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^•^un-;ji./ 


SlOVEBSiry  OF  KKMTUCKt 


'iniy 


ACTS 


EESOLYES 


PASSED   BY   THE 


General  €mxt  0f  PassucIjuBftts, 


IN   THE   YEAB 


1  8  7  O, 


TOGETHER  WITH 

THE    CONSTITUTION,    THE    MESSAGES    OF    THE    GOVERNOR, 

LIST    OF    THE    CIVIL     GOVERmiENT,    CHANGES 

OF    NAMES    OF    PERSONS, 

Etc.,    Etc.,    Etc. 


PUBLISHED   BY   THE 

SECRETARY  OF  THE  COMMONWEALTH. 


BOSTON: 

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

1870. 


A   CONSTITUTION 


FORM   OF   GOVERNMENT 


Commontoealtt  of  llassat|«sUt5. 


PEEAMBLE. 

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

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

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


CONSTITUTION.    • 

constitution  of  civil  government  for  ourselves  and  posterity  ; 
and  devoutly  imploring  his  direction  in  so  interesting  a 
design,  do  agree  upon,  ordain  and  establish  the  following 
Declaration  of  Rights  and  Frame  of  Government,  as  the 
Constitution  of  the  Commonwealth  of  Massachusetts. 


PART      THE      FIRST. 

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

nXfairi'lTts        ^^'^'  ^'     ^^^  ™®^  ^^^  ^^^^  ^^'^^  ^^^  cqual,  and  have  cer- 
of  all  men.        tain  natural,  essential  and  unalienable  rights  ;  among  which 
may  be  reckoned  the  right  of  enjoying  and  defepding  their 
lives  and  liberties  ;  that  of  acquiring,  possessing  and  protect- 
ing property  ;  in  fine,  that  of  seeking  and  obtaining  their 
safety  and  happiness. 
Right  and  duty      n.     It  is  the  right  as  well  as  the  duty  of  all  men  in  society, 
gious\vorship!  publicly,  and   at  stated  seasons,  to  worship  the  Supreme 
Being,  the   great  Creator  and  Preserver  of  the  universe. 
Protection        And  110  subjcct  sliall  be  hurt,  molested  or  restrained,  in  his 
person,  liberty  or  estate,  for  worshipping  God  in  the  manner 
and  season  most  agreealble  to  the  dictates  of  his  own  con- 
science ;  or  for  his  religious  profession  or  sentiments ;  pro- 
vided he  doth  not  disturb  the  public  peace,  or  obstruct  others 
in  their  religious  worship. 

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

stituted'for  '      tion  of  civil  government,  essentially  depend   upon    piety,  religion   and 

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

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

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

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

visionfo'/public  the  people  of  this  Commonwealth  have  a  right  to  invest  their  legislature 

worship;  with  power  to  authorize  and  require,  and  the  legislature  shall,  from  time 

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

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

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

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

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

voluntarily. 

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


CONSTITUTION.  5 

And  the  people  of  this  Commonwealth  have  also  a  right  to,  and  do,  and  to  enjoin 
invest  their  legislature  with  authority  to  enjoin  upon  all  the  subjects  an  fijereon""^'' 
attendance  upon  the  instructions  of  the  public  teachers  aforesaid,  at  stated 
times  and  seasons,  if  there  be  any  on  whose  instructions  they  can  consci- 
entiously and  conveniently  attend. 

Provided,  notwithstanding,  that  the  several  towns,  parishes,  precincts,  Exclusive  riglit 
and  other  bodies  politic,  or  religious  societies,  shall  at  all  times,  have  the  "jtiolfs'^teachers 
exclusive  right  of  electing  their  public  teachers,  and  of  contracting  with  g^'cured. 
them  for  their  support  and  maintenance. 

And  all  moneys,  paid  by  the  subject,  to  the  support  of  public  worship,  Option  as  to 
and  of  the  public  teachers  aforesaid,  shall,  if  he  require  it,  be  uniformly  cJ,'|ai"JaxeTmay 
applied  to  the  support  of  the  public  teacher  or  teachers  of  his  own  religious  be  paid,  unless, 
sect  or  denomination,  provided  there  be  any  on  whose  instructions  he  &c- 
attends ;  otherwise  it  may  be  paid  toward  the  support  of  the  teacher  or 
teachers  of  the  parish  or  precinct  in  which  the  said  moneys  are  raised. 

And  every  denomination  of  Christians,  demeaning  themselves  peace-  Alldenomina- 
ably,  and  asgood  subjects  of  the  Commonwealth,  shall  be  equally  under  protlctecL^^^ 
the  protection  of  the  law  :  and  no  subordination  of  any  one  sect  or  denom-  Subordination 
ination  to  another  shall  ever  be  established  by  law.]  anothe/pro-**' 

hibited. 

lY.     The  people  of  this  Commonwealth  have  the  sole  and  Right  of  seif- 

t       •  •    T   ,       n  •  n  1  !>  •         government 

exclusive  right  of  governing  themselves  as  a  tree,  sovereign  secured. 
and  independent  State  ;  and  do,  and  forever  hereafter  shall, 
exercise  and  enjoy  eveiy  power,  jurisdiction  and  right,  which 
is  not,  or  may  not  hereafter,  be  by  them  expressly  delegated 
to  the  United  States  of  America,  in  Congress  assembled. 

V.  All  power  residing  originally  in  the  people,  and  being  ^/^^"{"J^^^^^gj*'' 
derived  from  them,  the  several  magistrates  and  officers  of  &c. 
government,  vested  with  authority,  whether  legislative,  exec- 
utive or  judicial,  are  their  substitutes  and  agents,  and  are  at 

all  times  accountable  to  them. 

VI.  No  man,  nor  corporation  or  association  of  men,  have  ^|'e|*^7^,  ^f^;. 
any  other  title  to  obtain  advantages^  or  particular  and  exclu-  public  being 

.  ■'  .     .,  T    i-        i    />  j^i  J?  J.1  "J-       j-1  the  only  title  to 

sive  privileges,  distinct  from  those  oi  the  community,  than  peculiar  prm- 
what  arises  from  the  consideration  of  services  rendered  to  JlfyofflcTJ^^e 
the  public  ;  and  this  title  being  in  nature  neither  hereditary,  ^^^^/t^,.^"'^ 
nor  transmissible  to  children  or  descendants,  or  relations  by 
blood,  the  idea  of  a  man  born  a  magistrate,  lawgiver  or 
judge,  is  absurd  and  unnatural. 

YII.     Government  is  instituted  for  the  common  good  ;  for  objects  of  gov- 

,,.  o  ±^  1         erumeut ;  right 

the  protection,  saiety,  prosperity  and  happiness  ot  the  people  ;  of  people  toin- 

and  not  for  the  profit,  honor  or  private  interest  of  any  one  chang^elt. 

man,  family  or  class  of  men :  Therefore  the  people  alone 

have  an  incontestable,  unalienable  and   indefeasible  right 

to  institute  government ;    and  to  reform,  alter  or  totally 

change  the  same,  when  their  protection,  safety,  prosperity 

and  happiness  require  it. 

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


CONSTITUTION. 


All,  having  the 
qualiflcations 
prescribed, 
equally  eligible 
to  office. 


Right  of  protec- 
tion and  duty 
of  contribution 
correlative. 


Taxation 
founded  on  con- 
sent. 


Private  prop- 
erty not  to  be 
taken  for  pub- 
lic uses  with- 
out, &c. 


Kemedies  by  re- 
course  to   the 
law,  to  be  free, 
complete   and 
prompt. 


Prosecutions 
regulated. 


Right  to  trial  by 
jury,  in  crim- 
inal cases,  ex- 
cept, &c. 


by  their  frame  of  government,  to  cause  their  public  officers 
to  return  to  private  life  ;  and  to  fill  up  vacant  places  by 
certain  and  regular  elections  and  appointments. 

IX.  All  elections  ought  to  be  free  ;  and  all  the  inhabi- 
tants of  this  Commonwealth,  having  such  qualifications  as 
they  shall  establish  by  their  frame  of  government,  have  an 
equal  right  to  elect  officers,  and  to  be  elected,  for  public 
employments. 

X.  Each  individual  of  the  society  has  a  right  to  be  pro- 
tected by  it  in  the  enjoyment  of  his  life,  liberty  and  property, 
according  to  standing  laws.  He  is  obliged,  consequently,  to 
contribute  his  share  to  the  expense  of  this  protection  ;  to  give 
his  personal  service,  or  an  equivalent,  when  necessary  :  but 
no  part  of  the  property  of  any  individual  can,  with  justice, 
be  taken  from  him,  or  applied  to  public  uses,  without  his  own 
consent,  or  that  of  the  representative  body  of  the  people.  In 
fine,  the  people  of  .this  Commonwealth  are  not  controllable 
by  any  other  laws  than  those  to  which  their  constitutional 
representative  body  have  given  their  consent.  And  when- 
ever the  public  exigencies  require  that  the  property  of  any 
individual  should  be  appropriated  to  public  uses,  he  shall 
receive  a  reasonable  compensation  therefor. 

XL  Every  subject  of  the  Commonwealth  ought  to  find 
a  certain  remedy,  by  having  recourse  to  the  laws,  for  all 
injuries  or  wrongs  which  he  may  receive  in  his  person, 
property  or  character.  He  ought  to  obtain  right  and  justice 
freely,  and  without  being  obliged  to  purchase  it ;  completely, 
and  without  any  denial  ;  promptly,  and  without  delay, 
cofiformably  to  the  law*. 

XII.  No  subject  shall  be  held  to  answer  for  any  crimes 
or  offence  until  the  ■  same  is  fully  and  plainly,  substantially 
and  formally,  described  to  him  ;  or  be  compelled  to  accuse, 
or  furnish  evidence  against  himself:  and  every  subject  shall 
have  a  right  to  produce  all  proofs  that  may  be  favorable  to 
him  ;  to  meet  the  witnesses  against  him  face  to  face,  and  to 
be  fully  heard  in  his  defence  by  himself,  or  his  counsel,  at 
his  election.  And  no  subject  shall  be  arrested,  imprisoned, 
despoiled  or  deprived  of  his  property,  immunities  or  privi- 
leges, put  out  of  the  protection  of  the  law,  exiled  or  deprived 
of  his  life,  liberty  or  estate,  but  by  the  judgment  of  his  peers, 
or  the  law  of  the  land. 

And  the  legislature  shall  not  make  any  law  that  shall  sub- 
ject any  person  to  a  capital  or  infamous  punishment,  except- 
ing for  the  government  of  the  army  and  navy,  without  trial 
by  jury. 


CONSTITUTION.  7 

XIII.     In  criminal  prosecutions,  the  verification  of  facts,  ^^Tedinthe 
in  the  vicinity  where  they  happen,  is  one  of  the  greatest  vicinity, 
securities  of  the  life,  liberty  and  property  of  the  citizen. 

XIY.     Every  subiect  has  a  rieht  to  be  secure  from  all  Eight  of  search 

,,        •'         ,*'  -,        .  />!•  I'l  and  seizure  reg- 

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

XY.     In  all  controversies  concerning  property,  and  in  all  Right  to  trial  by 

■*■         •^  '^  lurv  s3,cr6Q  ©X" 

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

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

XYII.     The  people  have  a  right  to  keep  and  to  bear  arms  Right  to  keep 

n        ,-i  1    £•  I      T  '      1'  i'  •        and  bear  arms. 

for  the  common  detence.  And  as,  in  time  oi  peace,  armies  standing  ar- 
are  dangerous  to  liberty,  they  ought  not  to  be  maintained  ™^s.*  Mmflry 
without  the  consent  of  the  legislature ;    and  the  military  p?^'^"  f^^PK: 

■,,,-,  1111-  IT  •  1        dinate  to  Civil. 

power  shall  always  be  held  in  an  exact  subordination  to  the 
civil  authority,  and  be  governed  by  it. 

XYIII.     A  frequent  recurrence  to  the  fundamental  prin-  Morai^quaimca- 
ciples  of  the  constitution,  and  a  constant  adherence  to  those 
of  piety,  justice,  moderation,  temperance,  industry  and  fru- 
gality, are  absolutely  necessary  to  preserve  the  advantages 
of  liberty,  and  to  maintain  a  free  government.     The  people 
ought,  consequently,  to  have  a  particular  attention  to  all 
those  principles,  in  the  choice  of  their  officers  and  represent- 
atives :  and  they  have  a  right  to  require  of  their  lawgivers  Moral  obiiga- 
and  magistrates,  an  exact  and  constant  observance  of  them,  ghers°and^^ 
in  the  formation  and  execution  of  the  laws  necessary  for  the  magistrates, 
good  administration  of  the  Commonwealth. 

XIX.     The  people  have  a  right,  in  an  orderly  and  peace-  ^'fngtraet^re^^- 
able  manner,  to  assemble  to  consult  upon  the  common  good  ;  resentatiyes 
give  instructions  to  their  representatives,  and  to  request  of  fegisfatire." 
the  legislative  body,  by  the  way  of  addresses,  petitions  or 


8  CONSTITUTION. 

remonstrances,  redress  of  the  wrongs  done  them,  and  of  the 
grievances  the3''  suffer. 
pe^^Ve  laws      ^^'     ^^^^  powcr  of  Suspending  the  laws,  or  the  execution 
or  their  exebu-  of  the  laws,  ought  ncvcr  to  be  exercised  but  by  the  legisla- 
ture, or  by  authority  derived  from  it,  to  be  exercised  in  such 
particular  cases  only  as  the  legislature  shall  expressly  pro- 
vide for. 
Freedom  of  de-      XXI.     The  freedom  of  deliberation,  speech  and  debate,  in 

bate,    &c.,   and      .  ^  pjii-i  •  -i  i         '    ^  n 

reason  thereof,  either  housc  01  the  legislature,  IS  so  essential  to  the  rights  oi 
the  people,  that  it  cannot  be  the  foundation  of  any  accusa- 
tion or  prosecution,  action  or  complaint,  in  any  other  court 
or  place  whatsoever. 
SonTami  Ob-        XXII .     The  legislature  ought  frequently  to  assemble  for 
jects  thereof,     tlic  rcdrcss  of  grievauccs,  for  correcting,  strengthening  and 
confirming  the  laws,  and  for  making  new  laws,  as  the  com- 
mon good  may  require, 
founded'on con-      XXIII.     No  subsidy,  charge,  tax,  impost  or  duties,  ought 
sent.  to  be  established,  fixed,  laid  or  levied,  under  any  pretext 

whatsoever,  without   the   consent   of  the   people,  or   their 
representatives  in  the  legislature, 
liwfpro'^"*''''        XXIV.     Laws  made  to  punish  for  actions  done  before  the 
hibited.  existence  of  such  laws,  and  which  have  not  been  declared 

crimes  by  preceding  laws,  are  unjust,  oppressive  and  incon- 
sistent with  the  fundamental  principles  of  a  free  government. 
tcTlonvi^of""*  XXV.  No  subject  ought,  in  any  case,  or  in  any  time,  to 
treason,  &c.  be  declared  guilty  of  treason  or  felony  by  the  legislature. 
or'"'fineI!' and  XXVI.  No  magistrate  or  court  of  law  shall  demand 
cruel  punish-    exccssivc  bail  Or  sureties,  impose  excessive  fines,  or  inflict 

ments  prohib-  ■,  i  •   -i  , 

ited.  cruel  or  unusual  punishments. 

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

quartered    m  -.   .  .  '  i  ^  /»i  !• 

any  house,  un-    tcred  in  any  house  without  the  consent  oi  the  owner ;  and  in 
^**'   ''■  time  of  war,  such  quarters  ought  not  to  be  made  but  by  the 

civil  magistrate,  in  a  manner  ordained  by  the  legislature. 

empT'from  XXVIII.     No  pcrsou  cau  in  any  case  be  subjected  to  law- 

law-martiai,      martial,  or  to  any  penalties  or  pains,  by  virtue  of  that  law, 

except  those  employed  in  the  army  or  navy,  and  except  the 

militia  in  actual  service,  but  by  authority  of  the  legislature. 

"^reml*  udicial       XXIX.     It  is  essciitial  to  the  preservation  of  the  rights  of 

court.  every  individual,  his  life,  liberty,  property  and  character, 

that  there  be  an  impartial  interpretation  of  the  laws,  and 

administration  of  justice.     It  is  the  right  of  every  citizen  to 

be  tried  by  judges  as  free,  impartial  and  independent  as  the 

Tenure  of  their  lot  of  humanity  will  admit.     It  is,  therefore,  not  only  the 

°®*^®'  best  policy,  but  for  the  security  of  the  rights  of  the  people, 

and  of  every  citizen,  that  the  judges  of  the  supreme  judicial 

court  should  hold  their  offices  as  long  as  they  behave  them- 


CONSTITUTION.  9 

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

XXX.     In  the  government   of  this  Commonwealth,  the  separation  of 
legislative  department  shall  never  exercise  the  executive  and  dfciai,and'iig- 
judicial  powers,  or  either  of  them  :  the  executive  shall  never  mimig^'^^P 
exercise   the   legislative   and  judicial   powers   or  either  of 
them :  the  judicial  shall  never  exercise  the  legislative  and 
executive  powers,  or  either  of  them :  to  the  end  it  may  be  a 
government  of  laws,  and  not  of  men. 


PART  THE   SECOND. 

The  Frame  of  Government. 

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


CHAPTER  I. 

the  legislative  power. 

Section  I. 

The  General  Court. 

Art.  I.     The  department  of  legislation  shall  be  formed  Legislative  de- 
by  two  branches,  a  Senate  and  House  of  Representatives  ;  p'*''*"'®^*- 
each  of  which  shall  have  a  negative  on  the  other. 

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

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


veto. 


10 


CONSTITUTION. 


Bill    may   be 
passed  by  two- 
thirds  of  each 
house,  notwith- 
"standing. 


See  amend- 
ments, Art.  I. 


General  court 
may  constitute 
judicatories, 
courts  of  re- 
cord, &c. 


Courts,  &c., 
may  adminis- 
ter oaths. 


General  court 
may  enact  laws, 
&c., 


not  repugnant 
to  the  constitu- 
tion; 


objection  to  the  passing  of  such  bill  or  resolve,  he  shall  return 
the  same,  together  with  his  objections  thereto,  in  writing,  to 
the  senate  or  house  of  representatives,  in  whichsoever  the 
same  shall  have  originated,  who  shall  enter  the  objections 
sent  down  by  the  governor,  at  large,  on  their  records,  and 
proceed  to  reconsider  the  said  bill  or  resolve  ;  but  if,  after 
such  reconsideration,  two-thirds  of  the  said  senate  or  house 
of  representatives  shall,  notwithstanding  the  said  objections, 
agree  to  pass  the  same,  it  shall,  together  with  the  objections, 
be  sent  to  the  other  branch  of  the  legislature,  where  it  shall 
also  be  reconsidered,  and  if  approved  by  two-thirds  of  the 
members  present,  shall  have  the  force  of  a  law :  but  in  all 
such  cases,  the  votes  of  both  houses  shall  be  determined  by 
yeas  and  nays  ;  and  the  names  of  the  persons  voting  for  or 
against  the  said  bill  or  resolve,  shall  be  entered  upon  the 
public  records  of  the  Commonwealth. 

And  in  order  to  prevent  unnecessary  delays,  if  any  bill  or 
resolve  shall  not  be  returned  by  the  governor  within  five 
days  after  it  shall  have  been  presented,  the  same  shall  have 
the  force  of  a  law. 

III.  The  general  court  shall  forever  have  full  power  and 
authority  to  erect  and  constitute  judicatories  and  courts  of 
record,  or  other  courts,  to  be  held  in  the  name  of  the  Com- 
monwealth, for  the  hearing,  trying  and  determining  of  all 
manner  of  crimes,  offences,  pleas,  processes,  plaints,  actions, 
matters,  causes  and  things,  whatsoever,  arising  or  happening 
within  the  Commonwealth,  or  between  or  concerning  persons 
inhabiting  or  residing,  or  brought  within  the  same  ;  whether 
the  same  be  criminal  or  civil,  or  whether  the  said  crimes  be 
capital  or  not  capital,  and  whether  the  said  pleas  be  real, 
personal  or  mixed  ;  and  for  the  awarding  and  making  out  of 
execution  thereupon :  to  which  courts  and  judicatories  are 
hereby  given  and  granted  full  power  and  authority,  from 
time  to  time,  to  administer  oaths  or  affirmations,  for  the 
better  discovery  of  truth  in  any  matter  in  controversy,  or 
depending  before  them. 

IV.  And  further,  full  power  and  authority  are  hereby 
given  and  granted  to  the  said  general  court,  from  time  to 
time,  to  make,  ordain  and  establish  all  manner  of  wholesome 
and  reasonable  orders,  laws,  statutes  and  ordinances,  direc- 
tions and  instructions,  either  with  penalties  or  without,  so  as 
the  same  be  not  repugnant  or  contrary  to  this  constitution, 
as  they  shall  judge  to  be  for  the  good  and  welfare  of  this 
Commonwealth,  and  for  the  government  and  ordering  thereof, 
and  of  the  subjects  of  the  same,  and  for  the  necessary  sup- 
port and  defence  of  the  government  thereof ;  and  to  name 


CONSTITUTION.  11 

and  settle  annually,  or  provide  by  fixed  laws,  for  the  naming  ^,1^  Pi^"^?^^^^^ 
and  settling,  all  civil  officers  within  the  said  Commonwealth,  appointment  of 
the  election  and  constitution  of  whom  are  not  hereafter  in 
this  form  of  government  otherwise  provided  for  ;  and  to  set  gj;^?^f.^®  ^^^^^ 
forth  the  several  duties,  powers,  and  limits,  of  the  several 
civil  and  military  officers  of  this  Commonwealth,  and  the 
forms  of  such  oaths,  or  affirmations  as  shall  be  respectively 
administered  unto  them  for  the  execution  of  their  several 
offices  and  places  so  as  the  same  be  not  repugnant  or  con- 
trary to  this  constitution ;  and  to  impose  and  levy  proper-  impose  taxes ; 
tional  and  reasonable  assessments,  rates  and  taxes,  upon  all 
the  inhabitants  of,  and  persons  resident,  and  estates  lying, 
within  the  said  Commonwealth  ;  and  also  to  impose  and  levy  duties  and  ex- 

C1S6S  ' 

reasonable   duties   and   excises   upon   any  produce,  goods, 

wares,  merchandise  and  commodities  whatsoever,  brought 

into,  produced,  manufactured,  or  being  within  the  same ;  to  to  be  ^isi^osed 

be  issued  and  disposed  of  by  warrant,  under  the  hand  of  the  protection,  &c. ' 

governor  of  this  Commonwealth,  for  the  time  being,  with  the 

advice  and  consent  of  the  council,  for  the  public  service,  in 

the  necessary  defence  and  support  of  the  government  of  the 

said  Commonwealth,  and  the  protection  and  preservation  of 

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

be  in  force  within  the  same. 

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

X  o  o  /  •/    1  tfltcs    once   in 

thereof,  shall  be  assessed  on  polls  and  estates,  in  the  manner  ten  years,  at 
that  has  hitherto  been  practised,  m  order  that  such  assess- 
ments may  be  made  with  equality,  there  shall  be  a  valuation 
of  estates  within  the  Commonwealth,  taken  anew  once  in 
every  ten  years  at  least,  and  as  much  oftener  as  the  general 
court  shall  order. 


least,  while,  &c. 


CHAPTER    I. 

Section  II. 

Senate. 

