far as applicable to such corpo- 
rations. 

capi^ta^stock SECTION 2. Said Corporation shall have a capital stock not 
exceeding thirty thousand dollars, divided into shares of one 
hundred dollars each, and may hold for the purpose afore- 
said real and personal estate not exceeding the amount,of the 
capital stock. Said corporation shall incur no liability until 
five thousand dollars of its capital stock has been actually 
paid in in cash. Approved June 8, 1869. 

Chap. 363 ^^ Act to authorize the town of wrentham to take stock 
IN the wrentham branch railroad company. 

Be it enacted, ^c, as follows : 

May take stock SECTION 1. The town of Wrentham is hereby authorized, 

in AVrclltliam , . ,ii, • -, ^ ^^ ^ n ^ 

Branch KaU- whcu SO votuig at a legal town meetnig duly called lor the 

purpose, to subscribe for and hold shares in the capital stock 

of the Wrentham Branch Railroad Company, to an amount 

not exceeding five per centum of the assessed valuation of 

May raise ^^ the said towu ; and said town may pay for such shares, so 

or tax to pay votcd to be taken, out of its treasury, and is hereby author- 

lor stock. j^ed 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. 



road. 



1869.— Chapter 364. 663 

Section 2, The said town of Wrentham may appoint a committee to 
committee who sliall subscribe in behalf of tlie town for stVeu'iuuiiepre- 
such number of shares in the capital stock of said company ii\'."t laeethfo- of 
as shall be voted by said town. And said committee are stockholders^ 
hereby authorized to cast the vote of said town in the choice 
of directors of said road, at the first meeting of the stock- 
holders 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. 

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

Approved June 8, 1869. 

An Act for the suppression of co^imon gaming-houses. Chap. 364 

Be it enacted, ^'c, as folloivs : 

Section 1. The provisions of the eighth section of the Persons in 
eighty-fifth chapter of the General Statutes shall apply to all Xs\^^}nt^n^r 
persons who are found present at any game or sport played m'on'e '"^^ nlwe 
for money or other thing of value at a common gaming- to arrest, &c. 
house, and such persons may be arrested and punished in 
like manner as persons there found playing. 

Section 2. The second section of the one hundred and ^"If "f^T* *° 
seventieth chapter of the General Statutes is hereby so far i-rovisious ex- 
amended that all provisions relating to the search for and 
seizure of gaming apparatus or implements used, or kept 
and provided to be used, in unlawful gaming, in any gaming- 
house, or in any building, apartment or place resorted to for 
the purpose of unlawful gaming, shall also apply to the 
search for and seizure of all the furniture, fixtures and 
personal property found in such gaming-house, building, 
apartment or place at the time when any persons are there 
found playing at any unlawful game. 

Section 3. After the seizure of any furniture, fixtures or Furniture, &c., 
personal property, as provided in the jjreceding section, appli- sokuinder a ^ 
cation shall be made to a court of competent jurisdiction for coul•t^{'lu/pro- 
a decree of condemnation of the same, and if, upon the hear- ceeds puid over 

' ' ' to tlio rise of 

ing of said application, it sliall be found and adjudged that tiie county. 
the same, or any part thereof, was used as the furniture, 
fixtures or personal property of such gaming-house, building, 
apartment or place, and was found therein at a time when 
any persons were there found playing at any unlawful game, 
the same shall be adjudged forfeit, and the constable of the 
Commonwealth, or sheriff or their deputies, shall sell the 
same in such manner as the court shall order, and, after 
deducting all costs and expenses allowed by the court, shall 
pay the balance of the proceeds of such sale to the use of the 
county. Approved June 9, 1869. 



664. 



1869.— Chapters 365, 366, 367. 



Chap. 365 



Repeal. 



Chap.^66 



Beasts taken up 
by field-driver 
may be im- 
pounded on his 
own premises. 



Provisions to 
apply wlien 
adopted by ■ 
town. 



Chap. 367 



Assessment for 
betterment of 
real estate by 
altering street, 
&c., to be laid 
within two 
years. 



Interest upon 
assessments, 
how to be ap- 
portioned. 



Buildinps may 
be removed by 
municipal au- 
thorities at ex- 
pense of owner. 



An Act to rkpeal section eight of the fourteenth chapter 
OF the general statutes, concerning the issue of pass- 
ports. 

Be it enacted, tVc, as follows : 

Section eight of chapter fourteen of the General Statutes, 
concerning the issue of passports, is hereby repealed. 

Approved June 9, 1869. 

An Act concerning the impounding of cattle. 

Be it enacted, c^c, as follows : 

Section 1. When beasts are taken up and distrained by 
,a field-driver, in pursuance of the provisions of chapter 
twenty-five of the General Statutes, he may impound them 
in any suitable place ofl his own premises ; and for the pur- 
poses of said chapter he shall be considered a pound-keeper, 
and such place on liis own premises sliall be considered a 
town pound, in relation to beasts therein impounded. 

Section 2. This act shall apply only to such towns as 
shall adopt the same by a vote of the majority of the legal 
Toters present and voting at a town meeting duly held for 
the purpose. Apjjroved June 9, 1869. 

An Act concerning streets and highways. 

Be it enacted, ^'c, as follows : 

Section 1. "Whenever any real estate shall receive any 
benefit or advantage by the laying out, widening, extending, 
discontinuing, grading or altering of any street or highway, 
and be liable to assessment on account of the benefit or 
advantage so received, such assessment shall be laid within 
two years after the passage of the order for the laying out, 
widening, extending, discontinuing, grading or altering, and 
not afterwards. 

Section 2. Whenever any assessment upon real estate 
for benefit or advantage received by any of the causes men- 
tioned in the preceding section, shall be apportioned into 
three equal parts, and one of said parts added to the annual 
tax of said estate, each year for three consecutive years, 
interest shall be added to each of said parts, from the time 
of making the apportionment, to the time such part will 
become payable ; and all assessments laid upon real estate, 
for any of the causes mentioned in this act, which shall 
remain unpaid after the same becomes due or payaljle, shall 
draw interest from the time when the same became due or 
payalile until the time of the payment thereof. 

Section 3. When any land taken for the laying out, 
widening or extending of any street or highway, is covered 
in whole or in part by a building or buildings, and such 



1869.— Chapter 368. 665 

building or buildings may be removed upon other adjoining 
land of the same owner, the mayor and aldermen of any 
city, and the selectmen of any town, may, if they deem it 
expedient, make such removal, if the owner of said building 
or buildings shall neglect to remove the same, after reason- 
able notice so to do ; and the expenses of said removal, 
incurred by the mayor and aldermen, or selectmen, or the 
value thereof to the said owner, shall be allowed in reduc- 
tion of the damages, which the said owner is entitled to 
recover. 

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

Approved June 9, 1869. 



Chap. 368 



An Act concerning the apportionment of rent. 

Be it enacted, §'c., ah follows : 

Section 1. When any lands are held by lease of a person Kent, how pay- 
having an estate therein determinable on a life, or on any are^Ikf by*°^^ 
contingency, and such estate shall determine on or before ^''^"."^ of person 

iiii'i • T -I iiji having an es- 

tlie day on which any rent is reserved, or made payable, the ute therein 

1 !• ± -i • • J. J. • -c 1 determinable 

lessor, his executors, administrators or assigns, may, it such onacontin- 
estate determine on the day on which rent is made payable, s''"''^ 
recover the whole rent in an action of contract ; or if such 
estate determine before such day, then a proportional part of 
such rent, according to the time such estate continued of the 
last period in which the said rent was growing due. 

Section 2. Whenever any written lease or estate at will -when written 
is determined by surrender, either express or by operation of at wiii is deter- 
law, or by legal notice to quit for non-payment of rent, and render, &c" 
such surrender or notice takes effect on or before the day on 
which rent is payable, the same shall be apportioned and 
recovered in like manner as provided in the preceding sec- 
tion. 

Section 3. Whenever an estate at will is determined by —when estate 
the death of any party, on or before the day on which rent mined by death 
is payable, such rent shall be apportioned and recovered by rLus* payable. 
the lessor, his executors or administrators, of and from the 
lessee, his executors or administrators, in like manner as 
provided in the first section of this act. '' 

Section 4. Upon the determination of a tenancy in any if rent has been 
manner mentioned in this act, before the end of a period for telmof iIas°Jf 
which rent is payable, if the rent for such period shall have anc'y'isVeter- 
been paid before such determination, a proportional part inined before 
thereof, according to the time of such period remaining after a proportional 
such determination, may be recovered back in an action of recovered^back. 
contract. Approved June 9, 1869. 

85 



666 



1869.— Chapters 369, 370, 371. 



Chap. 369 



stables not to 
be built in Bos- 
ton without 
consent in writ- 
ing of board of 
aldermen. 



Proviso. 



S. J. C. may- 
prevent build- 
ing by injunc- 
tion 



When to take 
effect. 



Chap. 370 



Trustees may 
sell certain 
buildings at 
auction. 



An Act concerning the erection of stables in the city of 

BOSTON. 

Be it enacted, ^c, as follows : 

Section 1. No person shall hereafter erect, occupy or 
use any building for a stable in the city of Boston, except in 
such place as the board of aldermen of said city shall first in 
writing approve and direct, and every person so erecting, 
using or occupying a building without such approval, shall 
forfeit a sum not exceeding fifty dollars, for every month he 
so uses or occupies such building, and in like proportion for 
a longer or shorter time ; this act shall not apply to any 
stable now erected, occupied or used, so long as the same is 
not enlarged or rebuilt. 

Section 2. The supreme judicial court or any justice 
thereof, either in term time or vacation, may issue an injunc- 
tion to prevent the erection, occupancy or use of any stable 
contrary to the provisions of this act. 

Section 3. This act shall take effect in three months after 
its passage. Approved June 9, 1869. 

An Act to authorize the trustees op the westborough 
reform school to dispose of certain buildings. 

Be it enacted, ^'c, as follows : 

Section 1. The trustees of the Reform School at West- 
borough, are hereby authorized and empowered to sell at 
public auction, to the highest bidder, the Old Farm House 
now standing on tlie premises, together with the outbuildings 
connected therewith, not necessary to the carrying on of 
farming operations ; to be removed from the premises afore- 
said, within such reasonable time as said trustees may direct. 

Section 2. The proceeds arising from said sale shall be 
applied by the treasurer of said institution toward defraying 
the ordinary expenses thereof. 

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

Approved June 9, 1869. 
Chap. 371 ^^ ■^^'^ '^^ authorize the town of Gloucester to pay a sum 

OF MONEY TO SHERBURNE F. MOREY, ON ACCOUNT OF INJURIES 
* RECEIVED WHILE IN THE DISCHARGE OF HIS DUTY AS A POLICE 

OFFICER. 

Be it enacted, tVc, as follows : 

Section 1. The town of Gloucester is hereby authorized 
to pay to Sherburne F. Morey, the sum of five hundred dol- 
lars, in accordance with the vote of the inhabitants of said 
town, at a town meeting held on the eighteenth day of May in 
the year eighteen hundred and sixty-nine ; the same being in 
consideration of injuries received by said Sherburne F. Morey 



Proceeds to be 
applied to ordi- 
nary expenses. 



Gloucester may 
pay Sherburne 
F. Morey, a 
police officer, 
for injuries 
received. 



1^69.— Chapters 372, 373, 374. 667 

while in the discharge of his duties as a police officer in said 
town. 

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

Approved June 9, 1869. 

An Act in addition to an act concerning juvenile offenders Chap. 37<2 
IN the city of loavell. -^ 

Be it enacted, tVc, as follows : 

Whoever being lawfully committed to the house of Employ- persons escap- 
ment and Reformation, under the provisions of chapter two ofVfonnation 
hundred and forty-seven of the acts of eighteen hundred and i"recommTt^^ 
forty-five, escapes therefrom, shall, upon conviction thereof ted. 
before the court which originally committed, or before the 
police court of Lowell, be sentenced to be committed to said 
house of Employment and Reformation for a term not exceed- 
ing in length the term of the original sentence : provided, Proviso. 
however, that this act shall not authorize the commitment of 
any person to said house, to extend beyond the period of his 
minority. Approved June 9, 1869. 

An Act to authorize the district-attorney for Suffolk Qh(ip. 373 
county to appoint a clerk. ^ 

Be it enacted, Sf^c, as folloios : 

Section 1. Tiie district-attorney for the Suffolk district District-attor- 

•' , 1 11 ney for feiufiolk 

may appoint a clerk, removable at pleasure, wiio shall per- may appoint 
form such clerical and other duties pertaining to the office, ''*''■ 
as may be required of him by the district-attorney ; and such salary. 
clerk shall be paid out of the treasury an annual salary of 
one thousand dollars. 

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

Approved June 9, 1869. 

An Act to confirm a vote of the town of avest roxbury. Chap. 374 

Be it enacted, ^c, as follows : 

Section 1. The vote of the town of West Roxbury, passed ^"^^^"^^^ ^q^^* 
on the twenty-ninth day of March, eighteen hundred and firmed, 
sixty-nine, appropriating two thousand dollars for the benefit 
of company A, first regiment Massachusetts volunteer militia, 
is hereby confirmed and made valid to the same extent as if 
such appropriation had been authorized by law. 

Section 2. Such sums as would become due from the Certain sums to 
Commonwealth on account of any uniforms heretofore pro- sl-vte'trea^u^y. 
cured or ordered by said company, had the same been pro- 
cured at the expense of said company, shall be allowed and 
paid to said town from the treasury of the Commonwealth, 
upon the oath of the commanding officer of said company, 
made to the satisfaction of the adjutant-general that such 



668 1869.— Chapter 375. 

Proviso. uniforms have been procured : provided^ that said company 

shall first consent that the same disposition shall be made of 
such uniforms as is provided by law in the case of uniforms 
on account of which payments are made by the Common- 
wealth. 

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

Approved June 9, 1869. 



Chap. 375 

May flow lands 
of other parties. 



An Act concerning the wading river reservoir company. 

Be it enacted, ^'c, as follows : 

iray flow lands SECTION 1. The Wading River Reservoir Company, incor- 
porated by an act approved April twentieth, eighteen hun- 
dred and sixty-six, is hereby authorized to flow the lands of 
Compensation othcr pcrsous by tlicir reservoir dam ; and any person whose 
for injuries. ^^^^^ ^^ property has been or shall be flowed or injured by 
such dam, except where compensation has been otherwise 
made, may obtain compensation therefor in the manner pro- 
vided in chapter one hundred and forty-nine of the General 
Statutes, and in the several acts in addition thereto and 
amendment thereof. 
Maybe required SECTION 2. The court in wliicli any complaiut for com- 
for^costsf &c" "^ pensation is pending against said corporation, shall, if 
i^peudi^^^'^'"* requested by the complainant, require said corporation to 
give security satisfactory to the court for the payment of all 
damages and costs which may be awarded upon such com- 
plaint; and if, upon the petition of the complainant, with 
notice to the corporation, the security appears to have become 
insufficient, the court shall require said corporation to give 
Failing to give further sccurity ; and if the corporation shall neglect for one 
aif right's under mouth, or sucli further time as may be allowed by the court, 
this act. |.Q comply with any order of the court requiring such security, 

said corporation shall lose all rights under this act ; and the 
court or justice may, by injunction or other proper process, 
prohibit and restrain the corporation from flowing or injuring 
such land or property unless such security shall be given. 
stx.ckhoiders SECTION 3. If the judgment on the complaint provided 

inoiy^iilibie^'^'^' for iu thc sccoud soctiou of this act shall not bo paid within 
three mouths from the rendition thereof, the stockholders of 
said corporation shall be, jointly and severally, liable to an 
action of contract thereon ; and said stockholders shall also 
be jointly and severally liable in an action of tort for all 
damages which may result or have resulted in any manner, 
except by fiowage, from the erection of said dam, to the same 
extent that individuals would be in like cases. 

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

Approved June 9, 1869. 



1869.— Chapters 376, 377, 378. 669 

An Act to incorporate the albert field tack company. Chap. 376 
Be it enacted, Sft., as follows : 

Section 1. George A. Field, James B. Field, Charles*!!. Corporators. 
Field, their associates and successors, are hereby made a 
corporation by the name of the Albert Field Tack Company, Name and pur- 
for the purpose of manufacturing tacks, brads and nails in 
the city of Taunton ; with all the powers and privileges, and Powers and du- 
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. 

Sections. Said corporation may hold, for the purposes Real estate, 
aforesaid, real estate necessary and convenient for its busi- 
ness, to an amount not exceeding two hundred and fifty 
thousand dollars ; and the whole capital stock shall not ^n§",faresf^ 
exceed five hundred thousand dollars : provided, however, rroviso. 
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 June 9, 1869. 
An Act to legalize a certain marriage, and for other Chap. ^11 

PURPOSES. 

Be it enacted, Sfc, as foUotos : , 

Section 1. Benjamin White of Weymouth, and Mary F. Benjamin and 
White, who is now, and has heretofore been reputed his wife, declared to be 
are hereby declared to be husband and wife to all legal l^ij^baud initi 
intents and purposes. And William I!. White, the son of Their son legit- 
said Benjamin and Mary F., is hereby declared to be the ^^^^^' 
legitimate son of his said parents to all legal intents and 
purposes. 

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

Approved June 9, 1869. 

An Act relating to drainage in the towns of malden and ChaD.QlS 

MELROSE. "' 

Be it enacted, §'c., as follows: 

Section 1. The county commissioners of the county of commissioners 
Middlesex are hereby authorized and directed to take and may control 
lay out such land, water-courses and water rights, dams and Tifcrspot PomL 
other real estate, or interests, or easements, or rights therein, ^raiuY^e"^^^ °^ 
on or adjoining the streams or brooks running from Ell Pond 
in Melrose and Spot Pond in Stoneham, to the tide-water in 
Maiden, as they shall deem necessary for the purposes of 
* proper drainage and the public health ; and they are also 
authorized, for the same purposes, to control the damming 



670 



1869.— Chapter 378. 



— may widen 
channels and 
remove ob- 
structions. 



Damages, how 
determined. 



Real estate 
owners to pay 
for better- 
ments. 



Assessment to 
be lien upon 
estate for two 
years. 



Assessments 
on Boston and 
Maine Railroad 
and towns of 
Maiden and 
Melrose. 



Parties assess- 
ed to be noti- 
fied. 



If assessments 
are not paid 
within 'JO days, 
warrants of dis- 
tress may be 
issued. 



up and letting off the waters of said ponds. And they may 
change, widen, straighten and deepen the channels of said 
brooks or streams, and remove all dams and other obstruc- 
tions therefrom, and use and appropriate said brooks or 
streams, in such manner as they shall deem necessary for the 
purposes aforesaid. And if any person shall sustain damages 
to his property by reason thereof, and shall fail to agree upon 
the amount of the same, and to effect a settlement therefor 
with said commissioners, which they are hereby authorized 
to make, the same shall be determined, assessed and collected 
in the same manner as now provided by law for the deter- 
mination, assessment and collection of damages in the laying 
out of highways. 

Section 2. Every person holding real estate upon or near 
said brooks, which may be benefited by the acts of the com- 
missioners herein before authorized, shall pay to the treas- 
urer of the town in which said real estate shall be situated, 
such sum as said commissioners shall assess upon him as his 
proportionate share of the expenditure for the purposes 
aforesaid. And the sum so assessed upon him shall consti- 
tute a lien upon said real estate for two years from and after 
the time of such assessment. And if the amount so assessed 
shall not be paid within ninety days after notice thereof, the 
same may be levied by a sale of said real estate, to be con- 
ducted in the same manner as a sale of real estate for the 
non-payment of taxes. 

Section 3. Said commissioners shall determine and award 
what proportion of the whole expenses, incurred for the 
purposes aforesaid, shall be assessed upon the Boston and 
Maine Railroad Corporation, and what proportion upon the 
towns of Maiden and Melrose respectively. And said towns 
are hereby authorized and directed to raise the amount so 
assessed in the same manner as money is now raised by law 
for highways. But said towns may borrow the amounts so 
assessed upon them, or any part thereof, on such terms and 
for such periods of time, as shall be determined by a majority 
of those voting at any town meeting legally held for that 
purpose. 

Section 4. The said commissioners shall, immediately 
after they have determined the amount of expenses, as 
herein before provided, notify said towns and said railroad 
corporation of the amounts assessed upon them respectively. 
And if said towns and railroad corporation, respectively, shall 
not make payment as ordered by said commissioners within 
ninety days after service of said order, or notice, the said 
commissioners shall issue their warrant of distress against 



1869.— Chapter 379. 671 

said corporations for the amount assessed thereon, together 
with interest upon the same from the time it was payable, 
and reasonable costs. And the same shall be enforced and 
collected in the same manner as orders by county commis- 
sioners are now by law enforced. • 

Section 5. Any person or corporation aggrieved by the Parties aggriev- 
doings of the commissioners, as herein l^efore authorized, for^^'lury^^' ^ 
may, at any time within three months from the time of 
receiving notice of any assessment, apply for a jury to 
award the amount that shall be paid, in the manner pro- 
vided in the sixth section of the forty-eighth chapter of the 
General Statutes ; and the proceedings upon his said appli- 
cation shall be such as are therein provided. 

Section 6. The powers conferred upon said commissioners subject to ac- 
shall not be exercised unless the town of Maiden or the town oi'to^wns' o/" 
of Melrose shall, by a majority of those voting at a town ^ejrosef"'^ 
meeting legally held for that purpose within one year from 
the passage of this act, approve the same. And if either of 
said towns shall fail to approve this act in manner aforesaid, 
then no greater sum shall be assessed upon such town for 
the expenses aforesaid than the amount assessed under the 
provisions of this act upon the real estate lying in such town, 
as being specially benefited by such improvements. 

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

Approved June 11, 1869. 
An Act to incorporate the holyoke and westfield railroad QJiap. 379 

COMPANY. 

Be it enacted, Sfc, as folloios : 

Section 1. J. C. Parsons and Edwin Chase of Holyoke, corporators. 
and Cutler Laflin of "Westfield, their associates and successors, 
are hereby made a corporation by the name of the Holyoke Name, 
and Westfield Eailroad Company ; with all the powers and Powers and du- 
privileges, and subject to all the duties, restrictions and 
liabilities which now are or may hereafter be in force relating 
to railroad corporations. 

Section 2. Said company may locate, construct, maintain May maintain 

T , ., -'^•'t , •i.'j. railway from 

and operate a railroad commencing at any convenient point Hoiyoke to 
on Front Street, in the town of Holyoke, thence passing Kortimmp"on'^*^ 
through said town and through the towns of West Spring- k.jR- i^ West- 
field and Westfield, by way of "Bush's Notch," to some 
convenient point on the New Haven and Northampton Rail- 
road in the town of Westfield. Said company is also author- 
ized and empowered to locate, construct, maintain and use 
one or more branch railroads, commencing at convenient 
points on their main line and in the town of Holyoke, and 



672 



1869.— Chapter 379. 



May unite with 
Connecticut 
Itiver and Xew 
Haven and 
Korthampton 
Kailroads. 



May lease rail- 
road. 



Capital stock 
and shares. 



Eeal estate. 



Holyoke may 
take stock in 
road. 



— to be repre- 
sented by 
agents at stock- 
holders' meet- 



Manufacturing 
corporations in 
Holyoke may 
take stock in 
road. 



To be located 
within three 
years and built 
in five years. 



extending to manufacturing and mechanical establishments 
not more than one mile distant from the main line of said 
road. 

Section 3. Said corporation may enter upon and unite 
its road with the roads of the Connecticut River Railroad 
Company and the New Haven and Northampton Company, 
or either of therp, and use said railroads, subject to the 
provisions of the general laws relating to railroad corpora- 
tions. 

Section 4. Said corporation may lease its road to any 
other railroad corporation with whose track it may connect, 
upon such terms and conditions as the directors of the con- 
tracting corporations may determine, subject to the approval 
of a majority of the stockholders of such respective corpo- 
rations present and voting at legal meetings called for the 
purpose. 

Section 5. The capital stock of said corporation shall be 
fixed by the directors thereof at an amount of not less than 
two hundred thousand dollars, and not more than three 
hundred and fifty thousand dollars, and shall be divided 
into shares of one hundred dollars each. Said corporation 
may hold such real estate and personal property as may be 
necessary or convenient for the purposes for which it is 
incorporated. 

Section 6. The town of Holyoke may by a vote at any 
town meeting called for the purpose, subscribe for and hold 
shares in the capital stock of said railroad company, to an 
amount not exceeding three per centum of the assessed 
valuation of the town, and may pay for such sto^k from its 
treasury and by loan upon bonds, or otherwise provide all 
moneys required to pay for the same. 

Section 7. The town of Holyoke shall, at each annual 
town meeting and whenever a vacancy shall exist, choose an 
agent or agents who shall represent the town at any meeting 
of said Holyoke and Westfield Railroad Company, and may 
vote on the whole amount of stock held by the town, any- 
thing in chapter sixty-three of the General Statutes to the 
contrary notwithstanding. 

Section 8. Any manufacturing corporation having its 
office, place of business or factory in the town of Holyoke, 
may by vote of two-thirds of its stock represented at any 
meeting called for the purpose, subscribe for and hold stock 
in the Holyoke and Westfield Railroad Corporation. 

Section 9. This act shall be void unless the location of 
said railroad shall be made within three years, and the con- 



1869.— Chapter 380. 673 

struction thereof be completed within five years from the 
passage thereof. 

Section 10. This act shall take effect upon its passage. 

Approved June 12, 1869. 

An Act relating to the salem water works and to supply- (JllCip. 380 

ING THE inhabitants OP BEVERLY WITH WATER THERKFROM. ^ 

Be it enacted, §t., as follows : 

Section 1. In order readily to supply the inhabitants of ^'^^'IJIi^^^X''^ 
the town of Beverly with water, under the provisions of pure water, 
section fifteen of chapter two hundred and sixty-eight of the 
acts of the year eighteen hundred and sixty-four, the city of 
Salem is hereby granted any additional authority necessary 
to lay, construct and maintain within the limits of said town, 
pipes, aqueducts or other structures in connection with the 
water works of said city, and to distribute and supply water 
therefrom to the inhabitants throughout said town, or in any 
part thereof, upon the application of the selectmen of said 
town from time to time, in the same manner as it may 
throughout said city. And for this purpose said city may 
carry its pipes over or under any water-course, street, rail- 
road, highway or other way within said town, in such manner 
as not to obstruct the same ; and may enter upon and dig up 
such roads, streets or ways for the purpose of laying down, 
maintaining and repairing its pipes or other structures, and 
may do any other acts necessary and proper in executing 
the purposes of this act : pi-ovided, that if said city shall thus Proviso, 
lay pipes in said town, it shall have the same control over 
said pipes and may regulate the use of the water within said 
town, and establish the rates to be paid therefor, in the same 
manner as it exercises such authority within its own limits. 

Section 2. The town of Beverly is hereby authorized to saiem and Bev- 
make such agreement with the city of Salem, for supplying f,pon termlf 
the inhabitants of said town with water, as can be mutually of'wSer?^^^^ 
determined. And in case said town shall not before the k agreement 
twentieth day of June of the present year, agree with said ^everi^may 
city as to the laying of pipes for such supply, then said town tafuVtmct^ls," 
may erect and maintain within its own limits, such works &c. 
and structures in connection with the water works of the 
city of Salem, as may be requisite for the distribution and 
supply of water from said works to the inhabitants of said 
town. And for this purpose said town may from time to 
time lay, construct and maintain pipes or other structures 
in, over or under any .of the streets, roads or ways within its 
limits, and connect the same with any or all of the branches 
already inserted into the main supply-pipe of said Salem water 

36 



674 1869.— Chapter 380. 

works upon the line of Cabot and Rantoiil Streets in said 
town of Beverly, or at any other point that may be mutually 
Proviso. agreed upon : provided, that said connections shall be made 

under the immediate supervision of the engineer or superin- 
tendent of the Salem water works, and in accordance with 
his reasonable directions ; and said pipes shall at all times 
be subject to the reasonable supervision and control of said 
city, which shall also have the right to regulate the use of 
the water in said town by the inhabitants thereof ; but no 
more stringent regulation in regard to such use shall be 
imposed upon the inhabitants of said town at any time, than 
are imposed upon the inhabitants of said city. And for the 
purposes aforesaid, said town may carry its pipes over or 
under any water-course, street, railroad, highway or other 
way in such manner as not to obstruct the same ; and may 
enter upon and dig up such road, street or way, for the pur- 
pose of laying down, maintaining and repairing its pipes, and 
may do any other acts or things necessary and proper in 
executing the purposes of this act. 
Compensation SECTION 3. Said city and the inhabitants of said town may 
how determiu- ' make any agreement as to the equitable compensation to be 
^^' paid for the use of water as aforesaid ; which in case of differ- 

ence, shall be determined by three commissioners, to be 
appointed by the supreme judicial court, upon application 
of either party and notice to the other, whose award, when 
accepted by the court, shall be binding upon the parties for 
the term of five years, according to the provisions of section 
fifteen of chapter two hundred and sixty-eight of the acts of 
the year eighteen hundred and sixty-eight. 
Remedies if SECTION 4. In casc the Superintendent of the Salem water 

of^works*'foiiTto works sliall neglect or refuse to give reasonable directions in 
wou'of'pi'peT reference to the connection of the pipes laid by the town 
of Beverly, with the branches of the main supply-pipe of 
the Salem water works, or at any other point that may 
have been mutually agreed upon, the said town of Beverly 
may make application through its selectmen to the city of 
Salem, for such directions in reference to making said con- 
nections, as may' be desired, which application shall contain 
a specific description of what is proposed to be done ; and in 
case said city shall refuse to give such directions within three 
days, or in case no answer sliall 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 the city of Salem, shall hear the parties and determine 
whether the directions requested by said town of Beverly, in 
reference to the making of such connections, are reasonable ; 



1869.— Chapter 381. 675 

and in case he shall find that they are reasonable, the city of 
Salem shull be reqnired to make such connections in accord- 
ance witli such directions. Said engineer shall be allowed a compensation 
reasonable compensation per day and his expenses, to be paid ° *^"g'°'^<^''- 
by the town of Beverly, and in case he shall find that the Expenses, by 
directions applied for are reasonable, said compensation and ^'°°*p*^ • 
expenses may be recovered by the town of Beverly of the 
city of Salem. 

Section 5. Whenever the county commissioners of the Pipes may be 
county of Essex shall, under the provisions of chapter two SaJsKiver"^* 
hundred and sixty-eight of the acts of the y(^ar eighteen slonerriay"out 
hundred and fifty-six, lay out a highway and cause to be u'^^jji^^jf^i^e"^ 
built a bridge across Bass River in the town of Beverly, there. 
then for the purpose of supplying water to its inhabitants 
westerly of said river, the said town may in connection with 
said bridge erect suitable structures and works for carrying, 
preserving and maintaining water-pipes across said river and 
over or under the. water-course of the same. And in case if commission- 
said commissioners shall not during the present year, lay bridge ti°is''>'ear 
out said highway and bridge, then the selectmen of said Beverly may do 
town of Beverly, upon proceedings had as in the case of 
town ways, may lay out a , town way and bridge within the 
limits and upon the conditions specified in said chapter as to 
a highway and bridge, subject to the acceptance of said 
town ; and said town may then erect and maintain in con- 
nection with such bridge, similar works to those herein 
authorized, in case the same is laid out by the county com- 
missioners as aforesaid. 

Section 6. The town of Beverly is hereby authorized to Beverly may 
raise by loan or by taxation, any and all sums of money by loaTorTax- 
which may be necessary to enable said town fully to ^arry "^*^°'^' 
out the authority granted to it by this act. 

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

Approved June 12, 1869. 



Chap. 381 



An Act to authorize towns to raise money to encourage 

the planting of shade trees. 
Be it enacted, ^'c, as folloios : 

Any town may at a legal meeting grant and vote a sum Towns may 
not exceeding twenty-five cents for each of its ratable polls ff.cour^ge ^^ *° 
in the year next preceding that in which such appropriation planting shade 
is made, to be expended under the direction of the selectmen 
in premiums, or in any such manner as they may deem most 
efiectual to encourage the planting of shade trees by the 
owners of real estate, upon the public squares, or highways, 
adjoining such real estate. Approved June 12, 1869. 