[Art.  I.     There  shall   be   annually  elected,  by  the  freeholders  and  Senate,  number 
other  inhabitants  of  this  Commonwealth,  qualified  as  in  this  constitution  gfect" Jj''^  " '^^"^ 
is  provided,  forty  persons  to  be  councillors  and  senators,  for  the  year 
ensuing  their  election ;  to  be  chosen  by  the  inhabitants  of  the  districts,  See  amend- 
into  which  the  Commonwealth  may,  from  time  to  time,  be  divided  by  the  ^^11**' ^^t*- 
general  court  for  that  purpose  :  and  the  general  court,  in  assigning  the  xxil. 
numbers  to  be  elected  by  the  respective  districts,  shall  govern  tliemsulves 
by  the  proportion  of  the  public  taxes  paid  by  the  said  districts  ;  and  timely 
make  known,  to  the  inhabitants  of  the  Commonwealth,  the  limits  of  each 


12 


CONSTITUTION. 


district,  and  the  number  of  councillors  and  senators  to  be  chosen  therein  : 
provided,  that  the  number  of  such  districts  shall  never  be  less  than  thir- 
teen ;  and  that  no  district  be  so  large  as  to  entitle  the  same  to  choose 
more  than  six  senators. 
Counties  to  be       And  the  several  counties  in  this  Commonwealth  shall,  until  the  general 
districts,  until,  court  shall  determine  it  necessary  to  alter  the  said  districts,  be  districts  for 
See  amend-       tli6  choice  of  councillors  and  senators,  (except  that  the  counties  of  Dukes 
ments,  Arts.       county  and  Nantucket  shall  form  one  district  lor  that  purpose,)  and  shall 
XXli.  *"  elect  the  following  number  for  councillors  and  senators,  viz : — 

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


Manner     and 
time  of  choos- 
ing senators  and 
councillors. 

See  amend- 
ments, Arts. 
II.,  X,  XIV. 
and  XV. 


See    amend- 
ments, Arts. 
III.,    XX., 
XXIII.  and 
XXVI. 


Word  "  inhabi- 
tant "  defined. 


Selectmen   to 
preside  at  town 
meetings. 


Ueturn  of  votes. 


See  amend- 
ments, Art.  II. 

Amendments, 
Art.  X. 


11.  The  Senate  shall  be  the  first  branch  of  the  legisla- 
ture ;  [and  the  senators  shall  be  chosen  in  the  following 
manner,  viz. :  there  shall  be  a  meeting  on  the  first  Monday 
in  April,  annually,  forever,  of  the  inhabitants  of  each  town 
in  the  several  counties  of  this  Commonwealth,  to  be  called 
by  the  selectmen,  and  warned  in  due  course  of  law,  at  least 
seven  days  before  the  first  Monday  in  April,  for  the  purpose 
of  electing  persons  to  be  senators  and  councillors  ;  and  at 
such  meetings  every  male  inhabitant  of  twenty-one  years  of 
age  and  upwards,  having  a  freehold  estate,  within  the  Com- 
monwealth, of  the  annual  income  of  three  pounds,  or  any 
estate  of  the  value  of  sixty  pounds,  shall  have  a  right  to  give 
in  his  vote  for  the  senators  for  the  district  of  which  he  is  an 
inhabitant.]  And  to  remove  all  doubts  concerning  the  mean- 
ing of  the  word  "  inhabitant,"  in  this  constitution,  every 
person  shall  be  considered  as  an  inhabitant,  for  the  purpose 
of  electing  and  being  elected  into  any  office  or  place  within 
this  State,  in  that  town,  district  or  plantation  where  he 
dwelleth  or  hath  his  home. 

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


CONSTITUTION.  13 

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

And  the  inhabitants  of  plantations  unincorporated,  quali-  J^'j'^go^'^orlted 
fied   as   this   constitution    provides,   who   are   or   shall   be  piautations, 
empowered  and  required  to  assess  taxes  upon  themselves  tlxesfmay^***^ 
toward  the  support  of  government,  shall  have  the   same  ^o^^- 
privilege  of  voting  for  councillors  and  senators,  in  the  plan- 
tations where  they  reside,  as  town  inhabitants  have  in  their 
respective  towns  :  and  the  plantation  meetings  for  that  pur-  Plantation 
pose  shall  be  held,  annually,  [on  the  same  first  Monday  in  ™ee^amlnd- 
April,]  at  such  place  in  the  plantations,  respectively,  as  the  ments.Art.x. 
assessors  thereof  shall  direct ;   which  assessors  shall  have  Assessors  to  no- 
like    authority   for   notifying    the   electors,    collecting   and  *""^''  ^*'- 
returning  the  votes,  as  the  selectmen  and  town  clerks  have 
in  their  several  towns,  by  this  constitution.     And  all'other 
persons  living  in  places  unincorporated,  (qualified  as  afore- 
said,) who  shall  be  assessed  to  the  support  of  government, 
by  the  assessors  of  an  adjacent  town,  shall  have  the  privilege 
of  giving  in  their  votes  for  councillors  and  senators,  in  the 
town  where  they  shall  be  assessed,  and  be  notified  of  the 
place  of  meeting,  by  the  selectmen  of  the  town  where  they 
shall  be  assessed,  for  that  purpose,  accordingly. 

Ill,     And  that  there  may  be  a  due  convention  of  senators  Governor  and 

*j  council  to  Gx~ 

[on  the  last  Wednesday  in  May,]  annually,  the  governor,  amine  and 
with  five  of  the  council,  for  the  time  being,  shall,  as  soon  as  SsIue^^Am- 
may  be,  examine  the  returned  copies  of  such  records  ;  and  monses. 
fourteen  days  before  the  said  day,  he  shall  issue  his  summons  See  amend- 
to  such  persons  as  shall  appear  to  be  chosen  by  a  majority  of  °' 
voters,  to  attend  on  that  day,  and  take  their  seats  accord- 
ingly ;  [provided,  nevertheless,  that  for  the  first  year,  the 
said  returned  copies  shall  be  examined  by  the  president  and 
five  of  the  council  of  the  former  constitution  of  government ; 
and  the  said  president  shall,  in  like  manner,  issue  his  sum- 
mons to  the  persons  so  elected,  that  they  may  take  their 
seats  as  aforesaid.] 

lY.     The  senate  shall  be  the  final  judge  of  the  elections,  IZT^Jg^  ^^f 
returns  and  qualifications  of  their  own  members,  as  pointed  eiecHons^&c, 
out  in  the  constitution  ;  and  shall,  on  the  said  [last  Wednes-  members. 
day  in  May,]  annually,  determine  and  declare  who  are  elected 
by  each  district  to  be  senators,  [by  a  majority  of  votes :  and  ^^^^''jjff  ^^^"  ^ 
in  case  there  shall  not  appear  to  be  the  full  number  of  sena-  xiy.  knd 
tors  returned,  elected  by  a  majority  of  votes,  for  any  district,  ' 
the  deficiency  shall  be  supplied  in  the  following  manner, 


14 


CONSTITUTION. 


Vacancies,  how- 
filled. 


(^ualiflcations 
of  a  senator. 
See    amend- 
ments, Arts. 
XIII.  and 
XXII. 


Senate    not   to 
adjourn  more 
than  two  days. 


Shall  choose  its 
officers  and  es- 
tablish its  rules. 
Shall  try  all  im- 
peachments. 


Oath. 


Limitation  of 
sentence. 


Quorum. 


viz. :  The  members  of  the  house  of  representatives,  and  such 
senators  as  shall  be  declared  elected,  shall  take  the  names  of 
such  persons  as  shall  be  found  to  have  the  highest  number 
of  votes  in  such  district,  and  not  elected,  amounting  to  twice 
the  number  of  senators  wanting,  if  there  be  so  many  voted 
for ;  and  out  of  these,  shall  elect  by  ballot  a  number  of  sen- 
ators sufficient  to  fill  up  the  vacancies  in  such  district ;  and 
in  this  manner  all  such  vacancies  shall  be  filled  up  in  every 
district  of  the  Commonwealth ;  and  in  like  manner  all 
vacancies  in  the  senate,  arising  by  death,  removal  out  of  the 
State  or  otherwise,  shall  be  supplied  as  soon  as  may  be  after 
such  vacancies  shall  happen.] 

Y.  Provided,  nevertheless,  that  no  person  shall  be  capa- 
ble of  being  elected  as  a  senator,  [who  is  not  seized  in  his 
own  right  of  a  freehold,  within  this  Commonwealth,  of  the 
value  of  three  hundred  pounds  at  least,  or  possessed  of  per- 
sonal estate  of  the  value  of  six  hundred  pounds  at  least,  or 
of  both  to  the  amount  of  the  same  sum,  and]  who  has  not 
been  an  inhabitant  of  this  Commonwealth  for  the  space  of 
five  years  immediately  preceding  his  election,  and,  at  the 
time  of  his  election,  he  shall  be  an  inhabitant  in  the  district 
for  which  he  shall  be  chosen. 

VI.  The  senate  shall  have  power  to  adjourn  themselves  ; 
provided  such  adjournments  do  not  exceed  two  days  at  a 
time. 

VII.  The  senate  shall  choose  its  own  president,  appoint 
its  own  officers,  and  determine  its  own  rules  of  proceedings. 

VIII.  The  senate  shall  be  a  court,  with  full  authority  to 
hear  and  determine  all  impeachments  made  by  the  house  of 
representatives,  against  any  officer  or  officers  of  the  Com- 
monwealth, for  misconduct  and  mal-administration  in  their 
offices :  but,  previous  to  the  trial  of  every  impeachment,  the 
members  of  the  senate  shall,  respectively  be  sworn,  truly 
and  impartially  to  try  and  determine  the  charge  in  question, 
according  to  evidence.  Their  judgment,  however,  shall  not 
extend  further  than  to  removal  from  office,  and  disqualifica- 
tion to  hold  or  enjoy  any  place  of  honor,  trust  or  profit, 
under  this  Commonwealth  :  but  the  party  so  convicted  shall 
be,  nevertheless,  liable  to  indictment,  trial,  judgment  and 
punishment,  according  to  the  laws  of  the  land. 

IX.  Not  less  than  sixteen  members  of  the  senate  shall 
constitute  a  quorum  for  doing  business. 


CONSTITUTION.  15 

CHAPTER  I. 

Section  III. 
House  of  Representatives. 

Aet.  I.     There  shall  be,  in  the  legislature  of  this  Com-  ^/p^^'I^^'^J^j^"'^ 
monwealth,  a  representation  of  the  people,  annually  elected, 
and  founded  upon  the  principle  of  equality. 

[II.     And  in  order  to  provide  for  a  representation  of  the  citizens  of  ^verbT whom 

this  Commonwealth,  founded  upon  the  principle  of  equality,  every  cor-  chosen. 

porate  town,  containing  one  hundred  and  fifty  ratable  polls,  may  elect  „ 

^  '    ^.  "  ^      ,  ;^  •    •        iu         1,       1      1         1   See    amend- 

one  representative;  every  corporate  town,  containing  three  hundred  and  ments,  Arts. 

seventy-five  ratable  polls,  may  elect  two  representatives;  every  corporate  xir.,xin.  and 
town,  containing  six  hundred  ratable  polls,  may  elect  three  representa-  ■^-^^• 
tives ;  and  proceeding  in  that  manner,  making  two  hundred  and  twenty- 
five  ratable  polls  the  mean  increasing  number  for  every  additional  repre- 
sentative. 

Provided,  nevertheless,  that  each  town  now  incorporated,  not  having  Proviso  as  to 
one  hundred  and  fifty  ratable  polls,  may  elect  one  representative  ;  but  no  {esI^than^Vso 
place   shall  hereafter  be   incorporated  with  the   privilege  of  electing  a  ratable  polls, 
representative,  unless  there  are  within  the  same  one  hundred  and  fifty 
ratable  polls.] 

And  the  house  of  representatives  shall  have  power,  from  I^^Pf  J'se'Vc 
time  to  time,  to  impose  fines  upon  such  towns  as  shall  neglect 
to  choose  and   return  members   to  the  same,  agreeably  to 
this  constitution. 

The  expenses  of  travelling  to  the  general  assembly,  and  ^''Plfjfj^  ^^ 
returning  home,  once  in  every  session,  and  no  more,  shall  and  from  the 
be  paid  by  the  government,  out  of  the  public  treasury,  to  howpaw!"^'^'' 
every  member  who  shall  attend  as  seasonably  as  he  can,  in 
the  judgment  of  the  house,  and  does   not   depart  without 
leave. 

III.     Every  member  of  the  house  of  representatives  shall  of"a "fpresenta- 
be  chosen  by  written  votes  ;  [and,  for  one  year  at  least  next  ti^e- 
preceding  his  election,  shall  have  been  an  inhabitant, of,  and  ments,  Arts. 
have  been  seized  in  his  own  right  of  a  freehold  of  the  value  and  xxl^' 
of  one  hundred  pounds,  within  the  town  he  shall  be  chosen 
to  represent,  or  any  ratable  estate  to  the  value  of  two  hun- 
dred pounds  ;  and  he  shall  cease  to  represent  the  said  town, 
immediately  on  his  ceasing  to  be  qualified  as  aforesaid.] 

[IV.     Every  male  person  being  twenty-one  years  of  age,  and  resident  QualificaUong 
in  any  particular  town  in  this  Commonwealth,  for  the  space  of  one  year  °'*^'''6'^- 
next  preceding,  having  a  freehold  estate  within  the  same  town,  of  the 
annual  income  of  three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  ^^®  ^''^T^t' 
shall  have  a  right  to  vote  in  the  choice  of  a  representative  or  representa-  m.,  xx.  and 
tives  for  the  said  town.]  XXIII. 


16 


CONSTITUTION. 


Kepresenta- 
tives,  when 
chosen. 
See  amend- 
ments, Arts.  X. 
and  XV. 
House  alone 
can  impeach. 


House  to  origi- 
nate all  money 
biUs. 


Not  to  adjourn 
more  than  two 
days  at  a  time. 


Quorum. 
See    amend- 
ments.  Art. 
XXI. 

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


Privileges  of 
members. 


Senate. 

Governor  and 
council  may 
punish. 

General  limita- 
tion. 


Trial  may  be  by 
committee,  or 
otherwise. 


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

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

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

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

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

X.  The  house  of  representatives  shall  be  the  judge  of 
the  returns,  elections  and  qualifications  of  its  own  members, 
as  pointed  out  in  the  constitution ;  shall  choose  their  own 
speaker,  appoint  their  own  officers,  and  settle  the  rules  and 
orders  of  proceeding  in  their  own  house.  They  shall  have 
authority  to  punish  by  imprisonment,  every  person,  not  a 
member,  who  shall  be  guilty  of  disrespect  to  the  house,  by 
any  disorderly  or  contemptuous  behavior  in  its  presence ;  or 
who,  in  the  town  where  the  general  court  is  sitting,  and 
during  the  time  of  its  sitting,  shall  threaten  harm  to  the 
body  or  estate  of  any  of  its  members,  for  anything  said  or 
done  in  the  house  ;  or  who  shall  assault  any  of  4hem  there- 
for ;  or  who  shall  assault  or  arrest  any  witness,  or  other 
person,  ordered  to  attend  the  house,  in  his  way  in  going  or 
returning ;  or  who  shall  rescue  any  person  arrested  by  the 
order  of  the  house. 

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

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

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


CONSTITUTION.  17 

CHAPTER    II. 

EXECUTIVE      POWER. 

Section    I. 
Governor. 

Art.  I.     There  shall  be  a  supreme  executive  magistrate,  Governor. 
who  shall  be  styled — The  Governor  of  the  Commmonwealth 
OF  Massachusetts  ;  and  whose  title  shall  be — His  Excel-  his  title. 
lency. 

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

[III.     Those  persons  who  shall  be  qualified   to  vote  for  senators  and  By  \yliom  cho- 
representatives,  within  the  several  towns  of  this  Commonwealth,  shall,  at  l^"n>ajorfty''of 
a  meeting  to  be  called  for  that  purpose,  on  the  first  Monday  of  April,  votes, 
annually,  give  in  their  votes  ibr  a  governor,  to  the  selectmen,  who  shall  , 

preside  at  such  meetings ;  and  the  town  clerk,  in  the  presence  and  with  ments,  Arts, 
the  assistance  of  the  selectmen,  shall,  in  open  town   meeting,  sort  and  H-i  X-.  XIV. 
count  the  votes,  and  form  a  list  of  the  persons  voted  for,  with  the  number  "•" 
of  votes  for  each  person  against  his  name ;  and  shall  make  a  fair  record 
of  the  same  in  the  town  books,  and  a  public  declaration  thereof  in  the  said 
meeting ;  and  shall,  in  the  presence  of  the  inhabitants,  seal  up  copies  of 
the  said  list,  attested  by  him  and  the  selectmen,  and  transmit  the  same  to 
the  sheriff  of  the  county,  thirty  days  at  least  before  the  last  Wednesday 
in  May ;  and  the  sheriti"  shall  transmit  the  same  to  the  secretary's  oflice, 
seventeen  days  at  least  before  the  said  last  Wednesday  in  May ;  or  the 
selectmen  may  cause  returns  of  the  same  to  be  made,  to  the  office  of  the 
secretary  of  the  Commonwealth,  seventeen  days  at  least  before  the  said 
day ;  and  the  secretary  shall  lay  the  same  before  the  senate  and  the  house 
of  representatives,  on  the  last  Wednesday  in  May,  to  be  by  them  exam- 
ined ;  and  in  case  of  an  election  by  a  majority  of  all  the  votes  returned, 
the  choice  shall  be  by  them  declared  and  published  ;  but  if  no  person  shall  How  chosen, 
have  a  majority  of  votes,  the  house  of  representatives  shall,  by  ballot,  elect  when  no  per- 
two  out  of  four  persons,  who  had  the  highest  number  of  votes,  if  so  many  jority. 
shall  have  been  voted  for;  but,  if  otherwise,  out  of  the  number  voted  for; 
and  make  return  to  the  senate  of  the  two  persons  so  elected ;  on  which, 
the  senate  shall  proceed,  by  ballot,  to  elect  one  Avho  shall  be   declared 
governor.] 

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

3 


18  CONSTITUTION. 

council,  for  the  ordering  and  directing   the  affairs  of  the 

Commonwealth,  agreeably  to  the  constitution  and  the  laws 

of  the  land. 

^orJ'^leTire'"^      ^  *     ^^^  govcmor,  witli  advice  of  council,  shall  have  full 

general  court     powcr  and  authority,  during  the  session  of  the  general  court, 

and" convene     to  adjoum  or  proroguc  the  same  at  any  time  the  two  houses 

the  same.         shall  desirc  ;   [and  to  dissolve  the  same  on  the  day  next  pre- 

nfe^nt^ Art.  X.    ccdiug  tlic  last  Wednesday  in  May ;  and,  in  the  recess  of  the 

said  court,  to  prorogue  the  same  from  time  to  time,  not 

exceeding  ninety  days  in  any  one  recess ;]   and  to  call  it 

together  sooner  than  the  time  to  which  it  may  be  adjourned 

or  prorogued,  if  the  welfare  of  the  Commonwealth  shall 

require  the  same ;  and  in  case  of  any  infectious  distemper 

prevailing  in  the  place  where  the  said  court  is  next  at  any 

time  to  convene,  or  any  other  cause  happening,  whereby 

danger  may  arise  to  the  health  or  lives  of  the  members  from 

their  attendance,  he  may  direct  the  session  to  be  held  at 

some  other  the  most  convenient  place  within  the  State. 

See  amend-  [And  the  governor  shall  dissolve  the  said  general  court  on  the  day  next 

ments,  Art.  X.    preceding  the  last  Wednesday  in  May.] 

TOmfc™  ma  Td^  ^^'  ^^  cascs  of  disagreement  between  the  two  houses, 
jouin  tiie  gen-  with  regard  to  the  necessitv,  expediency  or  time  of  adiourn- 

eral  court  in  ,       ^  ••  ,1  •' '         1  •'  n    ,■, 

cases,  &c.,  mcut  Or  prorogatiou,  the  governor,  with  advice  ot  the  coun- 
ceeding  ^ninety  ^il,  sliall  liavc  a  right  to  adjourii  or  prorogue  the  general 
'•ay*-  court,  not  exceeding  ninety  days,  as  he  shall  determine  the 

public  good  shall  require. 
Governor  to  be      VII.     The  govcmor  of  tliis  Commonwcalth,  for  the  time 
chief.  being,  shall  be  the  commander-in-chief  of  the  army  and 

navy,  and  of  all  the  military  forces  of  the  State,  by  sea  and 
land ;  and  shall  have  full  power,  by  himself,  or  by  any  com- 
mander, or  other  officer  or  officers,  from  time  to  time,  to 
train,  instruct,  exercise  and  govern  the  militia  and  navy ; 
and,  for  the  special  defence  and  safety  of  the  Commonwealth, 
to  assemble  in  martial  array,  and  put  in  warlike  posture  the 
inhabitants  thereof,  and  to  lead  and  conduct  them,  and  with 
them,  to  encounter,  repel,  resist,  expel  and  pursue,  by  force 
of  arms,  as  well  by  sea  as  by  land,  within  or  without  the 
limits  of  this  Commonwealth,  and  also  to  kill,  slay  and 
destroy,  if  necessary,  and  conquer,  by  all  fitting  ways,  enter- 
prises and  means  whatsoever,  all  and  every  such  person  and 
persons  as  shall,  at  any  time  hereafter,  in  a  hostile  manner, 
attempt  or  enterprise  the  destruction,  invasion,  detriment  or 
annoyance  of  this  Commonwealth  ;  and  to  use  and  exercise, 
over  the  army  and  navy,  and  over  the  militia  in  actual  ser- 
vice, the  law  martial,  in  time  of  war  or  invasion,  and  also  in 
.time  of  rebellion,  declared   by  the  legislature  to  exist,  as 


CONSTITUTION.  19 

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

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

VIII.  The  power  of  pardoning  offences,  except  such  as  Governor  and 
persons  may  be  convicted  of  before  the  senate,  by  an  impeach-  pardoL   of-"^ 
ment  of  the  house,  shall  be  in  the  governor,  by  and  with  the  ceptr&c.^^" 
advice  of  council ;  but  no  charter  or  pardon,  granted  by  the  But  not  before 
governor,  with  advice  of  the  council,  before  conviction,  shall  conviction, 
avail  the  party  pleading  the  same,  notwithstanding  any  gen- 
eral or  particular  expressions  contained  therein,  descriptive 

of  the  offence  or  offences  intended  to  be  pardoned. 

IX.  All  judicial  officers,  [the  attorney-general,  the  solici-  ^JrV,''&e!*V°o^ 
tor-general,  all  sheriffs,]  coroners  [and  registers  of  probate,]  nom'inated  and 
shall  be  nominated  and  appointed  by  the  governor,  by  and  see°am'end- 
with  the  advice  and  consent  of  the  council ;  and  every  such  xiv!!x\-ii; 
nomination  shall  be  made  by  the  governor,  and  made  at  and  xix. 
least  seven  days  prior  to  such  appointment. 

X.  The  captains  and  subalterns  of  the  militia  shall  be  Mintia  officers^ 
elected  by  the  written  votes  of  the  train-band  and  alarm  list 

of  their  respective  companies,  [of  twenty-one  years  of  age  see  amend- 
and  upwards  ;]  the  field  officers  of  regiments  shall  be  elected  "^^^  s,    r .    . 
by  the  written  votes  of  the  captains  and  suljalterns  of  their 
respective  regiments  ;  the  brigadiers  shall  be  elected,  in  like 
manner,  by  the  field  officers  of  their  respective  brigades ; 
and  such  officers,  so  elected,  shall  be  commissioned  by  the  Howcommis- 
governor,  who  shall  determine  their  rank. 

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


20  CONSTITUTION. 

Major-generals,      The  major-srenerals  shall  be  appointed  by  the  senate  and 

how    appointed  i  pji-  ii-  ,•  n 

and  coinmis-      housc  01  representatives,  each  having  a  negative  upon  the 

sioned.  other  ;  and  be  commissioned  by  the  governor. 

Vacancies,  how      And  if  the  clcctors  of  brigadiers,  field  officers,  captains  or 

filled,  m  case,  g^^jijalterns  shall  neglect  or  refuse  to  make  such  elections, 

after  being  duly  notified,  according  to  the  laws  for  the  time 

being,  then  the  governor,  with  advice  of  council,  shall  appoint 

suitable  persons  to  fill  such  offices. 

Officers     duly        [And  no  officer,  duly  commissioned  to  command  in  the  militia,  sball  be 

commissioned,    removed  from  his  office,  but  by  the  address  of  both  houses  to  the  eovernor, 
Jiow  rtniovGCl.  *....  o' 

See  amend-         or  by  fair  trial  in  court-martial,  pursuant  to  the  laws  of  the  Commonwealth 
ments,  Art.  IV.  for  the  time  being.] 

Adjutants,  &c.,  The  Commanding  officers  of  regiments  shall  appoint  their 
ow  appoin  e  .  g^(jjjj^g^j-j^g  r^T^^  qiiartermastcrs  ;  the  brigadiers  their  brigade- 

Adjutant-gen-    majors ;  aiid  the  major-generals  their  aids  ;  and  the  governor 

*'"''■  shall  appoint  the  adjutant-general. 

Aimy  officers.       The  govcmor,  witli   advice  of  council,  shall  appoint  all 

low  appom  e  .  Qg^ggj,g  ^^  ^^^  Continental  army,  whom  by  the  confederation 
of  the  United  States  it  is  provided  that  this  Commonwealth 
shall  appoint, — as  also  all  officers  of  forts  and  garrisons. 

Organization  of      The  divisious  of  tlic  militia  into  brigades,  regiments  and 

militia.  .  j       •  c    ±.^  •^•i.•       ^ 

companies,  made  in  pursuance  oi  the  miiitia  laws  now  in 
force,  shall  be   considered   as  the  proper  divisions  of  the 
militia  of  this  Commonwealth,  until  the  same  shall  be  altered 
in  pursuance  of  some  future  law. 
Money,  iiow        XI,     ^o  moiicys  sliall  be  issued  out  of  the  treasury  of 

drawn  from  the     ■,  .      r^  -,   ■,  -it  i^^  i 

treasury,  ex-     this  Commoiiwealth  and  disposed  oi  (except  such  sums  as 

.cept,  &c.  ^^^^^  |_^^  appropriated  for  the.  redemption  of  bills  of  credit  or 

treasurer's  notes,  or  for  the   payment  of  interest   arising 

thereon,)  but  by  warrant  under  the  hand  of  the  governor  for 

the  time  being,  with  the  advice  and  consent  of  the  council, 

for  the  necessary  defence  and  support  of  the  Commonwealth, 

and  for  the  protection  and  preservation  of  the  inhabitants 

thereof,  agreeably  to  the  acts  and  resolves  of  the  general 

court. 

Public    boards      XII.     All  public  boards,  the  commissary-general,  all  super- 

cers  to   make  intending  omccrs  01  public  magazines  and  stores,  belonging 

turns!^*^^^  ^^      to  this  Commoii Wealth,  and  all  commanding  officers  of  forts 

and  garrisons  within  the  same,  shall,  once  in  every  three 

months,  officially  and  without  requisition,  and  at  other  times, 

when  required  by  the  governor,  deliver  to  him  an  account 

of  all  goods,  stores,  provisions,  ammunition,  cannon  with 

their  appendages,  and  small  arms  with  their  accoutrements, 

and  of  all  other  public  property  whatever  under  their  care, 

respectively;   distinguishing   tliQ  quantity,  number,  quality 

and  kind  of  each,  as  particularly  as  may  be ;  together  with 


CONSTITUTION.  21 

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

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

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

Permanent  and  honorable  salaries  shall  also  be  established  ^.'^|f/^j4,°^Jj^e' 
by  law  for  the  justices  of  the  supreme  judicial  court.  judicial  court. 

And  if  it  shall  be  found  that  any  of  the  salaries  aforesaid,  salaries  to  be 

.  f.  ini  •  •  Piuarged,  it  in- 

so  estalnished,  are  insufficient,  they  shall,  Irom  time  to  time,  sufficient. 
be  enlarged,  as  the  general  court  shall  judge  proper. 


CHAPTER      II. 

Section     II. 

Lieutenant-  Governor. 

Aet.  I.     There  shall  be  annually  elected  a  lieutenant-  Lieutenant- 
governor  of  the  Commonwealth  of  Massachusetts,  whose  title  utie  "and  quau- 
shall  be — His  Honor  ;  and  who  shall  be  qualified,  in  point  fixations, 
of  religion,  property,  and  residence  in  the  Commonwealth,  see  .amend- 
in  the  same  manner  with  the  governor ;  and  the  day  and  in.,  yi.,  x'. 
manner  of  his  election,  and  the  qualifications  of  the  electors,  ^^^  ^^' 
shall  be  the  same  as  are  required  in  the  election  of  a  gov- 
ernor.    The  return  of  the  votes  for  this  officer,  and  the  How  chosen, 
declaration  of  his  election,  shall  be  in  the  same  manner ; 
[and  if  no  one  person  shall  be  found  to  have  a  majority  of  all 
the  votes  returned,  the  vacancy  shall  be  filled  by  the  senate 


22 


CONSTITUTION. 


President  of 
council. 


Lieutenant- 
governor   a 
member  of,  ex- 
cept, &c. 

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


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

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

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


CHAPTER      II 
Section     III. 


Council. 

See  amend- 
ments. Art. 
XVI. 


Number  ; '  from 
whom,  and  how 
chosen. 

See  amend- 
ments, Arts.  X., 
XIII.  and  XVI 


Senators  be- 
coming council- 
lors,   seats    va- 
cated. 

Rank  of  coun- 
cillors. 


No  district  to 
have  more  than 
two. 


Council^  and  the  Manner  of  settling  Elections  by  the  Legislature. 

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

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

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

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


CONSTITUTION.  23 

V.  The  resolutions  and  advice  of  the  council  shall  be  f^£^^^  "^ 
recorded  in  a  register  and  signed  by  the  members  present ; 

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

VI.  Whenever  the  office  of  the  governor  and  lieutenant-  council  to  exer- 

o  cise  tne  power 

governor  shall  be  vacant  by  reason  oi  deatn,  absence,  or  of  governor,  in 

otherwise,  then  the  council,  or  the  major  part  of  them,  shall,  '"*^*^' 

during  such  vacancy,  have  full  power  and  authority,  to  do 

and  execute,  all  and  every  such  acts,  matters  and  things,  as 

the  governor  or  the  lieutenant-governor  might,  or  could,  by 

virtue  of  this  constitution,  do  or  execute,  if  they,  or  either 

of  them,  were  personally  present. 

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

tution  on  the  last  Wednesday  in  May  annually,  by  the  two  houses  of  the  untit  &c!™*'*^ 
legislature,  may  not  be  completed  on  that  day,  the  said  elections  may  be 

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

order  of  elections  shall  be  as  follows :  the  vacancies  in  the  senate,  if  any,  ^^jg^jj^g^ts 

shall  first  be  filled  up ;  the  governor  and  lieutenant-governor  shall  then  ^rts.  XVI.  and 

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


CHAPTER     II. 

Section    IV. 
/Secretary,  Treasurer,  Commissary,  <&c. 

Art.  I.     [The  secretary,  treasurer  and  receiver-general,  f^^'^^^jf^J;  ^nd 
and  the  commissary- general,  notaries  public  and  naval  offi-  how  chosen. 
cers,  shall  be  chosen  annually,  by  joint  ballot  of  the  senators  m*(fnts,"Artsl 
and  representatives,  in  one  room.]     And,  that  the  citizens  of  ^^'  ^^^  ^^^^' 
this  Commonwealth  may  be  assured,  from  time  to  time,  that  Treasurer  ineii- 

...•',  1  T      J  j_i  i      gible  for   more 

the  moneys  remaining  m  the  public  treasury,  upon  the  set-  than  Ave   suc- 
tlement  and  liquidation  of  the  public  accounts,  are  their  *=®^^'^^  y^^*"^- 
property,  no  man  shall  be  eligible  as  treasurer  and  receiver- 
general  more  than  five  years  successively. 

II.     The  records  of  the  Commonwealth  shall  be  kept  in  secretary   to 
the  office  of  the  secretary,  who  may  appoint  his  deputies,  to^'Ttt^e'iad^he 
for  whose  conduct  he  shall  be  accountable ;  and  he  shall  founciir&c!"^ 
attend  the  governor  and  council,  the  senate  and  house  of 
representatives  in  person,  or  by  his  deputies,  as  they  shall 
respectively  require. 


24  CONSTITUTION. 

CHAPTER     III. 

JUDICIARY  POWER. 

Tenure  of  all  Art.  I.  The  teiiure  that  all  commission  officers  shall  by 
ce"To  **be"  °ex-  l^w  liavc  in  their  offices  shall  be  expressed  in  their  respective 
juXlai  officers  commissions.  All  judicial  officers,  duly  appointed,  commis- 
to  hold  office  sioucd  and  swctf'n,  shall  hold  their  offices  during  good  be- 
havior, ^except,  havior,  excepting  such  concerning  whom  there  is  different 
f/*  ,  provision  made  in  this  constitution :  provided,  nevertheless. 

May  be  remov-  ^'  .       n  .-,  -i  xi 

ed  on  address,    thc  govcrnor,  With  couscut  01  the  couucil,  may  remove  them 

upon  the  address  of  both  houses  of  the  legislature. 
Justices  of  su-      H.     Each  braucli  of  the  legislature,  as  well  as  the  governor 
court   to"  give  and  couucil,  shall  have  authority  to  require  the  opinions  of 
required.  ^'^^"^  the  justiccs  of  tlic  suprcmc  judicial  court,  upon  important 

questions  of  law,  and  upon  solemn  occasions. 
Justices  of  the      HI.     In  order  that  the  people  may  not  suffer  from  the 

peace  ;    tenure  ,  ..  .  ■,  n  •       i-  f   n  -i 

of  their  office,  loug  contmuauce  in  place  oi  any  justice  oi  the  peace,  who 
shall  fail  of  discharging  the  important  duties  of  his  office 
with  ability  or  fidelity,  all  commissions  of  justices  of  the 
peace  shall  expire  and  become  void  in  the  term  of  seven 
years  from  their  respective  dates  ;  and,  upon  the  expiration 
of  any  commission,  the  same  may,  if  necessary,  be  renewed, 
or  another  person  appointed,  as  shall  most  conduce  to  the 
well  being  of  the  Commonwealth. 
hTdhf°"robate  ^^ '  '^^^^  J^dgcs  of  probatc  of  wills,  and  for  granting 
courts.  letters  of  administration,  shall  hold  their  courts  at  such  place 

or  places,  on  fixed  days,  as  the  convenience  of  the  people 
shall  require  ;  and  the  legislature  shall,  from  time  to  time, 
hereafter,  appoint  such  times  and  places ;  until  which 
appointments,  the  said  courts  shall  be  holden  at  the  times 
and  places  which  the  respective  judges  shall  direct. 

Causes  of  mar-  [V.  All  causes  of  marriage,  divorce  and  alimony,  and  all  appeals  from 
riage  and  di-  ^jjg  iudges  of  probate,  shall  be  heard  and  determined  by  the  fjovernor  and 
determined.        council  until  the  legislature  shall,  by  law,  make  other  provision.] 


CHAPTER    IV. 

DELEGATES     TO     CONGRESS. 

Delegates  to  [The  delegates  of  this  Commonwealth  to  the  congress  of  the  United 

congress.  States  shall,  some  time  in  the  month  of  June,  annually,  be  elected  by  the 

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


CONSTITUTION.  25 


CHAPTER   V. 

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

Section  I. 

The  University. 

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

PrESIDENT     AND    FeLLOWS     OF    HARVARD     COLLEGE,    in    their  Ihl^pre^ident 

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

II.  And  whereas  there  have  been,  at  sundry  times,  by  Property  de- 

''         •/      viS6u, 

divers  persons,  gifts,  grants,  devises  of  houses,  lands,  tene- 
ments, goods,  chattels,  legacies  and  conveyances,  heretofore 
made,  either  to  Harvard  College  in  Cambridge,  in  New  Eng- 
land, or  to  the  president  and  fellows  of  Harvard  College,  or 
to  the  said  college,  by  some  other  description,  under  several 
charters  successively;  it  is  declared,  that  all  the  said  gifts,  Gifts,  grants 

.,.1*^.  T  ^  ^       r  and  convey- 

grants,  devises,  legacies  and  conveyances,  are  hereby  lorever  ances  coa- 
confirmed  unto  the  president  and  fellows  of  Harvard  College,  ^'^^'^• 
and  to  their  successors,  in  the  capacity  aforesaid,  according 
to   tlie   true  intent   and   meaning  of  the  donor  or  donors, 
grantor  or  grantors,  devisor  or  devisors. 

III.  And  whereas  by  an  act  of  the  general  court  of  the  Board  of  over- 
colony  of  Massachusetts  Bay,  passed  in  the   year  one  thou-  ed  by  general 
sand  six  hundred  and  forty-two,  the  governor  and  deputy-  ^^^^  ° 
governor,  for  the  time  being,  and  all  the  magistrates  of  that 
jurisdiction,  were,  with  the  president,  and  a  number  of  the 

clergy  in  the  said  act  described,  constituted  the  overseers  of 


26  CONSTITUTION. 

Harvard  College ;  and  it  being  necessary,  in  this  new  con- 
stitution of  government,  to  ascertain  who  shall  be  deemed 
successors  to  the  said  governor,  deputy-governor,  and  magis- 
Overseerses-     tratcs  ;  it  is  declared,  that  the  govcmor,  lieutcnant-governor, 
coustitution.      council  and  senate  of  this  Commonwealth,  are,  and  shall  be 
deemed,  their  successors  ;  who,  with  the  president  of  Harvard 
College,  for  the  time  being,  together  with  the  ministers  of 
the  congregational   churches   in   the   towns  of  Cambridge, 
Watertown,  Charlestown,  Boston,  Roxbury  and  Dorchester, 
mentioned  in  the  said  act,  shall  be,  and  hereby  are,  vested 
with  all  the  powers  and  authority  belonging,  or  in  any  way 
Power  of  alter-  appertaining,  to  the  overseers  of  Harvard  College  :  provided, 
to'^tiie'^tegilia^  that  nothing  herein  shall  be  construed  to  prevent  the  legis- 
tii""^-  lature  of  this  Commonwealth  from  making  such  alterations 

in  the  government  of  the  said  university,  as  shall  be  condu- 
cive to  its  advantage,  and  the  interest  of  the  republic  of  let- 
ters, in  as  full  a  manner  as  might  have  been  done  by  the 
legislature  of  the  late  Province  of  the  Massachusetts  Bay. 


CHAPTER  V. 

Section  II. 

The  Encouragement  of  Literature^  &c. 

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


CONSTITUTION.  27 


CHAPTER  YI. 

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

Art.  I.     [Any  person  chosen  governor,  lieutenant-governor,  councillor,  Declaration  of 
«enator  or  representative,  and  accepting  the  trust,  shall,  before  he  proceed  f^igj'ative  offi- 
to  execute  the  duties  of  his  place  or  office,  make  and  subscribe  the  follow-  cers. 
ing  declaration,  viz. :  .....  See  amend- 

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

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

And  everv  person  chosen  to  either  of  the  places  or  offices  Declaration 

„  •!!  '    1     1  ••Tj.      and  oaths  of  all 

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

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

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


28 


CONSTITUTION. 


See  amend- 
ments, Art.  VI. 


Oaths    and 
affirmations, 
how  admin- 
istered. 


Plurality  of  offi- 
cers prohibited 
to  governor, 
&c.,  except, 
&c. 

See  amend- 
ments, Art. 
VIII. 


Same  subject. 


Incompatible 
offices. 

See  amend- 
ments. Art. 
VIII. 


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

[Provided,  always,  that  when  any  person,  chosen  or  appointed  as  afore- 
said, shall  be  of  the  denomination  of  the  people  called  Quakers,  and  shall 
decline  taking  the  said  oaths,  he  shall  make  his  affirmation  in  the  fore- 
going form,  and  subscribe  the  same,  omitting  the  Avords,  "  I  do  swear," 
"  and  abjure,"  "  oath  or,"  "  and  abjuration,"  in  the  first  oath ;  and  in  the 
second  oath,  the  words  "  swear  and,"  and  in  each  of  them  the  words,  "  So 
help  me,  God ;  "  subjoining  instead  thereof,  "  This  I  do  under  the  pains 
and  penalties  of  perjury."] 

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

II.  No  governor,  lieutenant-governor,  or  judge  of  the 
supreme  judicial  court,  shall  hold  any  other  office  or  place, 
under  the  authority  of  this  Commonwealth,  except  such  as 
by  this  constitution  they  are  admitted  to  hold,  saving  that 
the  judges  of  the  said  court  may  hold  the  offices  of  justices 
of  the  peace  through  the  State ;  nor  shall  they  hold  any 
other  place  or  office,  or  receive  any  pension  or  salary  from 
any  other  State,  or  government  or  power,  whatever. 

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

No  person  holding  the  office  of  judge  of  the  supreme 
judicial  court — secretary — attorney-general — [solicitor-gen- 
eral]— treasurer  or  receiver-general — judge  of  probate — 
commissary-general — president,  professor  or  instructor  of 
Harvard  College — sheriff — clerk  of  the  house  of  representa- 
tives— register  of  probate — register  of  deeds — clerk  of  the 
supreme  judicial  court — [clerk  of  the  inferior  court  of  com- 
mon  pleas] — or   officer   of  the  customs,  including  in  this 


CONSTITUTION.  29 

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

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

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

III.  In  all  cases  where  sums  of  money  are  mentioned  in  vaiue  of  money 
this  constitution,  the  value  thereof  shall  be  computed  in  prop|^erty\uaii- 
silver,  at  six  shillings  and  eight  pence  per  ounce  ;  and  it  fi'''*^'""®- 
shall  be  in  the  power  of  the  legislature,  from  time  to  time,  ^f^^^tg^^j?" 
to  increase  such  qualifications,  as  to  property,  of  the  persons  xiii. ' 

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

IV.  All  commissions  shall  be  in  the  name  of  the  Com-  Provisions  re- 
monwealth  of  Massachusetts,  signed  by  the  governor,  and  missions. 
attested  by  the  secretary  or  his  deputy,  and  have  the  great 

seal  of  the  Commonwealth  affixed  thereto. 

V.  All  writs,  issuing  out  of  the  clerk's  office  in  any  of  f''ec\jn"'^rif' 
the  courts  of  law,  shall  be  in  the  name  of  the  Common- 
wealth of  MassachusettF  ;  they  shall  be  under  the  seal  of 

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

YI.  All  the  laws,  which  have  heretofore  been  adopted,  ^^"^^["^"j^^^^^^f 
used  and  approved,  in  the  Province,  Colony  or  State  of  except,  &c. 
Massachusetts  Bay,  and  usually  practised  on  in  the  courts 
of  law,  shall  still  remain  and  be  in  full  force,  until  altered 
or  repealed  by  the  legislature  ;  such  parts  only  excepted  as 
are  repugnant  to  the  rights  and  liberties  contained  in  this 
constitution. 

YII.     The  privilege  and  benefit  of  the  writ  of  habeas  Benefit  of  ha- 
corpus  shall  be  enjoyed  in  this  Commonwealth,  in  the  most  cured,  except, 
free,  easy,  cheap,  expeditious  and  ample  manner  ;  and  shall 
not  be  suspended  by  the  legislature,  except  upon  the  most 
urgent  and  pressing  occasions,  and  for  a  limited  time,  not 
exceeding  twelve  months. 


&c. 


30  CONSTITUTION. 

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

Officers  of  for-  [J'K.  To  the  end  there  may  be  no  failure  of  justice,  or  danger  arise  to 
ment  continued  the  Commonwealth,  from  a  change  of  the  form  of  government,  all  officers, 
until,  &c.  civil  and  military,  holding  commissions  under  the  government  and  people 

of  Massachusetts  Bay,  in  New  England,  and  all  other  officers  of  the  said 
government  and  people,  at  the  time  this  constitution  shall  take  effect, 
shall  have,  hold,  use,  exercise  and  enjoy  all  the  powers  and  authority  to 
them  granted  or  committed,  until  other  persons  shall  be  appointed  in 
their  stead  ;  and  all  courts  of  law  shall  proceed  in  the  execution  of  the 
business  of  their  respective  departments ;  and  all  the  executive  and  legis- 
lative officers,  bodies  and  powers,  shall  continue  in  full  force,  in  the  enjoy- 
ment and  exercise  of  all  their  trusts,  employments  and  authority,  until 
the  general  court,  and  the  supreme  and  executive  officers  under  this 
constitution,  are  designated  and  invested  with  their  respective  trusts, 
powers  and  authority. 
Provision  for  X.  In  order  the  more  effectually  to  adhere  to  the  principles  of  the 
tutioif^Amend-  constitution,  and  to  correct  those  violations  which  by  any  means  may  be 
mentsj  Art.  IX.  made  therein,  as  well  as  to  form  such  alterations  as  from  experience  shall 
be  found  necessary,  the  general  court,  which  shall  be  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  ninety-five,  shall  issue  precepts  to 
the  selectmen  of  the  several  towns,  and  to  the  assessors  of  the  unincorpo- 
rated plantations,  directing  them  to  convene  the  qualified  voters  of  their 
respective  towns  and  plantations,  for  the  purpose  of  collecting  their 
sentiments  on  the  necessity  or  expediency  of  revising  the  constitution,  in 
order  to  amendments. 
Same  subject.  And  if  it  shall  appear,  by  the  returns  made,  that  two-thirds  of  the  qual- 

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

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

^rel^rl'in  'and      ^^'     '^^^^^  form  of  government  shall  be  enrolled  on  parch- 
pubiishing  this  mcut,  and  deposited  in  the  secretary's  office,  and  be  a  part 
coustuution.      ^|.  ^j^^  loy^g,  of  the  land  ;  and  printed  copies  thereof  shall  be 
prefixed  to  the  book  containing  the  laws  of  this  Common- 
wealth, in  all  future  editions  of  the  said  laws. 


CONSTITUTION.  31 


ARTICLES     OF     AMENDMENT. 


not 
with- 


Art.  I.     If  any  bill  or  resolve  shall  be  objected  to,  and  appj-oy^d 
not  approved  by  the  governor;  and  if  the  general  court  shall  j"  "become '  a  °* 
adjourn  within  five  days  after  the  same  shall  have  been  laid  law.ifiegisia- 
before  the  governor  for  his  approbation,  and  thereby  prevent  hrthe'^mea™ 
his  returning  it  with  his  objections,  as  provided  by  the  con-  t^"^*^- 
stitution,  such  bill  or  resolve  shall  not  become  a  law,  nor 
have  force  as  such. 