676 



1869.— Chapters 382, 383. 



Chap. 382 



Games for 
money not to 
be played iu 
public convey- 
ances. 

Penalty. 



Parties offend- 
ing may be ar- 
rested without 
warrant. 



Chap. 383 



Reservoir com- 
panies may flow 
lands of other 
persons. 

Compensation 
for damages. 



Corporation to 

five security for 
amages, &c., 
while complaint 
is pending. 



An Act to prevent gaming in public conveyances. 

Be it enacted, ^'c, as follows : 

Whoever in any railroad car, steamboat or other public 
conveyance, plays at cards, dice or other game for money or 
other property, or bets on the sides or hands of such as are 
so playing, shall for each offence forfeit a sum not exceeding 
fifty dollars, or be imprisoned in the house of correction for 
a term not exceeding three months. If he is discovered in 
the act, he may be arrested by any sheriff, deputy-sheriff, 
constable, or other civil officer, and lawfully detained, by 
imprisonment in jail or otherwise, not exceeding twenty-four 
hours, until a complaint is made against him for the offence. 

Approved June 12, 1869. 

An Act concerning reservoir companies. 
Be it enacted, Sfc, as follows : , 

Section 1. Any reservoir company incorporated by any 
act of this Commonwealth, is hereby authorized to flow the 
lands of other persons by their reservoir dam ; and any 
person whose land or property has been or shall be flowed 
or injured by such dam, except where compensation has 
been otherwise made, may obtain- compensation therefor in 
the manner provided in chapter one hundred and forty-nine 
of the General Statutes, and in the several acts in addition 
thereto and amendment thereof. 

Section 2. The court in which any complaint for com- 
pensation is pending against any such corporation, shall if 
requested by the complainant, require said corporation to 
give security satisfactory to the court for the payment of all 
damages and costs which may be awarded upon such com- 
plaint ; and if, upon the petition of the complainant, with 
notice to the corporation, the security appears to have become 
insufficient, the court shall require said corporation to give 
further security ; and if the corporation shall neglect for 
one month, or such further time as may be allowed by the 
court, to comply with any order of the court requiring such 
security, said corporation shall lose all rights under this 
£Cct, and the court or justice may, by injunction or other 
proper process, prohibit and restrain the corporation from 
flowing or injuring such land or property until such security 
shall be given. 

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

Approved June 12, 1869. 



1869.— Chapter 384. 677 

An Act for encouraging the cultivation of useful fishes. Chap. 384 
Be it enacted, §'c., as follows : 

Section 1. All the laws of the Commonwealth relating inland Fish- 
to the culture, preservation, capture, or passage of fish, shall *'"''*' 
be known as the laws relating to Inland Fisheries. 

Section 2. The commissioners, under chapter two Imn- commissioners 
dred and thirty-eight of the acts of eighteen hundred and eHes"to'be ap- ' 
sixty-six, shall be styled the Commissioners on Inland P°^"|f^ ^^^ ^ov- 
Fisheries, and shall be a board consisting of three persons 
appointed by the governor, by and with the advice and 
consent of the council, each for a term of five years from 
the time of his appointment. Vacancies in the board by 
the expiration of the terms of service of the members, or 
otherwise, shall, from time to time, be filled in like manner 
and for like terms of time. 

Sections. Each of said commissioners may personally, -may enforce 
or by deputy, enforce all laws regulating inland fisheries ; latiug fisheries. 
and may seize and remove, summarily if need be, all obstruc- 
tions to the passage of migratory fish illegally used, except 
dams, mills or machinery, at the expense of the persons using 
or maintaining the same. 

Section 4. Whenever either of said commissioners finds — mayconstmct 
that there is no fishway or an insufficient fishway in or necessary Ash- 
around a dam where the law requires a fishway to be kept pwi^e'^of p^son 
and maintained, he may, at his discretion, enter with work- own*ing°prem!^ 
men and materials upon the premises of the person or cor- ises. 
poration required to maintain said fishway, and may improve 
said fishway, or cause one to be constructed where none 
exists, at the expense of said person or corporation, and may 
take, if necessary, the land of any other person or corpora- 
tion not obliged by law to maintain said fishway : provided, rrovisos. 
compensation shall be rendered to the owner thereof, in the 
manner provided in relation to land taken for highways, and 
said expense shall be a charge against said person or corpo- 
ration required by law to construct and maintain such fish- 
way, to be recovered in an action of contract in the name of 
the Commonwealth, with costs and interest at the rate of 
twelve per cent. : provided, that when a fishway has been 
constructed in accordance with the provisions of this section, 
. said commissioners shall not require the alteration of the 
same by the owner of the dam within five years from the 
completion of the sauie. 

Section 5. Said commissioners may take, or cause to be ^^c^u^ur'^e^at*'' 
taken, any fish, at any time or manner for purposes connected anytime. 
with fish culture, or with scientific observation. 



678 



1869.— Chapter 384. 



— may pass 
over private 
property. 



Riparian pro- 
prietors of 
ponds of not 
more tlian 20 
acres, and own- 
ers 01 artittcial 
ponds, to have 
exclusive con- 
trol of fisheries. 



Fisheries to be 
public in ponds 
of overdo acres. 



— may lease 
ponds of over 20 
acres for culti. 
vating useful 

fishes. 



Lease not to 
affect public 
rights in pond. 



— to have Cus- 
tody of leases, 
and to see that 
conditions are 
enforced. 



Ponds to be 
measured by 
county commis- 
sioners at re- 
quest and ex- 
pense of party 
interested. 



Section 6. Each of said commissioners may, in the dis- 
charge of his duties, enter upon and pass through or over 
private property without rendering himself liable in an 
action for trespass. 

Section 7. The riparian proprietors of any pond, the 
superficial area of which is not more than twenty acres, and 
the proprietors of any pond or parts of a pond, created by 
artificial flowage, shall have exclusive control of the fisheries 
therein existing, but this shall not abridge any rights, here- 
tofore granted, to fish for herring or alewives in ponds of the 
above dimensions which are connected with salt water, nor 
affect any previous laws restricting fishing for any period of 
time. 

Section 8. The fishery of any pond, the superficial area 
of which is more than twenty acres, shall be public, except 
such as may have been specially granted by law or leased as 
hereinafter provided, and all persons shall, for the purpose 
of fishing, be allowed reasonable means of access to the 
same, without rendering themselves liable to prosecution or 
action for trespass. 

Section 9. The commissioners, or any two of them, may, 
in the name of the Commonwealth, lease any great pond, 
exceeding twenty acres in area, for the purpose of cultivat- 
ing useful fishes, for such periods of time and on such terms 
and conditions as shall seem to said commissioners most for 
the public good ; and the lessee of such pond may occupy a 
portion, not exceeding one-tenth part thereof, with inclosures 
and appliances for the cultivation of useful fishes ; but this 
shall not affect any public rights in such pond, other than 
the right of fisheries ; and the appliances and inclosures used 
by the lessee shall be so placed as not to debar ingress to or 
egress from such pond at proper places. 

Section 10. The commissioners shall have the custody of 
all leases made under the provisions of this act, and may 
cause any agreements, rights, reservations, forfeitures and 
conditions therein contained to be enforced, and for that 
purpose may institute proceedings in the name of the Com- 
monwealth, and may take possession of any premises, for 
conditions in such lease thereof being broken, and revesting 
the Commonwealth therewith may again lease the same. 

Section 11. The county commissioners for each county 
shall, upon the request and at the expense of any party 
claiming to be interested in any great pond, cause tlie same 
to be measured, and such measurement when determined 
shall be recorded in the town clerk's office of each town 
within which said pond is situated ; and said measurement 



1869.— Chapter 384. 679 

shall take place in the month of July, and no arm or branch 
shall be computed as a part of any pond, unless said arm or 
branch be at least fifty feet in width and one foot in depth. 

Section 12. The riparian proprietors of any pond of less when riparian 
area than twenty acres, shall have all the privileges given exe?cise°thek^ 
them by section seven as soon as the said county commis- "g^^*^- 
sioners have determined that their ponds do not exceed the 
above limit. 

Section 13. Any pond within the limit of twenty acres rondsofiess 

, 11- jii Til • J. J. tlian 20 acres to 

in area, bounded m part by land belongmg to a town or be private prop- 
county of the Commonwealth, shall only become the exclu- nientXas^um' 
sive property of the individual proprietors as to the fisheries to be deternun-^ 
therein, upon payment to the town treasurer, county com- three persons to 
missioners or state treasurer, of a just compensation for ^ ^wo^a e 
their respective rights therein, to be determined by a board 
of three persons, one of whom shall be one of the riparian 
proprietors of said pond, one the chairman of the board of 
selectmen, if the rights of a town are in question, or of the 
county commissioners, if the rights of a county or the Com- 
monwealth are in question, and one to be appointed by the 
commissioners on inland fisheries. 

Section 14. For the purposes of this act, no tidal stream whattidai 
shall be considered navigable above the point where, on the d*/em?d*naw- 
average throughout the year it has a channel less than forty s^^^^^- 
feet wide and four feet deep during the three hours nearest 
the hour of high tide. 

Section 15. The governor, with the advice and consent fis'^ng*" <=e''- 

., 1 T ' n 1 • tain waters 

of the council, upon the recommendation oi the commis- may be limited, 
sioners on inland fisheries, may limit or prohibit, for a period emor alcuouu- 
not exceeding five years at a time, fishing in the navigable '^^• 
tidal waters of specified streams, and in the unnavigable 
waters of streams, except in such portions as may be inclosed, 
according to the provisions of section sixteen ; and whoever Penalty. 
fishes in streams whose fishery is thus limited or prohibited, 
shall forfeit for the first offence ten dollars, and for every 
subsequent offence fifty dollars, and shall in addition forfeit 
all fish captured and apparatus used. 

Section 16. Any riparian proprietor may, within the Riparian owner 
limits of his own premises, inclose the waters of a stream \vaters for cui- 
not navigable, for the cultivation of useful fishes : provided^ tlxt^^^t^^^^' 
he furnishes a suitable passage for migratory fishes naturally I'roviso. 
frequenting such waters. 

Section 17. The governor, by and with the advice and ^^^''^^^""tS^'of 
consent of the council, may, for the purposes of this act, streams, 
arbitrarily fix and define the tidal bounds and mouths of 



680 



1869.— Chapter 384. 



Fishes artifi- 
cially propa- 
gated. 



Penalty for fish- 
ing where fish 
are artificially 
propagated. 



Fish artificially 
propagated to 
be uncler con- 
trol of owner. 



Seines or nets of 
less than five- 
inch mesh not 
to be used in 
certain waters, 
under penalty. 



How seines 
may be used. 



Penalty. 
Provisos. 



How salmon- 
pots may be 
used 



streams upon recommendation of the commissioners on 
inland fisheries. 

Section 18. Fishes artificially propagated or maintained 
shall be the absolute property of the person propagating or 
maintaining them. 

Section 19. Whoever fishes in that portion of a pond, 
stream or other water in which fishes are lawfully artificially . 
cultivated or maintained, without the permission of the pro- 
prietors, shall forfeit not less than one dollar nor more than 
twenty dollars for the first offence, and not less than five nor 
more than fifty dollars for any subsequent offence. 

Section 20. Any person legally engaged in the artificial 
culture and maintenance of fishes, may take them in his 
own waters how and when he pleases, and may have them in 
his possession for purposes properly connected with said cul- 
ture and maintenance, and may at all times sell them for 
these purposes, but shall not sell them for food at seasons 
when their capture is prohibited by law. 

Section 21. "Whoever, between the fifteenth of April and 
the fifteenth of December, in each year after this year, uses 
any sweep-seine or hand or dip-net in the waters of the Con- 
necticut, Westfield, Deerfield, Miller's, Merrimack, Nashua 
or Housatonic Rivers or their tributaries, having a mesh 
which stretches less than five inches when new and dry, 
shall forfeit, for the first offence, twenty-five dollars, and for 
every subsequent offence, fifty dollars ; and in each case shall 
also forfeit the apparatus thus unlawfully used, and the fish 
captured. 

Section 22. Whoever uses any sweep-seine or combination 
of sweep-seines in such a manner as at any moment to close 
or seriously obstruct more than two-thirds of the width of 
the stream at the place where it is used ; and whoever delays 
or stops in paying out or hauling any sweep-seine, or hauls 
any sweep-seine within one-half mile of a point where such 
seuie has been hauled within an hour, shall be liable to the 
same penalties and forfeiture set forth in the preceding 
section : provided, that this section shall not apply to seines 
used in the smelt fishery ; Q,\\di provided, further ji\\^i wowq 
of the provisions of this section shall affect the fisheries for 
shad or alewives in Taunton Great River. 

Section 28. Whoever at any time obstructs with a salmon- 
pot more than one-half of a waterfall, channel or rapid, or 
sets, uses or maintains in any of the waters of this state a 
salmon-pot, the diameter of which is more than two feet, or 
who, when the taking of salmon is forbidden by law, sets, 
uses or maintains in any of such waters, any salmon-pot 



1869.— Chapter 384. 681 

whatever, shall forfeit said salmon-pot and all fish captured, Penalty. 
and shall pay ten dollars for the first offence, and twenty for 
every subsequent offence. 

Section 24. Whoever takes salmon, shad or alewives in Penalty for tak- 
any of the waters of this Commonwealth, except the Con- "x^eptTy iiooii 
necticut, Taunton Great, Nemasket and Merrimack Rivers, oil' cerTaindays. 
or their tributaries, in any other manner than by naturally 
or artificially baited hook and hand-line, on any day of the 
week but Monday, Wednesday, Friday and Saturday, shall 
fojfeit for each offence the penalties prescribed for taking 
these species of fish at seasons prohibited by law. 

Section 25. Every clerk, superintendent or other officer information to 
having charge of a market, provision store or other place iisifunilwfuHy 
where fish are sold, shall immediately inform a constable or ed^br taie"^*^'^ 
a trial justice in the town or city where said premises are, 
situated, when any fish which has been taken in violation of 
law, has been offered for sale on said premises : provided^ proviso. 
that such clerk, superintendent or other officer shall know 
or have reasonable cause to believe that said fish has been so 
taken ; and for each neglect so to do, such clei'k, superin- 
tendent or other officer shall pay a fine of not less than five 
dollars nor more than fifty. 

Section 26. Whoever takes or catches fishes which at Fish in fresh 
any season frequent fresh water, except eels and pickerel, in ^e'ls'ilidtilck- 
any other manner than by artificially or naturally baited ol^/y by n^an^d-*^" 
hook and hand-line, hand or dip-net, sweep-seine or salmon- ^"*'^' *^''- 
pot, shall forfeit a sum not less than five dollars nor more Penalty, 
than fifty dollars : provided^ that nothing herein contained Provisos, 
shall authorize the taking or catching of trout, land-locked 
salmon or lake trout, in any other manner than by hook and 
hand-Hne ; and provided^ that towns may be allowed to per- 
mit the use of set-nets for the capture of herring or ale- 
wives. 

Section 27. Whoever takes or catches any salmon within Penalty for tak- 
the limits of this Commonwealth, or who buys, sells or has "efilngsahfion 
in possession the same taken within said limits between the ^ug^andtia 
first day of August and the first day of May, shall forfeit for 
each offence not less than ten, nor more than fifty dollars ; 
and wlioever buys, sells or has in possession any young Young salmon. 
salmon less than one foot in length shall forfeit five dollars 
for every young salmon of said dimensions bought, sold or 
had in possession. 

Section 28. Whoever takes or catches any trout, land- Penalty for tak- 
locked salmon or lake trout, within the limits of this Com- &c.' between ' 
monwealth, or buys, sells or has in possession the same taken and20t*hMarch' 
within said limits between the twentieth day of September 

37 



682 



1869.— Chapter 884. 



Shad not to be 
taken between 
March 1st and 
June 15th. 

Black bass. 



Smelts. 
Wliite p^rch. 



Penalty. 
Proviso. 



Limitation of 
actions and 
prosecutions. 



One-half of 
penalty to be 
paid to com- 
plainant. 



Repeal. 



and the twentieth day of March in each year, or takes or 
catches any trout, land-locked salmon or lake trout with any 
net or salmon-pot, at any season of the year, shall forfeit for 
each offence a sum not less than one nor more than twenty 
dollars. 

Section 29. Whoever catches any shad at any other 
season than between the first day of March and the fifteenth 
day of June, shall forfeit for each shad five dollars. 

Section 30. Whoever takes or catches any black bass in 
any of the ponds or streams of this Commonwealth from the 
first day of December to the first day of June in each year, 
or at any time except witli naturally or artificially baited 
hook and hand-line, or buys, sells or has in possession any 
such fish taken within the limits of this Commonwealth, shall 
forfeit for each offence not less than two nor hiore than twenty 
dollars. 

Section 31. Whoever takes or catches any smelts or white 
perch, in any of the waters of this Commonwealth, in any 
other manner than by naturally or artificially baited hooks 
and hand-lines, between the fifteenth day of March and the 
first day of June, in each year, or takes or catches any smelts 
with a net of any kind, on any known spawning ground 
within said Commonwealth, shall forfeit for each smelt so 
taken or caught, the sum of twenty-five cents : provided, 
that nothing herein contained shall apply to any person 
catching smelts in any seine or net in Taunton Great River, 
or in Dukes County while fishing for herring or alewives, or 
to the lessees of the towns of Yarmouth and Dennis while 
fishing for perch or alewives in Bass River or its tributaries, 
or to any person lawfully fishing for perch, herring or ale- 
wives in either branch of Westport River. 

Section 32. Actions and prosecutions under the laws 
relating to inland fisheries shall not be commenced except 
within four months from the time when the cause of action 
accrues or the offence is committed. 

Section 33. One-half of the money recovered as a penalty 
in any case arising under the laws relating to inland fisheries, 
shall be paid to the person making the complaint in the case 
in which the same is recovered, and the remainder to the 
Commonwealth. 

Section 34. The two hundred and forty-ninth chapter of 
the acts of the year eighteen hundred and sixty-six, and the 
one hundred and seventy-ninth chapter of the acts of the 
year eighteen hundred and sixty-eight, and all legislation 
heretofore enacted limiting the time and season when pickerel 
may be taken, are hereby repealed. Approved June 12, 1869. 



1869.— Chapters 385, 386, 387, 388. 683 

An Act to provide for daily sessions of police and municipal Chap. 385 

COURTS, FOR THE TRANSACTION OF CRIMINAL BUSINESS. 

Be it enacted, §'c., as follows : 

Police courts and municipal courts, shall be held for the jo be held daily 

p . . 1 1 \ T .1 , CI 1 for criminal 

transaction or crimmai business, daily, except on feundays business. 
and legal holidays. Approved June 12, 1869. 

An Act to provide additional penalties for entering a Chap. 386 

DWELLING-HOUSE IN THE NIGHT TIME OR BREAKING AND ENTER- ^ 

ING IN THE DAY TIME. 

Be it enacted, tVc, as follows : 

Section 1. Whoever is convicted of any offence set forth q™^"^™*^!^*" 
in section fourteen of chapter one hundred and sixty-one of ' ' 
the General Statutes, shall be punished by imprisonment in 
the state prison not exceeding ten years, or by fine not 
exceeding five hundred dollars, and imprisonment in the 
jail not exceeding two years. 

Section 2. This act shall not affect any prosecutions now Prosecutions 
pending, nor any offence under said section fourteen, com- notafcc'ted,' 
mitted before this act shall take effect. 

Approved June 12, 1869. 

An Act to give jurisdiction to the probate court of dukes Chan. 387 

COUNTY IN MATTERS RELATING TO THE IMPROVING OF MEADOWS ^' 

AND SWAMPS. 

Be it enacted, Sfc, as follows: 

Section 1. The probate court of the county of Dukes Probate court 
County shall have concurrent jurisdiction with the superior rent'jurisciic- 
court for said county over all matters relating to the improv- lior courun^^ 
ing of meadows and swamps, under chapter one hundred and ^^'/atlng to'im- 
forty-eight of the General Statutes. provementof 

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

Approved June 12, 1869. 
An Act to unite I-he city of haverhill and the town of Chap. 388 

BRADFORD. "' 

Be it enacted, §'c., as follows: 

Section 1. All the territory now comprised within the Bradford an- 
limits of the town of Bradford, in the county of Essex, with jj?jxedtoHaver- 
the inhabitants and estates therein, is hereby annexed to and 
made a part of the city of Haverhill, subject to the same 
municipal regulations, obligations and liabilities, and entitled 
to the same immunities in all respects as the said city of 
Haverhill : provided, however, that until legally changed, Proviso, 
said territory shall continue to be, for the purpose of elect- 
ing senator, part of the fourth Essex senatorial district ; all 
the duties now required by law to be performed by the select- 
men and town clerk of the town of Bradford, or either of 



684 



1869.— Chapter 388. 



Property of 
Bradibrd to be 
vested in 
Haverhill. 



Treasurer of 
Bradford to 
turn over books 
and property 
to treasurer of 
Haverhill. 



Actions to sur- 
vive where 
Bradford is a 
party. 



Subject to a 
vote of the 
voters of Brad- 
ford and Haver- 
hill. 



Meetings to be 
held Sept, 1st, 
1869. 



Eeturn of votes 
to be made to 
secretary of 



them, pertaining to the election of representatives in con- 
gress, state councillors, senators and members of the house 
of representatives, shall in like manner devolve upon the 
board of aldermen and city clerk of Haverhill. 

Section 2. All the public property of the said town of 
Bradford shall be vested in and is hereby declared to be the 
property of the city of Haverhill ; and said city of Haverhill 
shall succeed to all the rights, claims, causes of action, rights 
to uncollected taxes, liens, uses, trusts, duties, privileges and 
immunities of said town of Bradford. The town treasurer 
of the town of Bradford shall, on or before the second Mon- 
day of January, eighteen hundred and seventy, under the 
direction of the selectmen of said town of Bradford, who 
shall for this purpose and all other purposes necessary to 
carry iiito full effect the provisions of this act, continue to 
hold their offices over, transfer, deliver, pay and account for, 
to the city treasurer of the city of .Haverhill, all books, 
papers, moneys and other property in his possession as town 
treasurer of said town of Bradford, when this act shall take 
effect, and the city of Haverhill shall become liable for, and 
subject to all the debts, obligations, duties, responsibilities 
and liabilities of said town of Bradford. All actions and 
causes of actions which shall be pending or which shall have 
accrued at the time this act shall take effect, in behalf of or 
against the town of Bradford, shall survive and may be 
prosecuted to final judgment and execution in behalf of or 
against the city of Haverhill. 

Section 3. This act shall not take full effect unless 
accepted by a majority of the legal voters of the city of 
Haverhill, present and voting thereon by ballot at a meeting 
which shall be lield in said city of Haverhill, and also by a 
majority of the legal voters of the town of Bradford, present 
and voting thereon by ballot, at a meetinj^ which shall be 
held in said town. Said meetings shall be held on the first 
day of September next, and upon notice thereof duly given 
at least seven days before the time of said meetings, and the 
polls shall be opened at twelve o'clock, noon, of said day, 
and shall be closed at four o'clock in the afternoon. The 
ballots given in shall be assorted, counted and declared in 
the meeting in which they are given in the city of Haverhill, 
in open meeting, and shall be registered in the city records. 
And in the town of Bradford the ballots given in shall be 
assorted, counted and declared in open town meeting, and 
shall be recorded upon the records of the town. 

It shall be the duty of the selectmen of the city of Haver- 
hill to certify as soon as may be the ballots cast in the city 



1869.— -Chapter 388. 685 

of Haverhill, and the number of ballots cast in favor of this common- 
act, and the number of ballots cast against said acceptance ^^^''^ 
in said city to the secretary of the Commonwealth. 

The selectmen of the town of Bradford shall as soon as 
may be, make a like return of the ballots cast in said town, 
and the number of ballots cast in favor of accepting this act, 
and the number of ballots against said acceptance in said 
town to the secretary of the Commonwealth ; and if it shall l^tiufceStifi^ate 
appear that the majority of the votes cast in the city of if act is accept- 
Haverhill, and a majority of the votes cast in the town of 
Bradford, respectively, is in favor of accepting this act, the 
said secretary shall immediately issue and publish his certifi- 
cate declaring this act to have been duly accepted. 

Section 4. So much of this act as authorizes and directs Part of act to 
the submission of this question of acceptance of this act to ifs passage"^°'^ 
the legal voters of said city and town, respectively, provided 
in the third section -of this act, shall take effect upon its 
passage. 

Section 5. If this act shall be accepted as herein pro- if act is accept- 
vided, it shall take effect on the third day of November, in takeVtrect.'* 
the year eighteen hundred and sixty-nine, so far as to author- 
ize, legalize and carry into effect the acts and provisions of 
the third and fourth sections of this act ; but for all other 
purposes, except as mentioned in sections third and fourth of 
this act, it shall take effect on the first Monday of January, 
in the year eighteen hundred and seventy. 

Section 6. In dividing the city of Haverhill into wards, Hayerhnitobe 
as provided in section fourth of the act to establish the city of seveu walds. 
Haverhill, passed March the thirty-first, eighteen hundred 
and sixty-nine, the selectmen mentioned in said act, shall 
include the territory hereto annexed to the city of Haverhill : 
provided, this act be accepted as aforesaid, and divide said Proyiso. 
city into seven wards. 

Section 7. If this act shall be accepted as herein pro- Amendment to 
vided, the act aforesaid establishing the city of Haverhill, HaverMii!'^^^ 
shall be and hereby is so amended as to give full force and 
effect to this act. 

Section 8. If any election or balloting upon the question if baiiotingis 
of the acceptance of this act by either said city or said town, brs'^'j!^c.r'^ 
shall within two months thereafter, be declared void by the ^epfalTc" to be' 
supreme judicial court upon summary proceedings, which again submitted 
may be had in any county, upon the petition of fifty voters ° '^p^"? 
of either of said city or said town, the question of accepting 
said act shall again be submitted to the legal voters of said 
city or town, and a meeting therefor shall within thirty days 
thereafter be called, held, conducted, and the votes returned, 



686 



1869.— Chapter 389. 



Chap. 389 



Selectmen may 
take soil, &c., 
to repair dikes. 



— to determine 
damages, and 
notify persons 
of amounts 
allowed. 



Parties aggriev- 
ed may apply 
for a jury with- 
in two months 
after notice. 



Specification of 
objections to 
award must be 
made. 



Costs, how and 
by whom to be 
paid, 



and other proceedings had thereon in like manner as herein 
before provided. But no election or balloting shall be held 
void for informality in calling, holding or conducting the 
election or returning the votes or otherwise, except upon 
proceedings instituted therefor, and determined within sixty 
days thereafter as aforesaid. Approved June 12, 1869. 

An Act in addition to an act to authorize the county com- 
missioners OF THE COUNTY OF HAMPDEN TO CONSTRUCT TWO 
DIKES IN THE TOWN OF WEST SPRINGFIELD. 

Be it enacted, ^c, as follows : 

Section 1. The selectmen of the town of West Spring- 
field, or any person employed by or acting under authority 
from them, shall have the right at any and all times to enter 
iipon any land adjoining or in the vicinity of the dikes con- 
structed by said commissioners under chapter eighty of the 
acts of the year eighteen hundred* and sixty-eight, and to 
take and remove therefrom the soil, sand, turf and other 
material which may be needed to maintain, repair and rebuild 
said dikes, or either of them. 

Section 2. The said selectmen shall, within two months 
after completing any repairs or rebuilding of said dikes, or 
either of them, determine the amount of damages caused to 
the several owners of land so entered upon, and they shall 
as soon as practicable thereafter, give to the said owners 
notice of such determination by giving to each of them a 
copy of such determination, when known to such selectmen, 
and residents of said West Springfield, and when not known, 
or not such residents, by posting a copy thereof on or near 
the premises so entered upon. 

Section 3. Within two months after the giving of the 
notices as aforesaid, of the determination of the selectmen, 
as to the amount of damages caused as aforesaid, any person or 
corporation aggrieved thereby may apply for a jury to revise 
such determination ; such application shall be made in like 
manner, and the proceedings thereon shall be the same as in 
the case of a jury called to revise the judgment of the county 
commissioners in awarding damages for laying out, altering 
or discontinuing highways ; such application shall contain a 
specification of the objections made to the determination of 
the selectmen, to which specification the party shall be con- 
fined at the hearing. 

If upon the hearing the jury do not increase the amount 
allowed as damages by the selectmen, the costs and charges 
incurred by reason of the application shall be paid by the 
person who recognizes for the payment of costs ; otherwise 
such costs shall be paid by the town. 



1869.— Chapters 390, 391. 687 

Any person or corporation who shall neglect to make 
application as herein provided shall be concluded upon the 
question of damages by the determination of the selectmen. 

Section 4. The amounts awarded as damages as aforesaid ^,^!f.(g^^to 1,^ 
shall be paid by the town of West Springfield, and the sums iwiki by w^est 
so paid and all the costs and expenses incurred by the town tl5'befieemed° 
incident thereto, shall be taken to be a part of the expenses {^ensef onnam- 
of maintaining, repairing and rebuilding said dikes, and shall tainiug dikes, 
be borne in the same proportions, and by the same parties, 
and assessed and collected in the same manner, as is provided 
in said act for said expenses. Approved June 12, 1869. 

An Act concerning sidewalks in the city of Worcester. Chcip. 390 
Be it enacted, Sfc, as follows : 

Section 1. The city council of the city of Worcester is May establish 
hereby authorized to establish and grade sidewalks and set ^aikl^ ^^^ ^ 
curbstones in such streets in said city. as the public con- 
venience may require, and construct the same with such 
material as the city council shall deem expedient ; and may, 
in like manner, from time to time, re-establish, grade, recon- 
struct and repair such sidewalks and curbstones, and any 
sidewalks and curbstones heretofore established in said city ; 
and may assess upon the abutters on such sidewalks the May assess 
whole or any part of the expense of the same, that portion abutter!"^"" 
of the expense not so assessed being paid by said city. All Assessments to 
assessments so made shall be a lien upon the abutting lands estate\ud°coi- 
in the same manner as taxes are a lien on real estate, and othwta^es. 
may be collected in the same manner as taxes on real estate 
are now collected. 

Section 2. This act shall take effect whenever the city when to take 
council of said city shall accept the same. 

Approved June 12, 1869. 

An Act for the abatement of a nuisance in the city of Qfiap^ 391 

CAMBRIDGE, AND FOR THE PRESERVATION OF THE PtJBLIC HEALTH ^' 

IN SAID CITY. 

Be it enacted, i^c, as follows : 

Section 1. The mayor and aldermen of the city of Cam- owners of cer- 
bridge may order the owners of the land in said city, or any cam{,rid%'may 
of them, situated and lying within the district which is ^^j^e^'^^adl*" 
bounded on the north-east by Broadway, on the south by 
Main Street, and on the west by Moore and Gilpin Streets, 
to raise the grade of said land, filling up the same with good 
material to a grade not less than twelve feet above mean 
low-water, with reference to a complete drainage thereof, and 
to the abatement of the present nuisance and to preserve the 
health of the city. 



688 



1869.— Chapter 391. 



Order to be 
made in writ- 
ing and served 
upon owners. 



If owner fails 
to comply, 
mayor and 
aldermen may 
raise the grade, 
and expense to 
be lien upon 
land, and 
amount col- 
lected like 
taxes. 



Persons dis- 
satisfied with 
assessment may 
apply to county 
commissioners 
within six 
months. 



Commissioners 
to order jury. 



Costs. 



Persons dis- 
satisfied may 
notify city 
thereof within 
sixty days. 



City to take 
property and 
pay damages to 
owner forfli- 
with if parties 
agree. 