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

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

,  nx,-  1  1  of  voters   for 

and  upwards,  (excepting  paupers  and  persons  under  guar-  governor,  lieu- 
dianship,)  who  shall  have  resided  within  the  Commonwealth  HoT'sefiators 
one  year,  and  within  the  town  or  district,  in  which  he  may  ^^^llJ^^^'^l^^' 
claim  a  right  to  vote,  six  calendar  months  next  preceding  Pick.sss. 
any  election  of  governor,  lieutenant-governor,  senators,  or  ments"Arts'. 
representatives,  and  who  shall  have  paid,  by  himself,  or  his  aid'^^"^' 
parent,  master  or  guardian,  any  state  or  county  tax,  which 
shall,  within  two  years  next  preceding  such  election,  have 
been  assessed  upon  him,  in  any  town   or  district  of  this 
Commonwealth  ;  and  also,  every  citizen  who  shall  be  by  law 
exempted  from   taxation,   and  who  shall  be  in   all   other 
respects  qualified  as  above  mentioned,  shall  have  a  right  to 
vote  in  such  election  of  governor,  lieutentant-governor,  sen- 
ators  and   representatives ;    and  no  other  person  shall  be 
entitled  to  vote  in  such  elections. 


32  CONSTITUTION. 

Notaries  public,      Art.  IV.     NotaHes  piiblic  shall  be  appointed  by  the  ffov- 

how    appointed  •       ,i  ^  .     t    .    ,      V  •     .     n 

and  removed,  emor,  111  the  Same  maimer  as  judicial  oincers  are  appointed, 
and  shall  hold  their  offices  during  seven  years,  unless  sooner 
removed  by  the  governor,  with  the  consent  of  the  council, 
upon  the  address  of  both  houses  of  the  legislature. 

Vacancies  in  [In  case  the  office  of  secretary  or  treasurer  of  the  Commonwealth  shall 

the  offices  of  become  vacant  from  any  cause,  durinf;  the  recess  of  the  general  court,  the 

trea>urer,  how  governor.  With  the  advice  and  consent  of  the  council,  shall  nominate  and 

filled  in  case,  appoint,  under  such  regulations  as  may  be  prescribed  by  law,  a  competent 

See  amend-  ^"^^  suitable  person  to  such  vacant  office,  who  shall  hold  the  same  until  a 

ments,  Art.  successor  shall  be  appointed  by  the  general  court  1 

XVII.  '*                Jo                       J 

Commissary-  Whenever  the  exigencies  of  the  Commonwealth  shall 
be'appoiS,  require  the  appointment  of  a  commissary-general,  he  shall 
incase, &c.       j^g  nominated,  appointed  and  commissioned,  in  such  maimer 

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

be  removed  from  office  in  such  manner  as  the  legislature 

may,  by  law,  prescribe. 


how  removed. 


Who  may  vote  Art.  V.  In  tlic  elcctious  of  captaiiis  and  subalterns  of 
subaitenis.* ""    the  militia,  all  the  members  of  their  respective  companies,  as 

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

shall  have  a  right  to  vote. 

taken  b°'  M  '^^'^'  ^^'     ^^^^^^ad  of  the  oath  of  allegiance  prescribed  by 

officers.  the  constitution,  the  following  oath  shall  be  taken  and  sub- 

scribed by  every  person  chosen  or  appointed  to  any  office, 
civil  or  military,  under  the  government  of  this  Common- 
wealth, before  he  shall  enter  on  the  duties  of  his  office,  to 
wit:  — 

"I,  A.  B.,  do  solemnly  swear,  that  I  will  bear  true  faith 
and  allegiance  to  the  Commonwealth  of  Massachusetts,  and 
will  su})port  tlie  constitution  thereof.     So  help  me,  God." 
Proviso:  Pi'dvi'led,  That  when  any  person  shall  be  of  the  denomi- 

affimr'"^^  nation  called  Quakers,  and  shall  decline  taking  said  oath, 
he  shall  make  his  affirmation  in  the  foregoing  form,  omitting 
the  word  "  swear,"  and  inserting,  instead  thereof,  the  word 
"  affirm,"  and  omitting  the  words,  "  So  help  me,  God,"  and 
subjoining,  instead  thereof,  the  words  "  This  I  do  under  the 
pains  and  penalties  of  perjury." 

Tests  abolish-  Art.  YII.  No  oatli,  declaration  or  subscription,  except- 
^^-  ing  the  oath  prescribed  in  the  preceding  article,  and  the 

oath  of  office,  shall  be  required  of  the  governor,  lieutenant- 
'  governor,  councillors,  senators  or  representatives,  to  qualify 

them  to  perform  the  duties  of  their  respective  offices. 


CONSTITUTION.  33 

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

Art.  IX.  If,  at  any  time  hereafter,  any  specific  and  par-  ^n,^t"t1ition^ 
ticular  amendment  or  amendments  to  the  constitution  Ije  how  made.  ' 
proposed  in  the  general  court,  and  agreed  to  by  a  majority 
of  the  senators  and  two-thirds  of  the  members  of  the  house 
of  representatives  present  and  voting  thereon,  such  proposed 
amendment  or  amendments  shall  be' entered  on  the  journals 
of  the  two  houses,  with  the  yeas  and  nays  taken  thereon,  and 
referred  to  the  general  court  then  next  to  be  chosen,  and 
shall  be  published  ;  and  if,  in  the  general  court  next  chosen 
as  aforesaid,  such  proposed  amendment  or  amendments  shall 
be  agreed  to  by  a  majority  of  the  senators  and  two-thirds  of 
the  memljers  of  the  house  of  representatives  present  and 
voting  thereon,  then  it  shall  be  the  duty  of  the  general  court 
to  submit  such  proposed  amendment  or  amendments  to  the 
people ;  and  if  they  shall  be  approved  and  ratified  by  a 
majority  of  the  qualified  voters,  voting  thereon,  at  meetings 
legally  warned  and  holden  for  that  purpose,  they  shall  become 
part  of  the  constitution  of  this  Commonwealth. 

Art.  X.  The  political  year  shall  begin  on  the  first  commence- 
Wednesday  of  January,  instead  of  the  last  Wednesday  of  TA'fe^l  ^°^''' 
May ;  and  the  general  court  shall  assemble  every  year  on 
the  said  first  Wednesday  of  January,  and  shall  proceed,  at 
that  session,  to  make  all  the  elections,  and  do  all  the  other 
acts,  which  are  by  the  constitution  required  to  be  made  and 
done  at  the  session  which  has  heretofore  commenced  on  the 
last  Wednesday  of  May.     And  the  general  court  shall  be  and  enmna- 

6 


34 


CONSTITUTION. 


Meetings    for 
the  choice  of 
governor,  lieu- 
tenant-gover- 
nor, &c.,  when 
to  be  held.  May 
be  adjourned. 
See  amend- 
ments, Art. 
XV. 


Article,  when 
to  go  into  oper- 
ation. 


Inconsistent 

provisions 

annulled. 


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

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

All  the  [other]  provisions  of  the  constitution,  respecting 
the  elections  and  proceedings  of  the  members  of  the  general 
court,  or  of  any  other  officers  or  persons  whatever,  that  have 
reference  to  the  last  Wednesday  of  May  as  the  commence- 
ment of  the  political  year,  shall  be  so  far  altered,  as  to  have 
like  reference  to  the  first  Wednesday  of  January. 

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

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


Religious  free- 
dom establish- 
ed. 


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

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


CONSTITUTION.  35 

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

[Art.  XII.     In  order  to  provide  for  a  representation  of  the  citizens  of  Census  of  ratu- 
this  Commonwealth,  founded  upon  the  principles  of  equality,  a  census  of  take?i*^  in   1837^ 
the  ratable  polls  in  each  city,  town  and  district  of  the  Commonwealth,  on  and  decennially 
the  first  day  of  May,  shall  be  taken  and  returned  into  the  secretary's  ^^^'ereafter. 
office,  in  such  manner  as  the  legislature  shall  provide,  within  the  month 
of  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
seven,  and  in  every  tenth  year  thereafter,  in  the  month  of  May,  in  manner  Renresenta- 
aforesaid  :  and  each  town  or  city  having  three  hundred  ratable  polls  at  the  tives,  how  api- 
last  preceding  decennial  census  of  polls,  may  elect  one   representative,  portioned, 
and  for  every  four  hundred  and  fifty  ratable  polls,  in  addition  to  the  first  nfe^nts^Arts". 
three  hundred,  one  representative  more.  XIII.  and  xxr. 

Any  town  having  less  than  three  hundred  ratable  polls  shall  be  repre-  Towns  having 
sented  thus :    The  whole  number  of  ratable  polls,  at  the  last  preceding  l*^!!^/'''*'*  fP^' 
decennial  census  of  polls,  shall  be  multiplied  by  ten,   and  the  product  how  repre-    ' 
divided  by  three  hundred  ;  and  such  town  may  elect  one  representative  sented. 
as  many  years  within  ten  years,  as  three  hundred  is  contained  in  the 
product  aforesaid.  • 

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

Any  two  or  more  of  the  several  towns  and  districts  may,  by  consent  of  Towns  may 
a  majority  of  the  legal  voters  present  at  a  legal  meeting  in  each  of  said  re^'ent'"/"  '^^~ 
towns  and  districts,  respectively,  called  for  that  purpose,  and  hejd  previous  districts. 
to  the  first  day  of  July,  in  the  year  in  which  the  decennial  census  of  polls 
shall  be  taken,  form  themselves  into  a  representative  district,  to  continue 
until  the  next  decennial  census  of  polls,  for  the  election  of  a  representa- 
tive or  representatives ;  and  such  districts  shall  have  all  the  rights,  in 


36 


CONSTITUTION. 


The  governor 
and  council  to 
determine  the 
number  of  rep- 
resentatives to 
which  each 
town  is  en- 
titled 

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


Inconsistent 

provisions 

annulled. 


Census    of    in- 
habitants to  be 
taken    in    1840, 
and  decennially 
thereafter,    for 
basis  of  repre- 
sentation. 
See  amend- 
ments. Art. 
XXII. 

Senatoriiil    dis- 
tricts   declared 
permanent. 
See   amend- 
ments, Art. 
XXII. 

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

Small  towns, 
how  repre- 
sented. 


Towns    may 
unite  into  rep- 
resentative 
districts. 


Basis  of  repre- 
sentation,   and 
ratio  of  in- 
crease. 


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

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

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

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

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

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

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

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

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


CONSTITUTION.  37 

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

In  the  year  of  each  decennial  census,  the  governor  and  council  shall.  The  J^^^^^'g 
before  the  first  day  of  September,  apportion  the  number  of  representatives  apportion  the 
which  each  city,  town  and  representative  district  is  entitled  to  elect,  and  number  of  rep- 
ascertain  how  many  years,  within  ten  years,  any  town  may  elect  a  repre-  oFeach"\own 
sentative,  which  is  not  entitled  to  elect  one  every  year ;  and  the  governor  once  in  every 
shall  cause  the  same  to  be  published  forth Avith.  *^°  years. 

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

No  possession  of  a  freehold,  or  of  any  other  estate,  shall  Julf-flclftion* 
be  required  as  a  qualification  for  holding  a  seat  in  either  not  required, 
branch  of  the  general  court,  or  in  the  executive  council. 

Art.  XIY.     In  all  elections  of  civil  officers  by  the  people  Elections  by 

triG  "dpodIc  to 

of  this  Commonwealth,  whose  election  is  provided  for  by  the  be  by  plurality 
constitution,  the  person  having  the  highest  number  of  votes  ^^^ ^°*®^- 
shall  be  deemed  and  declared  to  be  elected. 

Art.  XY.     The  meeting  for  the  choice  of  governor,  lieu-  Time  of  annual 

-I  J     !•  1111111    election  of  gov- 

tenant-governor,  senators  and  representatives,  shall  be  held  emor  and  legis- 
on  the  Tuesday  next  after  the  first  Monday  in  November,  ^^*"'"^' 
annually ;  but  in  case  of  a  failure  to  elect  representatives  on 
that  day,  a  second  meeting  shall  be  holden,  for  that  purpose, 
on  the  fourth  Monday  of  the  same  month  of  November. 

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


38  CONSTITUTION. 

for  the  division  of  the  Commonwealth  into  forty  senatorial 
districts,  then  the  legislature  shall  so  arrange  the  councillor 
districts,  that  each  district  shall  consist  of  five  contiguous 
senatorial   districts,   as   they  shall  be  from   time  to  time, 
l^gibiuty  de-    established  by  the  legislature.     No  person  shall  be  eligible 
to  the  office  of  councillor  wh6  has  not  been  an  inhabitant  of 
the  Commonwealth  for  the  term  of  five  years  immediately 
Day  and  man-  preceding  Ills  election.     The  day  and  manner  of  the  elec- 
&c.  '  tion,  the  return  of  the  votes,  and  the  declaration  of  the  said 

elections,  shall  be  the  same  as  are  required  in  the  election 
Vacancies,  how  of  govcrnor.     Whenever  there  shall  be  a  failure  to  elect  the 
full  number  of  councillors,  the  vacancies  shall  be  filled  in  the 
same  manner  as  is  required  for  filling  vacancies  in  the  senate  ; 
and  vacancies  occasioned  by  death,  removal  from  the  State, 
or  otherwise,  shall  be  filled  in  like  manner,  as  soon  as  may 
u»T^'overu°°  °^  ^^   ^^^^^   ^^^^^   vacaucics   shall  have  happened.     And  that 
ment.  there  may  be  no  delay  in  the  organization  of  the  government 

on  the  first  Wednesday  of  January,  the  governor,  with  at 
least  five  councillors  for  the  time  being,  shall,  as  soon  as 
may  be,  examine  the  returned  copies  of  the  records  for  the 
election  of  governor,  lieutenant-governor,  and  councillors  ; 
and  ten  days  before  the  said  first  Wednesday  in  January  he 
shall  issue  his  summons  to  such  persons  as  appear  to  be 
chosen,  to  attend  on  that  day  to  be  qualified  accordingly ; 
and  the  secretary  shall  lay  the  returns  before  the  senate  a«id 
house  of  representatives  on  the  said  first  Wednesday  in  Jan-  . 
nary,  to  be  by  them  examined ;  and  in  case  of  the  election 
of  either  of  said  officers,  the  choice  shall  be  by  them  declared 
and  published  ;  but  in  case  there  shall  be  no  election  of 
either  of  said  officers,  the  legislature  shall  proceed  to  fill 
such  vacancies  in  the  manner  provided  in  the  constitution 
for  the  choice  of  such  officers. 

Election  of  sec-      Art_  XVII.     The  Secretary,  treasurer  and  receiver-gen- 

urer7audUor     eral,  auditor,  and  attorney-general,  shall  be  chosen  annually, 

genemi"bythe    ou  the  day  in  November  prescribed  for  the  choice  of  gov- 

peopie.  ernor  ;  and  each  person  then  chosen  as  such,  duly  qualified 

in  other  respects,  shall  hold  his  office  for  the  term  of  one 

year  from  the  third  Wednesday  in  January  next  thereafter, 

and  until  another  is  chosen  and  qualified  in  his  stead.     The 

qualification  of  the  voters,  the  manner  of  the  election,  the 

return  of  the  votes,  and  the  declaration  of  the  election,  shall 

Vacancies,  iiow  be  sucli  as   are  required  in  the  election  of  governor.     In 

^"^'*"  case  of  a  failure  to  elect  either  of  said  officers  on  the  day  in 

November  aforesaid,  or  in  case  of  the  decease,  in  the  mean 

time,  of  the  person  elected  as  such,  such  officer  shall  be 


CONSTITUTION.  39 

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

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

Art.  XIX.     The  legislature   shall   prescribe,  by  general  Le^siature   to 
law,  for  the  election  of  sheriffs,  registers  of  probate,  commis-  the  election  of 
sioners  of  insolvency,  and  clerks  of  the  courts,  by  the  people  ter  "If '^  p-o- 
of  the  several  comities,  and  that  district-attorneys  shall  be  j'he  pe^p'ie '^^ 
chosen  by  the  people  of  the  several  districts,  for  such  term 
of  office  as  the  legislature  shall  prescribe. 

Art.  XX.     No  person  shall  have  the  right  to  vote,  or  be  Reading  consti- 
eligible  to  office  under  the   constitution   of  this    Common-  li^hTnd^wrif- 
wealth  who^hall  not  be  able  to  read  the  constitution  in  the  quaUficltion7of 
English  language  and  write  his  name :  provided,  however,  voters, 
that  the  provisions  of  this  amendment  shall  not  apply  to  any 


40 


CONSTITUTION. 


Census  of  legal 
voters  and  of 
inhabitiiiits, 
when  taken, 
&c. 

See  General 
Stat,  chapter 
20. 


House  to  con- 
sist of  240  mem- 
bers ;  represent- 
atives to  be 
apportioned 
upon  ba.sis  of 
legal  voters. 


Secretary  shall 
certify  to  offi- 
cers authorized 
to  divide  coun- 
ties. 


Meeting  for  di- 
vision to  be 
first  Tuesday 
in  August. 


Proceedings 


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

Art.  XXI.  A  census  of  the  legal  voters  of  each  city  and 
town,  on  the  first  day  of  May,  shall  be  taken  and  returned 
into  the  office  of  the  secretary  of  the  Commonwealth,  on  or 
before  the  last  day  of  June,  in  the  year  one  thousand  eight 
hundred  and  fifty-seven ;  and  a  census  of  the  inhabitants  of 
each  city  and  town,  in  the  year  one  thousand  eight  hundred 
and  sixty-five,  and  of  every  tenth  year  thereafter.  In  the 
census  aforesaid,  a  special  enumeration  shall  be  made  of  the 
legal  voters  ;  and  in  each  city  said  enumeration  shall  specify 
the  number  of  such  legal  voters  aforesaid,  residing  in  each 
ward  of  such  city.  The  enumeration  aforesaid  shall  deter- 
mine the  apportionment  of  representatives  for  the  periods 
between  the  taking  of  the  census. 

The  house  of  representatives  shall  consist  of  two  hundred 
and  forty  members,  which  shall  be  apportioned  by  the  legis- 
lature, at  its  first  session  after  the  return  of  each  enumeration 
as  aforesaid,  to  the  several  counties  of  the  Commonwealth, 
equally,  as  nearly  as  may  be,  according  to  their  relative 
numbers  of  legal  voters,  as  ascertained  by  the  next  preced- 
ing special  enumeration  ;  and  the  town  of  Cohasset,  in  the 
county  of  Norfolk,  shall,  for  this  purpose,  as  well  as  in  the 
formation  of  districts,  as  hereinafter  provided,  be  considered 
a  part  of  the  county  of  Plymouth  ;  and  it  shall  be  the  duty 
of  the  secretary  of  the  Commonwealth,  to  certify,  as  soon  as 
may  be  after  it  is  determined  by  the  legislature,  the  number 
of  representatives  to  which  each  county  shall  be  entitled,  to 
the  board  authorized  to  divide  each  county  into  representa- 
tive districts.  The  mayor  and  aldermen  of  the  city  of  Bos- 
ton, the  county  commissioners  of  other  counties  than  Suffolk, 
— or  in  lieu  of  the  mayor  and  aldermen  of  the  city  of  Boston, 
or  of  the  county  commissioners  in  each  county  other  than 
Suffolk,  such  board  of  special  commissioners  in  each  county, 
to  be  elected  by  the  people  of  the  county,  or  of  the  towns 
therein,  as  may  for  that  purpose  be  provided  by  law,  shall, 
on  the  first  Tuesday  of  August  next  after  each  assignment 
of  representatives  to  each  county,  assemble  at  a  shire  town 
of  their  respective  counties,  and  proceed  as  soon  as  may  be, 
to  divide  the  same  into  representative  districts  of  contiguous 
territory,  so  as  to  apportion  the  representation  assigned  to 
each  county  equally,  as  nearly  as  may  be,  according  to  the 
relative  number  of  legal  voters  in  the  several  districts  of 


CONSTITUTION.  .  41 

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

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

any  district  be  made  which  shall  be  entitled  to  elect  more 

than  three  representatives.      Every  representative,  for  one  Qf"fp"^^^^X^. 

year  at  least  next  preceding  his  election,  shall  have  been  an  tives. 

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

cease  to  represent  such  district  when  he  shall  cease  to  be  an 

inhabitant   of  the   Commonwealth.     The  districts  in   each  ^^^^^^^1^^°  ^^t 

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

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

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

board,  to  the  secretary  of  the  Commonwealth,  the  county 

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

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

The  manner  of  calling  and  conducting  the  meetings  for  the 

choice  of  representatives,  and  of  ascertaining  their  election, 

shall  be  prescribed  by  law.      Not  less  than   one  hundred  ^embe^s'^a^'^ 

members  of  the  house  of  representatives  shall  constitute  a  quorum. 

quorum  for  doing  business  ;  but  a  less  number  may  organize 

temporarily,   adjourn    from   day   to   day,   and   compel   the 

attendance  of  absent  members. 

Art.  XXII.     A  census  of  the  legal  voters  of  each  city  and  voterT  and  in- 
town,  on  the  first  day  of  May,  shall  be  taken  and  returned  ^^k'in'!''^^  ^^  ^^ 
into  the  ofiice  of  the  secretary  of  the  Commonwealth,  on  or 
before  the  last  day  of  June  in  the  year  one  thousand  eight 
hundred  and  fifty-seven  ;  and  a  census  of  the  inhabitants  of 
each  city  and  town,  in  the  year  one  thousand  eight  hundred 
and  sixty-five,  and  of  every  tenth  year  thereafter.     In  the  voters  to  be 
census  aforesaid,  a  special  enumeration  shall  be  made  of  the  tionmentrf""^' 
legal  voters,  and  in  each  city  said  enumeration  shall  specify  ^'^'^^*"'"*- 
the  number  of  such  legal  voters  aforesaid,  residing  in  each 
ward  of  such  city.     The  enumeration  aforesaid  shall  deter- 
mine the  apportionment  of  senators  for  the  periods  between 
the  taking  of  the  census.     The  senate  shall  consist  of  forty  ^^nat^  to  con- 

sist  01  40  nriprn* 

members.     The  general  court  shall,  at  its  first  session  after  bers.    senato- 
each  next  preceding  special  enumeration,  divide  the  Com-  &c|  dJstncts, 
monwealth  into  forty  districts  of  adjacent  territory,  each  dis- 
trict to  contain,  as  nearly  as  may  be,  an  equal  number  of 
legal  voters,  according  to  the  enumeration  aforesaid  :  pro-  Proviso. 
vided,  however,  that  no  town  or  ward  of  a  city  shall  be 
divided   therefor ;    and   such  districts  shall  be   formed,  as 
nearly  as  may  be,  without  uniting  two  counties,  or  parts  of 
two  or  more  counties,  into  one  district.     Each  district  shall  Qualifications 
elect  one  senator,  who  shall  have  been  an  inhabitant  of  this  •^f  ^®'^**°'"^- 
Commonwealth  five  years  at  least  immediately  preceding  his 


42 


CONSTITUTION. 


Sixteen  mem- 
bers a  quorum. 


election,  and  at  the  time  of  his  election  shall  be  an  inhabit- 
ant of  the  district  for  which  he  is  chosen ;  and  he  shall 
cease  to  represent  such  senatorial  district  when  he  shall 
cease  to  be  an  inhabitant  of  the  Commonwealth.  Not  less 
than  sixteen  senators  shall  constitute  a  quorum  for  doing 
business ;  but  a  less  number  may  organize  temporarily, 
adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members. 


Residence    of 
two  years  re- 
quired of  nat- 
uralized  citi- 
zen, to  entitle 
to  suffrage  or 
make  eligible 
to  office. 
See  amend- 
ment,   Art. 
XXVI. 


Vacancies  in 
the  senate. 


Vacancies  in 
the  council. 


Twenty-third 
article   of 
amendments 
annulled. 


[Art.  XXIII.  No  person  of  foreign  birth  shall  be  entitled  to  vote,  or 
shall  be  eligible  to  office,  unless  he  shall  have  resided  within  the  jurisdic- 
tion of  the  United  States  for  two  years  subsequent  to  his  naturalization, 
and  shall  be  otherwise  qualified,  according  to  the  constitution  and  laws  of 
this  Commonwealth :  provided,  that  this  amendment  shall  not  affect  the 
rights  which  any  person  of  foreign  birth  possessed  at  the  time  of  the 
adoption  thereof;  and,  provided,  further,  that  it  shall  not  affect  the  rights 
of  any  child  of  a  citizen  of  the  United  States,  born  during  the  temporary 
absence  of  the  parent  therefrom.] 

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

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

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


CONSTITUTION.  43 


The  Framing  and  Popular  Adoption  of  the  Constitution. 

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

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

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

The  eleventh  Article  was  adopted  by  the  legislatures  of  the  political 
years  1832  and  1883,  and  was  approved  by  the  people,  November  11, 
1833. 

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

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

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

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


44  CONSTITUTION. 

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

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

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


INDEX  TO  THE  CONSTITUTION. 


A. 

Page 

Adjutant-General,  how  appointed, 20 

Adjutants  of  Regiments,  how  appointed, 20 

Affirmations.    See  Oaths  and  Affirmations. 

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

Amendments  to  the  Constitution,  how  made, 33 

Apportionment  of  Councillors, 37,  38 

"  of  Representatives 15,  85,  36,  37,  40 

"  of  Senators, 11,  12, 36, 41 

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

Arras,  Right  of  People  to  keep  and  bear, 7 

Articles  of  Amendment, 81 

Attorney-General,  how  appointed, iv) 

"                 how  elected, 88, 39 

"                 Qualifications  of, 89 

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

Attorneys,  District,  how  chosen, 39 

Auditor,  how  chosen, 38,  39 

^    "        Qualifications  of, 89 

*•       Vacancy  in  office  of,  how  filled, 88 

B. 

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

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

five  days, 10 

"           "           to  be  void  when  not  returned,  if  Legislature  ad- 
journs within  five  days, 31 

"  "  when  vetoed,  may  be  passed  by  two-thirds  of 

each  House, 10 

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

Body  Politic,  how  formed,  and  nature  of,   .        .        .        .        .        .  3 

Bribery  or  Corruption  in  obtaining  an  Election,  to  disqualify  for 

office, 29 


46 


INDEX  TO  THE  CONSTITUTION. 


C. 

Page 

Census  of  Inhabitants,  when  and  how  taken, 36,  40 

"       of  Legal  Voters,  when  and  how  taken,          .        .        .        .  40, 41 

'•       of  Ratable  Polls,  when  and  how  taken,          ....  35 

Cities,  General  Court  empowered  to  charter, 31 

Civil  and  Military  Officers,  duties  of,  to  be  prescribed  by  Legisla- 
ture,      11 

Commander-in-Chief.    See  Governor. 

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

Commissary-General,  when  and  how  nominated,  &c.,        ...  32 

"              "            to  make  Quarterly  Returns,      ....  20 

Commissioners  of  Insolvency,  how  chosen, 39 

Commission  Officers,  Tenure  of,  to  be  expressed  in  Commission,    .  24 

Commissions,  how  made,  signed,  countersigned,  and  sealed,    .        .  29 

Congress,  Delegates  to,  how  chosen  and  commissioned,           .        .  24 

"               "           may  be  re-called,  and  others  commissioned,    .  24 

"        what  Offices  may  not  be  held  by  members  of,    .        .        .  33 

Constitution,  Amendments  to,  how  made, 33 

"           Revision  of  in  1795,  provided  for,         ....  30 
"           to  be  enrolled,  deposited  in  Secretary's  Office,  and 

printed  with  the  laws, 30 

CoroneM,  how  appointed, 19 

Corruption.    See  Bribery. 

CouncU,  and  the  manner  of  settling  Elections  by  the  Legislature,  22 

"        may  exercise  powers  of  Executive,  when,  &c.,    ...  23 
"        Members  of,  number,  and  how  chosen,         ...        22,  23,  37 

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

"        Powers  and  Quorum  of, 22,23 

"        Rank  and  Qualifications  of  Members  of,       ...        .  22, 38 

"        Register  of,  subject  to  the  call  of  either  House,         .       .  23 

"        Resolutions  and  Advice  of,  to  be  recorded,         ...  23 

"        Vacancies  in,  how  filled, 38,  42 

Court,  Superior,  Judges  of,  prohibited  from  holding  other  Offices,  33 

"       Supreme  Judicial,  Judges  of,  Tenure  of  Office,  and  Salary,  8,  21 

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

"       Clerks  of,  how  chosen, 39 

"       of  Probate.    See  Probate. 

"       of  Record  and  Judicatories,  the  General  Court  may  estab- 
lish,           10 

Crimes  and  OflTences,  Prosecutions  for,  regulated,     .        .        .        .  6,  7 

D. 

Debate,  Freedom  of,  in  Legislature,  affirmed,    .....  8 

Declaration  of  Rights,          .        .        .        .        .        .        .        .        •  4 

Delegates  to  Congress,  how  chosen,           24 

"                    "           may  be  recalled,  and  others  commissioned,  24 

District- Attorneys,  how  chosen, 39 


Districts,  Councillor,  how  established  and  arranged, 


12,  37,  38 


INDEX  TO  THE  CONSTITUTION.  47 

Page 

Districts,  Representative,  how  formed, 40 

"                     "               Towns  may  unite  in,         ....  35, 36 
"        Senatorial,  how  established  and  arranged,         .        .         12, 36, 41 
Divorce  and  Alimony,  causes  of,  how  determined,    ....  24 
Duties  of  Civil  and  Military  Officers,  to  be  prescribed  by  Legisla- 
ture,          11 

E. 

Elections,  by  Legislature,  Order  and  Adjournment  of,      .        .        .  28 

"          by  the  People,  Plurality  of  votes  to  prevail  in,         .        .  87 

"          Freedom  of,  affirmed, 6 

Election  Returns,  by  whom  examined,  &c.,       '   .  *     .        .        .        .  13,  88 

Enacting  Style,  established, 30 

Encouragement  of  Literature, 26 

Enrolment.    See  Constitution. 

Equality  and  Natural  Rights,  recognized, 4 

Estates,  Valuation  of,  when  taken, 11. 

Executive  Power,          .17 

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

Ex  Post  Facto  Laws,  injustice  of,  declared, 8 

F. 

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

Fines,  Excessive,  prohibited, 8 

Freedom  of  Debate,  in  Legislature,  affirmed, 8 

G. 

General  Court,  frequent  sessions  of,  enjoined, 8 

how  formed, 9 

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

may  provide  for  the  establishing  of  Civil  Officers,   .  10,  11 
may  prescribe  the   duties   of  Civil  and   Military    • 

Officers, 11 

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

may  constitute  Judicatories  and  Courts  of  Record,  10 

may  charter  Cities, ".        .  31 

may  be  prorogued  by  Governor  and  Council,    .        .  18 
when  to  assemble,  and  when  to  be  dissolved,  .        .  9,  18,  33 

Government,  Frame  of, 9 

"  Executive,  Legislative  and  Judicial  Departments 'of, 

limits  defined 9 

"            Objects  of, 3 

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

Governor,  qualifications  of, 17, 27, 32 

"          Salary  of, 21 

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

«          Official  Title  of, 17 


48  INDEX  TO  THE  CONSTITUTION. 


Governor  to  be  sworn  in  presence  of  both  Houses, 
"         the  holding  of  other  Offices  by,  prohibited, 
"         to  be  Commander-in-Chief  of  Militar}'  Forces  of  State 
"         may  call  Councillors  together  at  his  discretion, 
"         and  Council,  may  pardon  Offences,  after  Conviction, 
«'         shall  sign  such  Bills  and  Resolves  as  he  approves,  . 
"         shall  return  such  Bills  and  Resolves  as  he  does  not  ap 

prove, 

«         and  Council  may  prorogue  the  Legislature, 
"  "       shall  examine  Election  Returns,    . 


Page 

27,28 

28,33 

18 

17 

19 

9 

9,  10 

18 

13,38 


H. 

Habeas  Corpus,  benefit  of,  Secured, 29 

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

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

"            "         who  shall  be  Overseers  of, 2G 

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

House  of  Representatives, 15 

"  "  Members    of,     how    apportioned    and 

chosen,          .        .        .        .        .        .  15, 16 

84,  35,  36,  37,  40,  41,  42 
"  "  qualifications  of  Members  of,  .  15, 37, 41 
"  «  qualifications  of  Voters  for  Members  of,  15,  31,  39 
"                       "                 to  judge  of  the  qualifications,  &c.,  of  its 

own  Members, 16 

"  "  to  choose  its  own  oflicers,  establish  its 

own  Rules,  &c., 16 

"  "  may  punish  Persons  not  Members,  for 

disrespect,  &c.,  .."...  16 
««  "  may  try  and  determine  all  cases  involv- 
ing its  Rights  and  Privileges,  ,  .  16 
"  "  shall  be  the  Grand  Inquest  to  Impeach,  16 
"  "  all  Money  Bills  to  originate  in,  .  .  16 
"                       "                 not  to  adjourn  for  more  than  two  days,  16 

"                       "                 Quorum  of, 16, 41 

"  "  Members   of,  exempt    from    arrest    on 

Mean  Process, 16 

"  "  Towns  may  be  fined  for  neglecting  to 

return  Members  to,  ...  .  15 
"                       "                 Travelling  Expenses  of  Members  of,  how 

paid, 15 

"  "  Oaths  or  Affirmations   of  Members,  of, 

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

I. 

Impeachment,  Limitation  of  Sentence  for, 14 

Impeachments,  how  made  and  tried, 14,  16 

Imcompatible  Offices,  enumeration  of, 28,  33 

"  Inhabitant,"  word  defined, 12 


INDEX  TO  THE  CONSTITUTION. 


49 


Page 

Inhabitants,  Census  of,  when  taken, 36, 41 

Insolvency,  Commissioners  of,  how  chosen, 39 

Instruction  of  Representatives  and  Petition  to  Legislature,  Rights 

of,  affirmed, 7 


J. 


10 


Judicatories  and  Courts  of  Record,  Legislature  may  establish, 

"                      "                 "       may  administer  Oaths  and  Affir- 
mations,  

Judicial  Department,  not  to  exercise  Legislative  or  Executive 

Powers,      .        .        . 

"      Officers,  how  appointed,  

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

"  "        may  be  removed  on  Address  of  Legislature, 

Judiciary  Pcfwer, 

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

Judges  of  Probate,  shall  hold  Courts  on  fixed  days,  &c.,  . 
"  "         Appeals  from,  how  heard  and  determined, 

"  "         what  other  Offices  may  not  be  held  by, 

Jury,  Right  of  Trial  by,  secured, 

Justices  of  the  Peace,  Tenure  of  Office  of,  ... 

"  "        Commissions  of,  may  be  I'enewed, 

"      Supreme  Judicial  Court,  Tenure  of  Office,  and  Salaries  of,    8,  21,  24 
"  "  "  "      what  other  Offices  may  not  be  held,     28,  33 

"  "  "  "      Opinions  of,  may  be  required  by 

Executive  or  either  branch  of  Legislature, 


24 


L. 


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

Service,  not  to  be  subject  to,  but  by  authority  of  Legislature, 
Laws,  eveiy  Person  to  have  remedy  in,  for  injury  to  Person  or 

Property,       

"      Ex  Post  Facto,  unjust  and  inconsistent  with  Free  Govern- 
ment,      

"      not  repugnant  to  Constitution,  Legislature  may  make, 
"      of  Province,  Colony  or  State  of  Massachusetts  Bay,  not  re- 
"          pugnant  to  Constitution,  continued  in  force, 
"      power  of  suspending,  only  in  Legislature,      ....  8 
Legal  Voters,  Census  of,  to  be  taken  for  representative  apportion- 
ment,                     35, 36, 40,  41 

Legislative  Department  not    to    exercise  Executive   or  Judicial 

powers, 

"  Power, 

Legislature.    See  General  Court. 

Lieutenant-Governor, 

"  "        when  and  how  chosen, 

"  "        official  title  of,    .... 

"  "        qualifications  of,         ... 

7 


10 


29 


9 
9 

21 

21,31,  33,34,37 
21 
21 


50  INDEX  TO  THE  CONSTITUTION. 

Page 

Lieutenant-Governor,  powers  and  duties  of, 22 

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

Literature,  Encouragement  of, 26 

M. 

Magistrates  and  Officers,  accountability  of, 5 

Major- Generals,  how  appointed  and  commissioned,          ...  20 
Martial  Law,  persons  not  in  the  Army,  Navy,  or  actual  Militia  ser- 
vice, not  to  be  subject  to, 8 

Meetings,  Plantation,  provisions  respecting, 13 

"          Town,  Selectmen  to  preside  at, 12 

Military  Power,  to  be  subordinate  to  Civil, 7 

Militia  Offices,  vacancies  in,  how  filled,       ......  20 

"      Officers,  how  elected  and  commissioned,        .        .        .        .  20, 82 

"            "        how  removed, 20, 32 

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

confirmed, 20 

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

Money,  how  drawn  from  the  Treasury, 20 

"       value  of,  how  computed, 29 

Moneys  raised  for  support  of  Common  Schools,  not  to  he  applied 

by  Religious  sects, 39 

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

N. 

Notaries  Public,  how  chosen, 23 

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

o. 

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

"                       "              Official,  Forms  of, 27,  32 

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

Oaths,  Affirmations  substituted,  in  behalf  of  Quakers,      .        .        .28,  32 
Ofi"ences.     See  Crimes  and  Oflences. 

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

«       Equal  Right  of  all  to,  affirmed, 6 

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

Offices,  certain,  incompatibility  of, 28,  33 

Officers,  Civil,  Legislature  may  provide  for  the  naming  and  set- 
tling of, •  10 

"        Civil  and  Military,  duties  of  to  be  prescribed  by  Legisla- 
ture,        11 

"           "                "          holding  under  Government  of  Massa- 
chusetts Bay,  continued  in  Office, 30 

Officers  and  Magistrates,  accountability  of, 5 

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

"             "       how  removed, 20,32 


INDEX  TO  THE  CONSTITUTION.    .  51 

Page 

Offices,  Militia,  vacancies  in,  how  filled, 20 

"       Incompatible, 28,  33 

"       Plurality  of,  prohibited  to  Governor,  Lieutenant-Governor, 

and  Judges, •        •        .  28, 33 

P. 

Pardon,  Power  of,  vested  in  Governor  and  Council,           ...  19 

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

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

Petition  and  Instruction,  Right  of,  affirmed, 7 

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

for  Councillors  and  Senators, 13 

Plurality  of  Votes,  election  of  Civil  Officers  by,        ...        .  37 

Political  Year,  when  to  begin  and  end, 33 

Polls,  Ratable,  Census  of,  when  taken, 85 

Power,  Executive, 17, 18 

"       Judiciary, 24 

"       Legislative, 9 

Press,  Liberty  of,  essential  to  Freedom, 7 

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

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

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

"      Registers  of,  how  appointed,    .  ^ 19 

"              "             Election  of,  to  be  prescribed,      ....  39 
Property,  Private,  not  to  be  taken  for  Public  Uses  without  Compen- 
sation,        6 

Property  qualification  for  Office,  may  be  increased  by  Legislature,  .29 

"      ,              "                     "       partially  abolished,        ...  37 

Prosecutions  for  Crimes  and  Ofi'ences,  proceedings  in,  regulated,    •  6 
Public  Boards  and  Officers,  Returns  of,  how,  when  and  to  whom 

made,        .     * 20 

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

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

"      Worship,  the  Right  and  Duty  of, 4 

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

Punishments,  Cruel  and  Unusual,  prohibited,     .....  8 

Q. 

Quakers,  Affirmation  of,  as  Public  Officers, 28,  32 

Qualifications  of  Governor, 17,  39 

"             of  Lieutenant-Governor, 21, 39 

«  of  Councillors, 37,  38, 39 

"  of  Senators,  14, 37, 39, 41 

"  of  Representatives, 15, 39, 41 

"            of  Secretary,  Treasurer,   Auditor,  and    Attorney- 
General,  .     ^        .        .        .        , 38 


52  .    INDEX  TO  THE  CONSTITUTION. 

Page 


Qualifications  of  Voters,  .... 

"  Moral,  of  Officers  and  Magistrates, 

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

Quorum  of  Council, 

"        of  House, 

"        of  Senate, 


12 


15,  31,  39, 42 
7 
29 
37 
17,23 
16,41 
14,42 


Ratable  Polls,  Census  of,  when  taken,         .......  35 

"           "       Towns  having  less  than  300,  how  represented,          .  35 

"           "       Towns  having  less  than  150,  how  represented,         .  15 
Reading  and  Writing,  necessary  to  enable  Persons  to  Vote  or  hold 

Office,       .        .        .        .' 39 

Register  of  Council,  to  be  kept,  subject  to  the  call  of  either  House,  23 
Registers  of  Probate.    See  Probate. 

Religious  Denominations,  equal  protection  secured  to  aU,       .»        .  5,  34 

"         Societies,  Right  of,  to  elect  their  own  Pastors,  &c.,          .  5,  35 

"               "           persons  belonging  to,  Membership  defined,      .  35 

Representation,  In  Council,  basis  of, 37 

in  House, 15,35,36,37,40,41 

"  in  Senate, 11, 36, 41 

Representatives.     See  House  of  R^resentatives. 

Returns,  Quarterly,  how  and  by  whom  to  be  made,    ....  20 

Returns  of  Votes,  by  whom  made,  examined,  &c.,     .        .        .        12,  13,  17 

Revision  of  Constitution.    See  Constitution. 

lights,  Natural,  Declaration  of,  &c., 4 

s. 

• 

Salaries  of  Judges  of  Supreme  Court, 8,  21 

Salary  of  Governor, 21 

Schools,  INIouey  raised  and  appropriated  for,  how  to  be  applied,     .  39 

"         Sectarian,  appropriation  of  Money  for,  prohibited,     .        .  39 

Search  and  seizure,  the  Right  of  every  man  to  be  secure  from,        .  7 

Secretary,  Treasurer,  Commissary,  &c., 23 

Secretary  of  the  Commonwealth,  how  chosen, 23,  38 

"            "                       "             qualifications  of,    ....  39 

"            «                      «             duties  of, 23,39 

"            "                      "             may  appoint  Deputies,  &c.,           .  23 

«            "                       «             vacancy  in  Office  of,  how  filled,    .  32, 39 

Selectmen,  Duties  of,  in  calling  and  conducting  Elections,       .        .  12 

Self-government,  Right  of,  asserted, 5 

Senate,            11 

"        Members  of,  number,  and  how  chosen,          .        .    11,  12,  31,  36,  41 
"               "         qualifications  of,      .        .        .        .      W  14,  37, 39, 41, 42 


INDEX  TO  THE  CONSTITUTION. 


53 


Page 

Senate,  Members  shall  be  sworn  preliminary  to  trial  of  Impeach- 
ment,       14r 

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

"        Quorum  of, 14, 42 

"        vacancies  in,  how  filled, 14,  42 

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

"        not  to  adjourn  more  than  two  days, 14 

"        shall  choose  its  own  Officers,  and  establish  its  own  rules,   .  14 

"        shall  try  Impeachments, 14 

"        may  punish  persons  not  Members,  for  disrespect,  &c.,        .  16 

"        may  determine  all  cases  involving  its  Eights  and  Privileges,  16 

Senators,  Apportionment  of, 11,  36,  41 

"         Oaths  and  Aflirmations,  how  taken  and  subscribed  by,    .  28 
Senatorial  Districts.    See  Districts. 

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

Sherifi"s,  how  appointed, 19 

"         how  elected, 89 

Soldier,  not  to  be  quai'tered  in  any  house  without  consent  of  owner,  8 

Solicitor-General,  how  appointed, 19 

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

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

"         Judicial  Court,  Tenure  of  Ofiice  and  Salaries  of  judges  of,  8,  21 

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

Suspension  of  Laws,  power  of,  only  in  Legislature,           ...  8 


T. 

Taxation  should  be  founded  on  consent,     .... 

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

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

Tests,  Religious,  abolished, 

Title  of  Governor, 

"      of  Lieutenant-Governor, 

Town  Meetings,  Selectmen  to  preside  at,  ... 

Towns,  having  less  than  800  Ratable  Polls,  how  represented, 

"         having  less  than  150  Ratable  Polls,  how  represented, 

"         may  unite  in  Representative  District,     . 
Travel,  Expenses  of,  to  and  from  the  General  Court,  how  paid. 
Treason  and  Felony,  Legislature  not  to  convict  of. 
Treasurer  and  Receiver-General,  how  chosen,    . 
"                               "                 qualification  of, 
"                                "                 eligibility  limited  to  five  years, 
"                              "                vacancy  in  Office  of,  how  filled. 
Trial  by  Jury,  Right  of,  secured, 


6,8 
11 

13,31 
32 
17 
21 
12 
35 
15 

35,36 

15 

8 

23,88 
89 
23 

32,38 
6,7 


u. 


University  at  Cambridge,  &c.. 


25 


54  INDEX  TO  THE  CONSTITUTION. 

V. 

Page 

Vacancies  hi  Couucil,  how  filled, 38,  49 

"          in  Militia  Offices,  how  filled, 20 

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

"          in  Senate,  how  filled, 14 

Valuation  of  Estates,  when  taken, 11 

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

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

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

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

Votes,  all  Civil  Officers  to  be  elected  by  a  plurality  of,      .        .        .  37 
"       Returns  of,  by  whom  made,  examined,  &c.,    .        .        .12, 13, 17,  38 

w. 

Worship,  Public,  the  Right  and  Duty  of  all  Men,        ....  4 

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

Y. 

Year,  Political,  wheu  to  begin  and  end,       ......  33 


§mtn\  ^hkits  anb  ^pcml  "^cis 


MASSACHUSETTS. 


1870. 


®='  The  General  Court  of  1870  assembled  on  Wednesday,  the  fifth 
day  of  January.  The  oaths  of  ofSce  required  by  the  Constitution  to  be 
administered  to  the  Governor  and  Lieutenant-Governor  elect,  were  taken 
and  subscribed  by  His  Excellency  William  Claflin  and  His  Honor 
Joseph  Tucker,  on  Saturday,  the  eighth  day  of  January,  in  the  pres- 
ence of  the  two  Houses  assembled  in  convention. 


ACTS 


5 

GEIS'EKAL    A:^D    SPECIAL 


An  Act  to  legalize  the  organization  of  the  benevolent  era-  Chap.      1. 

TERNITY   OP    CHURCHES   IN    THE    CITY   OF    BOSTON. 

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  organization  known  as  the  Benevolenjt  w|ii^|d*^°'^ 
Fraternity  of  Churches  in  the  city  of  Boston,  under  chapter 
twenty-four  of  the  acts  of  the  year  eighteen  hundred  and 
thirty-nine,  is  hereby  declared  a  valid  corporation,  anything 
in  the  manner  of  their  organization  to  the  contrary  notwith- 
standing. 

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

Approved  January  29,  1870. 

An  Act  to  amend  an  act  to  incorporate  the  new  Bedford  QJinrvy       9 

avomen's  reform  and  relief  association.  ^  ' 

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

Section  1.     The  first  section  of  chapter  two  hundred  and  Amendment, 
forty-four  of  the  acts  of  the  year  eighteen  hundred  and  fifty- 
nine,  is  hereby  amended  by  adding  after  the  word  "  virtue  " 
in  the  seventh  line  thereof,  the  words  "  and  a  home  for  poor 
and  destitute  females." 