Section 2. Such order shall be made in writing and 
served upon said owners or their authorized agents in the 
manner prescribed in section nine of chapter twenty-six of 
the General Statutes, for the service of orders made by boards 
of health for the abatement of nuisances. 

Section 3. If the owner of any such land fails to comply 
with such order within three months after the service of said 
notice, the mayor and aldermen of said city may raise the 
grade thereof, filling up the same with good materials to a 
height not more than twelve feet above mean low-water, and 
all necessary expenses incurred thereby shall constitute a 
lien upon said land, and may be collected in the manner 
now provided for the collection of taxes upon real estate ; 
and at any sale of said lands taken for non-payment of said 
expenses, the city collector shall have the same right to 
purchase said land in behalf of the city of Cambridge as 
the city collector now has by law in the case of lands sold 
for taxes. 

Section 4. Any person entitled to any estate in any part 
of the land the grade of which shall be so raised by the said 
mayor and aldermen, who shall l)e dissatisfied with the assess- 
ment of the expense of raising the grade of his land may, 
within six months after receiving notice of said assessment, 
make a complaint to the county commissioners in the county 
of Middlesex. Said commissioners shall thereupon order a 
jury, who shall have power to revise said assessment in the 
same manner as is provided in chapter forty-three of the 
General Statutes in cases where persons are aggrieved by 
the assessment of damages by selectmen. If the assessment 
is reduced the charges arising on said complaint shall be 
paid by the city of Cambridge ; otherwise the same shall be 
paid by the complainant. 

Section 5. Instead of making a complaint to the county 
commissioners, as provided in the preceding section, any 
person dissatisfied with the assessment of the expense of 
raising the grade of his said land, may give notice thereof to 
said mayor and aldermen within sixty days after he shall 
receive notice of said assessment, and the city of Cambridge 
shall thereupon take said land, and shall, within sixty days 
thereafter, file in the office of the registry of deeds, for the 
southern district of the county of Middlesex, a description 
of the land so taken as certain as is required in a common 
conveyance of lands, together with a statement that the 
same is taken pursuant to the provisions of this act, which 
said description and statement shall be signed by the mayor, 
and the title to lands so taken shall vest in the city of Cam- 



1869.— Chapter 392. 689 

bridge ; and if any party whose land is so taken shall agree 

with the said city upon the damage done to him by the said 

taking, making dne allowance for the improvement by raising 

the grade of said land, the same shall be paid to him by the 

said city forthwith. If any party shall not agree with the if parties do 

city as to the damage done him by such taking, he may "wnt? may 

within six months from the filing of such description and apply to com- 

o . . y niissiouers for 

statement, apply to the county commissioners as above pro- jury, 
vided, for a jury to determine the damage so done him, 
making due allowance for the improvement by raising the 
grade of said land, and the proceedings shall be according 
to the provisions of said chapter forty-three of the General 
Statutes, in cases wliere persons are aggrieved by the assess- 
ment of damages by selectmen. The damages awarded by costs. 
the jury shall be paid by the city, and if the damages are 
increased above the sum before offered by the city, all charges 
shall be paid by the city ; otherwise the charges arising on 
such application shall be paid by the applicant. 

Section 6. Nothing in this act shall be construed as city not ex- 
esempting the city of Cambridge from any obligation it fiamlfgeftT 
would otherwise be under, to make compensation to the }erritor"'X-* 
owners of lands abutting on or near to the territory described scribed in tws 
in the first section of this act, for any injury done by order 
of the mayor and aldermen of said city to such lands in any 
acts of raising, filling or draining said territory or any part 
thereof. 

Section 7. All grading done under this act shall be done Grading to be 
within five years from the passage hereof. e?" y^ars'.*'^ 

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

Approved June 12, 1869. 



Chap. 392 



An Act to authorize the city of newburyport to subscribe 
for and hold stock in the exeter and salisbury railway 

COMPANY. 

Be it enacted, ^'c, as follows : 

Section 1. The city of Newburyport is hereby authorized ^la^'^akl^stock 
to subscribe for, and hold shares in the capital stock of the in' Exeter and 
Exeter and Salisbury Railway Company, to an amount not way^'company! 
exceeding one per centum of its valuation, for the year 
eighteen hundred and sixty-nine, and to pay for the same 
out of the treasury of said city, and said city is hereby May raise 
authorized to raise by loan upon bonds, or tax or otherwise, ^r°tox.'^^^°^"' 
any and all sums that may be necessary to pay therefor, and 
may hold and dispose of the same like other city property : 
provided, that the legal voters of said city, who may be Proviso, 
present and voting thereon, shall vote to accept this act, at a 

38 



690 



1869.— Chapters 393, 394, 395. 



Mayor and 
aldermen to 
represent city 
at meetings of 
company. 



legal meeting called for the purpose by the mayor and alder- 
men thereof. 

Section 2. The mayor and aldermen of the city of New- 
bnryport shall have authority to represent said city at all the 
meetings of said railroad company, and to vote on the whole 
amount of the stock held by the said city, anything in the 
sixty-tliird chapter of the General Statutes to the contrary 
notwithstanding. 

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

Approved June 12, 1869. . 

Chap. 393 An Act to incorporate the reading savings bank. 

Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Ephraim Hunt, Nathan P. Pratt, William 

Proctor, their associates and successors, are hereby made a 

Name. Corporation by the name of the Reading Savings Bank, to 

Powers and du- be locatcd in the town of Reading ; with all tlie powers and 
privileges, and subject to all the duties, liabilities and re- 
strictions, 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 June 12, 1869. 



Chap. 394 



Charter revived 
for a specific 
purpose. 



Chap. 395 



Conveyance of 
real estate 
made by Ellen 
Dodge and 
others to James 
A. Dodge, con- 
firmed. 



An Act concerning the traders bank in boston. 
Be it enacted, Sfc, as follows : 

Section 1. The existence of the corporation, heretofore 
known as the President, Directors and Company of the 
Traders Bank, and located in Boston, is hereby revived and 
continued for the purpose of enabling the president and 
directors of said Traders Bank at the time when the same 
became an association for carrying on the business of bank- 
ing under the laws of the United States, to convey, assign 
and transfer any real estate or interests tlierein of the said 
Traders Bank, and for no other purpose whatever. 

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

Approved June 12, 1869. 

An Act confirming the title of james a. dodge in certain 
real estate. 

Be it enacted, §'c., as follows : 

Section 1. The conveyance of real estate made by Allen 
Dodge, Francis Dodge and Robert F. Dodge, trustees under 
the will of Francis Dodge, late of Georgetown, in the Dis- 
trict of Columbia, deceased, to James A. Dodge, by their 
deed recorded in the registry of deeds, for tlie county of 
.Esses, book seven hundred and nine, page one hundred and 



1869.— Chapters 396, 397. 691 

fifty-seven, is liereby confirmed and made valid and effectual 
to pass a clear title to the real estate described in said deed, 
in fee simple, to said James A. Dodge and his heirs and as- 
signs forever. 

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

Approved June 12, 1869. 

An Act concerning the punchard free school in andover. Chctp. 396 
Be it enacted, tVc, as folloivs : 

Section 1. The town of Andover is hereby authorized to ^"'|;°^"aTe''' 
raise by taxation and to appropriate a sum not exceeding mouey m aid of 
twenty-five thousand dollars to aid the trustees of the schwi!'*^*^^^ 
Punchard Free School in erecting and furnishing a suitable 
edifice to be used and occupied in place of a high school for 
said town ; also to raise and appropriate annually a sum not 
exceeding two thousand dollars, in any one year, to aid in 
defraying the annual expenses of said Punchard Free School. 

Section 2. Said town shall hereafter have and exercise —may choose 
a perpetual right to choose a majority of the board of trus- teei^'of^sdioor 
tees of said school, and said school shall be under the order 
and superintendence of said trustees, and they shall perform 
all the duties and exercise all the powers in relation to said 
Punchard Free School, now performed and exercised by the 
general school committee in relation to the public schools of 
said town. 

Section 3. Said Punchard Free School shall at all rea- school to be 

,1,. 1 ,ji- J. T .J. p open to exami- 

sonable times be open to the inspection and examination oi nation of school 
the general school committee of said town, that they may A™iover!*'°^ 
ascertain its condition and management, and they shall in- 
clude a report thereof in their annual report to the town. 
They shall also have the right to recommend for admission 
to said school such pupils of the public schools as they may 
deem qualified therefor. 

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

Approved June 12, 1869. 
An Act to incorporate the boston and lynn union railway Chat). 3911 

COMPANY. ■* * 

Be it enacted, Sfc, as folloics : 

Section 1. Andrew McKinney, Lucius A. Bigelow, and corporators. 
A. K. P. Joy, their associates and successors, are hereby 
made a corporation by the name of the Boston and Lynn Union Name and par- 
Railway Company, with authority to construct, maintain and 
use, by themselves or others, a street railway with single or 
double tracks, switches and turnouts, from some point at or Road from Pea- 
near the Square, so called, in Peabody, and thence upon and "^"^y *o ^y"^"^- 
over Foster Street, Washington Street, and Lynn Street, in 



692 



1869.— Chapter 397. 



Powers and du- 
ties. 



To transport 
Salem Railway 
passengers at 
lowest fare for 
others carried 
same distance. 



Receipts to be 
divided. 



May maintain 
railway from 
Salem Turn- 
pike through 
Eastern Avenue 
to East Boston. 



Capital stock. 

Shall not use 
tracks of otiier 
railways, unless 
parties agree. 



May sell or 
lease franchise 
or purcliase of 
other compa- 
nies. 



Peabody, to the city of Lynn, and upon and over such 
streets and to such points in the city of Lynn as the board 
of aldermen thereof and the Lynn and Boston Raih-oad 
Company, or their lessees, shall concurrently designate and 
approve ; with all the powers and privileges, and sul^ject to 
all the duties, restrictions and liabilities, set forth in all gen- 
eral laws which now are or may hereafter be in force relating 
to street railway corporations. 

•Section 2. Said corporation shall transport passengers 
of the Salem Street Railway Company in any of its cars at 
the lowest fare charged or taken by it for. any other of its 
passengers transported the same distance, and if said Salem 
Street Railway Company shall at any time so elect, this cor- 
poration shall transport the passengers of said Salem Street 
Railway Company over its road between Peabody and Lynn, 
upon one through ticket between Salem and Lynn ; and in 
such case all receipts from sales of such tickets shall be 
equally divided between the said corporations by mutual 
accounts rendered as often as either of said corporations 
may require ; but said Salem Street Railway Company shall 
have no right to run over the tracks mentioned in sections 
one and three of this act, unless the corporations interested 
so agree. 

Section 3, The corporation hereby created is further 
authorized to construct, maintain and use a railway from 
the junction of the Salem and Boston Turnpike and Eastern 
Avenue, near the line of North Chelsea, and thence over 
and through said avenue, in Chelsea, thence over East Bos- 
ton Old Bridge, and Bremen Street, and such other streets 
in East Boston as the board of aldermen of the city of Bos- 
ton may designate ; and this corporation shall, for the pur- 
pose of building said road be vested with all the rights, 
powers and privileges, relating to construction and equip- 
ment thereof, mentioned in chapter two hundred and two 
of the acts of the year eighteen hundred and fifty-nine. 

Section 4. The capital stock of said corporation shall 
not exceed eight hundred thousand dollars, and said cor- 
poration may transport persons and property, and may con- 
tract with any railway company to connect with, run over 
and use its tracks, upon such terms as may be agreed upon, 
but shall not connect with, use or run over the tracks or 
location of any other railway company, unless both com- 
panies interested so agree. 

Section 5. Said corporation is authorized and empow- 
ered to sell, lease or transfer its franchise, and all its prop- 
erty, rights and privileges, or any part thereof, to any other 



1869.— Chapter 398. 693 

like corporation, on such terms as may be mutually agreed 
upon, and make and execute all papers and instruments 
necessary for that purpose, and the corporation purchasing 
or leasing the same shall have all the rights and be subject 
to all the requirements, restrictions and liabilities herein 
contained, and said Boston and Lynn Union Railway Com- 
pany may in the same manner purchase or lease the right 
and property of any other street railway company with 
which it may connect. 

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

Approved June 12, 1869. 

An Act to incorporate the newburyport city railroad (Jhap. 398 

COMPANY. " 

Be it enacted^ cVc, as follows : • 

Section 1. " Isaac H. Boardman, Eben Sumner and Amos corporators. 
W. Mooney, their associates and successors, are hereby made 
a corporation by the name of the Newburyport City Railroad Name. 
Company, with all the powers and privileges, and subject to Powers and dn- 
all tlie duties, liabilities and restrictions set forth in all ^^*^^' 
general laws which now are or hereafter may be in force 
relating to such companies. 

Section 2. Said company may locate, construct, maintain FromNewbury- 
and operate a railroad, with one or more tracks, from some KaUroad^^to*^™ 
convenient point upon the Newburyport Railroad or the n,'°cRi>e?\n'"" 
Eastern Railroad within the limits of Newbury or Newbury- Newburyport. 
port, to some convenient point, within the limits of Newbury- 
port, upon the shore of Merrimac River, at tide-water. 

Section 3. Said company may enter with its road upon May enter upon 
the Newburyport Railroad or the Eastern Railroad and use Eastern Kau-"'^ 
the same according to law. to^as. 

Section 4. Said company is hereby authorized to sell and May seii, lease 

. 1 1 1 • • 1 T 1 •"" mortgage 

transler its iranchise, and all its rigiits and property under franchise. 
this act, or to lease or mortgage its road and franchise or 
other property, to the Eastern Railroad Company, or to the May contract 
Boston and Maine Railroad Company, or to contract with for use ofroii^ 
any railroad company for the use of its rolling stock. -"^ stock. 

Section 6. The capital stock of said company shall not capital stock 
exceed one thousand shares of one hundred dollars each, 
the number of which shall be determined, from time to 
time, by a majority of the stockholders, each share counting 
one vote. 

Section 6. The Eastern Railroad Company or the Boston Eastern and 
and Maine Railroad Company may subscribe and hold stock MahiTroads 
in said company, not exceeding fifty thousand dollars : pro- "otVxc'ledin? 
vided, that a majority of the stockholders of either of said $JO,o6o. 



694 



1869.— Chapter 398. 



Newburyport 
may take stock 
in or grant 
credit in ai(} of 
company. 



Proviso. 



Location of 
tracks, rate of 
speed, &c., to 
be under direc- 
tion of mayor 
and aldermen. 



Penalties for 
%vilfiil obstruc- 
tion of road. 



Penalty on com- 
pany for ob- 
structing 
streets, &c. 



Mayor and 
aldermen not 
prevented from 
discontinuing 
or laying out 
streets. 



May connect 
witli Newbury- 
port and Ames- 
bury Horse 
Kaiiroad Com- 
pany. 



roads present and voting at a legal meeting called for that 
purpose shall vote so to do. 

Section 7. The city of Newbury port is hereby authorized 
to subscribe for and hold shares in the capital stock of said 
company, or to grant its credit in aid of the same to an 
amount not exceeding one per centum of its valuation for 
the year eighteen hundred and sixty-nine : provided, that a 
majority of the legal voters of said city, present and voting 
by ballot, at a legal meeting called for the purpose by the 
mayor and aldermen of said city, shall vote to accept this 
act. Said city may pay for such shares from its treasury, 
and is hereby authorized to raise by loan or tax any and all 
sums of money which may be necessary to pay for the same, 
and may hold or dispose of the same like other city property. 

Section 8. The location of the tracks through the streets 
of Newburyport, and the mode of their construction and 
maintenance, shall be determined by the mayor and alder- 
men, who shall have power to make such regulations as to 
the rate of speed and mode of use through the streets of the 
city as the public convenience may require. And the said 
company or its assigns shall have power, with the consent of 
the mayor and aldermen, to alter the grade of any streets in 
which their tracks may be located, and the expense thereof 
sliall be paid by them unless the mayor and aldermen shall 
otherwise determine. 

Section 9. If any person shall wilfully and maliciously 
obstruct said company or its lessees or assigns in the use of 
said tracks, such person and all who shall be aiding or abet- 
ting therein shall be punished by a fine not exceeding five 
hundred dollars, or by imprisonment in the common jail not 
exceeding three months. 

Section 10. If said company, its lessees or assigns, or 
their agents or servants, while in the use of said tracks, shall 
wilfully and maliciously obstruct any street, or the passing 
of any carriage over the same, it shall be punished by a fine 
not exceeding five hundred dollars. 

Section 11. Nothing in this act shall be construed to pre- 
vent the mayor and aldermen of the city of Newburyport 
from exercising any power which by law they now have of 
discontinuing any street in which the said tracks may be 
laid, or to lay out any street crossing said track. 

Section 12. Said company may connect the tracks here- 
by authorized to be constructed with the tracks of the New- ■ 
buryport and Amesbury Horse Railroad Company, with the 
consent of the last named company ; and the said horse rail- 
road company may connect its tracks with, and use, for any 



1869.— Chapters 399, 400. 695 

purpose for which it may lawfully use its own tracks, the 
tracks hereby authorized to be constructed, with the consent 
of the Newbury port City Railroad Company ; such use and 
connection, in either case, to be upon terms mutually agreed 
upon by said companies, and subject to the consent first ob-. 
tained of the mayor and aldermen of said city. 

Section 13. This act shall take effect upon its passage, to be located in 
and shall be void unless said road is located within two constructirin 
years, and constructed within four years, from the passage ^""'"y'^^''^" 
hereof. Approved June 12, 1869. 

An Act to confirm conveyances made by certain trustees. Chap. 399 
Be it enacted, tVc, as folloivs : 

Section 1. The several deeds purporting to be convey- conveyance by 
ances of lands made by the trustees under an indenture wlifof wSuam 
entered into between George B. Loring, Mary T. Pickman fr^e^^^^' ^°^' 
and Samuel B. Walcott, which is recorded in the registry of 
deeds for the county of Essex, in book five hundred and 
seventeen, leaf one hundred and eighty-one, and by the trus- 
tees under the will of William Pickman, late of Salem, de- 
ceased, which was approved and allowed by the judge of 
probate for the county of Essex, at a court of probate held 
on the thirtieth day of June, in the year one thousand eight 
hundred and fifty-seven, and by the trustees under the will 
of Mary Osgood, late of North Andover, which was approved 
and allowed by the judge of probate for said county at a 
court holden on the twenty-first day of October, in the year 
one thousand eight hundred and fifty-six, shall be as valid to 
pass an estate in fee simple in and to the lands therein de- 
scribed as said deeds would have been if power had been 
conferred on the trustees in the wills and indenture afore- 
said. 

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

Ajjproved June 12, 1869, 

An Act to incorporate the fall river orphan asylum. ChaT). 400 
Be it enacted, §'c., as folloivs : 

Section 1, Horatio N. Gunn, Louis Lapham and Sam- corporators. 
uel M. Brown, their associates and successors, are hereby 
made a corporation by the name of the Fall River Orphan Name and pur- 
Asylum, for the purpose of providing for the care and sup- p°^*" 
port of abandoned and orphan children ; with all the powers Powers and du- 
and privileges, and subject to all the duties, liabilities and *^*^^' 
restrictions set forth in the General Statutes relating to such 
corporations. 



696 



1869.— Chapter 401. 



Subject to in- 
spection of 
board of state 
cliarities. 



May change 
location of 
road. 



anY'lTsonli^ SECTION 2. The said corporation may receive by pur- 
property not ex- chase, grant, devise, bequest or otherwise, any real or per- 
000. °® ' sonal property, and hold tiie same for the purposes aforesaid, 
and may manage and dispose of the same according to their 
discretion : pri)vided, that the whole amount of the real and 
personal property held and possessed by the said corporation 
shall not exceed in value at any one time the sum of fifty 
thousand dollars. 

Section 3. The board of state charities shall have power 
at all times to visit and inspect any institution established by 
this corporation. 

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

Approved June 12, 1869. 

Chap. 401 An Act to authorize a change of the location of the rail- 
road OF THE WEST AMESBURY BRANCH RAILROAD COMPANY. 
Be it enacted, §"c., as follows : 

Section 1. The West Amesbury Branch Railroad Com- 
pany is hereby authorized to change the location of its road, 
so as to commence at some convenient point in that part of 
the town of Amesbury known as West Amesbury, and run 
thence through said town to the easterly part of the town of 
Haverhill ; thence through said easterly part of Haverhill 
to Merrimack River, at or near Rock's Bridge, so called ; 
thence crossing over said river, by a new bridge, or by build- 
ing suitable structures upon the present travelled bridge 
known as Rock's Bridge, upon such terms and in such man- 
ner as may be agreed upon between said company, the 
county commissioners of the county of Essex, and the towns 
of Haverhill, West Newbury and Amesbury ; thence con- 
tinuing said location from said river, through the towns of 
West Newbury and Groveland, to the railroad in said Grove- 
land in the possession and use of the Boston and Maine 
Railroad Company, known as the Newburyport Railroad, 
with the right to enter upon and unite the same with and 
use said Newburyport Railroad, under the provisions of law 
relating to connecting roads. 

Section 2. The towns of Groveland and West Newbury 
are hereby authorized, when so voting at legal town meet- 
ings duly called for that purpose, to subscribe for and hold 
stock in the capital stock of the West Amesbury Branch 
Railroad Company, to an amount not exceeding five per 
centum of the assessed valuation of said towns respectively. 

Section 3. Said towns are hereby authorized to raise 
by loan or tax any sums of money which i-hall be required 
to pay their respective subscriptions to said stock and inter- 
est thereon. 



May unite with 

Newburyport 

RaUroad. 



Groveland and 
We.st Newbury 
may take stock 
in road. 



— may raise 
money by loan 
or tax to pay 
for stock. 



1869.— Chapters 402, 403. 697 

Section 4. The selectmen of said towns shall have selectmen to 
authority to represent their respective towns at any meeting towusatmeet- 
of the West Amesbiiry Branch Railroad Company, and said i!>g^« of corpora- 
towns so represented are hereby authorized to vote on the 
whole amount of stock held by said towns, anything in the 
sixty-third chapter of the General Statutes to the contrary 
notwithstanding. 

Section 5. Said West Amesbury Branch Bailroad Com- May lease road, 
pany is hereby authorized to lease its road to any other rail- 
road corporation, subject to the provisions of law. 

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

Approved June 12, 1869. 

An Act to authorize the new haven and Northampton com- QJian. 402 

PANY to rebuild ITS STATION-HOUSE IN SOUTHAMPTON. ^' 

Be it enacted, ^"c, as follows: 

Section 1. The New Haven and Northampton Company Mav rebuild 
is hereby authorized to rebuild its station-house in the town so"uthampton.^" 
of Southampton, vipon the location of the one recently de- 
stroyed by fire, or upon such other location as the directors 
of said company may select, subject to the approval of the 
county commissioners of Hampshire county. 

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

Approved June 12, 1869. 
An Act TO authorize the town of canton to subscribe for (7^^79.403 

AND hold shares IX THE CAPITAL STOCK OF THE CANTON AND "* 

HYDE PARK RAILROAD COMPANY. 

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

Section 1. The town of Canton is hereby authorized canton majr 

11 -Tiiiir-i take Stock in 

when so votuig at a legal town meetmg duly called lor the canton and 
purpose, to subscribe for and hold shares in the capital stock itaiiroad com- 
of the Canton and Hyde Park Railroad Company, to an p**"^' 
amount not exceeding five per centum of the assessed valu- 
ation of the said town ; and said town may pay for such shares —may raise 
so voted to be taken, out of its treasury, and is hereby au- or^oantopay 
thorized 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. 

Section 2. The said town of Canton may appoint a com- committee to 
mittee who shall subscribe in behalf of the town, for such share"ancfcast 
number of shares in the capital stock of said company as Xddfofders' ^^ 
shall be voted by said town ; and said committee is hereby meeting. 
authorized to cast the vote of said town in the choice of di- 
rectors of said road, at the first meeting of the stockholders 
thereof called for that purpose ; and thereafter the vote o( 

39 



698 . 1869.— Chapters 404, 405, 406. 

the said town in the choice of directors of said road shall be 

cast by the person or persons whom said town may appoint. 

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

Approved June 12, 1869. 

Chap. 404 An Act to authorize the athol and enfield railroad com- 
pany TO ISSUE BONDS, AND TO MORTGAGE ITS ROAD. 

Be it enacted, Sfc, as follows : 

May issue bonds SECTION 1. The Athol and Enfield Railroad Company is 

not OXC^CCllll'-' ■ • 

$300,000, and" hereby authorized to issue bonds not exceeding three hun- 
smyebymort- ^^.^^ thousaud dollars in amount, payable at such times as 
may be fixed therein, not exceeding twenty years from their 
respective dates, with interest not exceeding the rate of 
seven per centum per annum payable semi-annually, and to 
secure the same by a mortgage of its railroad equipments 
and franchise or of any of its property real or personal. 
Section 2. This act shall take effect upon its passage. 

Approved June 12, 1869. 
Chap. 405 An Act to authorize the town of Northampton to raise 

MONEY IN AID OF THE NORTHAMPTON DIKE COMPANY. 

Be it enacted, Ifc, as follows : 
May raise SECTION 1. The town of Northampton, being authorized 

ationLi-'repair- by a majority of the legal voters present and voting at a 
Nfrtimmpt°on towii mcctiug duly Called and held for the purpose, may 
Dike Company, j-aisc by taxation or otherwise, such sums of money, in all 
not exceeding five thousand dollars, as said town may de- 
cide, and may contribute the same towards reconstructing 
or repairing the works of the Northampton Dike Company, 
and for more effectually securing and preserving the prop- 
erty, streets and highways in said town, which said works 
are designed to protect. 

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

Approved June 12, 1869. 

Chan. 406 ^^ ^^^ concerning the lease of THE NORWICH AND WORCESTER 
-' ' RAILROAD TO THE BOSTON, HARTFORD AND ERIE RAILROAD COM- 

PANY. 

Be it enacted, §'c., as follows : 

Lease con- SECTION 1. The Icasc of the railroad and other property 

'™^ ■ of the Norwich and Worcester Railroad Company to the 

Boston, Hartford and Erie Railroad Company, of date of 

February ninth, of the year one thousand eight hundred 

and sixty-nine, is hereby ratified and confirmed. 

Boston, Hart- SECTION 2. The Bostou, Hartford and Erie Railroad 

to fuifli aii'con- Company shall carry out and fulfil with all persons and cor- 

lease!""'^" "'^ porations, all contracts, which, by the terms of said lease, it 

Las agreed Avith the said Norwich and Worcester Railroad 



1869.— Chapters 407, 408. 699 

Company to assume, keep and perform ; and all such per- 
sons and corporations shall have, under said contracts, the 
same rights and remedies against the said Boston, Hartford 
and Erie Railroad Company, as they have or would have 
against the Norwich and Worcester Railroad Company, for 
any breach of said contracts, or to enforce the fulfilment 
thereof. 

Section 3. The Boston, Hartford and Erie Railroad -f^j^Xda- 
Company, on every part of the line of the Norwich and tions tor locai 
Worcester Railroad, shall furnish accommodations and facil- ' ^ ' 
ities for local travel and business, not less than are now 
furnished by said Norwich and Worcester Railroad Com- 
pany : provided^ that such business and travel continue equal rroviso. 
in amount to what the same now are. 

Section 4. Nothing contained in this act shall be con- Ki?hts ami lia- 
strued to release or in any manner relieve the Norwich and wicuandwor- 
Worcester Railroad Company from any existing liability to not affected? 
the Commonwealth, or affect the right of the Commonwealth 
to purchase the railroad, franchise and property of the Nor- 
wich and Worcester Railroad Company, upon the terms 
provided in its charter, or to amend or repeal its charter ; 
and nothing in this act contained shall be construed to 
release the party of the first part from any liability to the 
public, in case of accident whereby injury shall be sustained 
by those travelling upon said road, while said party of the 
second part to said lease shall be operating said railroad. 

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

Approved June 12, 1869. 
An Act to revive chapter one hundred twenty-eight of the Chcip. 407 

ACTS OF the year EIGHTEEN HUNDRED AND SIXTY-SIX TO CHANGE 
the location of THE PITTSFIELD AND NORTH ADAMS RAILROAD. 

Be it enacted, Sfc, as folloios : 

Section 1. Chapter one hundred and twenty-eight of Time for loca- 
the acts of the year eighteen hundred and sixty-six, entitled structionex-' 
an act to change the location of the Pittsfield and North '^^"'^*^'^- 
Adams Railroad is hereby revived and confirmed ; and the 
time for locating and constructing said railroad is hereby 
extended three years from the passage of this act. 

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

Approved June 12, 1869. 

An Act to establish a board op railroad commissioners. (JJidrt 4Q3 

Be it enacted, §'c., as folloics : 

Section 1. The governor, with the advice and consent of JommisskTMri 
the council, shall, before the first day of July next, appoint to be appointed., 
three competent persons, who shall constitute a board of 



700 



1869.— Chapter 408. 



— for one, two 
and three years. 



— to have gen- 
eral supervision 
of all railroads. 



— to notify rail- 
roads failing to 
comply with 
terms of char- 
ters, &c. 



Notice, how to 
be served. 



Commissioners 
to make exam- 
ination of rail- 
road upon com- 
plaint of town 
or city authori- 
ties. 



If twenty lejral 
voters request 
examination, 
and city or town 



railroad commissioners, and who shall hold their offices from 
the dates of their respective appointments, for the term of 
one, two and three years, respectively, from the first day of 
July next. The governor shall, in like manner, before the 
first day of July in each year, appoint a commissioner, to 
continue in office for the term of three years from said day, 
and in case of any vacancy occurring in the board by resig- 
nation or otherwise, shall in the same manner appoint a com- 
missioner for the residue of the term, and may in the same 
manner remove any commissioner. 

Section 2. Said commissioners shall have the general 
supervision of all railroads in the Commonwealth, whether 
operated by steam, horse, or other motive power, and shall 
examine the same, and keep themselves informed as to their 
condition and the manner in which they are operated, with 
reference to the security and accommodation of the public, 
and the compliance of tlie several railroad corporations with 
the provisions of their charters and the laws of the Com- 
monwealth. 

Section 3. Whenever, in the judgment of the railroad 
commissioners, it shall appear that any railroad corporation 
fails, in any respect or particular, to comply with the terms 
of its cliarter or the laws of the Commonwealth ; or when- 
ever in their judgment any repairs are necessary upon its 
road, or any addition to its rolling stock, or any addition to 
or change of its stations or station-houses, or any change in 
its rates of fares for transporting freight or passengers, or 
any change in the mode of operating its road and conduct- 
ing its business, is reasonable and expedient in order to pro- 
mote the security, convenience and accommodation of the 
public, said railroad commissioners shall inform such rail- 
road corporation of the improvements and changes, which 
they adjudge to be proper, by a notice thereof in writing, to 
be served by leaving a copy thereof, certified by the com- 
missioners' clerk, with the clerk, treasurer or any director of 
said corporation ; and a report of the proceedings shall be 
included in the annual report of the commissioners to the 
legislature. 

Section 4. It shall be the duty of said commissioners 
upon the complaint and application of the mayor and alder- 
men of any city, or the selectmen of any town, to make an 
examination of the condition and operation of any railroad, 
any part of whose location lies within the limit of such city 
or town ; and if twenty or more legal voters in any city or 
town shall, by petition in writing, request the mayor and 
aldermen of such city, or the selectmen of such town, to 



1869.— Chapter 408. 701 

make the said complaint and application, and the mayor and f,',se^to'com-'^'^" 
aldermen, or the selectmen, refuse or decline to comijly with plain, commis- 
the prayer of the petition, they shall state the reason for iicarinf; had, 
such non-compliance in writing upon the petition, and re- "xlmiiue!'^^ 
turn the same to the petitioners ; and the petitioners may 
thereupon, within ten days from the date of such refusal and 
return, present said petition to said commissioners ; and said 
commissioners shall, if upon due inquiry and hearing of the 
•petitioners they think the public good demands the exami- 
nation, proceed to make it in the same manner as if called 
upon by the mayor and aldermen of any city, or the select- 
men of any town. Before proceeding to make such exami- 
nation in accordance with such application or petition, said 
commissioners shall give to the petitioners and the corpora- 
tion reasonable notice in writing of the time and place of 
entering upon the same. If upon such examination it shall 
appear to said commissioners that the complaint alleged by 
the applicants or petitioners is well founded, tliey shall so 
adjudge, and shall inform the corporation operating such 
railroad of their adjudication, in the same manner as is pro- 
vided in the third section of this act. 

Section 5. The powers and duties conferred and imposed rowers hereto- 

^ . Til • T • 1 fnre conferi'L'd 

upon commissioners appointed by the supreme judicial court, ui.oncommis- 
by sections one hundred and seventeen and one hundred and vt^'te'un this 
eighteen of chapter sixty-three of the General Statutes, and '^"^'''^' 
also upon commissioners appointed under section six of 
chapter two hundred and eighty-four, and section six of chap- 
ter three hundred and twenty-one, severally, of the acts of 
the year eighteen hundred and sixty-seven, and section six 
of chapter three hundred and thirteen' of the acts of tlie year 
eighteen hundred and sixty-eight, are hereby vested in the 
commissioners created by this act. 

Section 6. The several railroad corporations operating RaUroadsto 
railroads within the Commonwealth, shall at all times, on f"rmMHo^nre°' 
demand, furnish said commissioners any information required 'i".iiea by com- 
by them concerning the condition, management and opera- relative to their 
tion of the railroads under their direction and control, re- &c. ° 
spectively, and particularly with copies of all leases, con- 
tracts and agreements for transportation, with express com- 
panies or otherwise, to which they are parties, and also with 
the rates for transporting freight and passengers upon their 
railroads, and upon the railroads with which their railroads 
respectively have connection in business. 

Section 7. Said commissioners shall be provided with an commissioners 
office in the state house, or in some other suitable place in Boston. ^^'^'^ '"^ 
the city of Boston, in which their records shall be kept. In 



702 



1869.— Chapter 408. 



— to be carried 
over railroiwls 
free of charge. 



— to have clerk, 
at salary of two 
thousand dol- 
lars a year. 



Incidental ex- 
penses. 



Commission- 
ers' salary. 



— expenses of, 
including sala- 
ries, to be borne 
by railroads. 



Provisions to 
apply to roads 
operated by 
trustees. 



Commissioners 
to make annual 
report to the 
legislature. 



the discharge of the duties of their office, they shall be 
transported over the several railroads in the Commomvealth, 
free of charge ; they may employ and take with them ex- 
perts, or other agents, whose services they may deem to be 
temporarily of importance ; they shall have a clerk, to be 
appointed by the governor, who shall receive a salary of two 
thousand dollars per annum, payable quarterly out of the 
treasury of the Commonwealth, and whose duty it shall be 
to keep a full and faithful record of the proceedings of said 
board of commissioners, and to serve such notices as may be 
required of him by the commissioners ; and they may draw 
upon the treasurer of the Commonwealth for a sum not ex- 
ceeding five hundred dollars annually, to be expended by 
them in procuring necessary books, maps, statistics, and sta 
tionery, and in defraying expenses incidental and necessary 
to the discharge of the duties of their office. A statement 
of such expenditures shall accompany their annual report. 

Section 8. The annual salary of said commissioners shall 
be four thousand dollars each, payable quarterly from the 
treasury of the Commonwealth. 

Section 9. The annual expenses of said board of com- 
missioners, including salaries, shall be borne by the several 
corporations owning or operating the railroads in this Com- 
monwealth in proportion i;o the income and profits of said 
corporations, for the year next preceding that in which the 
assessment hereinafter mentioned is made. And the tax 
commissioner shall, on or before the first day of July in each 
year, assess upon said corporations their just proportion of 
such expenses, which shall be collected from said corpora- 
tions in the same manner as is provided by law for the 
collection of taxes upon corporations. 

Section 10. The provisions of this act shall be appli- 
cable to any railroad operated by trustees, upon whom 
notices may be served in such manner as the commissioners 
shall determine. 

Section 11. Said commissioners shall, in the month of 
January in each year, make a report to the legislature of 
tlieir doings for the preceding year, containing such facts, 
statements and explanations as will disclose the actual work- 
ing of the system of railroad transportion in its bearing upon 
the business and prosperity of the Commonwealth, and such 
suggestions as to the general railroad policy of the Common- 
wealth, or as to any part thereof, or as to the condition, 
affairs or conduct of any of the railroad corporations of the 
Commonwealth, as may seem to them appropriate. 



1869.— Chapter 409. 703 

Section 12. Nothing in this act contained shall be con- Duties ann na- 
stnicd to affect in any manner or degree the legal duties and road's not to'be 
obligations of any railroad corporation, or its legal liability •'^^''^'^t'^''- 
for the consequences of its neglect or mismanagement, 
whether advised or not by said commissioners. 

Section 13. Said commissioners and clerk shall be sworn commissioners 
to the due and faithful performance of the duties of their swom!*^ 
respective offices before entering upon the discharge of the 
same ; and no person in the employ of any railroad corpora — shaiinotbe 
tion, or owning stock in any railroad corporation, shall hold railroad? or^own 
either of said offices. ^'^^i^ t'^^'"""- 

Section 14. Upon the occurrence of any accident upon Railroads to 
a railroad which shall result in personal injury or loss of life, "i'om^rs'^whMf' 
the corporation operating the road upon which said accident fii persouan"!-* 
shall occur, shall give immediate notice thereof to the com- jury or loss of 

. ~ life 

missioners, whose duty it shall be to investigate the same. 

Approved June 15, 1869. 

An Act to authorize any marrip:d woman to be an executrix, QJiap. 409 

ADMINISTRATRIX, GUARDIAN OR TRUSTEE. ' 

Be it enacted, §'c., as follows : , 

Section 1. Any married woman may be an executrix, Marriedwoman 
administratrix, guardian or trustee, and bind herself and trfx, gulr^dlan, 
the estate she represents, without joining her husband in ^^■ 
any conveyance or instrument whatever, and be bound, in ' 

the same manner, and with the same effect in all respects, as 
if she were sole and unmarried : provided, that no married Proviso. 
woman, whose husband is of sound mind, shall be appointed 
an executrix, administratrix, guardian or trustee, unless her 
husband shall first file his written consent thereto in the pro- 
bate court having jurisdiction of the subject-matter. 

Section 2. The marriage of any woman shall not ex- Marriage of 
tinguish her authority as an executrix, administratrix, guar- ex"thfgui"h*her 
diau or trustee, but she shall continue, notwithstanding "»t''oi;ity '^s 

' .11 . 1 executrix, guar- 

sucli marriage, to hold such trust in all respects in the same dia», &c. 
manner, and with the same effect as if she had remained sole 
and unmarried : provided, hoiuever, that in case of such Proviso, 
marriage, her bondsmen shall have the right, on petition to 
the probate court in which her bond is filed, to be released 
from any further liability on such bond, beyond accounting 
for and paying over the money and property already in her 
hands, by virtue of such trust ; and in case her bondsmen 
petition and are released, as aforesaid, she shall be required 
to furnish a new bond to the satisfaction of the judge of said 
court, or be discharged from said trust. 

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

Approved June 17, 1869. 



704 



1869.— Chapters 410, 411. 



Construction of 
statutes. 



Kepeal not to 
revive statute 
in force before 
act repealed 
took effect. 
Repeal not to 
att'ect punish- 
ment, &c., in- 
curred before 
repeal takes 
effect. 



Chap. 410 An Act to establish certain rules for the construction of 

REPEALING STATUTES. 

Be it enacted, cVc, as follows : 

111 the construction of all statutes hereafter enacted, the 
following rules shall be observed, unless such construction 
would be repugnant to the express terms of the same stat- 
ute, that is to say : 

First. The repeal of an act or resolve shall not revive 
any statute in force before the act or resolve repealed took 
effect. 

Second. The repeal of an act shall not affect any punish- 
ment, penalty or forfeiture incurred before the repeal takes 
effect, or any suit, prosecution or proceeding pending at the 
time of the repeal for an offence committed or for the recov- 
ery of a penalty or forfeiture incurred, under the act re- 
pealed. Approved June 17, 1869. 

Chap. 411 -^N Act to AUTHORIZE CITIES AND TOWNS TO TAKE LAND FOR CER- 
TAIN PUBLIC USES. 

Be it enacted, Sj'c, as follows : 

Section 1. The city council of any city and the inhabi- 
tants of any town, at a town meeting duly held for that pur- 
pose, may select and take any parcel or parcels of land 
within the limits of such city or town, not appropriated to 
public uses, as a place for the erection of a city or town hall, 
for the use of such city or town, or for the enlargement of 
any existing city or town hall lot ; but no lot so taken or en- 
larged shall exceed in extent one acre. The city or town 
shall, within sixty days after such taking, file for record in 
the registry of deeds for the county or district in which the 
land is situated, a description of the land so taken, as cer- 
tain as is required in a common conveyance of land, and a 
statement of the purpose for which such lands were taken, 
which description and statement shall bo signed by the 
mayor of the city or by the selectmen of the town, or a 
major part thereof; and the title of land so taken shall vest 
in such city or town from the time of the filing of said de- 
scription and statement. 

Section 2. All damages sustained by any person by rea- 
son of the taking of any land for the purposes aforesaid, 
shall be paid by the city or town ; and if the mayor and al- 
dermen or the selectmen shall fail to agree upon such dam- 
ages with the owner of such land, the same may be assessed 
and determined by a jury in the manner provided by law in 
the case of the laying out of city or town ways, respectively ; 
and application for a jury may be made at any time w^ithin 
three years after said description and statement shall be re- 



City or town 
may take land 
for building or 
enlarging town 
or city liaU, &c. 



—to file descrip 
tion of land 
taken in regis- 
try of deeds. 



Damages, how 
to be cleter- 
ndued and paid 



1869.— Chapters 412, 413, 414. 705 

corded as above provided. If the damages so awarded shall costs. 
exceed the amount which the city or town may have tend- 
ered him as compensation before the filing of his application 
for a jury, the owner shall recover his costs in the proceed- 
ings for such assessment ; otherwise the city or town shall 
recover costs. 

Section 3. Any parcel of land, taken under authority Land to revert 

• * to owiiGr unless 

of this act, shall revert to the owner, or his heirs or assigns, enclosed, &c., 
unless a city or town hall shall be erected thereon, or unless year^*'^'^^^ 
the same shall be enclosed and devoted to the enlargement 
of an existing city or town hall lot, within three years after 
the recording of the description and statement above pro- 
vided. 

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

Approved June 17, 1869. 

An Act to authorize the town of franklin to pay to Joseph Chap. 412 

p. conant, the sum of three hundred dollars. 
Be il enacted, ifc, as follows ; 

The town of Franklin is hereby authorized to pay to Jiay pay Joseph 
Joseph P. Conant the sum of three hundred dollars, pursu- imncu-ed doi- 
ant to a vote passed by said town on the seventeenth of ^"^^'^' 
April, in the year eighteen hundred and sixty-nine. 

Approved June 17, 1869. 

An Act to confirm the deed of jemima easton to priscilla CAaw. 413 

freeman. 

Be it enacted, §'c., as follows : 

Section 1. The deed of Jemima Easton to Priscilla Free- confirmation of 
man, bearing date the fourth day of December, in the year 
eighteen hundred and sixty-three, recorded in the registry 
of deeds for the county of Dukes, book forty-one, at page 
two hundred and nine, shall have the same force and eifect 
as if the husband of the said Jemima Easton had joined 
witli her in said conveyance. 

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

Approved June 17, 1869. 

An Act to authorize the town of attleborough to take stock Chap. 414 
in the north attleborough branch railroad company. ^ 

Be it enacted, ;Vc., as follows ; 

Section 1. The town of Attleborough is hereby author- May take stock 
ized, when so voting at a legal town meeting duly called for i!J)roughBranch 
the purpose, to subscribe for and hold shares in the capital i^'^iiro'^'^- 
stock of the North Attleborough Branch Railroad 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 of its treasury, and is hereby 

40 



706 



1869.— Chapter 415. 



May raise 
money by loan 
or tax to pay 
for same. 



Committee to 
subscribe for 
shares and east 
vote of town at 
meeting, of 
stockliolders. 



authoi'ized to raise by loan upon bonds, 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 2. The said town of Attleborough may appoint 
a committee, who shall subscribe in behalf of the town for 
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 stock- 
holders 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. 

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

Ajyproved June 17, 1869. 

Chap. 415 -A-N Act concerning the manufacture and sale of intoxicat- 
ing LIQUORS. 
Be it enacted, ^'c, as follows : 



Commissioner, 
how appointed, 
&c. 



— to give bond. 



— to lieep place 
of business in 
Boston, sell to 
agents, &c. 



Liquors to be 
analyzed. 



Commissioner. 

Section 1. The governor, with the advice and consent 
of the council, shall, as soon after the passage of tliis act as 
may be, and thereafter annually in the month of January, 
appoint and commission a competent person as commissioner 
to purchase and sell spirituous and intoxicating liquors, 
of a pure quality, to the several city and town agents ap- 
pointed under the provisions of this act, and to regularly ap- 
pointed agents in cities and towns of other of the New Eng- 
land states, and to no other person. Such commissioner 
shall, unless sooner removed, hold his office for one year, and 
until his successor is appointed and qualified. 

Section 2. The commissioner, within ten days after be- 
ing commissioned, shall file in the office of the treasurer of 
the Commonwealth a bond to the* Commonwealth in the 
penal sum of twenty thousand dollars, with two or more 
good and sufficient sureties to be approved by the treasurer, 
for the faithful performance by him of the requisitions of 
this act. 

Section 8. He shall establish and maintain in the city of 
Boston a suitable place of business, and shall purchase and 
sell to such agents, and to them only for the purposes in this 
act specified, spirituous and intoxicating liquors of a pure 
quality, and unadulterated with any mixture, or noxious or 
poisonous substance. All liquors kept for sale by him shall 



1869.— Chapter 415. 707 

be analyzed by an assayer, appointed as hereinafter provided ; 
and lie shall sell no spiritnoiis or intoxicating liquors, except 
such as said assayer in writing certifies to be pure ; and all 
analyzations of liquor shall be made from samples taken by 
the assayer from original packages purchased by the agent ; 
and all liquors sold by said agent shall be certified by him to 
have been taken from packages so analyzed. His sales shall 
be made for cash, and at a price not exceeding an advance 
of five per cent, upon the actual cost : provided., that all Proviso, 
sales made by the commissioner in less quantity than the 
original package, shall be made at a price not exceeding an 
advance of seven and one-half per cent, upon the actual 
cost. 

Section 4. He shall keep a record, in which shall be —to keep record 
plainly and truly recorded all purchases and sales made by Lies'Tc?, Inl' 
him, the names of the persons of, and to whom, and the ^t^g^" p'^''^' 
prices at which,"'the same were made ; which record shall be at 
all times open to the inspection of the mayor and aldermen 
and selectmen of the cities and towns, and to the prosecut- 
ing officers of the Commonwealth. All packages of liquors 
sold by him shall have his seal affixed thereto before delivery, 
and all liquors so purchased or sold and sealed may be trans- 
ported from place to place. 

Section 5. If he adulterates or causes to be adulterated ^fj"ife*yj?[ 
said liquors, or sells to persons other than those to whom he selling to per- 
is authorized by section first of this act, or at an advance ^°"*"° "^^^ ^• 
greater than allowed by this act upon the cost as aforesaid, 
he shall forfeit to the Commonwealth the amount of his bond 
and be imprisoned in the state prison not less than six 
months nor more than five years. And if any person em- 
ployed by him violates any of the provisions of this section, 
such person shall be liable to the same term of imprison- 
ment. 

Section 6. If he, or any person in his employ or on his renaityfor 
premises, sells any adulterated spirituous or intoxicating atedifquors.^'^' 
liquor, they shall l3e liable to the penalties provided in sec- 
tion thirty-three for being a common seller. 

Section 7. He shall not contract any debt or obligation, —not to Con- 
ner incur any liability, on the faith or in behalf of the Com- faftiiof tiie"^ 
monwealth. He shall receive no commission on his sales, ^^^^^' 
but instead thereof shall receive an annual salary of four salary. 
thousand dollars, payable quarterly, on the first days of Jan- 
uary, April, July and October. 

He shall also be entitled to receive, on the first day of Jan- AfWitionaicom- 
uary of every year, a sum equal to seven per cent, upon the p^'^^^*'^'^- 
amount of capital actually required and furnished by him 



708 



1869.— Chapter 415. 



— to import for- 
eign liquors af- 
ter six months. 



— to pay profits 
from sales into 
state treasury. 



— to report 
annually. 



— to appoint 
agents in Bos- 
ton. 



— successor of, 
purchase his 
stock. 



Value of stock, 
how deter- 
mined. 



to establish and maintain the said agency. Said capital shall 
at no time exceed the sum of forty thousand dollars. 

After the expiration of six months from the passage of this 
act, all liquor of foreign production kept or sold by said com- 
missioner, shall be imported by him or under his direction. 

All profits accruing from the sale of liquors by said com- 
missioner shall, after deducting such necessary office and 
incidental expenses as shall be approved by the governor 
and council, be paid into the treasury of the Commonwealth, 
semi-annually, on the first days of Januaiy and July. 

Section 8. He shall annually, on or before the fifteenth 
day of October, report to the secretary of the Commonwealth 
the amount of his sales to city and town agents, in detail ; 
the cost thereof; expenses and profits thereon ; designating 
also the cities and towns to which he has made no sales. 
The report shall be made up to the last day of the preced- 
ing month, shall be printed by the secretary, included with 
the public series of documents, and laid before the legisla- 
ture. 

Section 9. He shall appoint in the city of Boston as 
many agents, not exceeding five, as he thinks the interests 
of the citizens require, who shall have the same powers and 
be subject to the same obligations as agents appointed by the 
mayor and aldermen of cities, and who shall sell only pure 
liquors at the lowest cash prices. Their authority shall not 
continue after the commissioner by whom they are appointed 
ceases to hold his office. 

Section 10. In case of the death, removal, or the expi- 
ration of the term of office, of the commissioner, his succes- 
sor shall purchase his stock of spirituous or intoxicating 
liquors, analyzed and certified as aforesaid, to an amount 
not exceeding twenty-five per cent, of his last year's sales. 

Section 11. If the parties cannot agree upon the value 
of the liquors, it shall be determined by three persons, one 
appointed by the person purchasing, one by the person own- 
ing the liquors, and the third by the two so appointed ; and 
their award shall be binding on the parties. 



Manufacturers 
of liciuors, how 
authorized. 



Authority to Manufacture and Sell for Exportation, &c. 

Section 12. The county commissioners of the several 
counties, and the mayor and aldermen of the city of Boston, 
on the first Monday of July annually, or as soon thereafter 
as practicable, may authorize such persons as apply to them 
in writing, to manufacture spirituous or intoxicating liquors 
at places within their respective jurisdictions, and to sell the 



1869.— Chapter 415. 709 

same in quantities not less than thirty gallons, to be exported 
or to be used in the arts or for mechanical and chemical 
purposes in this Commonwealth, and such authority shall 
conthiue for the term of one year from the date thereof, un- 
less sooner revoked for cause, or annulled as hereinafter pro- 
vided. 

Section 13. Every such person shall receive from the —to receive cer- 
board by which he is so authorized, a certificate giving him boud!° "^'^ ^^^^ 
authority to manufacture and sell spirituous and intoxicat- 
ing liquors as aforesaid, at such place within the jurisdic- 
tion of the board as shall be designated with precision in the 
certificate ; but it shall not be delivered to such person un- 
til he has executed and given to said board a bond with two 
good and sufficient sureties in the sum of six thousand dol- 
lars, in substance as follows : — 

Know all men that we, as principal, and and , 

as sureties, are holden and stand firmly bound to the inhabi- 
tants of the county of , (or city of Boston, as the case may 
be,) in the sum of six thousand dollars, to be paid unto them, their 
successors or assigns, to which payment we bind ourselves, our 
heirs, executors, and administrators, jointly and severally, firmly 
by these presents. Sealed Avith our seals, and dated this 
day of , A, D. . The condition of this obligation is 
such, that whereas the above bounden has been duly author- 
ized to manufacture sjiirituous and intoxicating liquors at , 
in the town (or city) of , and county of , and to sell the 
same in quantities not less than thirty gallons, to be exported, 
or to be used in the arts, or for mechanical and chemical pur- 
poses, or in any quantity to duly authorized agents of cities and 
towns, as by law provided, until the day of , A. D. , 
unless such authority is sooner revoked or annulled : Now, if 
said shall, in all respects, conform to the provisions of law 
relating to the business which he is authorized as above to pur- 
sue, and shall violate no law of the Commonwealth touching the 
manufacture and sale of spirituous or intoxicating liquors, during 
the term for which he is autliorized to manufiicture such liquors 
as above mentioned, then this obligation to be void — otherwise 
to remain in full force. 

Section 14. If the principal in the bond commits a Manufacturer, 
breach of any condition thereof, his certificate shall there- be'^vold'^^amf' *° 
upon become void, and he shall not thereafter be authorized fn guit'^&c p"* 
to manufacture or sell spirituous or intoxicating liquors. If 
upon complaint made to the county commissioners, or the 
mayor and aldermen of Boston, and notice to the principal, 
and a hearing of the parties thereon, any breach of the 
bond appears to have been committed, they shall at the 



710 



1869.— Chapter 415. 



— to keep books 
open to inspec- 
tion, in which 
sales shall be 
recorded. 



expense of the county or city cause the bond to be put in 
suit, and shall make a record that his authority is revoked 
and void ; or they may put the bond in suit without such 
complaint, notice, and hearing. 

Section 15. Every such manufacturer shall keep a book, 
which shall at all times be open to the inspection of the 
board authorizing him to manufacture, in which he shall 
enter the date of every sale of spirituous liquors made by 
him, the name of the purchaser, his residence, and the 
quantity and kind of liquor sold, and if exported, the place 
to which exported and the name of the consignee, sub- 
stantially in the following form : — 



Name 
of Purchaser. 



Residence Quantity and 
of Purchaser. Khid of Liquor. 



Where 
Exported. 



Kame of 
Consignee. 



Purpose of 
Use. 



Record to^be SECTION 16. The clcrks of the commissioners and the 

shiiii'beopento city clcrk of Bostou shall keep a record of the names, resi- 
pubhc inspec- (jgi^ggg^ ^ud Certificates, in full, of all persons authorized by 
said boards respectively to manufacture and sell as provided 
in section twelve, and the names and residences of all agents 
furnished them by city and town clerks ; which record shall 
be open to public inspection at all reasonable times : and 
they shall furnish a list of said names and residences to all 
persons authorized by their boards to manufacture and sell 
spirituous or intoxicating liquors, and to all agents whose 
names have been furnished them as aforesaid. 



Agents for sell- 
ing to be ap- 
pointed auuu- 
aUy. 



Penalty on 
town for not 
appointing. 



Salary. 



City and Town Agents. 

Section 17. The selectmen of every town containing 
less than five thousand inhabitants, may, and the mayor and 
aldermen of every city, and the selectmen of every town 
containing more than five thousand inhabitants, shall, on the 
first Monday of July annually, or as soon thereafter as con- 
venient, appoint for one year, unless sooner removed by the 
board appointing them, one or more suitable persons as 
agents of such place to purchase and sell, at some convenient 
places therein, spirituous or intoxicating liquors to be used 
in the arts, or for medicinal, chemical and mechanical pur- 
poses, and no other ; and if in any year they neglect for 
three months after said date to appoint at least one such 
agent, they shall forfeit one hundred dollars, to be recovered 
to his own use in an action of tort by any person who may 
sue for the same. Each agent shall receive such fixed sal- 



1869.-~Chapter 415. 711 

ary, not dependent in amount upon the sales, as the board 
appointing him shall determine, and in his sales shall con- 
form to such rules and regulations as they may prescribe. 

Section 18. Each agent shall receive from the board co'-tificates and 

. r- • • • bonds. 

appointing him a certificate authorizing him, as the agent of 
such city or town, to purchase and sell at such places therein 
as shall be designated with precision in his certificate, intox- 
icating liquors to be used in the arts, or for medicinal, chem- 
ical and mechanical purposes only ; but it shall not be 
delivered to him until he has executed and given to said 
board a bond, with two good and sufficient sureties in the 
sum of six hundred dollars, in substance as follows : — , 

Know all men that we, , as principal and and ^o"""^ °*" ^°"^' 

, as sureties, are holden, and stand firmly bound to the 
inhabitants of the town of , (or city, as the case may be,) 

in the sum of six hiindred dollars, to be j^aid unto them, their 
successors or assigns, to which jiayment we bind oiirselves, our 
heirs, executors and administrators, jointly and severally, firmly 
by these presents. Sealed with our seals, and dated this 
day of , A. D. . The condition of this obligation is such, 
that, whereas the above bounden has been duly appointed 

an agent for the town (or city) of , to purchase intoxicat- 

ing liquors and to sell the same within, for, and on account of 
said town, (or city,) to be used in the arts, or for medicinal, 
chemical and mechanical purposes, and no other, until the 
day of , A. D. , unless sooner removed from said agency : 
Now, if the said shall, in all respects, conform to the pro- 

visions of law relating to the business for which he is appointed, 
and to such rules and regulations as now are, or shall from time 
to time be, established by the board making the appointment, 
then this obligation to be void — otherwise to remain in full 
force. 

The city and town clerks shall keep a record in full of all Record of ap- 
such appointments, which shall be open to public inspection 
at all reasonable times ; and they shall, as soon as practi- 
cable after the appointments, furnish a list thereof to the 
county commissioners. 

Section 19. Upon complaint made to the mayor and Bond may be 
aldermen or selectmen, they shall notify the principal, and if authority re^ 
upon a hearing of the parties it appears that a breach of the ^''^'^'^• 
conditions of the bond has been committed, they shall revoke 
and make void his authority ; and at the expense and for the 
use of their city or town, shall cause the bond to be put in 
suit ; or they may put such bond in suit without such com- 
plaint, notice or hearing. 



712 



1869.— Chapter 415. 



Agent to keep 
books of sales 



chases, &c. 



Section 20, Each agent shall keep an account of all 
open to inspec- purchascs of liquors made by him, and shall specify the 
counts of pur- kiuds and quantity purchased, the prices paid, the persons of 
whom purchased, and the dates of the purchases ; and sliall 
also keep a regular account of all the forfeited spirituous 
or intoxicating liquors delivered to him for sale by order of 
any justice or court. He shall keep a book and enter therein 
the date of every sale made by him, the person to whom 
sold, the kind, quantity, and price thereof, and the purpose 
for which it was sold, substantially in the following form : — 



Kind and 
quantity. 



Purpose of use. 



— to purchase 
only of com- 
missioner. 

— town liable 
for liquors or 



Proviso. 



which book shall at all times be open to the inspection of the 
mayor and aldermen, selectmen, overseers of the poor, 
sheriffs, constables, and justices of the peace, in such city or 
town. 

Section 21. Each agent shall purchase of the commis- 
sioner appointed under section one, all spirituous or intoxi- 
cating liquor to be sold by him. If any town or city, or 
Ter^^b^agent. their agciit, shall refuse or neglect to pay on delivery for the 
liquors ordered by them of the commissioner, such town or 
city shall be liable to the commissioner for the full value of 
the bill of purchase, with interest after thirty days : provided^ 
however, that the mayor and aldermen of any city, or the 
selectmen of any town, may notify the commissioner, in 
writing, not to sell to any agent of such city or town, except 
for cash, and thereupon such city or town shall not be liable 
for any sales made to such agent, after such notice, unless 
the same are made on the order, by letter, of the mayor and 
aldermen of such city, or the selectmen of such town. Any 
agent purchasing such liquor of any other person, or selling 
such liquor purchased by him of any other person, shall be 
liable to the penalties provided in section thirty-three for 
being a common seller ; and any town or city agent who 
adulterates or causes to be adulterated any of said liquors, 
or sells the same at a greater advance on their cost tlian 
fifteen per cent., shall be subject to a fine of not less tlian 
one hundred nor more than five hundred dollars, and be 
imprisoned in the house of correction not less than six 
months nor more than two years. If any person employed 
by any town or city agent violates any of the provisions of 
this section, he shall be liable to the same punisliment. 



1869.— Chapter 415. 713 

Section 22. The supreme judicial court shall have juris — may be re- 
diction in equity, on complaint of any party interested, to s.T."c.from 
restrain and enjoin any agent who purchases or sells trai-y^toTaw'"'^ 
spirituous or intoxicating liquors in violation of any law of 
this Commonwealth ; and such injunction may be issued by 
any justice of the court in term time or vacation. 

Section 23. Each agent shall annually, on or before the —to make re- 
fifteenth day of October, make a return to the secretary of ^""'' auuuaUy. 
the Commonwealth of the amount and kind of liquors pur- 
chased by him, the date of each purchase, the prices paid, 
and the name of the party of whom purchased ; and if he 
fails to make such return, he shall forfeit a sum not exceed- 
ing one hundred dollars. The returns shall be kept on file 
in the secretary's office, but need not be printed. 

Section 24. Whoever, purchasing spirituous or intoxi- Penalty for 

• makino' false 

eating liquor of any agent, intentionally makes a false state- statement to 
ment regarding the use to which the liquor is intended to be ^s*^^^- 
applied, shall pay a fine of not less than five nor more than 
twenty dollars. 

AssAYER and Inspector of Liquors. 

Section 25. The governor, with the advice and consent inspector and 
of the council, shall annually appoint and commission a HqtfOTTtobe 
competent person as an inspector and assayer of liquors, and nuauy!*^*^ '^^ 
the said person shall not analyze liquors for other parties 
than the Commonwealth, cities and towns, during the term 
of his office. He shall, before receiving his commission, file —to give bond. 
in the office of the treasurer of the Commonwealth, a bond 
to the Commonwealth in the penal sum of ten thousand 
dollars, with two or more good and sufficient sureties, to be 
approved by the treasurer, for the faithful performance of 
the duties of his office. The said inspector shall receive an —salary of. 
annual salary of three thousand dollars, payable quarterly, 
on the first days of January, April, July and October. 

The duties of said inspector shall be to inspect and analyze —duties of. 
all liquors of the commissioner, as provided in section three 
of this act, and also all liquors sent to him by the constable 
of the Commonwealth or any of his deputies, under the seal 
of the agent from whom the said liquors were obtained, as 
hereinafter provided, keeping a record of the result of his 
analysis, and reporting the result of such inspection and 
analysis to the officer from whom the said liquors were re- 
ceived. 

Section 26. It shall be the duty of the constable of the constable of 
Commonwealth, either personally or by deputy, to visit each £" wSt'aJent'*' 

41 



714 



1869.— Chapter 415. 



every three towii aiicl citv ao;ent as ofteii as once in every three months, 

montlis inci •^ o »/ > 

take samples of take Samples of all liquors kept for sale by the said agent, 
gp'"cUon°'' ^"' (allowing the said agent to seal the said samples with the 
seal of his agency,) and forward the same to the inspector 
and assayer of liquors, with a certificate setting forth the 
kinds of liquors sent, from whom they were obtained, and 
the date when obtained ; and upon the receipt of the report 
of the inspection and analysis of said liquors, if it shall be 
found that any of the said samples of liquors were adulter- 
ated, to immediately proceed in a prosecution against the 
said offending agent, as provided in the preceding sections of 
this act. The having adulterated liquors by any of the said 
agents, shall be considered prima facie evidence of the in- 
tent to sell the same. 

All intoxicating liquors, other than cider, malt liquors and 
wines, containing less than thirty-five per cent, of absolute 
alcohol, shall be considered adulterated within the meaning 
of this act. 



What liquors 
deemed adul- 
terated. 



Foreign liquors 
imported under 
laws of U. S. 
may be sold in 
original pack- 
ages. 