Section  2.    The  said  association  shall  hereafter  be  known  Name  changed, 
as  the  New  Bedford  Female  Reform  and  Relief  Association. 

Approved  February  1,  1870. 

An   Act   making  appropriations   for    the   compensation  and  Chat).      3. 
mileage  of  members  of  the  legislature,  and  for  the  com-  ^' 

pensation  of   the   chaplains,  doorkeepers,  messengers  and 
pages  of  the  senate  and  house  of  representatives. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     The  sums  hereinafter  named  are  appropriated,  aJto''°?fg^*^°°^ 
to  be  paid  out  of  tlie  treasury  of  the  Commonwealth,  from 
the  ordinary  revenue,  for  the   purposes   specified,  for  the 
month  of  January  of  the  present  year,  as  ordered  by  the 
house  of  representatives,  to  wit : 


1870.— Chapter  4. 


Senators,  mile- 
age. 

Compensation. 


Representa- 
tives, mileage. 

Compensation. 
Chaplains. 


Doorkeepers, 
messengers  and 
pages. 


Chap.     4. 


Corporators. 


For  the  mileage  of  senators,  a  sum  not  exceeding  four 
hundred  dollars. 

For  the  compensation  of  senators,  a  sum  not  exceeding 
four  thousand  dollars. 

For  the  mileage  of  representatives,  a  sum  not  exceeding 
two  thousand  three  hundred  dollars. 

For  the  compensation  of  representatives,  a  sum  not  ex- 
ceeding twenty-two  thousand  five  hundred  dollars. 

For  the  salaries  of  the  chaplains  of  the  senate  and  house 
of  representatives,  a  sum  not  exceeding  two  hundred  dollars. 

For  the  compensation  of  the  doorkeepers,  messengers  and 
pages  of  the  senate  and  house  of  representatives,  a  sum  not 
exceeding  one  thousand  eight  hundred  and  twenty-one 
dollars. 

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

Approved  February  3,  1870. 
Ajt  Act  to  incorporate  the  trustees  of  the  museum  of  fixe 

ARTS. 

Be  it  enacted,  §"c.,  as  follows  : 

Section  1.  Martin  Brimmer,  Charles  C.  Perkins,  Charles 
W.  Eliot,  WiUiam  Endicott,  Jr.,  Samuel  Eliot,  Francis  E. 
Parker,  Henry  P.  Kidder,  William  B.  Eogers,  George  B. 
Emerson,  Otis  Norcross,  John  T.  Bradlee  and  Benjamin  S. 
Kotch,  together  with  three  persons  to  be  annually  appointed 
by  the  president  and  fellows  of  Harvard  College,  with  the 
consent  of  the  board  of  overseers,  three  persons  to  be  annu- 
ally appointed  by  the  trustees  of  the  Boston  Atheneeum,  and 
three  persons  to  be  annually  appointed  by  the  Massachusetts 
Institute  of  Technology,  if  the  said  corporations  shall  make 
such  appointments,  and  the  mayor  of  the  city  of  Boston,  the 
president  of  the  trustees  of  the  public  library  and  the  super- 
intendent of  public  schools  of  said  city,  the  secretary  of  the 
board  of  education,  and  the  trustee  of  the  Lowell  Institute, 
Name  and  pur-  ex  officUs,  are  hereby  made  a  body  corporate  by  the  name  of 
The  Trustees  of  the  Museum  of  Fine  Arts,  for  the  purpose 
of  erecting  a  museum  for  the  preservation  and  exhibition  of 
works  of  art,  of  making,  maintaining  and  exhibiting  collec- 
tions of  such  works,  and  of  affording  instruction  in  the  fine 
arts  ;  with  all  the  powers  and  privileges,  and  subject  to  all 
the  duties,  liabilities  and  restrictions  set  forth  in  chapter 
sixty-eight  of  the  General  Statutes,  and  acts  in  addition 
thereto. 

Section  2.  The  trustees  of  the  Museum  of  Fine  Arts  may 
hold  real  and  personal  estate  for  the  aforesaid  purpose  to  the 
value  of  one  million  dollars. 


pose. 


Powers  and  du 
ties. 


Eeal  and  per' 
sonal  estate. 


1870.— Chapters  5,  6.  5 

Section  3.    Whenever  any  vacancy  shall  occur  among  the  vacancies  in 

DOflrd  01  tniS' 

twelve  trustees  first  named  in  this  act,  or  their  successors,  trees. 
such  vacancy  shall  be  filled  by  the  whole  board  of  trustees  at 
an  annual  meeting,  or  at  a  meeting  specially  called  for  that 
purpose,  and  additional  trustees  may  be  elected  at  any  such 
meeting  :  provided,  that  the  whole  number  of  trustees  shall 
not  exceed  thirty. 

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

Approved  February  4,  1870. 
An  Act  to    incorporate    the    proprietors  of    the    woman's   Qfian.      5. 

JOURNAL.  "' 

Be  it  enacted^  §'c.,  asfolloivs  : 

Section  1.    Henry  B.  Blackwell,  Samuel  E.  Sewall,  Eben-  corporators. 
ezer  D.  Draper,  their  associates  and  successors,  are  hereby 
made  a  corporation,  by  the  name  of  the  Proprietors  of  the  '^^^^  and  pur- 
Woman's  Journal,  for  the  purpose  of  printing  and  publish- 
ing, in  the  city  of  Boston,  a  newspaper  called  the  Woman's 
Journal ;  with  all  the  powers  and  privileges,  and  subject  to  Powers  and  du- 
all  the  duties,  restrictions  and  liabilities  set  forth  in  all  gen- 
eral laws  which  now  are,  or  may  hereafter  be  in  force  in  this 
Commonwealth,  applicable  to  manufacturing  corporations. 

Section  2.     The  capital  stock  of  said  corporation  shall  be  capital  stock 
ten  thousand  dollars,  divided  into  shares  of  fifty  dollars  each,  ^^  *  "^^" 
with  the  right  to  increase  the  same  to  an  amount  not  exceed- 
ing twenty  thousand  dollars.     Said  corporation   shall   not 
commence  business  until  the  whole  capital  of  ten  thousand 
dollars  shall  have  been  paid  in  in  cash. 

Approved  February  4,  1870. 

An  Act  to  incorporate  the  American  college  and  musical  (Jfian.      6. 

CONSERVATORY   FOR   THE   BLIND.  ^' 

Be  it  enacted,  ^'c,  as  follows  : 

Section  1.     Samuel  G.  Howe,  William  Endicott,  junior,  corporators. 
Francis  W.  Bird,  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  the  American  College  ^'ame  and  pur- 
and  Musical  Conservatory  for  the  Blind,  for  the  purpose  of  ' """ 
establishing  and  maintaining,  in  the  city  of  Boston  or  its  vi- 
cinity, a  college  in  which  persons  permanently  or  temporarily 
blind   may   receive   instruction,  by   lectures,  by   embossed 
books,  maps,  diagrams,  models,  manikins,  and  by  other  ap- 
pliances adapted  to  the  hearing  and  touch,  in  the  higher 
branches  of  classical  and  scientific  learning  taught  in  the 
best  colleges,  to  students  who  can  see  ;  also  a  conservatory  in 
which  the  best  kind  of  musical  instruction  shall  be  given  by 
able  teachers,  with  the  aid  of  the  best  instruments  ;  with  all  Powers  and  du- 
the  powers  and  privileges,  and  subject  to  all  the  duties,  lia- 


pose. 


ties. 


1870.— Chapter  7. 


bilities  and  restrictions  set  forth  in  the  sixty-eighth  chapter 
'  of  the  General  Statutes. 
Si^e°tatl.^*  Section  2.  The  said  corporation  may  hold  real  estate,  not 
exceeding  in  value  one  hundred  thousand  dollars,  and  per- 
sonal property  not  exceeding  in  value  one  hundred  thousand 
dollars,  all  of  which  shall  be  devoted  to  the  purposes  afore- 
said. Approved  February  4,  1870. 

Chap.      7.  -Aj^  Act  making  appropriations  for  the  maintenance  of  the 

GOVERNMENT   DURING   THE   PRESENT   YEAR. 

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

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


Appropriations 
authorized. 


S.J. court, clerk. 
G.  S.  121,  §  6. 

Assistant-clerk. 
G.  S.  121,  §  20. 

Reporter. 

G.  S.  121,  §  56. 

Expenses. 
G.  S.  112,  §  39. 


SUPREME   JUDICIAL  COURT. 

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

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

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

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


Superior  court, 
j  udges' salaries. 
1867,  105. 


SUPERIOR   COURT. 


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

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


Judges,  probate 
and  insolvency : 
Suflblk. 
1867,  357. 
Middlesex. 
1867,  357. 

Worcester. 
1867,  357. 

Essex. 
1867,  357. 

Norfolk. 
1807,  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. 


1870.-~Chapter  7.  1 

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

For  the  salary  of  the  judge  of  probate  and  insolvency  for  fJ^Tnou^th. 
the  county  of  Plymouth,  one  thousand  three  hundred  dol- 
lars. 

For  the  salary  of  the  judge  of  probate  and  insolvency  for  fg|'J^^^/®- 
the  county  of  Berkshire,  one  thousand  two  hundred  dollars.      '' 

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

For  the  salary  of  the  judge  of  probate  and  insolvency  for  ^g^||^®* 
the  county  of  Hampshire,  nine  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency  for  fgg'^'^gy"" 
the  county  of  Franklin,  nine  hundred  dollars. 

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

For  the  salary  of  the  judge  of  probate  and  insolvency  for  ^q^*^^®*" 
the  county  of  Nantucket,  five  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency  for  ^^^Igf""*^' 
the  county  of  Dukes  county,  five  liundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  f^f^j^^'^^^ 
for  the  county  of  Suffolk,  three  thousand  dollars.  iso?,  35V. 

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

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

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

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

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

For  the  salary  of  the  register  of  probate  and  insolvency  fg^^g"*'*' 
for  the  county  of  Plymouth,  one  thousand  two  hundred  dol- 
lars. 

For  the  salary  of  the  register  of  probate  and  insolvency  ^orss?."" 
for  the  county  of  Hampden,  one  thousand  two  hundred  dol- 
lars. 

For  the  salary  of  the  register  of  probate  and  insolvency  fgl^^l^if^' 
for  the  county  of  Berkshire,  one  thousand  two  hundred  dol- 
lars. 

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  FranMin. 
for  the  county  of  Franklin,  nine  hundred  dollars. 


1870.— Chapter  7. 


Barnstable. 
1867,  357. 

Nantucket. 
1867,  357. 

Dukes  county. 
1867,  357. 

Assistant-regis- 
ters: 
Suffolk. 
1867,  357. 

Middlesex. 
1867,  357. 


Worcester. 
1867,  357. 


Essex. 
1867,  357. 


Norfolk. 
1867,  357. 

Expenses. 
G.  S.  118,  §  14. 


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

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

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

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

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

For  the  salary  of  the  assistant-register  of  probate  and  in- 
solvency for  the  county  of  Worcester,  one  thousand  five 
hundred  dollars. 

For  the  salary  of  the  assistant-register  of  probate  and  in- 
solvency for  the  county  of  Essex,  one  thousand  five  hundred 
dollars. 

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

For  certain  expenses  of  courts  of  insolvency  authorized  by 
the  General  Statutes,  a  sum  not  exceeding  five  hundred 
dollars. 


District-attor- 
neys. 
Suffolk. 
1867,349;  1869, 
373. 

Assistant. 
Suffolk. 
1807,  349. 

Eastern  dis- 
trict. 
1867,  349. 

Northern  dis- 
trict. 
1867,  349. 

Southern  dis- 
trict. 
1867,  349. 

Middle  district. 
1867,  349. 

South-eastern 
district. 
1867,  349. 

Western  dis- 
trict. 
1867,  349. 

North-western 
district. 
1867,  349. 


DISTRICT-ATTORNEYS. 

For  the  salary  of  the  attorney  for  the  county  of  Suffolk, 
three  thousand  five  hundred  dollars  ;  and  for  the  salary  of 
his  clerk,  one  thousand  dollars. 

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

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

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

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

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

For  the  salary  of  the  attorney  for  the  south-eastern  district, 
one  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. 


1870.— Chapter  7.  9 

police  courts. 

For  the  salary  of  the  justice  of  the  police  court  in  Adams,  J^^^t^^gf"""*^- 
eight  hundred  dollars.  Adams.' 

For  the  salary  of  the  justice  of  the  police  court  in  Cam-  Cambridge. 
bridge,  one  thousand  eight  hundred  dollars.  ^^*^^'  ^^'•'• 

For  the  salary  of  the  justice  of  the  police  court  in  Charles-  g'g^''^|g'9*°^- 
town,  one  thousand  two  hundred  dollars. 

For  the  salary  of  the  justice  of  the  police  court  in  Chel-  cb^isea^. 
sea,  one  thousand  six  hundred  dollars. 

For  the  salary  of  the  justice  of  the  police  court  in  Chico-  cMcopee. 
pee,  one  thousand  six  hundred  dollars. 

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

For  the  salary  of  the  justice  of  the  police  court  in  Glou-  g°9"'^^^9*^'^- 
cester,  one  thousand  six  hundred  dollars. 

For  the  salary  of  the  justice  of  the  police  court  in  Haver-  ^^I^g^^J^^- 
hill,  one  thousand  two  hundred  dollars. 

For  the  salary  of  the  justice  of  the  police  court  in  Law-  ^g^^'^l^g*^®- 
rence,  one  thousand  eight  hundred  dollars.  ' 

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

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

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

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

For  the  salary  of  the  justice  of  the  police  court  in  Milford,  Mi^ford. 
one  thousand  six  hundred  dollars. 

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

For  the  salary  of  the  justice  of  the  police  court  in  New-  Newburyport. 
buryport,  one  thousand  dollars.  ^**^^'  ^^^' 

For  the  salary  of  the  justice  of  the  police  court  in  Salem,  f^l^^i-.^ 
one  thousand  eight  hundred  dollars. 

For  the  salary  of  the  justice  of  the  police  court  in  Spring-  springfleid. 
field,  two  thousand  dollars. 

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

For  the  salaries  of  the  clerks  of  the  police  courts,  exclu-  Jferkl*^""^^" 
sive  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-  ^g^g^'^g^gSe. 
bridge,  one  thousand  dollars. 


10 


18T0.— Chapter  7. 


Charlestown. 
1869,  359. 

Fall  Kiver. 
1869,  359. 

Haverhill. 
1867,  316. 

Lawrence. 
1869,  359. 

Lowell. 
G.  S.  116. 

Lvnn. 
1869,  359. 

New  Bedford. 
G.  S.  116. 

Newburyport. 
1869,  359. 

Salem. 
1869,  359. 


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

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

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

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

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

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

For  the  salary  of  the  clerk  of  the  police  court  in  New  Bed- 
ford, eight  hundred  dollars. 

For  the  salary  of  the  clerk  of  the  police  court  m  Newbury- 
port, six  hundred  dollars. 

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


Municipal 
courts. 
Boston. 
1866,  279. 


Southern  dis- 
trict, Boston. 
J869,  369. 


Taunton. 
1869,  359. 


Worcester. 
1868,  198. 


MUNICIPAL   COURTS. 

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

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 
the  southern  district  of  Boston,  one  thousand  eight  hundred 
dollars. 

For  the  salary  of  the  clerk  of  the  municipal  court  for  the 
southern  district  of  Boston,  one  thousand  dollars. 

For  the  salary  of  the  justice  of  the  municipal  court  in 
Taunton,  one  thousand  two  hundred  dollars. 

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

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. 


District  court. 
Central  Berk- 
shire, 
1869,  416. 


DISTRICT   COURT  FOR   CENTRAL   BERKSHIRE. 

For  the  salary  of  the  standing  justice  of  the  district  court 
for  Central  Berkshire,  one  thousand  six  hundred  dollars  for 
the  present  year;  and  four  hundred  dollars  for  the  year 
eighteen  hundred  and  sixty-nine. 

For  the  salary  of  the  clerk  of  the  district  court  for  Central 
Berkshire,  six  hundred  dollars  for  the  present  year ;  and  one 


ISTO.—Chapters  8,  9.  .  11 

hundred  and  fifty  dollars  for  the  year  eighteen  hundred  and 
sixty-nine. 

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

Approved  February  4,  1870. 
An  Act  to  chaxge  the  name  of  the.  essex  street  congrega-  Chcip.      8. 

TIONAL    society. 

Be  it  enacted,  Sfc,  as  follows : 

Section  1.    The  Essex  Street  Congregational  Society  shall  '^^'^^  changed, 
hereafter  be  known  as  the  Columbus  Avenue  Congregational 
Society. 

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

Approved  February  7,  1870. 
An  Act  to  authorize  the  boston  and  lowell  railroad  cor-  QJid^^      9. 

PORATION    TO    construct    A     BRANCH    RAILROAD    TO    THE    MYSTIC  "*  * 

RIVER  RAILROAD,  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  ^'c,  as  follows  : 

Section  1.     The  Boston  and  Lowell  Railroad  Corporation  j^^l^^^^^oad 
is  hereby  authorized  to  construct  and  maintain  a  branch  from  MUk  Row 
railroad,  beginning  at  a  point  in  the  present  track  of  their  ticRiver'Raii- 
railroad  within  two  hundred  feet  of  Milk  Row  station,  so  ^°^^- 
called,  in  Somerville,  and  southerly  of  the  bridge  near  said 
station y  thence  running  easterly,  by  as  direct  a  line  as  is  rea- 
sonably practicable,  to  the  Mystic  River  Railroad,  at  a  point 
near  the  present  crossing  of  the  Boston  and  Maine  and  East- 
ern Railroads  and  within  three  hundred  feet  of  the  Ball  sig- 
nal station,  as  the  same  now  stands,  near  said  crossing. 

Section  2.     Said  branch  railroad  may  cross  the  Boston  May  cross  bos- 
and  Maine  Railroad  and  the  Eastern  Railroad  and  the  Grand  Ealtera  and    ' 
Junction  Branch  of  the  Boston  and  Albany  Railroad,  at  naUrSa't*''''' 
grade  :  provided,  said  crossings  shall  be  made  and  maintained  grade. 
at  the  expense  of  said  Boston  and  Lowell  Railroad-  Corpora- 
tion ;  and  the  construction  of  each  of  said  crossings  shall  be 
done  in  such  manner  as  may  be  agreed  upon  in  writing  by 
said  Boston  and  Lowell  Railroad  Corporation,  with  each  of 
said  other  corporations  respectively,  and  in  case  of  disagree- 
ment in  either  case  the  whole  matter  relating  to  the  construc- 
tion of  such  crossing  shall  be  done  under  the  direction  of  the 
railroad  commissioners ;  and  provided,  further,  that  when-  Proviso, 
ever  trains  shall  approach  the  said  crossing  on  the  said  Bos- 
ton and  Maine  Railroad  or  on  the  said  Eastern  Railroad  at 
the  same  time  with  the  trains  on  the  branch  railroad  hereby 
authorized  to  be  constructed,  the  prior  right  to  move  forward 
shall  be  allowed  the  said  Boston  and  Maine  and  Eastern 
Railroads. 


12 


1870.— Chapter  10. 


Ma^y^enterupon      SECTION  3.     The  Boston  and  Lowell  Railroad  Corporation, 
roads.  by  mcans  of  the  branch  railroad  hereby  authorized  to  be  con- 

structed, is  further  authorized  to  connect  with,  enter  upon 
and  use  each  of  the  railroads  herein  before  mentioned,  ac- 
cording to  law,  with  the  reciprocal  right  on  the  part  of  each 
of  said  railroads  to  enter  upon,  connect  with  and  use  said 
Boston  and  Lowell  Railroad.     And  said  Boston  and  Lowell 
Railroad  Corporation  is  also  authorized  to  lease  or  purchase 
said  Mystic  River  Railroad,  upon  such  terms  as  said  corpora- 
tions may  mutually  agree. 
S^&r^r        Section  4.     The  Boston  and  Lowell  Railroad  Corporation 
depo't  near  deep  may  purcliasc  and  improve  such  lands,  wharves  or  buildings 
Harbor.   ^^^^"^  upoii  tlic  line  of  Said  Mystic  River  Railroad,  or  near  the  ter- 
minus thereof,  as  may  from  time  to  time  be  deemed  requisite 
to  establish  a  freight  and  shipping  depot  near  the  deep  waters 
of  Boston  harbor. 

Section  5.  This  act  shall  take  effect  upon  its  passage, 
and  shall  be  void  unless  the  location  of  the  branch  railroad 
hereby  authorized  to  be  constructed  shall  be  filed  within  one 
year,  and  said  branch  shall  be  constructed  within  two  years 
from  the  passage  of  this  act.  Approved  February  7,  1870. 


vnien  to  take 
effect. 


Chap.     10.   -^^    ■^^'^    MAKING    APPROPRIATIONS    FOR    EXPENSES    OF     THE    STATE 
^  '  '         ALMSHOUSES  ;    THE  STATE    PRISON  ;   THE  REFORM   SCHOOL  At  WEST- 

BOROUGH  ;     THE    MASSACHUSETTS   NAUTICAL   SCHOOL  ;     THE    INDUS- 
TRIAL  SCHOOL   FOR   GIRLS,   AND   FOR   OTHER   PURPOSES. 

Be  it  enacted,  ^'c,  as  folloios  : 

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  specified,  for  the 
purpose  of  meeting  the  current  expenses  of  the  institutions 
hereinafter  named,  and  for  other  purposes,  during  the  year 
ending  December  thirty-first,  in  the  year  eighteen  hundred 
and  seventy,  to  wit : 


Appropriatic 
autlionzed. 


State  alms- 
house, Tewks- 
bury. 
G.  S.71. 
Monson. 
G.  S.71;  1866, 
209. 


Bridgewater. 
G.  S.  71 ;  1866, 
198. 


Kainsford  Isl- 
and. 
G.  S.  71. 


CHABITABLE. 

For  the  current  expenses  of  the  state  almshouse  at  Tewks- 
bury,  a  sum  not  exceeding  twenty-five  thousand  dollars. 

For  the  current  expenses  of  the  state  almshouse  and  state 
primary  school  at  Monson,  a  sum  not  exceeding  twenty  thou- 
sand dollars. 

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

For  expenses  of  the  hospital  property  at  Rainsford  Island, 
a  sum  not  exceeding  one  thousand  and  two  hundred  dollars. 


1870.— Chapters  11,  12.  13 

REFORMATORY   AND   CORRECTIONAL. 

For  tlie  current  expenses  of  the  state  prison,  a  sum  not  fselfs^a'^*''^" 
exceeding  thirty  thousand  dollars. 

For  the  current  expenses  of  the  state  reform  school  at  Reform  school. 
"Westborough,  a  sum  not  exceeding  fifteen  thousand  dollars. 

For  the  current  expenses  of  the  Massachusetts  nautical  Nautical  school. 
school,  a  sum  not  exceeding  fifteen  thousand  dollars. 

For  the  current  expenses  of  the  Industrial  school  for  girls,  industrial 
at  Lancaster,  a  sum  not  exceeding  ten  thousand  dollars.  g.  s.  75. 

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

Approved  February  10,  1870. 
An  Act  to  authorize   the  Atlantic  works   to   increase   its  Chap.    11. 

CAPITAL   stock   AND    HOLD    ADDITIONAL    REAL    ESTATE.  "' 

Be  it  enacted,  ^'c,  as  follows : 

Section  1.     The  Atlantic  Works,  organized  under  chapter  $3oo,ooo  addi- 

,,,,  Pini  •    ^  1  tional  capital 

two  hundred  and  seventy-one  oi  the  acts  ot  the  year  eighteen  stock. 

hundred  and  fifty-three,  is  hereby  authorized  to  increase  its 

capital  stock,  not  exceeding  three  hundred  thousand  dollars ; 

and  to  hold  real  estate  to  the  value  of  two  hundred  and  fifty  $25^,000  addi- 

thousand  dollars  in  addition  to  the  amount  named  in  said  estate. 

charter. 

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

Approved  February  10,  1870. 
An  Act  in  addition  to  an  act  making  appropriations  for  the  Qfid^)     19 

MAINTENANCE  OF  THE  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,  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  eigh- 
teen hundred  and  seventy,  to  wit : 

legislative  department. 

For  the  salaries  of  the  clerks  of  the  senate  and  house  of  a^  ^oust^^*^ 
representatives,  five  thousand  dollars.  isg?,  305.  ' 

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

For  the  compensation  of  an  engineer  and  such  watchmen  Engineer, 
and  firemen  as  may  be  employed  in  the  state  house,  a  sum  firtmen.^°  ^^ 
not  exceeding  nine  thousand  two  hundred  dollars.  f^\.'^^^'  ^^^' 

For  fees  of  witnesses  summoned  before  committees,  a  sum  witnesses' fees. 
not  exceeding  eight  hundred  dollars.  Sea,' 309.^^*^' 


14 


1870.— Chapter  12. 


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


Governor's  sec- 
retary. 
1860,  298,  §  4. 
Messenger. 
1869,  406. 

Assistant-mes- 
senger. 
1807,  107. 

Contingent  ex- 
penses. 
G.  S.  14,  §  62. 


EXECUTIVE   DEPARTMENT. 

For  the  mileage  and  compensation  of  the  lieutenant-gov- 
ernor and  council,  a  sum  not  exceeding  twelve  thousand 
dollars. 

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

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

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

For  the  contingent  expenses  of  the  executive  council,  a 
sum  not  exceeding  five  hundred  dollars. 


Secretary  of  the 
Commonwealth 

1800,  298. 

First  clerk. 
1860,  298. 

Second  clerk. 
1866,  298. 

Messenger. 
1869,  466. 

Additional 
clerks. 
G.  S.  14,  §4; 
1807,  107. 


secretary's   DEPARTMENT. 

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

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

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

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

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


Treasurer. 
1866,  298. 

First  clerk. 
1809,  454. 

Assistant-clerk 
and  cashier. 
1800,  298. 


Additional 

clerks. 

G.  S.  15,  §12; 

1807,  107. 


TREASURER  S    DEPARTMENT. 

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

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

For  the  salaries  of  the  first  assistant-clerk  and  of  the  cash- 
ier in  the  treasurer's  department,  three  thousand  four  hun- 
dred 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. 


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. 


1870.— Chapter  12.  15 

For  the  salary  of  the  second  clerk  of  the  tax  commissioner,  second  cierk. 
one  thousand  five  hundred  dollars. 

For  such  additional  clerical  assistance  as  the  tax  commis-  Addmonai 
sioner  may  find  necessary,  a  sum  not  exceeding  nine  thou-  i865, 28.3,  §  12. 
sand  dollars. 

auditor's  department. 

For  the  salary  of  the  auditor  of  accounts,  two  thousand  Auditor  of  ac- 
five  hundred  dollars.  ise?,  178. 

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

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

For  such  additional  clerical  assistance  as  the  auditor  may  Additional 
find  necessary,  a  sum  not  exceeding  five  thousand  five  hun-  is^,  iVs. 
dred  dollars. 

attorney-general's  department. 

For  the  salary  of  the  attorney-general,  three  thousand  five  Attomey-gen- 
hundred  dollars.  is66"298. 

For  the  salary  of  the  assistant  attorney-general,  one  thou-  Assistant-attor- 
sand  eight  hundred  dollars.  ilisf^r'^^' 

commissioners,  et  al. 

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

For  the  salary  of  the  insurance  commissioner,  two  thou-  Srlfnce  com- 
sand  dollars.      '  ^^of^T""'    ' 

For  the  salary  of  the  clerk  of  the  insurance  commissioner,  cierk~ 
two  thousand  dollars.  1869,434. 

The  fees  received  as  compensation  for  the  valuation  of  life  Additional 
policies  are  hereby  appropriated,  to  be  applied  in  accordance 
with  the  provisions  of  chapter  four  hundred  and  thirty-four 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-nine. 

For  the  salary  of  the  constable  of  the  Commonwealth,  three  constable  of 
thousand  dollars,  and  for  the  compensation,  travelling  ex-  we\itb!'"^°'^' 
penses,  clerical,  incidental  and  contingent  expenses  of  the  i865*^249^'T867 
state  police,  a  sum  not  exceeding  one  hundred  and  two  thou-  349. '     ' 
sand  five  hundred  and  fifty  dollars. 

For  the  salary  and  office  expenses  of  the  inspector  of  gas-  inspector  of 
meters,  three  thousand  dollars.  f86i™i68!^§2. 

For  the  salaries   of  the  railroad  commissioners,  twelve  Kaiiroad  com- 
thousand  dollars  for  the  present  year  ;   and  five  tliousand  ^m^mHs. 
eight  hundred  thirty-five  dollars  for  the  year  eighteen  hun- 
dred and  sixty-nine. 


16 


1870— Chapter  12. 


Clerk. 
1869, 408,  §  7. 


Liquor  commis- 
sioner. 
1869,  415,  §  7. 


Assayer  of  liq- 
uors. 
1869,  415,  §  25. 


Secretary  state 
board  of  health, 
1869,  420. 

Bureau  of  sta- 
tistics on  labor. 
Kes.  1869,  102. 


For  the  salary  of  the  clerk  of  the  railroad  commissioners, 
two  thousand  dollars  for  the  present  year ;  and  eight  hun- 
dred and  eleven  dollars  and  eighty-three  cents  for  the  year 
eighteen  hundred  and  sixty-nine. 

For  the  salary  of  the  commissioner  for  the  purchase  and 
sale  of  spirituous  and  intoxicating  liquors,  four  thousand 
dollars. 

For  the  salary  of  the  assayer  and  inspector  of  liquors, 
three  thousand  dollars  for  the  present  year ;  and  one  thou- 
sand two  hundred  and  fifty-eight  dollars  for  the  year  eighteen 
hundred  and  sixty-nine. 

For  the  salary  of  the  secretary  of  the  state  board  of  health, 
two  thousand  five  hundred  dollars. 

For  the  salary  of  the  chief  of  the  bureau  of  statistics  on 
the  subject  of  labor,  two  thousand  five  hundred  dollars  ;  and 
for  the  salary  of  his  deputy,  two  thousand  dollars. 


Secretary  board 
of  agriculture. 
1867,  107. 

Clerk. 
1869,  96. 

Additional 
clerks. 
Lectures. 
1869,  96. 


AGRICULTURAL  DEPARTMENT. 

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

For  the  salary  of  the  clerk  of  the  secretary  of  the  board 
of  agriculture,  one  thousand  one  hundred  dollars. 

For  the  compensation  of  other  clerical  services  in  the  ofiice 
of  the  secretary  of  the  board  of  agriculture,  and  for  lectures 
before  the  board  of  agriculture,  a  sum  not  exceeding  four 
hundred  dollars. 


state  charities. 
Secretary. 
1869,  453,  §  7. 

Clerks. 
1863,  240,  §  7. 


Agent. 
1866,  298. 


Clerks. 
1863,  240,  §  7. 


Visiting  agent. 
J869,  453. 


■  Transportation 
.of  state  pau- 
pers. 
1863,  240,  §  2. 


BOARD   OF  STATE  CHARITIES. 

For  the  salary  of  the  secretary  of  the  board  of  state  char- 
ities, three  thousand  dollars. 

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

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

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

For  the  salary  of  the  visiting  agent  of  the  board  of  state 
charities,  the  sum  of  two  thousand  five  hundred  dollars ;  and 
for  such  clerical  and  other  assistance  as  he  may  find  neces- 
sary, a  sum  not  exceeding  five  thousand  dollars. 

For  the  transportation  of  state  paupers,  to  be  expended  by 
the  agent  of  the  board  of  state  charities,  a  sum  not  exceed- 
ing thirteen  thousand  dollars ;  and  any  additional  assistance 


t 


1870.— Chapter  12.  17 

necessary  to  effect  such  transportation  shall  be  paid  out  of 
said  sum :  provided,  a  detailed  report  of  such  expenditures 
shall  be  rendered  to  the  auditor  of  accounts  on  the  first  day 
of  every  month. 

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  secretary. 
from  the  moiety  of  the  income  of  the  Mas^chusetts  school  ^^^''  '^'^' 
fund  applicable  to  educational  purposes. 

For  the  salary  and  expenses  of  such  agent  or  agents  as  the  Agent, 
board  of  education  may  appoint,  a  sum  not  exceeding  three 
thousand  two  hundred  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  ^In  a^ud  derk^' 
board  of  education,  two  thousand  dollars.  1866,^98. 

For  such  additional  clerical  assistance  in  the  state  library  Additional 
as  may  be  found  necessary,  a  sum  not  exceeding  one  thou-  g!s.*5;  Res. 
sand  five  hundred  dollars.  al!^!^,!?' 

1869,  68.' 
MILITARY  DEPARTMENTS. 

For  the  salary  of  the  adjutant-general,  two  thousand  five  ^f,'^**°*'^®°" 
hundred  dollars.  isoo',  298. 

For  the  salary  of  the  first  clerk  of  the  adjutant-general,  fjg!*  ^i"^- 
two  thousand  dollars. 

For  such  additional  clerical  assistance  as  the  adiutant-gen-  Additional 

clerk'5 

eral  may  find  necessary,  a  sum  not  exceeding  ten  thousand  1866,299;  ise?, 
four  hundred  dollars.  ^^^' 

For  the  salary  of  the  surgeon-general,  a  sum  not  exceeding  Surgeon-gen- 
two  thousand  five  hundred  dollars.    For  such  clerical  assist-  cfierks. 
ance  as  the  surgeon-general  may  find  necessary,  a  sum  not  Jgg^'  |g|  ijg / 
exceeding  two  thousand  dollars. 

For  the  compensation  of  a  messenger  in  the  surgeon-gen-  iggg^l"^^^^ 
eral's  bureau,  a  sum  not  exceeding  two  hundred  dollars. 

For  the  completion  of  the  bounty  records  of  the  Common-  ^i*."'^ty7e<'<»;'is. 
wealth,  under  the  direction  of  the  governor,  a  sum  not  ex-  1866I  298,299'. 
ceeding  two  thousand  dollars. 

For  the  salary  of  the  superintendent  of  the  state  arsenal  of  a^sln^^"*^^''* 
in  Cambridge,  a  sum  not  exceeding  one  thousand  eight  hun-  1866,298,299. 
dred  dollars. 

For  the  compensation  of  the  employes  at  the  state  arsenal  Employes  at 

r^         \     •  ^  t  ■,  -,  i  arsenal. 

in  Cambridge,  a  sum  not  exceeding  two  thousand  seven  hun-  1866, 298, 299. 
dred  dollars. 

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

Approved  February  11,  1870. 
3 


18  1870.— Chapters  13,  14,  15. 

Cha'D       13  ^^     ^^^    ^^     REVIVK   THE  CHARTER  OF  THE  MONSON  GRANITE 
■*  '     *  COMPANY. 

Be  it  enacted,  §'c.,  as  follows : 
Charter  re-  SECTION  1.    Chapter  One  hundred  and  seventy-niiie,  of  the 

for  organizing    Bcts  of  the  year  eighteen  hundred  and  sixty-six,  is  hereby 
extended.         revived  and  continued  in  force,  and  the  time  for  organizing 

said  corporation  authorized  thereby  is  hereby  extended  two 

years. 

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

Approved  February  11,  1870. 

Chan     14   ^^  Act  to  incorporate  the  fall  river  manufacturers'  mu- 
^'         '  tual  insurance  company. 

Be  it  enacted,  ^t.,  as  follows  : 
Corporators.  SECTION  1.     Stephen  Davol,  S.  Angier  Chace,  David  A. 

Bray  ton,  their  associates  and  successors,  are  hereby  made  a 
Name  and  pur-  Corporation  by  tlie  name  of  the  Fall  River  Manufacturers' 
pose.  Mutual  Insurance  Company,  to  be  located  in  the  city  of  Fall 

River,  for  the  purpose  of  insuring  manufactories,  and  other 

buildings,  and  their  contents,  against  loss  or  damage  by  fire, 
Powers  and  du-  ou  the  luutual  principle ;  with  all  the  powers  and  privileges, 
*'^*'  and  subject  to  all  the  duties,  liabilities  and  restrictions  set 

forth  in  all  general  laws  which  now  are,  or  hereafter  may  be 

in  force,  relating  to  such  corporations. 
What  policies        SECTION  2.     Said  Corporation  may  issue  policies  upon  any 
may  issue.        property,  included  in  the  terms  of  section  first,  situated  in 

the  New  England  states,  and  in  the  states  of  New  York,  New 
Proviso.  Jersey  and  Pennsylvania  :  provided,  hoivever,  that  no  policy 

shall  be  issued  until  the  sum  of  one  million  dollars  has  been 

subscribed  to  be  insured. 

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

Approved  February  11,  1870. 

Chan     1  5        ^^  -^^^  ^^  REVIVE  the  newton  bank,  for  certain  purposes. 

Be  it  enacted,  Sfc,  as  follows  : 

Charter  revived  Section  1.  The  Corporation  heretofore  known  as  the 
mIiang'conv*ey-  president,  dircctors  and  company  of  the  Newton  Bank,  and 
estate^  "^^  locatcd  in  Newton,  is  hereby  revived  and  continued  for  the 
purpose  of  enabling  the  president  and  directors  of  said  New- 
ton 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  re-convey,  transfer,  or  release  any  real 
estate,  or  any  interest  therein,  conveyed  to  said  bank  as  col- 
lateral security  for  any  indebtedness  afterwards  paid  or  dis- 
charged, unto  the  parties  by  whom  such  conveyance  was 


1870.— Chapters  16,  17,  18.  19 

made  to  said  bank,  or  to  their  assigns,  and  for  no  other  pur- 
pose whatever. 

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

Approved  February  12,  1870. 

— « 

An  Act  in  addition  to  an  act  to  incorporate  "  the  Gloucester  (Jfiap.    16. 

FIRE    insurance   COMPANY."  " 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.  The  Gloucester  Fire  Insurance  Company  is  May  insure 
hereby  authorized  to  insure  against  maritime  losses,  in  addi-  time  losses. 
tion  to  the  powers  granted  by  virtue  of  chapter  two  hundred 
and  eighty-five,  of  the  acts  of  the  year  eighteen  hundred  and 
sixty- nine ;  and  it  shall  have  all  the  powers  and  privileges, 
and  be  subject  to  all  the  duties,  restrictions  and  liabilities,  set 
forth  in  all  general  laws  which  now  are,  or  hereafter  may  be 
in  force  relating  to  fire  and  marine  insurance  companies. 

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

Approved  February  12,  1870. 

An  Act  to  amend  the  charter  of  the  essex  institute.        ChoT).    17. 
Be  it  enacted,  Sfc,  as  fnlloios : 

Section  1.     The  Essex  Institute  shall  have  for  its  objects  Advancement 
the  advancement  of  the  arts,  literature  and  science,  in  addi-  °    ^^  ^^  ^' 
tion  to  the  objects  for  which  the  Essex  Historical  Society  and 
the  Essex  County  Natural  History  Society  were  incorporated.     . 

Section  2.     The  third  section  of  chapter  five,  of  the  acts  of  Repeal. 
the  year  eighteen  hundred  and  forty-eight,  is  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  acceptance  when  to  take 
by  said  Essex  Institute  at  a  meeting  duly  lield  for  that  pur-  ^^^'^'' 

pose.  Approved  February  12,  1870. 

An  Act  to  incorporate  the  taunton  street  railway  company,  njffjj^     1  Q 
Be  it  enacted,  Sj'c,  as  follows : 

Section  1.    William  C.  Levering,  Henry  G.  Reed,  Charles  Corporators. 
Albro,  William  Mason,  Samuel  Colby,  Artemas  Briggs,  Hez- 
ekiah  W.  Church,  their  associates  and  successors,  are  hereby 
made  a  corporation,  by  the  name  of  the  Taunton  Street  Rail-  Name  and  pur- 
way  Company,  with  authority  to  build,  maintain  and  use  a  ^°**^' 
street  railway,  beginning  at  some  convenient  point  or  points 
at  Weir  village,  in  the  city  of  Taunton,  and  running  to  City 
Square  ;  thence  through  the  villages  of  Hopewell  and  Bri- 
tanniaville,  to  some  convenient  point  or  points  at  Whittenton 
village,  in  said  city  ;  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  relative  to  street  railway  corporations. 


20  1870.— Chapters  19,  20,  21. 

Capital  stock.  SECTION  2.  The  Capital  stock  of  said  Corporation  shall  not 
exceed  one  hundred  thousand  dollars. 

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

Approved  February  12,  1870. 

«  — _ 

ChCip.     19.    ^^  -^^^    ^^  ADDITION   TO    AN   ACT    ESTABLISHING    THE    STATE    "SVORK- 
"  *  HOUSE    AT    BRIDGEWATKR. 

Be  it  enacted,  Sfc,  as  folloivs  : 

imeS  Section  1.     Chapter  two  hundred  and  fifty-eight  of  the 

acts  of  the  year  eighteen  hundred  and  sixty-nine  is  hereby 
so  far  amended,  that  any  one  of  the  overseers  of  the  poor 
of  any  city  or  town,  or  in  the  city  of  Boston,  any  member  of 
the  board  of  directors  for  public  institutions,  may  make  the 
complaint  provided  to  be  made  under  the  first  section  of  said 
act. 

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

Approved  February  12,  1870. 

Chan     20    ^^  ^^^  concerning  the  suburban  and  Middlesex  railroad 
i^'         '  companies. 

Be  it  enacted,  §^e.,  as  follows: 
Middlesex  and       SECTION  1.     The  Suburban  Railroad  Company  is  hereby 

Siibiirhiii  rill"  i         v  •/ 

roads  iliay  con-  autliorizcd  to  uuitc  and  consolidate  with  the  Middlesex  Rail- 

sohdate.  ^^^^^^  Company,  at  such  time  and  on  such  terms  as  may  be 

mutually  agreed  upon  by  said  corporations ;  and  when  thus 

■     united,  said  corporations  shall  constitute  one  corporation, 

under  the  name  of  the  Middlesex  Railroad  Company :  pro- 

-Proviso.  vided,  however,  that  the  terms  of  such  union  shall  be  ap- 

proved by  a  majority  in  interest  of  the  stockholders  of  each 
of  said  corporations  respectively,  present  and  voting  at  meet- 
ings called  for  the  purpose,  at  which  a  quorum  shall  be  rep- 
resented. 

rowers  ana  du-  SECTION  2.  The  Corporation  formed  as  aforesaid  shall 
have,  hold,  possess  and  enjoy,  all  the  powers,  privileges, 
rights,  franchises,  property  and  estates,  which  at  the  time  of 
such  union  may  be  held  and  enjoyed  by  each  of  the  corpora- 
tions so  united  ;  and  shall  be  subject  to  all  the  duties,  restric- 
tions and  liabilities  to  which  they  may  be  at  that  time  severally 
subject. 

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

Approved  February  15,  1870. 

Chnn     91     "^   ^^^  MAKING  additional   appropriations   for  certain  ex- 
jT*  penses  authorized  in  the  year  eighteen  hundred  and  sixty- 

nine,  AND   PREVIOUS  YEARS,  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  Sfc,  as  follows: 
AiJpropriations       SECTION  1.     The  sums  hereinafter  mentioned  are  appro- 
priated to  be  paid  out  of  the  treasury  of  the  Commonwealth, 


1870— Chapter  21.  21 

from  the  ordinary  revenue,  except  in  cases  otherwise  ordered, 
for  the  purposes  specified  herein,  to  wit: 

LEGISLATIVE  DEPARTMENT. 

For  printing  and  binding  ordered  by  the  senate  or  house  Printing  and 

Dinclino'"  orQGrGQ 

of  representatives,  or  by  the  concurrent  order  of  the  two  by  legislature. 
branches,  a  sum  not  exceeding  twelve  thousand  five  hundred  ^^^'  ^^''°'''^- 
and  seventy-three  dollars  and  forty-seven  cents. 

For  printing  blanks  and  circulars,  and  the  calendar  of  or-  senate  print- 
ders  of  the  day  for  the  use  of  the  senate,  a  sum  not  exceed-  Res',  issg,  74. 
ing  three  hundred  and  eleven  dollars  and  forty-seven  cents. 

For  printing  blanks  and  circulars,  and  the  calendar  of  or-  House  printing, 
ders  of  the  day  for  the  use  of  the  house  of  representatives,  ^'^^^    ^  ' 
a  sum  not  exceeding  two  hundred  and  seventeen  dollars  and 
seven  cents. 

For  stationery  for  the  senate,  purchased  by  the  clerk  of  the  senate  station- 
senate,  a  sum  not  exceeding  one  hundred  and  two  dollars  rJs.  isso,  74. 
and  eighty-one  cents. 

For  contingent  expenses  of  the  senate  and  house  of  repre-  Contingent  ex- 
sentatives,  a  sum  not  exceeding  one  thousand  and  thirty-two  tare.  ' 
dollars  and  seventy-two  cents.  ^"  ^'  ^*'  ^  ^^' 

STATE   PRINTING. 

For  printing  and  binding  the  series  of  public  documents  Public  docu- 
iu  the  last  quarter  of  the  year  eighteen  hundred  and  sixty-  q^sIX 
eight,  a  sum  not  exceeding  two  tiiousand  eight  hundred  and 
thirty  dollars  and  fifteen  cents. 

For  printing  the  pamphlet  edition  of  the  general  acts  and  Pamphlet  edi- 
resolves  of  tbe  year  eighteen  hundred  and  sixty-nine,  a  sum  resolves'. 
not  exceeding  two  thousand  one  hundred  and  fifteen  dollars  ^•^•^'  iso^.es. 
and  forty-seven  cents. 

For  printing  and  binding  the  Supplement  to  the  General  f,"eP?]e™'^"i*° 
Statutes  for  the  year  eighteen  hundred  and  sixty-nine,  a  sum  statutes. 
not  exceeding  two  hundred  and  seventy-three  dollars  and  ^•^•^• 
eighty-nine  cents. 

MISCELLANEOUS. 

For  repairs,  improvements  and  furniture  of  the  state  house  Repairs  and 
for  the  year  eighteen  hundred  and  sixty-nine,  a  sum  not  ex-  state  hous^e. 
ceeding  two  thousand  four  hundred  and  thirty-nine  dollars  g.  s.  14,  §62. 
and  ten  cents;  and  for  the  year  eighteen  hundred  and  sixty- 
eight,  a  sum  not  exceeding  twenty-nine  dollars  and  fifty-thres- 
ceut  . 


22 


1870.— Chapter  21. 


Incidental  ex- 
penses, secre- 
tary's depart- 
ment. 
G.  S.  14. 
Auditor's  de- 
partment. 
1867,  178. 


Attorney-gen- 
eral's depart- 
ment. 
G.  S.  14. 