Pure alcohol 
may be sold by 
drug^sts to 
physicians, &c., 
for medicinal 
purposes. 



Chemists may 
keep liquors, 
&c. 



Sale of cider, 
wine, &c. 



Sales, &c., specially authorized. 

Section 27. The importer of liquor of foreign produc- 
tion imported under authority of the laws of the United 
States, may own, possess, keep, or sell, the same, in the orig- 
inal casks or packages in which it was imported, and in 
quantities not less than the quantities in which the laws of 
the United States require such liquor to be imported, and if 
sold by him, the same shall be as pure and unadulterated as 
when imported. 

Section 28. Druggists may sell, for medicinal purposes 
only, pure alcohol to other druggists, apothecaries and phy- 
sicians, known to be such : provided, that they shall keep a 
book in which they shall enter the date and quantity of 
every sale, the name and residence of the purchaser, and if 
exported, the place to which exported, and the name of the 
consignee ; which book shall at all times be open to the in- 
spection of the mayor and aldermen or selectmen. If a 
druggist or the clerk or agent of a druggist is convicted of 
an illegal sale, he shall pay a fine of one thousand dollars. 

Section 29. A chemist, artist or manufacturer, in whose 
art or trade they may be necessary, may keep at his place of 
business spirituous liquors for use in such art or trade, but 
not for sale ; and any person may manufacture or sell, or 
keep for sale, unadulterated wine for sacramental purposes ; 
and any person may manufacture cider, or may sell or keep 
for sale cider, where the same is not sold, or kept with intent 
to be sold, at a public bar or to be drank on the premises. 



1869.— Chapter 415. 715 

Unlawfctl Sales, &g. — Remedies, Punishments, &c. 

Section 30. No person shall manufacture for sale, or sell No person to 

, I , . T manufacture or 

by hnuselr. Ins clerk, servant or agent, directly or nidirectly, stu intoxicat- 
any spirituous or intoxicating liquor, or any mixed liquor o!u being'^ Im- 
part of which is spirituous or intoxicating, unless he is t'^*^"^'^'!* ^<=. 
authorized as provided in this act. Ale, porter, strong beer, 
lager-bier, and all wines, shall be considered intoxicating 
liquors within the meaning of this act, as well as distilled 
spirits ; but this enumeration shall not prevent any other 
pure or mixed liquors from being regarded as intoxicating. 

Section 31. No person shall own, possess or keep, any No person to 
spirituous or intoxicating liquor, with intent to sell the same Hquorswith 
in this Commonwealth, and no owner of such liquor shall »>^te"'^ to seii, 
permit or suffer any other person to keep the same for the 
purpose of selling it in this Commonwealth, unless author- 
ized as provided in this act. 

Section 32. Wiioever, by himself, his clerk, servant or Penalties for 
agent, directly or indirectly, or on any pretence or by any " *** u sa es. 
device, sells, or in consideration of the purchase of any 
other property, gives, to another person sj)irituous or intoxi- 
cating liquor, or mixed liquor part of which is spirituous or 
intoxicating, in violation of the provisions of this act, shall, 
for one violation, pay ten dollars and be imprisoned in the 
house of correction not less than twenty nor more than 
thirty days ; for a second violation, shall pay twenty dollars 
and be imprisoned in the hovise of correction not less than 
thirty nor more than sixty days ; and for any subsequent 
violation, shall pay fifty dollars and be imprisoned in the 
house of correction not less than three nor more than six 
months ; and if in any case the fine and costs are not paid, 
the imprisonment shall be extended thirty days. Whoever 
in the employment or on the premises of another violates 
any provisions of this section, shall be held equally guilty 
■with the principal, and suffer the same punishment. 

Section 33. Whoever is a manufacturer of spirituous Penalty for be- 
er intoxicating liquor for sale, or a common seller thereof, ture^^o" com- 
in violation of the provisions of this act, shall for one viola- "^o"^ s'^ue'^' 
tion, pay fifty dollars and be imprisoned in the house of 
correction not less than three nor more than six months ; 
for a second violation, shall pay the sum of two hundred 
dollars and be imprisoned six months in the house of 
correction ; and for any subsequent violation, shall pay the 
sum of two hundred dollars and be imprisoned twelve 
months in the house of correction in the county where 
the offence was committed. Whoever in the employment 
or on the premises of another violates the provisions of 



716 1869 —Chapter 415. 

this section, shall be held equally guilty with the principal, 
and shall suffer the same punishment. Three several sales 
of spirituous or intoxicating liquors to one or more persons 
shall be sufficient evidence of a violation of this section, but 
this shall not prevent proof of the same by other evidence. 
^^veriU parties SECTION 34. The uamcs of all the parties cliarged with 
may be inciuri- auv offcucc, uudcr either of the two preceding sections, and 

ed in same com- r-o ^ • ^ ^ ^ • ,^ i • , 

phiiut.and sev- ouc Or morc oiienccs, may be nicluded in the same complanit 
mal'beTriedat ^r indictment, and may be tried at the same time. Who- 
same time, &c. gvcr is couvictcd of morc than one offence on the same com- 
plaint or indictment, or on different indictments, at the same 
or any other terms of the court, shall be subject to the same 
punishments as if he had been successively convicted on as 
many complaints or indictments at different terms of the 
Aggregate of court as there are offences of which he is convicted ; but the 

imprisonment . „ . . , , ' 

at one term of wliolc aggregate tcmi 01 imprisonment under any one com- 
ceed one y^ir!' plaint OF indictment, or at any one term of the court, for 

violations of the provisions of either section, shall never 

exceed one year. 
Delivery to be SECTION 35. In all cascs Under this act, delivery of in- 

prima facte evi- ..... , ' •' 

dence of sale, toxicatiug liquor 111 or from any building or place, other 
than a private dwelling4iouse or its dependencies, or in such 
dwolling4iouse or dependencies, if part of the same is a 
tavern, public eating-house, grocery, or other place of com- 
mon resort, shall be deemed prima facie evidence of and 
punishable as a sale ; and a delivery in or from a private 
dwelling4iouse with payment or promise of payment either 
express or implied, on, before or after such delivery, shall be 
deemed prima facie evidence of and punishable as a sale. 
Penalty for SECTION 36. Whocver owus, posscsscs or kccps any spir- 

ingUquor wuii ituous or iutoxicatiug liquor, with intent to sell the same 
intent to seu. coj^trary to the provisions of this act, shall be fined ten dol- 
lars and imprisoned twenty days in the house of correction, 
and shall be imprisoned twenty days longer if said fine and 
costs are not paid. A complaint may be made and prosecuted 
under this section, whether any liquor has been seized as 
being owned or kept by the person complained against or not. 
—for receiving SECTION 37. Whocvcr, for thc purposc of couvcyiug to 

liquorunlawtul- ., . • -^ • i • ,• ^• 

ly sold, to,i)e another person, receives any spirituous or intoxicating liquor 
Inotiierpe^son. wliich has been sold or is intended for sale in violation of 
this act, having reasonable cause to believe that the same has 
been so sold, or is so intended for sale, shall, on conviction 
thereof, either in the place where the liquor is received or in 
any place through which it is carried, or in the place at 
which it is delivered to the purchaser or to any person for 
liim, pay a fine of twenty dollars. 



1869.— Chapter 415. 717 

Section 38. Whoever, having authority from a raih'oad -f*" '■'^''ro^'i 

. . 1 r 11 corporations, 

corporation to receive goods to be transported by such cor- their servants, 
poration, receives, for tlie purpose of having the same trans- 
ported on such railroad, any spirituous or intoxicating liquor 
sold or intended for sale in violation of this act, having rea- 
sonable cause to helieve that the same has been so sold or is 
so intended for sale, shall be liable to the penalty prescribed 
in the preceding section ; and the corporation shall also be 
liable to pay a fine of fifty dollars, to be recovered by indict- 
ment or complaint in any county in which such liquor has 
been received or into which it is carried. 

Section 39. Whoever brings into this Commonwealth, or —for bringing 

p 1 .1 ?, 1 • ,1 • -i liquor into the 

conveys irom place to place within the same, any spirituous state, with in- 

or intoxicating liquor, with intent to sell the same himself *'*^"* *^° *^'^' ^''" 

or to have it sold by another, or having reasonable cause to 

believe that the same is intended to be sold in violation of 

this act, shall be punished for the first and each subsequent 

offence in the manner provided in section thirty-two for any 

person illegally selling sj^irituous or intoxicating liquor. 

Section 40.' The husband, wife, parent, child, guardian —for selling to 
or employer, of any person who has or may hereafter have JiHiik'to excess, 
the habit of drinking spirituous or intoxicating liquor to wrinng^haV"^ 
excess, may give notice in writing signed by him or her to i^^en given. 
any person not to deliver spirituous or intoxicating liquor to 
the person having such habit. If the person so notified at 
any time within twelve months after such notice delivers any 
such liquor to the person having such habit, the person giv- 
ing the notice may in an action of tort recover of the person 
notified any sum not less than twenty-one nor more than five 
hundred dollars, as may be assessed by the jury as damages. 
A married woman may bring such action in her own name, 
notwithstanding her coverture, and all damages recovered by 
her shall go to her separate use. In case of the death of either 
party, the action and right of action given by this section 
shall survive to or against his executor or administrator. 

Section 41. If a person in a state of intoxication com- Persons unLw- 
mits an assault and battery, or injures any property, whoever liqiior'uajbie'fof 
furnished him with any part of the spirituous liquor which byTiftoxicated 
occasioned his intoxication, if the same was furnished in viola- persons. 
tioii of this act, shall be liable to the same action by the party 
injured as the person intoxicated would be liable to ; and the 
party injured, or his legal representatives, may bring either a 
joint action against the person intoxicated and the person 
who furnished the liquor, or a separate action against either. 

Section 42. If a person is found in a state of intoxica- intoxicated 
tion in a public place, or is found in any place in a state of arrl^ted wwi^^ 
intoxication committing a breach of the peace, or disturbing certaTn^aseV.'^ 



718 1869,— Chapter 415. 

others by noise, any sheriff, deputy sheriff, constable, watch- 
man or pohce officer shall without a warrant take him into 
custody, and detain liim in some proper place until, in the 
opinion of sucli officer, he is so far recovered from his intox- 
ication as to render it proper to carry him before a coui't of 
justice. The officer shall then take him before some justice 
of the peace or police court in the city or town where he 
has been found, and shall make a complaint against him for 
the crime of drunkenness. 
— tobedis- Section 43. If such person then discloses fully the name 

charged if they „, o ^ i ±-\ ±- i ^ 

disclose name, 01 tlic persou 01 wliom, and tlie tmie, place and manner in 
wiey p^-ocured which, the liquor producing his intoxication was procured, 
liquor. g^,j(j q^\ circumstaiices attending it, the justice or court shall 

administer to him the oath provided for witnesses, and inter- 
rogate him in the presence of the officer; and if it appears 
to the officer and magistrate that either of the offences speci- 
fied in sections thirty- two or thirty-three has been committed, 
the officer shall file his complaint for the commission of such 
offence, before said justice or court, against the persons who 
appear to have been guilty thereof, and the person so dis- 
closing shall be named as one of the witnesses. Tlie officer 
shall thereupon discontinue his prosecution for drunkenness, 
and the person arrested shall be discharged, and shall not be 
liable to be prosecuted again for the same offence. 
seRrchwar- SECTION 44. If two pci'sons, of full age and competent to 

issued upon testify, makc compUunt uudcr oath or affirmation, before a 
deroati"of'" justice of tlic pcacc or police court, that they have reason 
fuu a'gT""^ °^ ^^ believe, and do believe, that any spirituous or intoxicating 
liquor, described in the complaint, is kept or deposited by a 
person named in the complaint in a store, shop, warehouse, 
building, vehicle, steamboat, vessel, or place, and intended 
for sale contrary to the provisions of this act, such justice or 
court, upon its appearing that there is probable cause to be- 
lieve said complaint to be true, shall issue a warrant of 
search to any sheriff, deputy-sheriff, city marshal, chief of 
police, deputy chief of police, deputy marshal, or constable, 
commanding him to search the premises in which it is 
alleged such liquor is deposited, and to seize such liquor 
with the vessels in which it is contained, and securely keep 
the same until final action is had thereon, and return the 
warrant with his doings thereon as soon as may be to the 
same or some other justice or police court in the place where 
such liquor is alleged to be kept or deposited. 
— nottoissueto SECTION 45. No Warrant shall issue for the search of a 

searcli dwell- 
ing-house, un- dwelling-house, unless a tavern, store, grocery, eating-room, 

**' *'■ or place' of common resort is kept therein ; and no warrant 



1869.— Chapter 415. 719 

shall issue for the search of a dwelling-house unless one of 
the complainants makes oath or affirmation that he has rea- 
son to believe, and does believe, tliat such liquor has been 
sold therein or taken therefrom for the purpose of being sold 
by the occupant, or by his consent or permission contrary to 
law, within one month next before making such complaint, 
and is then kept therein for sale contrary to law by the per- 
son complained against. The complainant shall in his oath 
or affirmation state the facts and circumstances on which 
such belief is founded, and such allegations shall be recited 
in the complaint and warrant. 

Section 46. In all cases the complaint shall particularly piacetobe 
designate so as to identify the building, structure, and place, deslguatedia^ 
to be searched, the liquors to be seized, the person by whom complaint. 
they are owned, kept or possessed, and intended for sale, and 
shall allege the intent of such person to sell the same con- 
trary to the provisions of this act. Tlie warrant shall be 
supported by the oath or affirmation of the complainant, and 
shall allege that probable cause has been shown for the issu- 
ing thereof; and the place to be searched, the liquors to be 
seized, and the person believed to be the owner, possessor, or 
keeper of such liquors, intending to sell the same contrary 
to the provisions of this act, shall be set out therein by 
special designation and with the same particularity as in the 
complaint ; and the offence both in the complaint and war- 
rant shall be fully, plainly, and substantially described, and 
the complainants shall be summoned to appear as witnesses. 

Section 47. The officer to whom the warrant is com- officertosearch 
mitted shall proceed to search tlie premises and seize the riquorsr&cT^** 
liquor described in the warrant, with the casks or other ves- 
sels in which it is contained, if they are found in or upon 
said premises, and shall convey the same to some place of 
security, where he shall keep the liquor and vessels until 
final action is had thereon. 

Section 48. If in the opinion of the justice or court be- if liquor and 
fore which the warrant is returned, the value of the liquor afnotexceel 
seized, with the vessels containing it, does not exceed twenty ^^tten notice 
dollars, a written notice under seal, and signed by the justice to issue to keep- 
er the clerk of said court, shall be issued within twenty-four seized.^*^^"'^ 
hours after such seizure, commanding the person complained 
against as the keeper of the liquor seized and all other 
persons claiming any interest therein, or in the casks or 
vessels containing the same, to appear before said justice 
or court, at a time and place therein named, to answer to 
said complaint, and show cause, if any they have, why such 
liquor, with the vessels containing it, should not be forfeited. 



720 



1869.— Chapter 415. 



Notice, what to 
contain, liow 
served, &c. 



New notice may 
issue in certain 
cases. 



Claimant of 
liquor may 
appear. 
Trial, forfeit- 
ure, &c. 



Certain liquors 
forfeited to be 
delivered to 
agents for sale, 
and others to 
be destroyed. 



Section 49. The notice shall contain a description of 
the number and kind of vessels, the quantity and kind of 
liquor seized, as nearly as may be, and shall state when and 
where they were seized. It shall be served by any sheriff, 
deputy-sheriff, constable or police officer, upon the person 
charged with being the keeper thereof, by leaving an attested 
copy of the same with him personally or at his usual place 
of abode, if an inhabitant of this state, and by posting up 
an attested copy on the building in which the liquor was 
seized, if it was found in any building, otherwise in some 
public place in the city or town where the liquor was seized, 
and by publishing an attested copy at least twice in some 
newspaper printed in the county where the seizure is njade, 
if there is any such paper. The posting up of the notice, 
and the serving the same on the party complained of as 
keeper, and the first publication in the newspaper, shall be 
not less than fourteen days before the time appointed for the 
trial. 

Section 50. If at the time appointed for trial said notice 
has not been duly served, or other sufficient cause appears, 
the trial may be postponed to some other day and place, and 
such further notice issued as shall supply any defect in the 
previous notice ; and time and opportunity for trial and 
defence shall be given to persons interested. 

Section 51. At the time and place designated in the 
notice, the person complained against, or any person claim- 
ing an interest in the liquor and vessels seized, or any part 
thereof, may appear and make his claim verbally or in writ- 
ing, and a record of his appearance and claim shall be made, 
and he shall be admitted as a party on the trial. Whether 
a claim as aforesaid is made or not, the justice or court shall 
proceed to try, hear and determine, the allegations of such 
complaint, and whether said liquor and vessels, or any part 
thereof, are forfeited. If it appears that the liquor or any 
part thereof was at the time of making the complaint owned 
or kept by the person alleged therein, for the purpose of be- 
ing sold in violation of this act, the court or justice shall 
render judgment that such and so much of the liquor so 
seized as was so unlawfully kept, and the vessels in which it 
is contained, be forfeited to the Commonwealth. 

Section 52. Any liquor so forfeited, which in the opinion of 
said justice or court is suitable for use for medicinal, chemical 
or mechanical purposes, shall, by the authority of the written 
order of the justice or court, be delivered to any agent appointed 
for the sale of spirituous liquors of the city or town in which 
the liquors were seized, to be sold by him and the net proceeds 



1869.— Chapter 415. 721 

paid over to the treasurer of the Commonwealth. If there 
is no such agent in said city or town, the same shall be de- 
livered to any such agent in the state that the justice or 
court may order, to be by him sold, and the proceeds paid 
over in like manner, and the officer to whom such order is 
directed shall make return of his doings in the premises. 
Any such liquor which, in the opinion of the justice or court 
is not suitable for use as aforesaid, shall, by like order, be 
destroyed in the presence of the justice or court, or in the 
presence of some person appointed thereby to witness such 
destruction, and the witness shall join with the officer in 
attesting the fact upon the back of the order by authority 
of which it was done. . 

Section 53. If it is not proved on the trial that all or Liquors seized, 
part of the liquor seized was kept or deposited for sale con- ly kept for sale, 
trary to law, the justice or court shall issue a written order to be returned, 
to the olificer having the same in custody, to return so much 
thereof as was not proved to be so kept or deposited, with 
the vessels in which it is contained, to the place as nearly as 
may be from which it is taken, or to deliver the same to the 
person entitled to receive it ; which order the officer, after 
executing the same, shall return to the justice or court with 
his doings indorsed thereon. 

Section 54. If no person appears and is admitted as a Costs in such 
party as aforesaid, or if judgment is rendered in favor of all ecutions there- 
the claimants who appear, the cost of the proceedings shall °"' 
be paid as in other criminal cases. If .only one party 
appearing fails to sustain his claim, he shall pay all the costs 
except the expense of seizing and keeping the liquor, and an 
execution shall be issued against him therefor. If judg- 
ment is rendered against two or more claimants, of distinct 
interests in the liquor, the costs shall, according to the dis- 
cretion of the justice or court, be apportioned among such 
parties, and executions shall be issued against them severally. 
If such execution is not forthwith paid, the defendant therein 
named shall be committed to the jail, and shall not be dis- 
charged therefrom until he has paid the same and the costs 
of commitment, or until he has been imprisoned thirty days. 

Section 55. The person claiming any such liquors, whose Persons ciaim- 
claim is not allowed as aforesaid, and the person complained have right of 
against, shall have the same right of appeal and to the same ''^i^p*^-'^^- 
court as if he had been convicted of a crime ; but before his —to recognize 
appeal is allowed he shall recognize to the Commonwealth in *'^^"'^*' 
the sum of two hundred dollars, witli good and sufficient 
security or securities, to prosecute his appeal at the court 
appealed to and to abide the sentence of the court thereon ; 

42 



722 



1869.— Chapter 415. 



Proceedings 
when value of 
liquor and ves- 
sels exceeds 
$20. 



Persons illegal- 
ly selling may 
be arrested 
without war- 
rant. 



Officers to en- 
force penalties. 



If officer 
neglects for 
two weeks to 
prosecute, per- 
son prosecuting 
entitled to all 
fines imposed. 



Public officers 
to arrest per- 
sons illegally 
selling liquor at 
public gather- 
ings. 



and upon such appeal any question of fact shall be tried by 
a jury. On the judgment of tlie court after verdict, whether 
of forfeiture of the whole or any part of the liquor and ves- 
sels seized, or otherwise, similar proceedings shall be had as 
are directed in the four preceding sections. 

Section 56. If in the opinion of the justice or court be- 
fore which a warrant is returnable under which any liquor 
has been seized, the value of the liquor seized with the ves- 
sels containing it exceeds twenty dollars, a notice shall be 
issued and served as directed in sections forty-eight and 
forty-nine, except that the same shall be made returnable to 
the term of the superior court to be held in the county next 
after the expiration of fourteen days from the time of issu- 
ing the notice. The court before which the notice is made 
returnable shall have jurisdiction of the case, and may pro- 
ceed therein in the manner directed in sections fifty, fitty-one, 
fifty-two, fifty-three and fifty-four, as nearly as may be, and 
with a jury, upon any issue of fact presented by the claim- 
ant or directed by the court. 

Section 57. Any mayor, alderman, selectman, deputy- 
sheriff, chief of police, deputy chief of police, city marshal, 
deputy or assistant-marshal, police officer, constable, or 
watchman, in his city or town, may without a warrant arrest 
any person whom he finds in the act of illegally selling, 
transporting, or distributing intoxicating liquors, and seize 
the liquors, vessels, and implements of sale, in the possession 
of said persons, and detain them in some place of safe keep- 
ing until warrants can be procured against said person and 
for the seizure of said liquor, vessels, and implements, under 
the provisions of this chapter. Tlie several officers aforesaid 
shall enforce or cause to be enforced the penalties provided 
in this chapter, against every person guilty of any violation 
thereof of which they can obtain reasonable proof. If any 
sheriff, deputy-sheriff, chief of police, deputy-chief of police, 
constable, or police officer, after being furnished with a 
written notice of any violation of this act, and the names of 
the witnesses, for two weeks neglects to institute proceedings 
thereon, any person who thereafter makes complaint shall be 
entitled to all fines imposed and collected for said violation. 

Section 58. Every mayor, alderman, selectman, city mar- 
shal, deputy-marshal, sheriff, deputy-sheriff, police officer, and 
constable, who has information that any intoxicating liquors 
are kept or sold in any tent, shanty, hut, booth, stall, or 
similar place for selling refreshments, in any public place on 
or near the grounds of any cattle show, agricultural exhibi- 
tion, military muster, or public gathering of any kind, shall 



1869.— Chapter 415. 723 

seize such liquor and the vessels in which it is contained, 
and arrest the keeper of such place, and take him as soon as 
may be before some justice of the peace or police court, with 
the liquor and vessels so found and seized, and make com- 
plaint for tlie arrest and trial of such person and for the 
seizure and confiscation of such liquors, according to the 
provisions of this act. 

Section 59. Whoever is convicted of any offence under Persons con- 
this act in addition to the punishment herein prescribed, nizt^'that they^ 
shall be required by the court or magistrate before whom he wltiiru one" 
is convicted, to recognize to the Commonwealth in a sum not year, &c. 
less than one thousand nor more than two thousand dollars, 
that he will not, within one year from the time of the cou- 
viction, violate any provision of this act or any law of this 
Commonwealth relating to the manufacture and sale of in- 
toxicating liquor, and shall stand committed until he enters 
into such recognizance. 

Section 60. All cases under this act, whether by action, cases under 
indictment, or complaint, which come before any court by precedence in 
original entry or appeal, shall take precedence in said court *'°"'^*' 
of all other business except those criminal cases in which 
the parties are actually imprisoned awaiting a trial ; and the i^oi. pros, not 
prosecuting officer shall not enter nolle prosequi or grant a nor continuance 
continuance in any such case, before or after a verdict, ex- upo'n v^ritt^if^* 
cept where the purposes of justice may require it, to be motion or state- 
shown upon a written motion, filed in the case on behalf of 
the defendant, or a written statement filed by the prosecuting 
•officer, stating the reason for a continuance ; and he shall 
not enter a nolle prosequi except with the concurrence of 
the court. In cases under tliis act before a justice of the 
peace or police court, no admission of the defendant except 
a plea of guilty made in court shall be received on the trial 
without the consent of the prosecutor. 

No case in court for the violation of the provisions of this cases to be dis- 

, n ,• • -li • o ly -li posedof accord- 

act, or 01 sections six, seven, eight or nine oi the eighty- ing to tiieregu- 

seventh chapter of the General Statutes, shall be laid on file JfroceecUng^s^in 
or disposed of except by trial, judgment, acquittal or sen- criminal cases, 
tence, as the case may be, according to the regular course of 
proceedings in criminal cases, unless in any case the pur- 
poses of justice require other disposition thereof, to be shown 
upon a written motion setting forth specifically the reasons 
therefor, and verified by affidavit where facts are relied on ; 
and in such case, the motion shall be allowed only upon the 
certificate of the presiding magistrate or judge, that he is 
satisfied that the cause relied on exists, and that the inter- 



724 



1869.— Chapter 415. 



Exceptions. 



Recognizances 
to be in suit 
within sixty 
days. 



Common 
nuisances. 



Payment for 
liquor Illegally 
sold to be with- 
out considera- 
tion. 



Actions for 
price not main- 
tainable. 



Officers execut- 
ing warrants 
protected, &c. 



Penalty for 
neglecting to 
serve warrants, 



ests of public justice require the allowance thereof, which 
certificate shall be filed in the case. 

It siiall be the duty of the judges, by a frequent examina- 
tion of the dockets of their several courts, to see that the 
provisions of this section are strictly complied witli. 

Nothing in this section shall be construed to affect in any 
way the course of proceedings where exceptions are pending. 

Section 61. District attorneys shall commence suits upon 
all recognizances given under this act in their respective 
districts, within sixty days after default entered of record, or 
after they have satisfactory evidence of any act which should 
cause a forfeiture thereof; and no suit on any recognizance 
shall be continued, unless for good cause satisfactory to the 
court. But nothing herein contained shall prevent the com- 
mencement of such suit after the expiration of said sixty 
days. 

Section 62. All intoxicating liquors kept for sale, and 
the implements and vessels actually used in selling and keep- 
ing the same, contrary to the provisions of this act, are de- 
clared to be common nuisances. 

Section 63. All payments or compensations for spirituous 
or intoxicating liquors sold in violation of law, whether in 
money, labor or personal property, shall be held to have been 
received without consideration, and against law, equity and 
good conscience. No action of any kind shall be had or 
maintained in any court for the price of any liquor sold in 
any other state for the purpose of being brought into this 
Commonwealth to be here kept or sold in violation of law, 
under such circumstances that the vendor would have rea- 
sonable cause to believe that the purchaser entertained such 
illegal purpose ; and all bills of exchange, promissory notes, 
and other securities for and evidences of debt whatsoever, 
given in whole or in part for the price of liquor sold in vio- 
lation of this act, shall be void against all persons holding 
the same with notice of such illegal consideration, either 
direct or implied by law. 

Section 64. No action shall be had or maintained against 
any sheriff, deputy-sheriff, chief of police, deputy chief of 
police or constable, or their assistants, for executing any 
warrant or order issued under this act by any justice or 
court competent to try the same ; nor shall an action be had 
or maintained against any ofBcer for seizing, detaining, or 
destroying any intoxicating liquor, or the vessels containing 
it, unless such liquor and vessels was legally kept by the 
owner thereof. If a sheriff", chief of police or deputy chief 
of police, marshal, constable or other officer to whom any 



1869.— Chapter 415. 725 

warrant, process or precept, provided for in this act, is 
directed, neglects or refuses to serve and execute the same, 
he shall be fined not less than three hundred dollars and not 
exceeding one thousand dollars, and it shall be a sufficient 
cause for removal or dismissal from office. For any loss or indemnity, 
damage arising to him, without fault or negligence on his ciaLfed. ^ 
part, in consequence of obedience to any precept, process or 
warrant aforesaid, duly served, indemnity, if claimed, shall 
be claimed of the Commonwealth after the loss or damage 
sustained, and in no other manner. 

Section 65. Chapter eighty-six of the General Statutes, Repeal 
chapter one hundred and tliirty-six of the acts of the year 
eighteen hundred and sixty-one, chapter two hundred and 
twenty-three of the acts of the year eighteen hundred and 
sixty-five, and chapters one hundred and forty-one, three 
hundred and eleven, three hundred and eighteen, three hun- 
dred and forty-two, and three hundred and forty-four of the 
acts of the year eighteen hundred and sixty-eight, are hereby 
repealed : provided^ that nothing herein contained shall affect Proviso, 
any prosecution now pending, or any penalty or forfeiture 
already incurred. 

Forms of Proceedings. 

Section 66. The following forms may be used in pro- Forms of pro- 
secutions under this act, and if substantially followed, shall '^^^ °^^' 
be deemed sufficient to fully and plainly, substantially and 
formally, describe the several offences in each of them set 
forth, and to authorize the lawful doings of the officers act- 
ing by virtue of the warrants issued in substantial conformity 
therewith ; but this shall not be so construed as to prohibit 
the use of other suitable forms. 

Form for a Complaint for keeping Intoxicating liquor under 
section thirty-six. 

COMMONWEALTH OF MASSACHUSETTS. Complaint for 

keeping liquor 
M , SS. for sale. 

To N. C, Esquire, one of the justices of the peace within and 
for the county of M . 

J. S. of L , in the county of M , in behalf of the Com- 
monwealth of Massachusetts, on oath complains that D. E., of 

said L , on the day of , in the year eighteen 

hundred and , at said L , did keep intoxicating liquor 

with intent to sell the same in this Commonwealth, he, the said 
D. E., not being authorized to sell the same in said Common- 
wealth for any purpose under the provisions of chapter four 
hundred and fifteen of the acts of the year eighteen hundred 
and sixty-nine of this Commonwealth or by any legal authority 



726 



1869.— Chapter 415. 



whatever, against the peace and contrary to the form of the 
statute in such cases made and provided. Wherefore the said 
J. S. prays that a warrant may be issued for the arrest of said 
D. E., :md that he be dealt with as to law and justice may 

appertain. J S — — . 

Received and sworn to, the day of , in the year 

eighteen hundred and . Before N C— — , Justice of 

the Peace. 



Warrant to 
arrest. 



Mittimus. 



Form of icarrant to arrest the party accused on the foregoing 

Complaitit, 

COMMONWEALTH OF MASSACHUSETTS. 

M- 



To the sheriff of any county in the state, or either of 
[l. 8.] his deputies, or either constable of any town in the 

county of M . 

Greeting : 

In the name of the Commonwealth of Massachusetts, you are 

hereby required forthwith to apprehend D. E., of L , in said 

county of M , (if he may be found Avitliin your precinct,) 

who stands charged by the comjilaint of J. S., upon oath, with 
the offence of keeping intoxicating liquors, Math intent to sell 
the same in tliis Commonwealth, contrary to law, and bring him 
before the subscriber, or some other justice of the peace in said 

county of M , to be dealt with as to law and justice may 

ajjpertain. 

You are also required to summon (Here insert the names of 
the witnesses,) and the complainant, to appear and give evidence 
of what they may know touching the matter of said complaint, 
at the time and place you have said D. E., before either of said 
justices for trial. Hereof fail not, and make due return of your 
doings herein. 

Witness my hand and seal, at said L , in the year one 

thousand eight hundred and 

N C , Justice of the Peace. 

Fonn of 3fittimus for keeping intoxicating liquors for sale 
under section thirty-six. 



M- 



COMMONWEALTH OF MASSACHUSETTS. 



To the sheriff of the county of M , his deputies, 

[l. 8.] the constables of the town of L , and the keeper 

of the jail in C , in said county. 

Whereas, D. E., of L , in said county, now stands con- 
victed before me, the subscriber, one of the justices of the peace 
in and for said county of M — — , of keeping intoxicating liquor 

at said L , on the of in the year eighteen hundred 

and , with intent to sell the same in this Commonwealth, 

he not being then and tliere authorized so to sell the same 
under the provisions of chapter four hundred and fifteen of the 



search. 



1869.— Chapter 415. 727 

acts of the year eighteen hnndrecl and sixty-nine of tins Com- 
monwealth, or by any lawful authority whatever; for which 
oftence he, the said D. E., is sentenced by me, the said justice, 
to pay a fine of ten dollars to the use of the Commonwealth, 
and costs of prosecution, taxed at dollar and cents, 

and to be imprisoned twenty days in the house of correction 
in C -, in said county. 

We therefore command you, said sheriff, deputies, and con- 
stables, and each of you, forthwith to convey the defendant, 
D. E., to the house of correction in C , in the county afore- 
said, and to deliver him to said keeper. And you, the keeper, 
are, in like manner, commanded to receive the defendant, D. E., 
(whom we herewith send,) into your custody in said jail, there 
safely to keep him for twenty days, and to keep him twenty days 
longer unless said fine and costs are sooner paid, or until he be 
otherwise discharged by due course of laAV. 

Witness my hand and seal at aforesaid, the day of 

, in the year eighteen hundred and 

N C , Justice of the Peace. 

Form of Complaint to search for intoxicating liquor under sec- 
tion forty-four. 

COMMOiSrWEALTH OF MASSACHUSETTS. Complaint tO 

M , ss. 

To N. C, Esquire, a justice of the peace within and for the 
county of M . 

J. S., and L. P., both of B , in said county of M , and 

both being of full age, and competent to testify, in behalf of the 
Commonwealth of Massachusetts, on oath, complain that they 
have reason to believe, and do believe, that intoxicating liquors, 
to wit : — 

(Here describe the liquors, as a certain quantity of rum, being 
about, and not exceeding, gallons ; a certain quantity of 
gin, being about, and not exceeding, gallons, &c., according 
to the facts) on the day of , in the year one thousand 
eight hundred and , w^ere, and still are ^Q\)t and deposited 
by said D. E., of said B , in a certain , situate 

(Here describe the building or other place, with particulars 
of its location sufficiently to identify it) 

in said B , and occupied by said D. E., and Avhich liquors 

are intended by said D. E. for sale in this Commonwealth, said 
D. E. not being authorized to sell the same in this Common- 
wealth, or to manufacture or keep the same for sale, for any 
pui-j30se under the provisions of chapter four hundred and fif- 
teen of the acts of the year eighteen hundred and sixty-nine of 
this Commonwealth, or by any other legal authority what- 
ever, against the peace of the Commonwealth and the form 
of the statute in such case made and j^rovided ; and said 
complainants pray for a warrant to search said , described 

as aforesaid, for said liquors, and that the same may be de- 



728 1869.— Chapter 415. 

clared to be forfeited, and that said D. E., and all other per- 
sons claiming an interest in said liquors, may be summoned 
to appear before said justice, or some other justice of the 
peace or court having jurisdiction of the case, to show 
cause, if any they have, why said liquors should not be de- 
clared forfeited. 

(If the place intended to be searched be a dwelling-house, 
and no tavern, store, grocery, eating-room, or place of common 
resoi't be kept therein, the complaint should conclude as fol- 
lows : — 

And I, J. S., one of the above-named complainants, on oath, 
say that I have reason to believe, and do believe, that intoxicat- 
ing liquor, such as is above mentioned, has been sold in the 
house above mentioned, (or has been taken from the house 
above mentioned for the purpose of being sold,) by the occu- 
pant of said house, or with the consent and permission of the 
occupant of said house, contrary to law, within one month next 
before this day, and that said liquor above mentioned is now 
kept in said house for sale by said D. E., contrary to law ; and 
my belief aforesaid is founded on the following facts and cir- 
cumstances : — 

(Here let such facts and circumstances be stated.) 

J S . 



Received and sworn to at said B , before me, this 

day of , in the year one thousand eight hundred and ; 

and it appears to me that there is probable cause to believe the 
foregoing complaint to be true. 

N C , Justice of the Peace. 

Forrn of xoarrant to search a dwelling-house, and seize liquors 
therein unlawfully kept for sale. 
Search warrant. COMMONWEALTH OF MASSACHUSETTS. 

M , ss. 

To the sheriff of our county of M , or either of 

[l. s.] his deputies or any constable of the town of B , 

in said county. 

Greeting : 

Whereas J. S. and L. P., both of said B , and both of 

full age, and competent to testify, on the day of , in 

the year one thousand eight hundred and , at said B , 

in behalf of the Commonwealth aforesaid, on oath, complained 
to the undersigned, one of the justices of the peace within and 

for said county of M , that they have reason to believe, and 

do balieve, that on the day of , in the year one thou- 
sand eight hundred and , at said B , intoxicating liquors, 

to wit : — 

(Here describe the liquors, as in the complaint.) 

are kept and deposited by D. E. of said B , in a certain , 

situate 



1869.— Chapter 415. 729 

(Here describe the building or other place, as in the com- 
plaint.) in said B , and occupied by said D. E. as 

a , and that said liquors were, and are, intended for sale by 
the said D. E., in this Commonwealth, contrary to law — he, 
said D. E., not being then and there authorized to sell or manu- 
focture, or keep svich liquors for sale in this Commonwealth for 
any purpose under the provisions of chapter four hundred and 
fifteen of the acts of the year eighteen hundred and sixty-nine 
of this Commonwealth, or by any other legal authority what- 
ever, whereby said liquors have become liable to be forfeited. 

(In case the place to be searched be a dwelling-house, and 
no tavern, store, grocery, eating-room, or place of common 
resort, be kept therein, the warrant should contain the follow- 
ing clause : — ) 

(And J. S., one of the said complainants, has duly made oath 
that he has reason to believe, and doth believe, that intoxicat- 
ing liquors, such as are mentioned in the complaint, have been 
illegally sold in said house, within one month last past, by the 
occupant thereof, (or with the jiermission and consent of the 
occupant thereof, or have been taken from said house for the 
purpose of being sold,) contrary to law, within one month last 
past, and that such liquoi-s are kept and deposited in said house 
by said D. E., and intended for sale in this Commonwealth, con- 
trary to law, and has, in his said oath, stated the following facts 
and circumstances on which his said belief was founded : — ) 

(Here let the facts and circumstances be repeated, as in the 
complaint.) And said complainants have also prayed that due 
process may issue to search for said liquors, and that such fur- 
ther proceeding may be had in the premises as to law and jus- 
tice in that behalf may appertain ; and whereas it appears to 
me, the subscriber, on the complaint aforesaid, that probable 
cause has been shown for the issuing of a warrant of search 
thereupon : — 

These, therefore, are to require you in the name of the Com- 
monwealth, taking with you proper assistants, forthwith to 
enter the herein above described, and make diligent and 

careful search for all the liquors herein above described, nnd, if 
such liquors are found therein, to seize and convey the same, 
and the vessels which contain such liquors, to some place of 
safety, and safely keep the same, to await the final action and 
decision of the court upon said complaint. 

Herein fail not, and make due return of this warrant, with 
your doings thereon. 

Witness my hand and seal at said B , this day of , 

in the year one thousand eight hundred and 

N C , Justice of the Peace. 

(In a warrant for searching any other place besides a dwell- 
ing-house, that part in the foregoing form which relates to the 
means of knowledge of the complainant that a sale had been 
made in the building should be omitted.) 

43 



730 



1869.— Chapter 415. 



Warrant to 
serve notice 
returnable be- 
fore a justice. 



Warrant to officer to 



serve notice tinder sections forty -eight 
and J^orty-nine. 



M- 



[L. S.] 



COMMONWEALTH OF MASSACHUSETTS. 

)S, 

To the sheriff of our coitnty of M , or 

his deputies, or any constable of the 
B , in said county : — 



either of 
town of 



(If the seizure be made in a city, the warrant may be directed 
to the city marshal and other city officers authorized to serve 
it.) 

You are hereby commanded to serve the annexed notice, l)y 
delivering an attested copy thereof into the hands of D. E. of 

B , in the county of M , or leaving an attested copy 

thereof at his usual place of abode, and also by posting up an- 
other attested copy thereof on 

(Here describe the building in which the liquor was seized, 
if it be found in any building ; but if not found in any building, 

say in some public place in said town of B ,) and also by 

publishing an attested copy thereof twice (or more times if 
thought advisable) in the , a newspaper published in said 

B ; and you are hereby commanded to serve said copy on 

said D. E., and to post another copy as above directed, and 
to publish the copy of said notice the first time, at least fourteen 
days before the day of , in the year one thousand eight 

hundred and 

Hereof fail not, and make due return of this warrant, with 
your doings thereon. 

Witness my hand and seal at B , this day of , in 

the year one thousand eight hundred and 



N- 



C- 



Justice of the Peace. 



Form of notice. Form of Noticc tinder sections forty-eight and forty-nine to 
he annexed to the foregoing Warranty and serve as therein 
directed. 

To D. E., of B , in the county of M , and to any and 

all other persons claiming any interest in (twenty gallons of 
rum in a barrel, two gallons of gin in a demijohn, and in said 
barrel and demijohn, or as the case may be,) which, by virtue 
of a Avarrant issued by me, have been seized (at the dwelling- 
house of said D. E., in said B , or as the case may be,) on 

the day of , in-the year eighteen hundred and , the 

value of which rum and gin, with the vessels containing them, 
does not in my opinion exceed twenty dollars. 
You are hereby required to appear at 

(Here name the place appointed for the hearing) 

in said B , at o'clock, M., on the day of in 

the year one thousand eight hundred and , to answer to the 

complaint against said liquors and the vessels containing them, 
and for trial, and to show cause, if any you have, why said 



1869,— Chapter 415. 731 

liqiiors and the vessels containing tliem shonlcl not be forfeited 
for being kept for sale by said D. E., in violation of the laws of 
this Commonwealth. 

Witness my hand at B , this day of , in the year 

one thousand eight hundred and 

N C , Justice of the Peace. 

Warraiit to officer to serve notice under section fifty-six. 

COMMOISrWBALTH OF MASSACHUSETTS. ^rTenotJce 

M , SS. returnable be- 

To the sheriff of our county of M , or either of Surr^"""" 

[l. s.] his deputies, or any constable of the town of 
B , in said CQunty : — 

(If the seizure be made in a city, the warrant may be directed 
to the city marshal and any other city officers authorized to 
serve it.) 

You are hereby commanded to serve the annexed notice, by 
delivering an attested copy thereof into the hands of D. E., of 

B , in the county of M , or by leaving an attested copy 

thereof at his usual place of abode, and also by posting up an- 
other attested copy thereof on 

(Here describe the building in which the liquor was seized, 
if it be found in any building ; but if not found in any building, 

add, in some public place in said town of B ,) and also by 

publishing an attested coj^y thereof twice (or more times if the 
magistrate thinks it necessary) in the , a newspaper pub- 
lished in said B ; and you are hereby commanded to serve 

said copy on said D. E., and to post another copy as above 
directed, and to publish the copy of said notice^ the first time, 
at least fourteen days before the day of , in the year 

eighteen hundred and 

Hereof fail not, and make return of this warrant, with your 
doings thereon, before the justices of our superior court next to 

be holden at C , in and for our county of M , on the 

day of , in the year eighteen hundred and 

Witness my hand and seal at said B , this day of , 

in the year one thousand eight hundred and 

N C , Justice of the Peace. 

Form of Notice under section fifty-six to he annexed to the 
foregoing 'Warrant. 

To D. E., of B , in the county of M , and to any and Form of notice. 

all other persons claiming any interest in (one hundred gallons 
of brandy in two hogsheads, and two gallons of gin in a demi- 
john, and in said hogsheads and demijohn, or as the case may 
be) which, by virtue of a warrant issued by me, have been seized 

(at the dwelling-house of said D. E., in said B^ , or as the 

case may be) on the day of , in the year one thousand eight 
hundred and , the value of which brandy and gin, with the 

vessels containing them, in my opinion exceeds twenty dollars. 



732 



1869.— Chapter 415. 



Warrant for 
delivery of 
liquor to town 
agent, or for 
destruction 
thereof. 



You are hereby required to appear before the justices of the 

superior court next to be holden at C- , in said county of 

M , on the day of next, to answer to the com- 

plaint against said Uquors and vessels containing them, and for 
trial, and to show cause, if any you have, why said liquors and 
vessels should not be forfeited for being kept for sale by said 
B. E., in violation of the laws of this Commonwealth- 
Witness my hand and seal at B-— — , this day of , in 
the year one thousand eight hundred and 



N- 



C- 



Justice of the Peace. 



Form of Warrant to deliver liquor, suitable for chemical^ 
medicinal or mechanical puvposes, to toion agent^ and to t?e- 
stroy liquor misuitable for sicch purposes. 



[L. S.] 



COMMOKWEALTH OF BIASSACHXJSETTS. 



To L. M,, deputy-sheriff, (here name the officer hav- 
ing the liquor in custody,) and S. T., a person ap- 
pointed by N' — — C- — — , a justice of the peace 
for said county, to witness the destruction of certain intoxicat- 
ing liquors. 

Greeting : 

Whereas certain intoxicating liquors, to wit, (ten gallons of 
gin in a barrel, and four gallons of port wine in a demijohn, or 
as the case may be,) have been declared forfeited by me, the 
subscriber, one of the justices of the peace in and for the county 

of M- , for having been kept by D. E., of B , in said 

county of M- — — , at said B — — , on the day of , in the 

year eighteen hundred and , with intent to sell the same in 

this Commonwealth, he not being then and there authorized so 
to sell the same, under the provisions of chapter four hundred 
and fifteen of the acts of the year eighteen hundred and sixty- 
nine of this Commonwealth, or by any lawful authority what- 
ever : whereupon I declared and adjudged among other things, 
that said liquors, with the vessels in which they are contained, 
were forfeited to the Commonwealth, and whereas, after hear- 
ing the evidence in the case, and examining said liquors, I was 
of opinion that a part of said liquors, to wit, said (ten gallons of 
gin,) are suitable for medicinal purposes, and that the rest of 
said liquors, to wit, said (four gallons of port wine,) are not 
suitable for chemical, medicinal, or mechanical purposes :- — 

Now, I hereby command you, said L. M., to deliver said (ten 
gallons of gin) to U. T,, agent of said town of B — — , (or such 
agent as may be appointed,) for the sale of spirituous liquors, 
to be by hira sold according to law, and the net proceeds paid 
over to the treasurer of the Commonwealth ; and I further 
order you, said L. M., to destroy said (four gallons of port 
wine,) in the presence of S. T., a person a])])ointed by me to 
witness the destruction thereof, and make return of your doings 
on this precept. And we command you, said S, T,, to attend 



Chap. 416 



1869.— Chapter 416. 733 

and witness the destruction thei-eof, and to join said L. M., in 
attesting the fact of the destruction of said liquor, in the 
return on tlie back of this precept. 

And make return of this precept, with your doings thereon. 

Witness my hand and seal, at said B , the day of 

, in the year eighteen hundred and 

N C , Justice of the Peace. 

When to take Effect. 

Section 67. This act shall take effect on the first day of ^^^j" ^'^ ^'^^^ 
July next, except so much thereof as relates to the appoint- 
ment of all officers and agents herein provided for, which 
shall take effect upon its passage. Approved June 19, 1869. 

An Act to establish the district court for central berk- 
shire, AND TO REGULATE THE PAYMENT OP SALARIES FOR 
SPECIAL JUSTICES OF POLICE OR MUNICIPAL COURTS. 

Be it enacted, ^'c, as folloios: 

Section 1. A court is hereby established in the town of district court 

T-,. fin T /.iT\''/-^ f r-t ^ t'Stabhshed for 

Pittsfield, under the name of the District Court ot Central central Berk- 
Berkshire, and the towns of Hancock, Lanesborough, Peru, 
Windsor, Hinsdale, Dalton, Pittsfield and Richmond shall 
constitute a judicial district under the jurisdiction of said 
court. Said court shall, except as is hereinafter provided, 
have the same jurisdiction, power and authority, shall per- 
form the same duties and be subject to the same regulations, 
as are provided in respect to existing police courts, except 
the municipal courts of Boston and Worcester, by the one 
hundred and sixteenth chapter of the General Statutes, and 
by all general laws passed in amendment, applicable to the 
several police courts of the Commonwealth ; and all pro- 
visions of law relating to criminal and civil proceedings, the 
taxation of costs, the payment of fines, the expenses of 
court, the accounting and settling with county and town for 
money paid into court as forfeitures or otherwise, and all 
other returns and requirements of law applicable to the 
several police courts of the Commonwealth, except those be- 
fore mentioned, shall apply to the district court of central 
Berkshire hereby established. 

Section 2. Said court shall consist of one standing jus- one standing 
tice and two special justices, to be appointed, commissioned ipeciaUustids* 
and qualified pursuant to the constitution and laws of the to be appointed. 
Commonwealth. 

Section 3. A clerk of said court shall be appointed and cierktobe 
commissioned by the governor, and shall faithfully perform ' 
all services required by law of the clerks of like courts in 
this Commonwealth. 



734 1869.— Chapter 416. 

Either justice SECTION 4. Either of the I'listices of said court may issue 

may issue war- , • n -kt • j • r- ±-i in 

rants. Warrants in all proper cases. JNo justice ot the peace shall 

hereafter be allowed any fees for warrants issued within said 
district, and all warrants so issued shall be made returnable 
before said court. 
Courts, when to SECTION 5. A court shall be held in some suitable place, 
to be furnished by the county of Berkshire, in said Pittsfield, 
for criminal business daily, except on Sundays and legal 
holidays, at nine o'clock in the forenoon, and in the after- 
noon whenever it appears expedient to said justice. The 
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. 
In case of the sickness, interest, absence or other disability 
of the standing justice, one of said special justices shall 
hold said court. Said standing justice shall have power to 
make all proper rules for the conduct of the business of said 
court, and to establish a seal for said court. 
Salary of justice SECTION 6. The standing justice of said court shall re- 
uon oTspeciTi ccivc an aimual salary of sixteen hundred dollars, to be paid 
justices. from the treasury of the Commonwealth ; the compensation 

of the special justices shall be determined and paid in the 
manner now provided by law for special justices of police 
Salary of clerk, courts ; the clcrk of Said court shall receive an annual salary 
of six hundred dollars, to be paid from the treasury of the 
Commonwealth. 
Original concur- SECTION 7. Said court shall also have original concurrent 
wuiVsuperfor°° jurisdiction with the superior court in the county of Berk- 
debt!&c!"i'oes shire in all cases where the debt or damages demanded, or 
not exceed §200. property rcplcvicd, does not exceed in value two hundred 

dollars. 
Cases pending SECTION 8. All cascs pending at the time this act shall 
of rw'sflekito take full effect, whether civil or criminal, in the police court 
^odiftrict""^ of the town of Pittsfield, shall be transferred to and have 
court. (Jay ii^ the proper day and term of the district court of cen- 

tral Berkshire, and all writs, processes, complaints, petitions 
and proceedings whatever, which are made returnable to or 
to be entered in said police court, shall be returnable to, 
entered and have day in the proper day and term of said 
district court, and all judicial writs and processes, and copies 
founded upon the records of said police court, shall issue 
under the seal of said district court in like manner and to 
the same effect as the same might have issued from said 
police court if this act had not passed ; and all writs and 
processes may be made returnable to the several days and 
terms of said police court till this act shall take full effect, 



1869.— Chapter 416. T35 

and then all such writs and processes shall be made return- 
able to the days and terms herehi established. 

Section 9. The records of the said police court of the Records of 
town of Pittsfield shall be placed and remain in the custody be tnuisftrn.-d. 
of the clerk of the said district court of central Berkshire. 

Section 10. All laws establishina- the police court of (>" .'^^^ estab- 

T->. ^ T -, . . . . T . y^ ^ n lisluug police 

Pittsfield or giving jurisdiction to said court, except so tar court m pitts- 
as it 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 re- 
pealed from the day this act shall take full effect, and if on 
said day any term of said police court should 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 district court. 

Section 11. All proceedings duly commenced before any Proceedings 
trial justice or justice of the peace for the county of Berk- jJeforTtr'iai 
shire within said district before this act shall take full effect, i"e prolec^te'd,*' 
shall be prosecuted and determined as if this act had not &c. 
been passed. 

Section 12. No writ or process issued by said district Processes 

... .. ^ -,. iii-i 1 issued by court 

court 111 civil actions or proceedings, shall run into or be not to run be- 
served in any county other than Berkshire county, except as count^^except, 
provided in section seven of chapter one hundred and twenty, ^*'- 
and ill section 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 Berkshire county, except 
as above provided, if the plaintiff finally recovers a sum not 
exceeding twenty dollars for debt or damages, he shall be en- 
titled to no costs except as is provided in the following sec- 
tion, but the defendant shall recover the costs to which he 
would have been entitled if he had been the prevailing party. 

Section 13. If the plaintiff's claim in a writ served upon Recovery of 
the defendant out of Berkshire county as established on the Lg twenty doi- 
trial exceeds twenty dollars and is reduced to that amount j-eljua^t ifolit 
or less, or overbalanced by set-offs which could not have been ^t county, to 
proved in payment, it shall be considered for the purposes of 
the preceding section as having exceeded twenty dollars, and 
the party who finally recovers judgment in the suit shall be 
entitled to his costs. 

Section 14. The justice of said district court, and each Justice may 
of the justices of the police courts and municipal courts in exc^eediiige'igi*it 
the Commonwealth, may retain to their own use from the ?Juuf,a"la°ary 
fees received in said courts, all sums paid by them for ser- for payment of 
vices of any special justices: provided, the sum so retained speciai'justices, 
shall not in any one year exceed eight per centum of the 



736 1869.— Chapters 417, 418. 

annual salary of such justice. But no justice or clerk of 
said courts shall receive any compensation, besides his 
regular salary or allowance, for making or issuing in any 
capacity complaints, warrants, subpoenas, or other process, 
which he is by law authorized to issue, or for any service 
performed by him in the discharge of his official duties in 
said courts. 

^,|^ien to take SECTION 15. This act shall take effect, so far as the ap- 
pointing, commissioning and qualifying the standing justice, 
special justices and clerk of said district court are concerned, 
upon its passage, and it shall take full effect on the first day 

Proviso. of October next : provided^ that payment of the salaries 

shall be only from the said first day of October. 

Ajyproved June 19, 1869. 

Chap. 4:11 ^^ -f^CT TO REPEAL CHAPTER THREE HUNDRED AND FORTY-SIX OF 

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SIXTY-EIGHT, 

CONCERNING THE DISSOLUTION OR DISMEMBERMENT OF FIRE 
DISTRICTS. 

Be it enacted, ^'c, as folloivs: 

Eepeai of 1868, Chapter three hundred and forty-six of the acts of the year 
eighteen hundred and sixty-eight, entitled an act to provide 
for the dissolution or dismemberment of fire districts in cer- 

Proviso. tain cases, is hereby repealed : provided, however, that such 

repeal shall not affect any proceedings already commenced 
under said act, nor shall any portion of a fire district, which 
has already voted to withdraw from such district, be de- 
prived thereby of any rights or remedies to which they 
would have been otherwise entitled under said act. 

Approved June 19, 1869. 

Chap. 418 An Act concerning proceedings in writs of dower. 

Be it enacted, cVc, as follows : 

When demand- SECTION 1. If the demandant in a writ of dower recovers 
jl!dgm«it7or judgment for her dower, she shall in the same suit recover 
ha^e'^damages'^ damages for its detention, to be assessed by a jury under the 
tor detention, (ji^-ection of the court, unless the parties shall file a written 
agreement in court that the commissioners hereafter named 
shall assess said damages. 
Interlocutory SECTION 2. If upou dcfault or the trial of an issue, it 
awfS*"''*' appears that the demandant is entitled to her dower, the 

court shall award the interlocutory judgment therefor. 
Three commis- SECTION 3. Wheu the iutcrlocutory judgmcut named in 
out dower and the preceding section is entered, the court shall issue its 
fordetentiou"''' Warrant, and shall appoint three disinterested persons as com- 
missioners to set out said dower, equally and impartially, 
and as conveniently as may be, according to their best skill 



1869.— Chapter 419. 737 

and judgment, and to award damages for its detention if an 
agreement has been filed as provided in the preceding section. 

Section 4. Said commissioners, before proceeding to the commissioners 
execution of their duties, shall be sworn faithfully and ^° 
impartially to execute the same, a certificate of which oath 
shall be made on the warrant by the person who administers 
it. 

Section 5. The commissioners shall give sufficient notice, —to notify par- 
of the time and place appointed for setting out the dower, to 
the parties to the suit. 

Section 6. All the commissioners shall meet for the per- —acts of major- 
formance of any of their duties, but the acts of a majority vaiid.'^° 
shall be valid. 

Section 7. The commissioners shall make a return of ^^.^^f'^^jQi^gg 
their doings, with the damages, if any, assessed by them, to court. 
under their hands, together with their warrant, to the court 
from which said warrant was issued. If their report is con- 
firmed, judgment shall be rendered that the assignment of 
dower shall be firm and effectual during the life of the de- 
mandant, and for the damages as assessed by said commisr 
sioners. 

Section 8. Any party aggrieved by any judgment ren- k'^w of appeal 
dered in the superior court under section second of this act, matter of Taw ^ 
or upon a report of the commissioners aforesaid, may appeal the record.^°^ 
therefrom, in any matter of law apparent upon the record, to 
the supreme judicial court ; but upon an appeal from the 
judgment upon the report of the commissioners, the interloc- 
utory judgment that dower shall be set out, shall not be 
drawn in question. 

Section 9. The demandant shall have execution for the Execution for 
damages assessed, either by the jury or the commissioners, costsT*^* '^^ 
after judgment is rendered therefor, and for costs of suit. 

Section 10. The fourth and seventh sections of chapter Repeal. 
one hundred and thirty-five of the General Statutes are 
hereby repealed. Approved June 21, 1869. 

An Act to amend the form of returns required of railroad QJian. 419 

CORPORATIONS OTHER THAN STREET RAILWAYS. '■ 

Be it enacted, ^-c, as follows : 

Section 1. The form of returns now required of railroads Form of returns 
other than street railways shall be amended as follows : amended. 

Under the head of capital stock and debts, the first item 
shall read, " capital stock authorized ; " and after the sixth 
item as it now stands shall be inserted, " amount realized in 
cash value for stock issued ; " and after the fifteenth item as 
it now stands, shall be inserted, " whole amount in cash 
44 



738 1869.— Chapter 420. 

value realized from funded and floating debts ; " and " whole 
amount in cash value realized from stock and debts." 

Under the head of cost of road and equipment, after the 
forty-eighth item as it now stands, shall be inserted, 
" amount of discounts or other sacrifices on stock and bonds 
issued ; " and after the fiftieth item as it now stands shall 
follow a specification of assets, such as " cash and loans," 
" stocks and bonds," " real estate," " fuel," and other large 
items ; also another item, " income expended in construction 
and equipment." 

Under the head of characteristics of road, in place of the 
fifty-first item as it now stands, shall be inserted, " length of 
main road in this state," and " length of main road in other 
states, specifying how much in each ; " and the length of 
branches required by the fifty-fourth item as it now stands, 
shall specify also the " length of branches in this state and 
each other state ; " and also after the fifty-fifth item as it 
now stands, shall be inserted, " length of roads belonging to 
other companies operated by this company," and " total 
miles of road operated by this company." 

And all the items under the heads of doings during the 

year, expenditures for working the road, motive power and 

cars, miscellaneous, and income during the year, shall be 

made up for the " total miles of road operated by this 

company ; " and after the one hundred and forty-seventh 

item as it now stands, shall follow a specification of what 

said surplus consists of, such as " cash and loans," " stocks 

and bonds," " real estate," " fuel," and other large items. 

Secretary of SECTION 2. After the first dav of December, in the year 

ney-generai to eighteen hundred and sixty-nine, all railroads subject to the 

against rau-^ authority of tliis Commonwealth shall make their returns 

compiy^^'^^ *° strictly according to the forms provided by law; and no 

railroad company shall be allowed to plead in excuse for not 

conforming thereto, that they do not keep their books so as 

to make such returns ; and the secretary of state and the 

attorney-general shall enforce the provisions of the laws 

against any railroad company not conforming thereto. 

Approved June 21, 1869. 



Chap. 420 



An Act to establish a state board of health. 

Be il enacted, §'c., as follows : 

Board of health SECTION 1. The govemor, with the advice and consent of 
and vital statis- ^^^^ council, shall appoint seven persons, who shall constitute 

the board of health and vital statistics. The persons so 
Proviso. appointed shall hold their offices for seven years : provided, 

that the terms of office of the seven first appointed shall be 



1869.— Chapter 420. 739 

so arranged that the term of one shall expire each year, and 
the vacancies so created, as well as all vacancies occurring 
otherwise, shall be filled by the governor, with the advice 
and consent of the council ; but any one may be reappointed. 

Section 2. The board shall take cognizance of the inter — tomakesani- 
ests of health and life among the citizens of this Common- tfon/^Ic^/anci 
wealth. They shall make sanitary investigations and }^fure.^° ''^°^^' 
inquiries in respect to the people, the causes of disease, and 
especially of epidemics and the sources of mortality and the 
effects of localities, employments, conditions and circum- 
stances, on the public health ; and they shall gather such 
information in respect to those matters as they may deem 
proper, for diffusion among the people. They shall advise 
the government in regard to the location of any public 
institutions. They shall, in the month of January, make 
report to the legislature of their doings, investigations and 
discoveries during the year ending December thirty-first, 
with such suggestions as to legislative action as they may 
deem necessary. 

Section 3. The board shall meet at the state house once —to meet once 

,1 ii 1 1 vt. ii 1 in three months 

in three months, and as much oitener as they may deem and serve witii- 
expedient. No member except the secretary shall receive Oj^^t^compensa- 
any compensation, but the actual personal expenses of any 
member while engaged in the duties of the board shall be 
allowed and paid. 

Section 4. It shall be the duty of the board, and they —to examine 
are hereby instructed, to examine into and report what, in upmulie^ettfect* 
their best judgment, is the effect of the use of intoxicating beverage. '^^''^ 
liquor, as a beverage, upon the industry, prosperity, happi- 
ness, health and lives of the citizens of the state. Also, 
what additional legislation, if any, is necessary in the 
premises. 

Section 5. The board shall elect a secretary, either from secretary of 
their own number or otherwise ; but when elected he shall ties, c'ompeusa- 
be a member of the board and their executive officer. He *^°"' ^^' 
shall perform and superintend the work prescribed in this 
law, and such other duties as the board may require. He 
shall receive from the treasury, in quarterly payments, an 
annual salary of twenty-five hundred dollars and his necessary 
travelling expenses incurred in the performance of ofiicial 
duties, after they have been audited by the board and 
approved by the governor and council, and all other necessary 
expenses arising in his office shall be paid out of the treasury 
in the same manner as those of the different departments of 
the government. 

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

Ajiproved June 21, 1869. 



740 



1869.— Chapter 421. 



Chap. ^21 



Bridges over 
Merrimack 
River to be 
maintained in 
accordance 
with award of 
county commis- 
sioners. 



Account of ex- 
penses to be 
kept, and, if 
commissioners' 
award is set 
aside, expenses 
to be refunded 
to towns. 



County commis- 
sioners to exam- 
ine bridges, and 
if necessary 
order towns to 
repair, liglit, 
&c. 



Penalty on 
towns for 
refusing. 



Compliance 
with provisions 
not to aftect 
rights of parties 
in suits at law, 
&c. 

Obligations of 
Eastern R. K. 
not invalidated. 



An Act in relation to bridges over merrimack river. 

Be it enacted, Sfc, as follows : 

Section 1. The four bridges over Merrimack River known 
as the Newburyport Bridge, the Essex Merrimack Bridge, 
Rocks Bridge, and Haverhill Bridge, shall be lighted, tended, 
maintained, repaired, and kept in repair, by the several cities 
and towns charged with that duty by the award of the county 
commissioners which purported to lay them out as public 
highways, and in accordance with said award, until said 
award siiall be finally set aside or sustained. 

Section 2. An accurate account shall be kept of the ex- 
penses incurred under this act, and in case the award of said 
commissioners or their doings in laying out said bridges as 
public highways shall be set aside, or declared invalid by the 
supreme judicial court of this Commonwealth, said expenses 
shall be repaid, with interest, to the towns and cities which 
shall have incurred such expenses, by the county of Essex ; 
and such towns and cities, or either of them, may maintain 
suits in law or in equity against said county to recover such 
sums of money, with interest, as they shall have expended 
under this act, in lighting, tending, maintaining and keeping 
in repair said bridges. 

Section 3. The county commissioners of the county of 
Essex shall, within thirty days of the passage of this act, 
thoroughly inspect each of the four bridges mentioned in 
this act, and if, in their judgment, either of them shall be 
unsafe for public travel, then said commissioners shall, in 
writing, order such attendance, lighting and repairs, as they 
may deem necessary to the safety of travellers over said 
bridge ; such order to be served by any officer competent to 
serve any civil process upon the selectmen of such towns or 
the mayor and aldermen of such cities, as may be charged 
with the maintaining and keeping in repair of such bridge or 
bridges, by the award and decree of the county commission- 
ers purporting to lay out such bridge or bridges as public 
highways ; and after a reasonable time, to be specified in said 
order, such towns or cities, or either of them, which refuses 
or neglects to comply with such order, shall each be liable to 
a fine of fifty dollars, for each and every day until said order 
shall be complied with, and said bridge or bridges rendered 
safe for public travel. 

Section 4. Compliance with the preceding section shall 
not be used in evidence against, or in any way affect or prej- 
udice the rights of the parties concerned in any suit in law 
or in equity concerning the premises. 

Section 5. Nothing in this act shall invalidate any obli- 
gation that the Eastern Railroad Company is under by any of 



1869.— Chapter 422. 741 

the provisions of chapter two hundred twenty-eight of the 
acts of eighteen hundred and sixty-four, or any other law, 
or by any contract with any party or parties wliatsoever ; 
and all rights and claims the Commonwealth may have on 
the said railroad company, compelling them or requiring 
them to put in repair the said Newburyport Bridge, is in 
consideration of the duties imposed upon the said city of 
Newburyport by this act, hereby assigned and set over to the 
said city, and the said city of Newburyport may in their 
name and to their use, or in the name of the Commonwealth, 
recover in an action of contract any and all damages from 
said railroad company for neglect in not complying with the 
terras of any law or contract requiring them to keep in re- 
pair, and leave in good passable condition the said Newbury- 
port Bridge. 
Section 6. This act shall take effect upon its passage. 

Approved June 21, 1869. 
An Act in addition to an act concerning the odstructions to Chat). 422 

THE PASSAGE OF FISH IN CONNECTICUT AND MERRIMACK RIVERS. "' 

Be it enacted, ^'c, as follows : 

Section 1. Whenever any proprietor of any dam in Mas- Commissioners 
sachusetts, upon the Merrimack or Connecticut Rivers, shall etiuUyco°nstrac- 
have refused or neglected for the period of thirty days from 0*^6"^ around 
the time when the commissioners of fisheries shall have fur- dams upon Mer- 
nished such proprietors with the plan specified in sections necticutiuvers, 
three, four and five of chapter two hundred and thirty-eight 
of the acts of the year eighteen hundred and sixty-six, to 
agree with said commissioners for the building on, over or 
around his dam of the fishway prescribed by the plan fur- 
nished such proprietors by said commissioners, then said 
commissioners, or the survivors or survivor of them, or their 
successors or successor, may file in the supreme judicial 
court a bill in equity, in their name but in behalf of said Com- 
monwealth, asking for a decree to enforce the immediate 
construction and erection of such fishway as is called for by 
the plan so furnished, to the acceptance of said commission- 
ers, and for such further and other relief as they may deem 
necessary to enable them to enforce the provisions of said 
chapter two hundred and thirty-eight. 

Section 2. Such proceeding, whether by bill to enforce Proceeding to 
specific performance or by suit at law, as is provided in amrnfay'be^'' 
section seven of said chapter two liundred and thirty-eight, "|''4«= '^■^*ff'^?k' 
for money expended, shall be brought in the supreme judicial 
court ; may be made returnable in the county of Suflblk, 
and shall have precedence upon the docket and priority in 
all its stages over suits depending between private parties. 

Approved June 21, 1869. 



742 



1869.— Chapter 423. 



Chap. 423 



Union and con- 
tiguous school 
districts abol- 
ished. 

Town to talce 
possession of 
school-house. 



Selectmen of 
the several 
towns to ap- 
praise and di- 
vide property. 



County com- 
missioners to 
determine if 
selectmen fail 
to agree. 



Tax to be levied 
upon whole 
town, and por- 
tion remitted to 
tax-payers of 
districts. 



Amendment to 

1809, no, § 2. 



Towns to as- 
sume all liabili- 
ties of districts. 



Provisions of 
lifth section not 
to apply wliere 
town has taken 
possession of 



An Act in addition to an act to abolish the school dis- 
trict SYSTEM. 

Be it enacted, §'c., as folloios : 

Section 1. Union districts and contiguous school districts 
in adjoining towns are hereby abohshed. 

Section 2. Each town in which any school-house belong- 
ing to such union or contiguous district is located shall fortli- 
with take possession of the same, with the land, apparatus, 
and other property owned and used by such district. 

Section 3. The boards of selectmen of the several towns 
out of which any such union or contiguous districts are 
formed, shall forthwith appraise the said property, and shall 
determine what proportion thereof is owned by the inhabi- 
tants of said several towns residing in said district. If the 
said several boards of selectmen shall not agree in their said 
appraisal, or apportionment, the same shall be determined 
by the county commissioners for the county in which either 
one of said towns is located to whom application is first 
made, and the decision of said county commissioners shall be 
final. 

Section 4. "Whenever any town shall take possession of 
said property a tax shall at the next annual assessment 
thereafter be levied upon the whole town, equal to the 
amount of said appraisal ; and there shall bo remitted to the 
tax-payers of such district, in said town, the proportion of 
the appraised value belonging to them ; and the proportion 
belonging to the inhabitants of any town in which said prop- 
erty is not located shall be paid to the treasurer of such town, 
and the same shall be remitted to the tax-payers of said town 
belonging to said district. 

Section 5. Section two of chapter one hundred and ten 
of the acts of the present year is hereby amended by strik- 
ing therefrom the words " provided that the appraisal of the 
school property in any district, or the amount to be remitted, 
shall not exceed the sum that has been actually raised by 
taxation in such district for such property." 

Section 6. Towns in which school districts have been 
abolished under the provisions of this act, and the act to 
which this act is in addition, or during the present year, 
under the provisions of section three of chapter thirty-nine 
of the General Statutes, shall respectively assume and pay 
all the debts and liabilities of such districts, and the amount 
of such debts and liabilities shall be deducted from the 
amount to be remitted by such town. 

Section 7. The provisions of section five of this act shall 
not apply to any town that has already taken possession of 
its school district property and appraised the same, under 



1869.— Chapters 424, 425, 426. 743 

the provisions of chapter one hundred and ten of the acts of f^^'^^figP^P*^'"" 
the present year, unless such town shall vote to re-appraise vious laws. 
such property at a meeting duly held for that purpose. 
Section 8. This act shall take effect upon its passage. 

Approved June 21, 1869. 

An Act relating to the terms of probate courts. Chap. 424 

Be it enacted., §'c., as follotcs : 

Section 1. Probate courts, in addition to the terms now Probate courts 
allowed by law, may transact any business within their ju- b!r.i,„^?rorany 
risdiction, where due notice has been given to all parties lll'^'iawfuiiybe 
interested therein, or when no notice is required, on any iieid. 
day when courts may lawfully be held. 

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

Approved June 21, 1869. 

An Act concerning the examination of witnesses. Chap. 425 

Be it enacted, §"0., as follows : 

Section 1. The party producing a witness before any party produc- 
court, as well criminal as all others, or before any person mfy uotlm- 
having by law or by consent of parties authority to hear, re- Pyideuci^f'bad 
ceive and examine evidence, shall not be allowed to impeach character, but 
his credit by evidence of bad character, but he may contra- Mm by other 
diet him by other evidence, and may also prove that he has ^''^^^'^'^■ 
made at other times statements inconsistent with his present 
testimony ; but before such last mentioned proof can be 
given, the circumstances of the supposed statement sufficient 
to designate the particular occasion, must be mentioned to 
the witness, and he must be asked whether or not he has 
made such statements, and if so, allowed to explain them. 

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

Approved June 21, 1869. 
An Act to provide for the better protection of persons and Chan 4*^6 

PROPERTY UPON RAILROADS. "' ^ 

Be it enacted, §'c., as folloios : 

Section 1. No railroad corporation shall run or permit to no car to be 
be run upon its road a car for the transportation of passen- "uffldlutbrake. 
gers, baggage or merchandise, without a good and sufficient 
brake attached to the same : provided, that this act shall not proviso, 
apply to four-wheeled cars used only for the transportation 
of merchandise. 

Section 2. Any railroad corporation violating the pro- penalty, 
visions of the preceding section, shall for each offence, forfeit 
a sum not exceeding one hundred dollars. 

Section 3. This act shall take effect upon the first day of when to take 

effect 
October next. Approved June 21, 1869. 



744 



1869.— Chapter 427. 



Chap. 427 



Selectmen may 
fix or alter 
grades of streets 
and sidewalks. 



Owner of estate 
abut tins; to be 
bound by jjrade 
as tixed, &c. 



—if benefited, 
to pay to town 
share of ex- 
pense of estab- 
lishing grade. 



If not paid 
within 90 days, 
estate may be 
levied on. 



Proceedings as 
in case of laying 
out highways. 



Ax Act relating to streets and sidewalks in the town of 

FITCHBURG. 

Be it enacted, cVc, as follows : 

Section 1. The selectmen of the town of Fitchburg may 
fix, alter or determine the grades of any streets or sidewalks 
in said town, and erect permanent monuments indicating 
such grades ; but no such grades shall be established or mon- 
uments erected until a full description of such grades is re- 
ported to the town, and such grades accepted and allowed at 
some public meeting of the inhabitants, warned and notified 
therefor, nor unless such description is filed in the office of 
the town clerk seven days at least before said meeting. When 
the grades of any street or sidewalk are established, as afore- 
said, said town and the owners of the estates abutting on such 
street, shall be bound thereby and have the same rights and 
be subject to the same liabilities, and such streets and side- 
walks shall, in determining such rights and liabilities be 
considered, as if they were to be at once built to the grades 
so indicated, although said town shall not be required to build 
such streets or sidewalks to the grades so established until 
said selectmen shall determine that public convenience and 
necessity require it, nor until such determination has been 
reported to, and accepted by the inhabitants of said town, as 
aforesaid, otherwise than is hereinafter provided ; and said 
town after having paid the damages awarded against them on 
account of the establisliment of such grades, may at any time 
thereafter build such streets and sidewalks to the grades so 
established without being subjected to any further damages 
therefor. 

Section 2. Any person owning real estate abutting on any 
street the grades of which, or of the sidewalks on said street, 
have been established, as aforesaid, which is benefited there- 
by, shall pay to said town such sum as said selectmen shall 
assess upon him as his proportionate share of the expense of 
establishing the grades, and of building such street and side- 
walks on such street to such grades ; and the sum so assessed 
upon him shall constitute a lien upon said real estate for two 
years after it is assessed ; and if not paid within ninety days 
after written notice of said assessment is served upon the 
owner of said real estate, or his agent, may be levied and 
collected by a sale of said real estate in the manner provided 
for the sale of real estate for non-payment of taxes. 

Section 3. All proceedings under this act not otherwise 
provided for, including a jury in all cases to revise the doings 
of said selectmen and said town, shall be like those provided 
by law in cases of laying out town ways ; and a jury, if said 



1869.— Chapters 428, 429. 745 

town unreasonably neglects to build any such street or side- 
walk to the grades so established, may order the same to be 
done, and such order may be enforced in the way and man- 
ner provided by law in cases of neglect by towns to repair 
ways and bridges. 

Section 4. This act shall not take effect unless the inhab- when to take 
itants of said town of Fitchburg, at a meeting legally called 
for that purpose, shall, within one year after its passage, by a 
majority vote, approve of the same. ApprovedJune 21, 1869. 

An Act to amend the charter of the pawners bank of boston. Chcip. 428 
Be it enacted, §"c., as follotos : 

Section 1. The Pawners Bank in the city of Boston Name changed. 
shall be hereafter called and known as the Collateral Loan 
Company. 

Section 2. Section four of chapter one hundred and charge on 
seventy-three of the acts of eighteen hundred and fifty-nine, exceed two per 
is hereby amended so as to read as follows : The charge on ''^"*- '^ °'*'°*^- 
loans, to cover expenses of every kind, including interest, 
need not be uniform, but may be regulated by the bank ; 
but it shall in no case exceed two per cent, per month. 

Section 3. The said bank may loan on pledge of safe Additional re- 
securities of every kind, and in addition to the returns '^"^'^'i""'^ 
required to be made, shall report the amount of the accrued 
fund specified in the eighth section, and of the amount of 
the same distributed as provided in the tenth section of the 
charter of said corporation, and also how said sum was 
distributed. 

Section 4. Chapter one hundred and seventy-three of the issa, 173, con- 
acts of eighteen hundred and fifty-nine, shall not be con- 
strued to otherwise limit the division of earnings among the 
stockholders, than to provide that the aggregate dividends of 
the company from the beginning shall not exceed an average 
of eight per centum per annum. 

Section 5. No tax shall be levied upon the said company corporation 
for any year prior to the year eighteen hundred and priori the ^*^ 
seventy-five. ^^^' ^®^^- 

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

Approved June 21, 1869. 
An Act to confirm certain acts done by Alfred p. clark, as nhnvy 409 

JUSTICE of the peace. ^ ' 

Be it enacted, Sfc, as follows: 

All acts done by Alfred P. Clark of Lawrence, as a Acts as justice 
justice of the peace within and for the county of Essex, cLtonel.*^^ 
between the eleventh day of September, in the year eighteen 
hundred and sixty-five, and the tenth day of June, in the 

45 



746 



1869.— Chapters 430, 431. 



year eighteen hundred and sixty-nine, are hereby made valid 
and confirmed to the same extent as though he had been 
during that interval duly qualified to discharge the duties of 
said office. Approved June 21, 1869. 

Chap. 430 An Act to incorporate the naumkeag mutual fire insurance 

COMPANY. 

Be it enacted, cVc, as follows : 

Section 1. Charles A. Ropes, Nathaniel Wiggin and 
James T. Almy, their associates and successors, are hereby 
made a corporation by the name of the Naumkeag Mutual 
Fire Insurance Company, to be established in the city of 
Salem, for the purpose of making insurance against losses 
by fire on land, on the mutual principle ; with all the povs^ers 
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. No policy shall be issued until application 
shall be made for one hundred thousand dollars to be insured, 
and no division of any profits remaining in the hands of the 
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 June 21, 1869. 



Corporators. 



Name and pur- 
pose. 



Powers and du- 
ties. 



When policies 
may be issued. 



Chap An 



Deerfield may 
talie stock in 
Sunderland 
Bridge Corpo- 
ration. 

Proviso. 



—may raise 
money by loan 
or tax to pay 
for stock, &c. 



— selectmen of, 
to represent 
town at meet- 
ings of corpo- 
ration. 



An Act to authorize the town of deerfield to subscribe for 

AND hold stock IN THE SUNDERLAND BRIDGE CORPORATION. 

Be it enacted, Ifc, as follows : 

Section 1. The town of Deerfield is hereby authorized to 
subscribe for and hold shares in the capital stock of the 
Sunderland Bridge Corporation, to an amount not exceeding 
five thousand dollars : provided, the inhabitants of said 
town, at a legal meeting duly called for that purpose, shall 
vote to subscribe for such shares in accordance 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 man- 
ner as any other property which it may possess. 

Section 2. The town is hereby authorized to raise by 
loan, tax, or bonds, any and all sums of money which may be 
necessary to pay its subscription to said stock, and for its 
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 3. The selectmen of said town shall have authority 
to represent said town at any and all meetings of said bridge 
corporation, and are hereby authorized to vote on the whole 



1869.— Chapter 432. 747 

amount of the stock so held by said town, anything in 
chapter sixty-three of the General Statutes to the contrary 
notwithstanding. 

Section 4. The legislature may at any time authorize the county com- 
county commissioners of the county of Franklin, to lay out i™^out"bruige^ 
as, and for a public highway, the bridge, abutments and ways, wiiy^'wheneler 
belonging to the proprietors of the said Sunderland Bridge *''.'"?<' to"- 

o o 1 X o briclcres ov6r 

Corporation, and make said bridge free, upon such terms Connecticut 
and conditions as may be deemed just and proper; and frUe!'^'^''^ '"^ ^ 
whenever any three toll-bridges now existing across the 
Connecticut River within this Commonwealth shall become 
free bridges, then the said county commissioners shall so lay 
out and make free the said Sunderland Bridge ; anything in 
chapter thirty-eight of the acts of the year eighteen hundred 
and eleven, or in any other existing laws to the contrary 
notwithstandhiff. 



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

Approved June 21, 1869. 



Chap. 432 



An Act to further protect the rights of the commonwealth 
in tide-waters. 

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

Section 1. All authority or license that has been granted Rights of com- 
during the present session of the legislature, or that may be tide-waters 
hereafter granted by the Commonwealth, to any person p™^^^'^^^- 
or corporation to build any structure upon ground over 
wdiich the tide ebbs and flows, or to fill up or inclose the 
same, whether such ground be above or below low-water 
mark, or within or outside of one hundred rods from high- 
water mark, or whether it be private property or the property 
of the Commonwealth, shall be subject to the following con- 
ditions, whether they be expressed in the act or resolve grant- 
ing the same or not, viz. : such license or authority shall be License revoka- 
revocable at any time, at the discretion of the legislature, tu?e%nd to*^' 
and shall expire at the end of five years from its date, ex- expire in Ave 
cept where and so far as valuable structures, fillings or in- 
closures, as provided in the act or resolve, shall have been 
actually and in good faith built or made under the same. 
All things done under such license or authority shall be sub- Subject to ap- 
ject to the determination and approval of the harbor com- Eor w^mmis*.'^' 
missioners, as provided in section four of chapter one hun- sio^^ers. 
dred forty-nine of the acts of the year eighteen hundred 
and sixty-six, or of such other board as the legislature may 
appoint for that purpose. If the legislature shall establish 
harbor lines within the outer line covered by such license or 
authority, then such license or authority shall be construed 
to be limited by and not to extend beyond such harbor line. 



748 1869.— Chapter 433. 

^icense to build SECTION 2. All license or other authority that has hereto- 
to be coust'iued. foiG beoii granted, or that may hereafter be granted, to build 
structures upon, or to fill up or inclose any such ground, 
shall be, as far as reasonably and justly may be practicable, 
so construed as not to interfere with or impair the right of 
any person affected thereby to equal proportional privileges 
of advancing to or towards low-water mark, or one hundred 
rods from high-water mark, or harbor lines established by 
law, or so as to impair the opportunity of persons having in- 
terests in lands or flats that may be affected thereby to obtain 
license or authority so to advance. Nothing in such license 
or authority shall be so construed as to impair the legal rights 
of any person. 
Eight of lejrisia- SECTION 3. Nothing In this act shall be construed to im- 

ture to establish . ^ . n , ■, • t , ,■ ,^ 

harbor lines uot pair any right or authority 01 the legislature respecting the 
impaire . establishment of harbor lines in any harbor or on any coast 

or beach. 
Grants hereto- SECTION 4. Nothing in this act, and no provision in any 
affected. otlier act or resolve expressing in terms that an authority or 

license to build upon, fill up or inclose ground under tide- 
water is revocable at the discretion of the legislature, shall 
have any effect whatever on the construction of grants here- 
tofore made by the Commonwealth, as indicating whether or 
not a right of revocation attach to such grants. 

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

Ap2)roved June 21, 1869. 

Chap. 433 -^ ^^"^ concerning indictments for murder. 

Be it eno.cted, Sfc, as follows : 
Party indicted SECTION 1. As sooii as maybe after the finding of an 
be served forth- indictmcut for the crime of murder, the party charged, when 
of iucUctmentJ in custody, shall be served with a copy thereof by the sheriff 
or his deputy, with an order of the court notifying him, if 
indictmentto tlic indictment is found in the county of Dukes-county, that 
s!j"c.Tn "^ the indictment will be entered forthwith upon the docket of 
found^exc^t *^^® suprcmo judicial court in the county of Barnstable, and 
Dukes County, if fouud ill aiiy Other county, that it will be entered forth- 
with upon the docket of the supreme judicial court in said 
county. 
Clerk of supe- SECTION 2. The clcrk of the superior court, when such 
transmit indict- ail iudictmeut is fouud, shall forthwith, if the person accused 
ment to s. J, c. -g -^-^ custody, or if not, then immediately after his arrest, 
transmit the indictment to the supreme judicial court, as 
mentioned in the preceding section, and it shall be entered 
at once in that court, whether it shall be transmitted during 
a term of the court or in vacation. The supreme judicial 



1869.— Chapter 434. 749 

court shall have cognizance and jurisdiction thereof, and •'^,vf,tHction^as^*' 
proceedings shall be had thereon in the same manner as if though imiict- 
the indictment had been found in that court. The clerk of fomidTnthat 
the supreme judicial court for the county in which the in- Serks.j.c.to 
dictment is entered shall thereupon send notice thereof to smki copies to 

,,./> r- • • n ^ • T • 1 1 chiet )UStlce 

the chiet or first justice oi the supreme judicial court and ami attomey- 
to the attorney-general, with a copy of the indictment, and s*'"'"''''^ • 
a time may thereupon be appointed by said justice or any Time for ar- 
otlier justice of said court, for the arraignment of the pris- be appohiteT^ 
oner upon the indictment, which time may be either in term 
time or vacation ; and the proceedings upon the arraignment 
of the prisoner, and all other proceedings in the case, shall 
be as is now provided by law. 

Section 3. The justices of the supreme judicial court, |p j''^^ \^'"" ^^ 
or such number of them as constitute a court of law, may heui foi- trial of 
hold a special term in any county in which an indictment ^^^^^^ *^^^'^' 
for a capital offence is pending, for the trial thereof, at such 
time and place as they shall direct by an order in writing, 
under their hands, addressed to the sheriff of the county, if 
it appears to them that the purposes of public justice require 
the trial to be had before the next stated term of said court 
in such county or any adjournment of a stated term of said 
court ; and thereupon the said court, and the sheriffs, clerks 
and other officers, shall have and exercise the same powers, 
and perform the same duties, prescribed in sections twenty- 
two and twenty-three of chapter one hundred and twelve of 
the General Statutes ; and the provisions of sections twenty- 
four and twenty-five of the same chapter shall also be appli- 
cable to such special term. 

Section 4. Sections twenty-two and twenty-three of chap- Repeal, 
ter one hundred and seventy-one of the General Statutes, 
and all other provisions of law inconsistent herewith, are 
hereby repealed ; but nothing herein contained shall be con- 
strued to deprive the supreme judicial court of jurisdiction 
over cases now pending on the docket of said court. 

Approved June 21, 1869. 

An Act providing compensation for clerical and actuarial Chap. 434 

SERVICE in the INSURANCE DEPARTMENT. 

Be it enacted, §'c., as follows : 

Section 1. The clerk of the insurance commissioner shall salary of cierk 
receive an annual salary of two thousand dollars, to be paid commissioner 
from the first day of January in the present year. ^^'''^' 

Section 2. There shall be allowed and paid out of the one-fifth of fees 
fees received from life insurance companies as compensation surane^e'^coni"' 
for the valuation of policies on lives, all the expenses incurred mifsionerfor 

o • 1 11.1 • 1 !• 1 ' 1 valuation of 

tor actuarial and clerical assistance employed in making such policies on 



750 



1869.— Chapter 435. 



lives, may be 
retained by in- 
surance com- 
missioner. 



Proviso. 



Kepeal. 



Chap. 



Tersons present 
at exhibition of 
fighting of birds 
or animals may 
be arrested 
without war- 
rant. 



Birds or ani- 
mals to be for- 
feited and sold. 



Claimant ag- 
grieved may 
appeal within 
24 hours. 



valuation, and all the incidental and contingent expenses 
connected therewith. One-fifth of the amount received, if so 
much then remains unexpended, shall be allowed and paid 
for the actuarial services of the commissioner : 'provided^ 
that the amount so allowed and paid in any one year shall 
not exceed the sum of three thousand dollars. 

Section 3. All acts and parts of acts inconsistent here- 
with, are hereby repealed. Approved June 22, 1869. 

435 An Act to suppress exhibitions of the fighting of birds and 

ANIMALS. 

Be it enacted, Sfc, as follows : 

Section 1. Any officer authorized to serve criminal 
process, may enter any place, building or tenement where 
there is an exhibition of the fighting of birds or animals, or 
where preparations are being made for such an exhibition, 
and without a warrant, arrest all persons there present, and 
take possession of the birds and animals engaged in fighting, 
and of all birds and animals there found and intended to be 
used or engaged in fighting ; such persons shall be kept in 
custody in jail or other convenient place not more than 
twenty-four hours, Sundays and legal holidays excepted ; at 
or before the expiration of which time such persons shall be 
brought before a justice of the peace, police or municipal 
court, and proceeded against according to law. 

Section 2. After the seizure of any birds or animals, as 
provided in the preceding section, application shall be made 
to a trial justice, police or municipal court for a decree of 
forfeiture of the same ; and if upon the hearing of such 
application it shall be found and adjudged that the same at 
the time of said seizure were engaged in fighting at an exhi- 
bition thereof, or were owned, possessed or kept by any 
person with the intent that the same shall be so engaged, 
they shall be adjudged forfeit, and any officer authorized to 
serve criminal process shall sell the same in such manner as 
the court or justice shall order, and pay the proceeds of such 
sale to the use of the county. Should it be found and 
adjudged that any such birds or animals are of no use or 
value, the same shall be let at large, or otherwise disposed of 
as the court or justice may direct. The claimant shall be 
allowed to appear in the proceeding upon any such applica- 
tion. Any of such birds or animals not adjudged forfeit 
shall be delivered to the owner thereof. 

Section 3. Any claimant aggrieved by any decree of such 
court or justice, may, within twenty-four hours after the 
entry of such decree, and before execution thereof, appeal 



1869.— Chapters 436, 437. 751 

therefrom to the superior court then next to be held in the 
county. 

Section 4. The necessary expenses incurred in the care Expenses in- 

TT . p 11. T •! 1 n 1 J curred in care of 

and disposing ot such birds or animals may be allowed and birds, &c., how 
paid in tlie same manner that costs in criminal prosecutions p'^^''- 
are paid. 

Section 5. Whoever owns, possesses, keeps or trains any Penalty for 
bird or animal, with the intent that such bird or animal shall oV anVmais"^ ^ 
be engaged in an exhibition of fighting, shall be punished by 
fine not exceeding fifty dollars. 

Section 6. Whoever is present at any place, building or Penalty for be- 
tenement where preparations are being made for an exhibi- cxfilbUioS. ^ 
tion of the fighting of birds or animals, with intent to be 
present at such exhibition, or is present at such exhibition, 
shall be punished by fine not exceeding ten dollars. 

Approved June 22, 1869. 

An Act concerning bonds in civil cases. Chap. 436 

Be it enacted, ^^c, as follows : 

Section 1. Whenever in the course of a civil suit or pro- when bond is 

.. ^ required m civil 

ceedmg a bond is required to be given by any party, such suit, magistrate 
bond may be signed by any person other than the party to b^TigneTby 
the suit or proceeding, and such bond may be approved in oriLrtiuu" 
the same manner as is now provided by law for the approval ^^y^y *« the 
of bonds : provided, it be made to appear to the magistrate proviso, 
so approving, that there is good reason why such bond is not 
signed by the party to the suit or proceeding. 

Section 2. Chapter two hundred and eighty-five of the acts Repeal, 
of the year eighteen hundred and sixty-eight is hereby re- 
pealed. 

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

Approved June 22, 1869. 



ChapA^l 



An Act in relation to suits in which state banks are parties. 

Be it enacted, ^-c, as follows: 

Section 1. No suit between any bank incorporated under suits between 
the authority of this Commonwealth, which may have become rat^^*uncier^°' 
a banking association under the laws of the United States, i^ws of state 
and any other party, shall abate or be deemed to have abated ties not abated, 
by reason of the expiration, pending the suit, of three years "ng unee vears 
from the time such bank may have become a banking associ- shi^t- bauThas 
ation as aforesaid ; but the court in which such suit is or become nation- 
may have been pending may, for the purpose of determining ' ' 
the rights of the parties, permit the same to be prosecuted to 
final judgment, and may enter judgment therein for or 
against such bank, notwithstanding the expiration of said 



752 1869.— Chapters 438, 439, 440. 

three years ; and the court may make such orders as to the 
issue of execution, as shall, under the circumstances of the 
Proviso, case, seem just and reasonable : provided, such suit shall 

have been commenced before the expiration of said three 
years, or within one year after the cause of action is discov- 
ered. 

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

Approved June 22, 1869. 
Chap. 438 An Act relative to the reporting of questions op law by the 

SUPERIOR COURT. 

Be it enacted, cVc, as folloivs : 

Hw al^sfn ''be SECTION 1. Qucstious of law, whether arising upon a trial 
fore superior Or Other proceeding before the superior court, may, by con- 
conslXbe^^ scut of the partics to the suit, be reported before verdict for 
s! Tc.Vefore ^^^^ determination of the supreme judicial court ; and so 
verdict. much of the case as is necessary for the understanding of 

said questions shall be reported for that purpose. 

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

Approved June 22, 1869. 
Chap. 439 An Act to authorize william l. bradley to extend his wharf 

IN WEYMOUTH. 

Be it enacted, §'c., as folloivs : 

wharfin We Liceusc is hereby given to William L. Bradley to extend 

mouth. his wharf in the town of Weymouth, on the northerly side 

of Weymouth Back River, southerly towards the channel 

forty feet beyond his present wharf, and to the extent of bis 

Subject to ap- land upon the shore of the river: provided, that all things 

proval of harbor ^ i ji • , i n i i • i i n • . °-i 

commissioners, doiic undcr 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 

Provisos. 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 ; a,nd provided, further, that this license maybe 
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. Approved June 22, 1869. 

Chap. 440 An Act to authorize the boston and Albany railroad company 
TO change the location of its passenger station, and to 

PROVIDE better RAILAVAY FACILITIES AND STATION ACCOMMODA- 
TIONS AT SPRINGFIELD. 

Be it enacted, Sfc, as follows : 
Kti^difof Section 1. The Boston and Albany Railroad Company is 

depot and en- hereby authorized to change the location of its passenger 
datwnifiu°^^°' statiou or depot, and to enlarge its passenger and freight 

Springfield. 



1869.— Chapters 441, 442, 443. 753 

accommodations in the city of Springfield, and to change the 
grade of its raih'oad there, so as to pass either over or under 
Main Street by an independent crossing, to the acceptance of 
the mayor and aldermen of said city, and for these purposes 
may purchase or take, in accordance with the provisions of 
the General Statutes applicable to the same, any lands that 
may be found necessary. 

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

Approved June 22, 1869. 
An Act to confirm certain acts done by henry l. sabin, as Chctp. 441 

JUSTICE OF THE PEACE. 

Be it enacted, Sfc, as foUotvs : 

All acts done by Henry L. Sabin of Williamstown, as a Acts done as 
justice of the peace within and for the county of Berkshire, pTacrconflrm- 
between the twenty-fifth day of January in the year eighteen *"^" 
hundred and sixty-one, and the fifteenth day of June in the 
year eighteen hundred and sixty-nine, are hereby made valid 
and confirmed to the same extent as though he had been, 
during that interval, duly qualified to discharge the duties of 
said office. Approved June 22, 1869. 

An Act in addition to an act concerning the manufacture QJiap. 442 

AND sale of intoxicating LIQUORS. ^' 

Be it enacted, §'c., as follows : 

Section 1. The word " constable," wherever it occurs in word " consta- 
chapter four hundred and fifteen of the acts of the current 415; defined.' 
year, shall be held and construed to include within its mean- 
ing the constable of the Commonwealth and his deputies. 

Section 2. This act shall take effect on the first day of ^^n to take 
July in the year eighteen hundred and sixty-nine. 

Approved June 22, 1869. 

An Act to repeal section one of chapter two hundred and QJid^n^ 443 

ELEVEN OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND * 

sixty-eight, concerning THE ASSESSMENT OF TAXES. 

Be it enacted, Sjc, as follows : 

Section 1. Section one of chapter two hundred and is68,2ii, §1, 
eleven of the acts of the year eighteen hundred and sixty- 
eight, entitled " An Act relating to the assessment of taxes," 
is hereby repealed. And the notice provided for in the Notice, when to 
second section of said act may be given on or before the whe!7d"posited. 
fifteenth day of September in each year, and the lists of 
persons so assessed shall be deposited by the assessors with 
the clerk of the city or town on or before the first day of 
October in each year. 

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

Approved June 22, 1869. 
46 



754 



1869.— Chapters 444, 445. 



Corporations to 
make return to 
assessors of cer- 
tain stoclvs and 
bonds lield by 
tliem as collat- 
eral security. 



Penalty for 
neglect and for 
false return. 



Chap. 444 -^n Act in relation to returns to assessors. 

Be it enacted, Sfc, as follows : 

Section 1. Every corporation established within this Com- 
monwealth by special charter, or organized under the general 
laws thereof, which holds on the first day of May shares of 
stock in corporations, other than those subject to taxation 
under the provisions of chapter two hundred and eighty- 
three of the acts of the year one thousand eight hundred 
and sixty-five, and acts in amendment thereof, or bonds of 
any description, as collateral security for borrowed money, 
or other liability, shall annually, between the first and tenth 
days of May, return to the assessors of each and every city 
and town, the whole number of such shares and bonds so 
held, the names and residences of the persons pledging the 
same, and the number, denomination and the par and cash 
market value, if known, of the shares and bonds pledged by 
each. 

Section 2. Any corporation neglecting or refusing to 
make the returns required by this act, or wilfully making a 
return which is materially false or defective, shall forfeit for 
each offence a sum of not less than fifty nor more than one 
thousand dollars, to be recovered by an action of tort to the 
use of any city or town in which a person pledging such 
stock or bonds resides. 

Section 3. The returns required by this act shall be 
made the present year on or before the twentieth day of 
July. 

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

Approved June 22, 1869. 
Chap. 445 An Act to establish a registry of deeds in the northern 

DISTRICT OF ESSEX, 

Be it enacted, ^c, as follows : 

Section 1. The city of Lawrence, and the towns of An- 
dover, North Andover and Methuen, in the county of Essex, 
are hereby constituted a district for the registry of deeds, 
which district shall be known as the Northern District of 
Essex, and for all things relating to the register or registry 
of deeds, or other instruments, shall be deemed to be a 
county, and all provisions of law concerning such office shall 
apply to that office, except as is hereinafter provided ; and 
the office of said registry shall be kept in the court house in 
the city of Lawrence. 

Section 2. The governor and council shall, on or before 
the first day of October next, appoint some suitable person 
to be a register of deeds for said district, until some person 



Returns to be 
made tlie pres- 
ent year by July 
20tli. 



Registry of 
deeds estab- 
lished in North- 
ern District of 

Essex. 



Office in Law- 
rence. 



Register to be 
appointed by 
governor and 
council. 



1869.— Chapter 4i6. 755 

sliall be chosen and qualified in the manner hereinafter pro- 
vided. 

Section 3. At the annual election in November, in the —to be elected 
year eighteen hundred and seventy, and at the annual elec- lu isro!*^^*^'^' 
tion in every third year thereafter, there shall be chosen by 
the city and towns comprising said district, a register of 
deeds for said district, who shall hold his office for the term 
of three years, and until another is chosen and qualified in 
his place. 

Section 4. All laws in force when this act shall take Laws govern- 
effect, in relation to the election of registers of deeds in the &a,\o app^y. 
various counties, and all laws relative to the registers and 
registries of deeds, shall apply to the elections in said city 
and towns, and to the manner of returning the votes and 
declaring an election, and to the officer and office hereby 
created, except so far as they may be inconsistent herewith. 

Section 5. All the towns and cities in said county of Remaining 
Essex not above named shall remain a district for the regis- constitute' 
try of deeds, and shall be known as the Southern District of trict"^^™ ^^*" 
Essex for the registry of deeds, and in all things relating to 
registry and register of deeds and other instruments, shall 
be deemed a county. And the present register of deeds for 
the said county, shall be register of said last mentioned dis- 
trict until some other person is chosen and qualified in his 
stead. 

Section 6. The register of deeds for the Southern District Register of 
of Essex shall, on demand, deliver to the custody of the trictto™eUveT 
register of deeds for the said Northern District, all the Northern Dii 
original deeds and other instruments recorded and remain- trict, deeds, &c. 
ing in the office of the former, conveying or relating to land 
or estates situated in said last named district. 

Section 7. This act shall take effect on the first day of wiien to take 
October next, excepting as to the appointment of register as ^ *^*' ' 
is provided in the second section hereof; and for this latter 
purpose it shall take effect on the first day of June. 

Approved June 22, 1869. 

An Act to authorize the purchase of certain lands for the QJi^n^ 446 

BENEFIT OF THE FLATS OF THE COMMONWEALTH IN BOSTON ^' 

HARBOR. 

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

Section 1. For the purpose of making more available for Harbor com- 
sale the flats of the Commonwealth, in the harbor of Boston, purcifa^e'for^^ 
and perfecting the improvement of the same, the powers con- ^veait°™rrt'dn 
ferred on the harbor commissioners by section two of chapter soutii Boston 
three hundred and twenty-six of the acts of the year eighteen 
hundred and sixty-eight, are hereby so far enlarged that said 



756 



1869.— Chapter 446. 



Section one of 
South Boston 
flats enlarged. 



Purchases and 
contracts to be 
subject to ap- 
proval of gov- 
ernor and coun- 
cil. 



$300,000 appro- 
priated. 



Proceeds of 
sales to be paid 
into sinking 
funds. 



commissioners are authorized to purchase for, and in the 
name of the Commonwealth, any lands and flats on the 
northerly shore of South Boston, lying westerly of the easterly 
line of E Street extended, and extinguish by purchase any 
claims to title in such lands and flats ; and they shall have 
full power to determine and settle by agreement, arbitration 
or process of law the rights and interests which the Common- 
wealth has or shall acquire in any of said lands and flats and 
any parts thereof. Such lands and flats shall be subject to 
the same provisions of sections one, two, four and seven of 
said chapter, as the lands and flats in Boston harbor described 
in said first section, and the harbor commissioners shall have 
the same powers in relation thereto. 

Section 2. Section one of the South Boston flats described 
in the fourth section of said act, is hereby enlarged so as to 
include the lands and flats acquired under this act, and the 
harbor commissioners may authorize the occupation and im- 
provement of said section one without any reservation for a 
channel, and without requiring any dredging from a reserve 
channel. 

Section 3. All purchases and contracts made under the 
provisions of this act shall be subject to the approval of the 
governor and council, and no obligation shall be assumed in 
behalf of the Commonwealth as a consideration for any such 
purchase beyond that of providing for the filling so much 
of the flats acquired under this act as shall be sufficient for 
a suitable street along the southerly line of such flats when- 
ever the flats from the shore to such line shall have been 
filled by the riparian owners. 

Section 4. There shall be allowed and paid out of the 
treasury of the Commonwealth a sum not exceeding three 
hundred thousand dollars, to be- expended in making the 
purchases herein authorized, and the same is hereby appro- 
priated. 

Section 5. The net proceeds of the sales of all lands pur- 
chased under authority of this act, and of all lands contained in 
section one of the South Boston flats referred to in the fourth 
section of chapter three hundred and twenty-six of the acts of 
the year eighteen hundred and sixty-eight, after deducting 
therefrom all sums of money paid for the purchase of the 
lands acquired under authority of this act, with interest, shall 
be paid into the sinking funds established by chapter three 
hundred and thirteen of the acts of the year eighteen hun- 
dred and sixty-four, and chapter one hundred and twenty-two 
of the acts of the year eighteen hundred and sixty-five. 



1869.— Chapter 447. 757 

Section 6. For the purposes of this act. the treasurer and Treasurer, un- 

i I ' dcr direction of 

receiver-general, under the du-ection ot the governor and governor and 
council, is hereby authorized to issue scrip or certificates of iifsue^cVipIn 
debt, in the name and on the behalf of the Commonwealth, commonwealth 
and under his signature and the seal of tlie Commonwealth, at five per cent. 
to an amount not exceeding three hundred thousand dollars, 
and for a term not exceeding five years, the principal and 
interest payable in gold in the city of Boston. Said scrip 
shall be issued in the form of registered bonds, or in the form 
of certificates of debts, with interest coupons attached, as the 
governor and council shall decide, and shall bear an annual 
interest of five per cent., payable semi-annually on the first 
days of January and July in each year, and shall be counter- 
signed by the governor, and shall be deemed a pledge of the 
faith and credit of the Commonwealth, redeemable at matur- 
ity ; and shall be sold and disposed of in such manner, and 
at such times, and in such pieces and amounts, as the gov- 
ernor and council shall deem for the best interests of the 
Commonwealth. 

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

Approved June 22, 1869. 



Chap. 447 



An Act in addition to an act to authorize the city of boston 
to lay out a public street or way across south bay, and 
for other purposes. 

Be it enacted^ §'c., as follows : 

Section 1. The city of Boston is hereby authorized to lay Boston may lay 
water-pipes from a point at or near tlie junction of Federal phi^lidaud*" 
and Dorchester Streets in said city, in a westerly direction, Roxburv^c'anai 
crossing the Boston, Hartford and Erie Railroad to Pine and south Bay 
Island, so called, thence in a westerly direction crossing the ^^''^^' *'"^' 
marsh and the Roxbury Canal to the junction of East 
Chester Park and Albany Street in said city : provided, that rroviso. 
such ]Hpe or pipes shall cross the Roxbury Canal by means 
of a syphon, so as not to obstruct navigation ; and shall also 
cross the South Bay by syphon under so much of the channel 
as the harbor commissioners shall direct. And all things 
done under this act, so far as relates to the crossing of tide- 
waters, 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. 

Section 2. The act passed the present session of the Amendment to 
legislature entitled, " An Act to authorize the city of Boston ' 
to lay a public street or way across South Bay," is hereby 
amended by striking from tlie first section thereof the fol- 



758 



1869.— Chapters 448, 449. 



street across 
South Bay to be 
constructed 
with solid till- 
ing, and pile- 
bridge, under 
direction of 
harbor com- 
missioners. 
Boston may 
maintain rail- 
road for con- 
struction of 
street. 



Damages to 
private prop- 
erty. 



Chap. 448 



City council 
may lay out 
streets, &c., in 
territory for- 
merly city of 
Koxbury, and 
pay for land 
taken. 



Chap. 449 



May hold $100,- 
000 additional 
real estate. 



lowing concluding words thereof ; " and, provided, that this 
act shall in no wise impair the legal rights of any person." 

Section 3. So much of the street across South Bay, 
mentioned in the act described in the preceding section, 
shall be constructed with solid filling, and so much thereof 
shall be a pile bridge, as the harbor commissioners shall 
direct. 

Section 4. The city of Boston is hereby authorized to 
locate, construct and maintain a railroad track or tracks 
from some convenient point on any railroad near the street 
herein before mentioned near where the street herein before 
mentioned crosses said railroad, and may extend said track 
or tracks in an easterly direction or westerly direction ; said 
railroad tracks to be used only for the construction of said 
street. 

Section 5. All damages occasioned to private property 
by laying out and constructing said street, shall be ascer- 
tained and compensated in the manner provided in chapter 
forty-three of the General Statutes for the laying out of 
highways. 

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

Approved June 22, 1869. 

An Act in relation to laying out streets in the thirteenth, 
fourteenth and fifteenth wards of the city of boston. 

Be it enacted, ^'c, as follows : 

Section 1. The board of aldermen of the city of Boston, 
with the concurrence of the common council of said city, 
may lay out such public highways and streets in the thir- 
teenth, fourteenth and fifteenth wards of said city, being the 
territory formerly constituting the city of Roxbury, as they 
in their judgment shall deem to be for the common benefit 
of the inhabitants of said city, and pay for the land so taken ; 
which highways and streets said city of Boston shall not be 
obliged to complete sooner than the board of aldermen may 
deem it expedient so to do. 

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

Approved June 22, 1869. 

An Act to allow the boston skating rink association to hold 
additional real estate. 

Be it enacted, §t., as follows : 

Tlie Boston Skating Rink Association may hold real estate 
in addition to that which it is now by law authorized to hold, 
not to exceed in value the additional sum of one hundred 
thousand dollars ; subject to all the conditions set forth in 
its original act of incorporation. Approved June 22, 1869. 



1869.— Chapter 450. 759 

An Act in addition to an act to aid the construction of the QJidj) 450 

BOSTON, HARTFORD AND ERIE RAILROAD. ^' 

Be it enacted, ^'c, as follows : 

Section 1. For the purpose of aidins: the Boston, Hartford fcrip to be 

_,.-_., iz-^-i . issued by state 

and Jlirie Kailroad Company in the construction of its raih'oad to aid Boston, 

from the city of Boston to Fishkill in the state of New York, Erie iiam^ad. 

for the equipment of the same, for filling its flats in Boston, 

and in building a sea-wall around them, and in construction 

thereon of buildings for station and railroad accommodation, 

the treasurer of the Commonwealth is hereby authorized 

and instructed to issue scrip or certificates of indebtedness, 

in the name and behalf of the Commonwealth, and in the 

manner herein designated, to such an amount as with the 

amount heretofore authorized to be issued in aid of said 

company shall make the sum of five millions of dollars, 

which shall be expressed in the currency of Great Britain at 

the rate of four and eighty-four one-hundredths dollars to 

the pound sterling, and payable to the bearer thereof in 

London, and bearing interest of five per cent, per annum 

payable semi-annually in London on the first days of 

January and July ; which said scrip or certificates shall be — to be redeem- 

redeemable in London on the first day of January, in the jan/i^ 1900?'^'^ 

year nineteen hundred, and shall bear date on the first day 

of January or July, which shall next precede the issue of the 

same. All said scrip shall be countersigned by the governor -7to be counter- 

of the Commonwealth for the time being, and be deemed a emorf''^^"^' 

pledge of the faith and credit of the Commonwealth for the 

redemption thereof. The principal and interest on the scrip —principal and 

hereby authorized shall be expressed in the currency of exprefsed*in^ 

Great Britain, and in paying the same the cost of exchang-e ^f"'''*',"^^.?^. 

1 11 1 • 1 1 1 T-i TT /• 1 1 T-t T^ ureat Jintain. 

shall be paid by the Boston, Harttord and Erie Kailroad 
Company in gold coin or its equivalent, at the option of the 
treasurer of the Commonwealth, and at least one million 
dollars of said loan shall be expended in the construction of 
said sea-wall and the filling said flats. 

Section 2. The governor and council shall from time to Governor and 
time ascertain themselves, or by proper agents to be by them timtliicon^^ 
appointed, whether all contracts now or hereafter to be made state\Ive^been 
with the Commonwealth in relation to the said flats for compiled witii. 
expenditures to be made in improving the same and in the 
construction of its road and all conditions required to entitle 
it to receive scrip have been complied with by said railroad 
company ; and whenever the governor and council shall find scrip to be 
that said railroad company shall have, since May first of the work pro- 
present year, complied with such conditions and agreements, s'"*'^*®*- 
and properly expended at least one hundred thousand 



760 1869.— Chapter 450. 

dollars in construction of its railroad between Boston and 
Fishkill aforesaid, or in the purchase of new equipment to 
be used on said line of road, or in filling fiats now owned by 
said railroad company, or which it may hereafter purchase 
of the Commonwealth on the northerly shore of South 
Boston, and in building a sea-wall around or along the same, 
as now is, or may be, provided in any contract between said 
railroad company and the Commonwealth, or in construction 
of buildings thereon for railroad uses, then said governor 
and council shall cause certificate thereof to be made to the 
treasurer of the Commonwealth, and scrip to the amount 
expended shall be delivered under the terms and provisions 
of this act to said railroad company, (reckoning a pound 
sterling to represent four dollars and eighty-four cents,) and 
for every additional sum of one hundred thousand dollars 
expended by said railroad company, in the manner and for 
the purposes aforesaid, scrip to the amount expended shall 
be delivered, in the manner and upon the terms aforesaid, to 
said railroad company, until the whole amount authorized 
shall have been issued and delivered. And no further issue 
or delivery of scrip shall be made to said company on 
account of any expenditure prior to May first of the present 
Expenses in year. Any expenses incurred by the Commonwealth, or by 
to be^paici'by'^" the govcmor and council or any committees or agents of the 
pany*!'^'^ ^^""^ samc in relation to the loan hereby or heretofore authorized, 
shall be paid by said railroad company, together with a 
proper sum in compensation for any services of such agents, 
to be determined by the governor and council. 
No scrip to be SECTION 3. No scrip shall be delivered to the treasurer of 
agreement has said railroad compauy under the provisions of this act until 
by road to"com- au agreement shall have been executed by said company to 
v-isi^s^oF'this ^1^^ Commonwealth, in a form approved by the attorney- 
act, and to pay general of the Commonwealth, and delivered to the treasurer 
Fnterestiifgoid, of the Commonwealth, and conditioned that said railroad 
^^' company shall comply with the provisions of this act, and 

shall indemnify and save harmless the Commonwealth from 
all expenses incurred, or loss or damage on account of said 
scrip, and that said railroad company shall and will well and 
truly pay the principal sum of said scrip in gold coin when 
the same shall become due and payable, and interest thereon 
in gold coin as the same shall fall due, together with the 
cost of exchange on both principal and interest as heretofore 
provided, and shall have executed to the Commonwealth a 
mortgage satisfactory to the governor and council, of the 
flats purchased, or which may hereafter be purchased, of the 
Commonwealth, and of the lands and flats purchased of the 



1869.— Chapter 450. 761 

Boston "Wharf Company, in security for said purchase or 
purchases of the Commonwealth and for the loan hereby 
authorized, and for any other liability said railroad company 
may incur to said Commonwealth in and by any contract 
made or hereafter to be made, and shall deliver to the 
treasurer of the Commonwealth, before said railroad com- 
pany shall receive the scrip as aforesaid, as security for the 
performance of the conditions of said agreement, one thousand 
dollars in the bonds secured by the mortgage to Robert H. 
Berdell and others, trustees, to and for every one thousand 
dollars to be received by said treasurer of the Boston, Hart- 
ford and Erie Railroad Company in scrip as herein provided. 

Section 4. There shall be reserved and set apart by said ^sueHoVe^ri^ 
railroad company from each one hundred thousand dollars of served and paid 
the amount received from the sale of scrip issued to said sioners of sink- 
railroad company from the Commonwealth, such a sum as '"^^"°*^' 
the governor and council shall direct, which shall within 
thirty days from and after said scrip is delivered, be paid to 
the commissioners of the sinking fund established by the act 
to which this is in addition, to be held and invested agreeably 
to the provisions establishing said fund, and the sum so 
reserved shall not be a less amount than shall with the 
accumulations produce at the maturity of such scrip an 
amount equal to the scrip so issued. 

Section 5. The governor and council shall themselves, or Governor, &c., 

, ., . -ix i. • J. 1 ^ ii i , to have access 

by their committees or agents appointed tor that purpose, at to books and 
all times, until the payment of the scrip issued under this company."^ 
act, and of the act to which this is in addition, have free 
access to all the books and accounts of said railroad company 
for the purpose of examination. 

Section 6. Section four of chapter two hundred and Kepeai. 
eighty-four of the acts of the year eighteen hundred and 
sixty-seven, and also so much of said chapter as relates to 
the appointment of commissioners, and the duties to be per- 
formed by them, and the conditions for the issue of scrip, so 
far as relates to the further issue thereof, is hereby repealed. 

Section 7. There shall be two directors of said Boston, Two directors 
Hartford and Erie Railroad Company on the part of the onthep^art°of 
Commonwealth, with all the rights and powers of stock ^'^^^ *''*^'^' 
directors. They shall be appointed by the governor and 
council, and upon the passage of this act one shall be ap- 
pointed to serve for one year and one to serve for two years, 
and each year thereafter one shall be appointed to serve for 
two years. 

Section 8. And the said Boston, Hartford and Erie Rail- g^J^'J.gfllJu^* °^ 
road Company shall grant, at pro rata rates, to all parties ness. 

47 



76'3 1869.— Chapters 451, 452, 453. 

applying therefor, the privilege to run over its road, and over 
all other roads under the control of the said company, for the 
purpose of carrying on the express business between all the 
towns upon the line of said road or roads. 

Section 9. This act shall take effect upon its passage. 

Approved June 22, 1869. 

Chap, 451 -A^N Act to empower probate courts to authorize trustees and 
guardians to mortgage real estate in certain cases. 

Be it enacted^ iVc, as follows : 

Trustees and SECTION 1. Probatc courts, after notice to all persons in- 

be aiithoAr^d^ tcrcstcd, may authorize any trustee or guardian having the 

rei™hs^lr^a°^ coutrol and management of any real estate to mortgage the 

terments. same for the purpose of paying the sums assessed thereon for 

betterments, or the espense of repairs and improvements 

thereon made necessary by such betterments, when it shall 

appear to the court to be for the interest of such estate ; and 

the interest on such mortgage and any portion of the principal 

which the court may direct, shall be paid out of the income 

derived from the mortgaged estate. 

Mortgage to set SECTION 2. lu cvcrv sucli mortgage it shall be set forth 

forth that it wa.9 *^ do 

made by leave that the samc was cxecutcd by leave of the court, and the 
oi court. ^i^^g when such leave was granted, and such mortgage shall 

bind only the estate so mortgaged ; but the court shall re- 
quire such trustee or guardian to give bond with sufficient 
sureties conditioned for the faithful application of the money 
received on such mortgage. 

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

Approved June 22, 1869. 

Chap. 452 An Act to repeal chapter one hundred and sixty-six of the 
acts of the year eighteen hundred and sixty, relating to 
single acts of drunkenness. 
Be it enacted, §'c., as follows : 
isfio, i66,re- SECTION 1. Chapter one hundred and sixty-six of the acts 

^^^ *^ ' of the year eighteen hundred and sixty is hereby repealed, 

G. s. 165, §§ 25, and sections twenty-five, twenty-six and twenty-seven, of 
' ''■®^'^* ■ chapter one hundred and sixty-five of the General Statutes, 
are hereby declared to be in full force and effect. 

Section 2. This act shall take effect upon the first day of 
July of the present year. Approved June 22, 1869. 

Chap. 453 An Act in addition to an act to establish the board of state 

charities. 

Be it enacted, ^'c, as follows: 

Agent to visit SECTION 1. The ffovemor, with the advice and consent of 

children main- -i i n • i . • • n i m t 

taiued or inrteii- the couucil, shall appoint ail agent to visit all children main- 
monweaitiiT' taiucd whoUy or in part by the Commonwealth, or who have 



1869.-— Chapter 453. 763 

been indentured, given in adoption or placed in tlie charge 
of any family or person by the authorities of any state in- 
stitution, or under any provision of this act. 
He shall hold his office for one year, subject to removal by —to iiow office 

ji 1 •! 1 1 11 • 11 one year and 

the governor and council, and shall receive an annual salary receive s2,5oo 
of twenty-five hundred dollars ; and, with the approval of the ^'^'''^''y- 
board of state charities, he may employ such assistants and 
incur such expenses as may be necessary for the discharge of 
his official duties. 

Section 2. It shall be his duty to visit the children afore — to visit chii- 
said, or cause them to be visited, at least once in three once in three 
months, to inquire into their treatment, their health and ™°"t''®- 
their associations, and especially to ascertain whether their 
legal rights have been invaded, and whether all contracts or 
stipulations made in their behalf have been duly observed, 
and to collect such other information respecting them as the 
board of state charities may direct ; and, for this purpose, he 
shall have the right to hold private interviews with the chil- 
dren, whenever he may deem it advisable. 

Section 3. All applications to take any of the children -to investigate 
above specified, by indenture, adoption or any other method applicant for 
fixed by law, shall be referred to the aforesaid agent, who of'Sdid"' ^'^'' 
shall investigate the character of each applicant, and the ex- 
pediency of so disposing of the child applied for, and report 
the result to the board or magistrate liaving jurisdiction over 
the child, and no such child shall be indentured or otherwise 
disposed of until such report is received ; and in case any 
child shall be placed in a home which the said agent may 
deem unsuitable, he shall forthwith report the facts to the 
board of state charities for their action thereon, and the gov- 
ernor and council may at any time annul any indenture by 
which such child may be held. 

Section 4. Whenever application is made for the commit- —to be notified 
ment of any child to any reformatory maintained by the whenappiica- 
Commonwealth, the magistrate before whom the hearing is co°mnfitoen't,oT 
to be held shall duly notify the visiting agent of the time atory lusTitu-'"' 
and place of the hearing, by written notice mailed one week tiou. 
at least before the time of hearing, and directed to said agent 
at the state house, and the agent shall attend at said hearing 
in person or by deputy, in behalf of the child ; and if it shall 
appear to the said magistrate that the interests of the child 
will be promoted by placing him in a suitable family, he may, 
instead of committing him to a reformatory, authorize the 
board of state charities to indenture the child during the 
whole or a portion of his minority, or to place him in such 
family. And the board of state charities is hereby author- 



764 1869.— Chapters 454, 455. 

ized to provide for the maintenance of any child jDlaced in a 
family as aforesaid at an expense not exceeding the average 
cost of the support of such child in any of the state reform- 
atories. And it shall be the duty of said agent to seek out 
families willing and suitable to receive such children, and 
furnish the names and places of residence of the same to the 
boards or magistrates who are to provide for the commitment 

Proviso. or indenture of a child under this act : provided, that the 

provisions of this section so far as they require notice to the 
visiting agent shall not apply to the superior court. 

—to make SECTION 5. The visitiug agent shall make a monthly re- 

toToarci/*'^"'^ port to the board of state charities of all his proceedings, 
especially concerning children placed in families under the 
fourth section of this act, and any person aggrieved by his 
action shall have the right of appeal to the board or mag- 
istrate having original jurisdiction of the child. 

Industrial SECTION 6. The dutics required in sections three and four 

orgirs. ^^ ^j^.^ ^^^ shall, in case of the industrial school for girls, be 
performed by the officers of that institution under the super- 
vision of the board of state charities. 

Salary of secre- SECTION 7. The Secretary of the board of state charities 
ary o oar . ^^^ rcccivc an annual salary of three thousand dollars from 
the first day of January of the present year. . 

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

Approved June 23, 1869. 

Chap. 454 -^^ Act to establish the salary of the chief clerk of the 
-* ' treasury department. 

Be it enacted, §'c., as follows : 

Salary estab- SECTION 1. The chicf clcrk of the treasury department 
hshed. shall receive an annual salary of twenty-five hundred dollars, 

payable from the first day of January of the present year. 
Section 2. This act shall take effect upon its passage. 

Approved June 23, 1869. 
TO establish a registry of deeds 

ERN DISTRICT OF ESSEX. 

Be it enacted, ^'c, as follows: 

Amendment. SECTION 1. Scctiou scvcn of thc act to establish a registry 
of deeds in the northern district of Essex, passed at the pre- 
sent session, is hereby amended by striking therefrom the 
word " June" and inserting in place thereof the words 
" July next." 

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

Approved June 23, 1869. 



Chap. 455 An Act to amend an act t 

IN THE NORTHE 



1869.— Chapters 456, 457. 765 

An Act concerning the boston, hartford and erie rrilroad Chap. 456 

COMPANY. 

Be it enacted, ^'c, as folloios : 

Section 1. The Boston, Hartford and Erie Railroad Com- May issue 
pany is hereby authorized, with the consent of tlie governor laTd bouShf of"^ 
and council, to issue bonds to the amount of twelve hundred |]ompanJ.'*'^'^^ 
thousand dollars, in sums of not less than two hundred dol- 
lars each, to be dated November twentieth, eighteen hundred 
and sixty-eight, payable in twenty years from their date, and 
bearing interest at the rate of seven per cent, per annum, 
payable semi-annually, to pay for land and flats purchased 
by or for it, of the Boston Wharf Company, and said bonds 
may be secured by a mortgage of the premises so purchased. 

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

Approved June 23, 1869. 
An Act in relation to city, town and private telegraph Cha2)> 4l51 

LINES, AND TO REPEAL CHAPTER TWO HUNDRED AND THIRTY- 
TWO OF THE ACTS OF THE PRESENT YEAR. 

Be it enacted, Sfc, as follows : 

Section 1. Cities and towns may construct for their own May construct 

T ft • , ^ 1 11 j.11'1 hues of electric 

use Inies oi electric telegraph upon and along the highways telegraph. 
and public roads within their respective limits, subject to the 
provisions of chapter sixty-four of the General Statutes, as 
far as the same are applicable. 

Section 2. The board of aldermen of cities and the —may author- 
selectmen of towns may authorize any person, upon such ties to construct 
terms and conditions as they may prescribe, and subject to ^c?'^**^ ''''^^' 
the provisions of chapter sixty-four of the Genera,l Statutes, 
as far as applicable, to construct for private use a line of 
electric telegraph upon and along the highways and public 
roads of the city or town. After the erection of such line, posts and stmc- 
the posts and structures thereof within the location of such town^pi^pTr'ty*; 
highways and roads shall become the property of the city or ^^c. 
town, and shall be subject to the regulation and control of 
the board of aldermen or selectmen, who may at any time 
require alterations in the location or erection of such posts 
and structures to be made by the parties using the same, and 
may order the removal thereof, having first given such parties 
notice and an opportunity to be heard. The city or town 
may, at any time, attach wires for its own use to such posts 
and structures, and the board of aldermen or selectmen may 
permit other persons to attach wires for their private use 
thereto or to posts and structures established by the city or 
town, and may prescribe stich terms and conditions therefor, 
as they shall deem reasonable. 



766 



1869.--CHAPTER 458. 



Repeal. 



Jurisdiction 
ceded to United 
States. 



^r^'to^strai"" Section 3. "Whoever unlawfully and intentionally injures, 
tures, &c. molests Or destroys any wires, posts, structures or fixtures of 
any line of electric telegraph, established or constructed 
under authority of this act, shall be punished by a fine 
not exceeding five hundred dollars, or by imprisonment not 
exceeding two years, or by both said penalties. 

Section 4. Chapter two hundred and thirty-two of the 
acts of the year eighteen hundred and sixty-nine is hereby 
repealed. 

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

Approved June 23, 1869. 

Chcip.4:5S An Act to cede jurisdiction to the united states over the 

SITES OF FORT ANDREW AND FORT 8TANDISH, AT THE ENTRANCE 
OF PLYMOUTH HARBOR. 

Be it enacted, ^c, as follows : 

Section 1. Jurisdiction is hereby ceded to the United 
States over the site of Fort Standish, on the Saquish Neck, 
and over the site of Fort Andrew, on the Gurnet Point, 
(both sites lying to the northward and eastward, and near 
the entrance of the harbor of Plymouth,) for the purpose of 
building and maintaining thereon such forts, arsenals, wharves 
or other structures, with their appendages, as may be neces- 
sary for the public service, and as may be purchased for such 
use by the United States ; and the jurisdiction is also ceded