Militia  bounty. 
1866,219;  1867, 
266. 

Military  ac- 
counts. 

1866,219;  1867, 
266. 

Visiting  agent, 
board  of  state 
charities. 
1869,  45.3. 

Secretary  board 
of  agriculture. 
G.  S.  16. 


Board  of  agri- 
culture, ex- 
penses. 
G.  S.  16. 
Cattle  commis- 
sioners. 
Res.  1866,  17. 

Harbor  com- 
missioners. 
1S66,  149. 


Nautical  school. 
G.  8.  76. 


Commissioners 
of  Cape  Cod 
Harbor. 
Res.  1867,  86. 


Valuation 
books. 
1861,  167. 


Railroad  com- 
missioners. 
1869,  408,  §  7. 


Industrial 
school  for  girls. 
G.  S.  75. 


For  incidental  expenses  of  the  secretary's  department,  a 
sum  not  exceeding  one  thousand  two  hundred  and  seventy- 
four  dollars  and  forty-one  cents. 

For  incidental  expenses  of  the  auditor's  department,  a  sum 
not  exceeding  two  hundred  and  thirty-two  dollars  and  forty 
cents. 

For  fees,  costs  and  court  expenses  of  the  attorney-general, 
and  for  incidental  and  contingent  expenses  of  the  attorney- 
general's  department,  a  sum  not  exceeding  three  hundred 
and  fifty-four  dollars  and  eighty  cents. 

For  militia  bounty,  a  sum  not  exceeding  seven  thousand 
two  hundred  and  fifty-four  dollars  and  ninety-five  cents. 

For  military  accounts,  a  sum  not  exceeding  one  thousand 
five  hundred  and  eighty-one  dollars  and  ninety-two  cents. 

For  expenses  of  the  visiting  agency  of  the  board  of  state 
charities,  a  sum  not  exceeding  seven  hundred  and  ninety-four 
dollars  and  sixty-six  cents. 

For  expenses  of  the  secretary  of  the  board  of  agriculture, 
a  sum  not  exceeding  one  hundred  and  twenty-eight  dollars 
and  ninety-eight  cents. 

For  the  personal  expenses  of  members  of  the  board  of  ag- 
riculture, a  sum  not  exceeding  two  hundred  and  fifty  dollars. 

For  expenses  of  the  cattle  commissioners  appointed  in  the 
year  eighteen  hundred  and  sixty-eight,  a  sum  not  exceeding 
twenty-five  dollars. 

For  compensation  and  expenses  of  the  harbor  commission- 
ers, a  sum  not  exceeding  two  thousand  nine  hundred  and 
fifty-six  dollars. 

For  the  current  expenses  of  the  Massachusetts  nautical 
school,  a  sum  not  exceeding  four  hundred  and  ninety-six 
dollars  and  sixty-nine  cents. 

For  the  compensation  and  expenses  of  the  commissioners 
of  Cape  Cod  harbor,  a  sum  not  exceeding  two  thousand  four 
hundred  and  twenty-five  dollars  and  seventeen  cents,  the  same 
to  be  taken  and  paid  from  the  coast  defence  fund. 

For  valuation  books  for  the  year  eighteen  hundred  and 
sixty-nine,  a  sum  not  exceeding  one  thousand  eight  hundred 
and  sixty-nine  dollars  and  twenty-five  cents. 

For  incidental  and  contingent  expenses  of  the  railroad 
commissioners,  a  sum  not  exceeding  six  hundred  and  eigh- 
teen dollars  and  forty-eight  cents. 

For  the  current  expenses  of  the  industrial  school  for  girls, 
a  sum  not  exceeding  one  thousand  two  hundred  and  twenty- 
five  dollars  and  forty  cents. 


1870.— Chapter  22.  23 

For  expenses  of  the  Rainsford  Island  Hospital  property,  a  ^^^"^^spuii!' 
sum  not  exceeding  one  hundred  and  twenty  dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  16,  1870. 
An  Act  to  amend  the  act  incorporating  the  Worcester  safe  Chap.    22. 

DEPOSIT   AND    TRUST   COMPANY. 

Be  it  enacted,  Sfc,  as  folloios : 

Section  1.     It  shall  be  lawful  for  the  Worcester  Safe  De-  ^e';ftV°;^te 
posit  and  Trust  Company  to  invest  its  capital  stock  and  all  made. 
the  moneys  intrusted  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  in  this 
Commonwealth  ;  in  the  first  mortgage  bonds  of  any  railroad 
company  incorporated  in  the  New  England  states,  which  has 
earned  and  paid  regular  dividends  for  two  years  next  preced- 
ing such  investment,  or  in  the  bonds  of  any  such  railroad 
company  as  is  unincumbered  by  mortgage,  or  in  the  stock  of 
any  such  railroad  companies;  and  the  said  corporation  may  what  loans 
make  loans  upon  mortgages  on  real  estate  within  this  Com-  ™*^  *^™*^ 
monwealth,  or  upon  the  notes  of  corporations  created  under 
the  laws  of  any  of  the  New  England  states,  and  the  notes  of 
individuals,  with  a  sufficient  pledge  as  collateral  of  any  of 
the  aforesaid  securities ;  but  all  real  estate  acquired  by  fore-  P'^^^*'!'^^®  *^ 
closure  of  mortgage,  or  by  levy  of  execution,  shall  be  sold  iic  auction?"  ' 
by  public  auction  within  two  years  after  such  foreclosure  or 
levy. 

Section  2.     Said  corporation  shall  semi-annually  make  a  To  make  return 

.  ,      ,^  •      •  n  •  1  ■       1       •       J 1  •     ri  to  commission- 

return  to  the  commissioner  oi  savings  banks  in  tins  Common-  er  of  savings 
wealth  on  or  before  the  second  Mondays  of  May  and  Novem-  '''^'^'^*- 
ber,  which  shall  be  signed  and  sworn  to  by  a  majority  of  its 
board  of  directors ;  and  said  return  shall  specify  the  follow- 
ing, namely  :  capital  stock ;  amount  of  all  moneys  and  prop- 
erty in  detail  in  the  possession  or  charge  of  said  company  as 
deposits  ;  trust  funds  or  for  purposes  of  investment ;  number 
of  depositors  ;  investments  in  authorized  loans  of  the  United 
States  or  any  of  the  New  England  states,  or  cities  or  towns, 
stating  amount  in  each ;  invested  in  bank  stock,  stating 
amount  in  each  ;  invested  in  railroad  stock,  stating  amount 
in  each  ;  invested  in  railroad  bonds,  stating  amount  in  each  ; 
loans  on  the  notes  of  corporations  ;  loans  on  notes  of  indi- 
viduals ;  loans  on  mortgage  of  real  estate ;  cash  on  hand ; 
rate,  amount  and  date  of  dividends  since  last  return  ;  and 
the  commissioner  of  savings  banks  shall  have  access  to  the 
vaults,  books  and  papers  of  the  company,  and  it  shall  be  his 


24 


1870.— Chapters  23,  24. 


Repeal. 


Chap.  23. 

Corporators. 


May  construct 
a  dike  in  Salis- 
bury. 


To  provide  a 
landing  place. 


Powers  and  du- 
ties. 


Chap.  24, 


Corporators. 


Name. 


Powers  and  du- 
ties. 


duty  to  inspect,  examine  and  inquire  into  its  affairs,  and  to 
take  proceedings  in  regard  to  them  in  the  same  manner,  and 
to  the  same  extent,  as  if  this  corporation  were  a  savings 
bank,  subject  to  all  the  general  laws  which  now  are,  or  here- 
after may  be  in  force,  relating  to  such  institutions  in  this 
regard. 

Section  3.  Sections  four  and  five  of  chapter  two  hundred 
and  ninety-six  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-nine,  incorporating  the  Worcester  Safe  Deposit  and 
Trust  Company  are  hereby  repealed.  • 

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

Approved  February  IQ,  1870. 

An  Act  to  authorize  the  proprietors  of  certain  tide  meadows 
in  salisbury  to  protect  the  same  from  overflow. 

Be  it  enacted,  §t.,  as  follows  : 

Section  1.  William  Gushing,  William  S.  Pettengill,  Lewis 
Greenleaf,  their  associates,  successors  and  assigns,  proprietors 
of  tide  meadows  in  the  town  of  Salisbury,  situated  on  the 
south-easterly  side  of  the  Eastern  Railroad,  are  authorized 
and  empowered  to  construct  a  dike  or  embankment,  or  tide- 
gates,  at  the  intersection  of  the  said  railroad  with  the  town 
creek,  so  called,  for  the  purpose  of  improving  the  said  mead- 
ows, and  protecting  them  against  overflow  by  the  tide  in  the 
Merrhnack  River  and  in  said  creek. 

Section  2.  The  said  proprietors,  in  case  they  shall  con- 
struct such  dike  or  embankment,  or  tide-gates,  as  aforesaid, 
shall  provide,  for  all  persons  entitled  by  law  to  use  the  said 
creek,  a  landing  place  on  the  north-westerly  side  of  the  said 
railroad. 

Section  3.  The  said  proprietors  may  manage  their  affairs 
as  proprietors  of  general  fields,  and  as  such  shall  have  all 
the  powers  and  be  subject  to  all  the  duties  and  liabilities  con- 
ferred and  imposed  on  the  proprietors  of  general  fields  by  the 
sixty-seventh  chapter  of  the  General  Statutes. 

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

Approved  February  17,  1870. 
Ax  Act  to  incorporate  the  north  end  savings  bank  in  the 

CITY    of   boston. 

Be  it  enacted,  Sj-c,  as  follows  : 

Section  1.  John  H.  Reed,  Charles  Amory,  Robert  Marsh, 
their  associates  and  successors,  are  hereby  made  a  corporation 
by  the  name  of  the  North  End  Savings  Bank,  to  be  located 
northerly  of  Friend  street,  in  the  city  of  Boston  ;  with  all  the 
powers  and  privileges,  and  subject  to  all  the  liabilities  and 
restrictions  set  forth  in  all  general  laws,  which  now  are,  or 


1870.— Chapters  25,  26,  27.  25 

may  be  in  force  in  this  Commonwealth,  relative  to  institu- 
tions for  savings. 

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

Approved  February  17,  1870- 
An  Act  to  increase  the  capital  stock  of  the  American  watch  Chap.   25. 

COMPANY. 

Be  it  enacted,  ^'c,  as  follows  : 

Section  1.     The  American  Watch  Company,  in  the  town  $700,000  addi- 

n  TTT    11  .  • .  • ,    1      i       1     .  L        L  tional  capital 

of  Waltham,  may  increase  its  capital  stock  to  an  amount  not  stock, 
exceeding  seven  hundred  thousand  dollars,  in  addition  to  the 
amount  now  allowed  by  law ;  the  same  to  be  divided  into 
shares  of  one  hundred  dollars  each. 

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

Approved  February  17,  1870. 
An  Act  to  authorize  the  construction  op  a  bridge  over  green  Chan.    26. 

HARBOR  RIVER,  IN  MARSHFIELD. 

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

Section  1.    The  county  commissioners  of  Plymouth  county  May  bmid 

•^  *>  */    DriQfirB  over 

are  hereby  authorized  to  construct  a  bridge,  with  a  suitable  Green  Harbor 
draw  to  accommodate  navigation,  over  Green  Harbor  River,  MarTiifieid. 
in  Marshfield,  at  a  point  not  less  than  two  thousand  feet  above 
the  mouth  of  said  river. 
Section  2,     This  act  shall  take  effect  upon  its  passage. 

Approved  February  19,  1870. 
An  Act  to  amend  an  act  to  incorporate  the  boston  dental  Chap.   27. 

COLLEGE.  "* 

Be  it  enacted,  §"c.,  as  follows  : 

Section  1,     The  trustees  of  the  Boston  Dental  College  Degree  of  doc- 
shall  have  authority  to  confer  the  degree  of  doctor  of  dental  surgery  may  be 
surgery  upon  candidates  therefor  of  adult  age  and  of  good  cer/ahl^^coixdi"'^ 
moral  character,  who  have  pursued  their  professional  studies  ^^°'^^- 
three  years  under  competent  instructors,  and  have  attended 
two  full  courses  of  lectures  in  the  college  :   provided,  that  a  Proviso, 
certificate  of  attendance  upon  one  course  of  lectures  in  any 
respectable  dental  or  medical  college,  or  five  years'  reputable 
practice  may  be  considered  a  substitute  for  the  first  course  of 
lectures  hereby  required  ;  and  provided,  further,  that  candi- 
dates shall  maintain  a  thesis  and  undergo  an  examination  to 
the  satisfaction  of  the  faculty,  and  satisfy  the  professors  of 
operative  and  mechanical  dentistry  of  their  ability  to  meet 
satisfactorily  the  requirements  of  their  art. 

Section  2.     Section   four  of  chapter  two   hundred  and  Repeal 
seventy-five  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-eight  is  hereby  repealed. 

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

4  Approved  February  19,  1870. 


26 


1870.— Chapters   28,  29,  30,  31. 


Chap.  28. 


1869,  92,  §  1, 
amended. 


Chap.  29. 


May  reduce 
capital  stock. 


Chap.  30. 


May  reduce 
capital  stock. 


Chap.  31. 


Corporators. 


Name  and  pur- 
pose. 

Powers  and  du- 
ties. 


Capital  stock 
and  shares. 


An  Act  to  amend  an  act  concerning  the  appointment  of  men 

FOR    hose-carriages. 
Be  it  enacted,  Sfc,  as  follows  : 

Section  1.  Section  one  of  chapter  ninety-two  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-nine  is  hereby  amended 
by  inserting  the  words  "or  reservoirs"  immediately  after  the 
word  "hydrants." 

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

Approved  February  19, 1870. 

An  Act  to  authorize  the  Northampton  and  Williamsburg 
street  railway  company  to  reduce  the  amount  of  its  capi- 
tal stock. 

Be  it  enacted,  ^'c,  as  follows : 

Section  1.     The  Northampton  and  Williamsburg  Street 

Railway  Company  is  hereby  authorized  to  reduce  its  capital 

stock  to  one  hundred  thousand  dollars. 

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

Approved  February  21,  1870. 


An  Act  authorizing  the  albany  street  freight  railway  com- 
pany to  reduce  its  capital  stock. 
Be  it  enacted,  §'c.,  as  folloios  : 

Section  1.  The  Albany  Street  Freight  Railway  Company 
is  hereby  authorized  to  reduce  its  capital  stock  to  seventy- 
five  thousand  dollars. 

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

Approved  February  21,  1870. 

An  Act  to  incorporate  the  Lawrence  fire  insurance  company 

OF  boston. 
Be  it  enacted,  Sfc,  as  folloios : 

Section  1.  William  Perkins,  Joseph  B.  Glover,  Charles 
L.  Young,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Lawrence  Fire  Insurance 
Company  of  Boston,  to  be  located  in  the  city  of  Boston,  for 
the  purpose  of  making  insurances  against  losses  by  fire  ;  with 
all  the  powers  and  privileges,  and  subject  to  all  the  duties, 
liabilities  and  restrictions  set  forth  in  all  general  laws  which 
now  are  or  hereafter  may  be  in  force  relating  to  such  corpo- 
rations. 

Section  2.  Said  corporation  shall  have  a  capital  stock  of 
two  hundred  thousand  dollars,  divided  into  shares  of  one 
hundred  dollars  each ;  and  shall  have  the  right  to  increase 
the  same,  from  time  to  time,  to  an  amount  not  exceeding  three 
hundred  thousand  dollars  :  provided,  the  amount  of  such  in- 
crease be  paid  in  in  cash,  within  three  years  from  the  date 
of  this  act. 


1870.— Chapters  32,  33,  34.  27 

Section  3.     Said    corporation   may  commence  business,  J^^^™^/ 
when  two  hundred  thousand  dollars  shall  have  been  sub-  business, 
scribed  and  paid  in  in  cash. 

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

Approved  February  22,  1870. 
An  Act  to  revive  the  merchants'  bank  of  lowell  for  certain  ChctV.   32. 

PURPOSES. 

Be  it  enacted,  ^-c,  as  follows  : 

Section  1.     The  existence  of  the  corporation  heretofore  charter  revived 
known  as  the  President,  Directors  and  Company  of  the  Mer-  of'^conveymg^^ 
chants'  Bank,  and  located  in  Lowell,  is  hereby  revived  and  real  estate, 
continued  for  the  purpose  of  enabling  the  president  and  direc- 
tors of  said  Mercliants'  Bank,  at  the  time  when  the  same  be- 
came an  association  for  carrying  on  the  business  of  banking 
under  the  laws  of  the  United  States,  to  convey,  assign  and 
transfer  to  the  Merchants'  National  Bank  of  Lowell  any  real 
estate  or  interests  therein  of  said  Merchants'  Bank,  and  for 
no  other  purpose  whatever. 

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

Approved  February  22,  1870. 
An  Act  to  authorize  the  Suffolk  savings  bank,  for  seamen  (Jfidj)^   33^ 

AND  others,  to  HOLD  ADDITIONAL  REAL  ESTATE.  •*   * 

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

Section  1.     The  Suffolk  Savings  Bank,  for  Seamen  and  S°r°eli^S: 
others,  is  hereby  authorized  to  hold  real  estate  to  the  amount  tate. 
of  one  hundred  thousand  dollars,  in  addition  to  the  amount 
now  authorized  by  law :  provided,  that  no  part  of  said  amount  Proviso, 
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  February  22,  1870. 
An  Act  TO  INCORPORATE  THE  NATIONAL  GLASS  INSURANCE  company.    Ckcip.     34. 

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

Section  1.     Charles  S.  Homer,  John  P.  Palmer,  Abram  S.  corporators. 
French,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  National  Glass  Lisurance  Name  and  pur- 
Company,  in  the  city  of  Boston,  for  the  purpose  of  making  p°^^- 
insurances  against  the  breaking  of  plate  and  other  glass  or 
mirrors;  with  all  the  powers  and  privileges,  and  subject  to  Powers  and  du- 
all  the  duties,  restrictions  and  liabilities  set  forth  in  all  gen-  *^^^' 
eral  laws  which  now  are  or  hereafter  may  be  in  force  relating 
to  fire  insurance  corporations. 


28  1870.— Chapter   35. 

May  issue  poii-      SECTION  2.     Said  Corporation  is  authorized  to  make  and 

cies  upon  con-      .  ,..„.  ^  -.i  i  i, 

ditions  agreed    issue  policies  01  msuranco  against  loss  or  damage  caused  by 

^^°^'  tlie  breaking  of  plate  and  other  glass  or  mirrors,  upon  such 

rates  and  conditions  as  may  be  specified  in  the  agreement  or 
policy  of  insurance  between  the  said  corporation  and  the  re- 
spective parties  obtaining  such  insurance. 

anffares"^  SECTION  3.  Said  Corporation  shall  have  a  capital  stock  of 
one  hundred  thousand  dollars,  to  be  divided  into  shares,  the 

When  may        par  valuc  of  whicli  shall  be  one  hundred  dollars  each  ;  and 

commence busi-  ^  ,        .  ,  ncL      J.^  j     j    ii  r   -i. 

ness.  may  commence  busuiess  when  nity  tliousand  dollars  of  its 

capital  stock  shall  have  been  subscribed  for  and  paid  in  in 
cash;  and  the  balance  of  said  one  hundred  thousand  dollars 
shall  be  paid  in  within  one  year  from  the  time  when  said  cor- 
poration shall  commence  business. 

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

Approved  February  22,  1870. 

Chap,    35.  ■^'^  ^^"^   '^^   INCORPORATE   THE   TOWN   OF   NORFOLK. 

Be  it  enacted,  Sfc,  as  follows  : 
towns°o7^°  Section  1.     All  the  territory  now  within  the  towns  of 

Wrentham,  Wrcntham,  Franklin,  Medway  and  Walpole,  in  the  county  of 
way\ndVat'  Norfolk,  compriscd  within  the  following  limits,  that  is  to  say: 
as'townofNor^  beginning  at  a  point  on  Charles  River,  in  the  north-west  angle 
folk.  of  Wrentham,  and  following  in  an  easterly  course  the  present 

line  of  division  between  Wrentham  and  Medfield  to  Stop 
River ;  thence  running  southerly  along  said  river,  and  sepa- 
rated by  the  thread  of  its  stream  from  Walpole,  to  a  point 
forty  rods  north  of  the  mouth  of  the  first  brook  running  into 
said  river,  below  Campbell's  Mills,  on  the  easterly  side ;  thence 
from  said  point,  by  a  straight  line,  running  to  the  junction 
of  Back  and  Bird  streets,  in  Walpole  ;  thence  to  the  easterly 
side  of  said  Bird  street  to  its  junction  with  West  street; 
thence  westerly  by  the  northerly  side  of  West  street,  twenty- 
five  rods  ;  thence  southerly  and  near  to  and  westerly  from  the 
barn  belonging  to  the  home  estate  of  Charles  Bird,  until  said 
line  strikes  Stop  River,  one  hundred  and  twenty  rods  south- 
erly from  West  street ;  thence  along  said  river  as  far  as 
Wrentham  and  Walpole  are  separated  by  the  thread  of  its 
stream ;  thence  by  a  straight  line,  running  westerly  of  the 
Walpole  almshouse  and  easterly  of  the  farm  buildings  of 
Patrick  Reardon,  and  easterly  of  the  Dupee  Blake  place,  so 
called,  to  a  point  on  the  line  between  Walpole  aud  Foxbor- 
ough,  one  hundred  and  twenty-five  rods  north-easterly  from 
Dedham  Rock  ;  thence  from  said  point,  following  the  present 
line  of  division,  between  Wrentham  and  Foxborough,  to  Ded- 
ham Rock ;  thence  southerly  from  said  rock  along  the  pres- 


1870.— Chapter  35.  29 

ent  line  of  Wrentham  and  Foxborough  to  a  point  on  said  line 
on  the  southerly  side  of  Pine  street ;  thence  by  a  straight  line 
to  a  point  on  the  westerly  side  of  Everett  street,  northerly  of 
the  house  of  Edmund  T.  Everett,  and  southerly  of  the  Pond- 
ville  cemetery,  to  a  point  on  the  westerly  side  of  North  street, 
jfive  rods  southerly  of  the  farm  buildings  of  Samuel  J.  Benn ; 
thence  through  the  Stony  Brook  reservoir,  near  to  the  house 
of  E.  S.  Nash,  to  a  point  on  the  line  between  Franklin  and 
Wrentham,  ninety  rods  southerly  of  the  house  late  of  Eliph- 
alet  Lawrence  ;  thence  running  northerly,  by  a  straight  line, 
near  to  and  west  of  the  farm  buildings  of  the  home  estate  of 
J.  E,  Pollard,  near  the  Elliot  Felting  Mills,  near  to  and  thir- 
ty-five rods  west  of  the  present  residence  of  Saul  B.  Scott,  to 
the  southern  extremity  of  Populatic  Pond  ;  thence  along  the 
western  shore  of  said  pond,  at  low-water  mark,  to  Charles 
River;  thence  in  an  easterly  course  upon  Charles  River,  and 
separated  by  the  thread  of  its  stream  from  Med  way  to  the 
centre  of  the  iron  bridge  over  said  river ;  thence  upon  the 
thread  of  said  river  to  the  bridge  of  the  Med  way  branch  rail- 
road ;  thence  along  the  southerly  side  of  said  railroad,  twenty- 
eight  rods,  to  a  point ;  thence  from  said  point,  by  a  straight 
line  running  in  a  north-easterly  course,  passing  south-easterly 
of  and  near  to  the  village  of  Deanville,  near  to  and  south  of 
the  old  barn  belonging  to  John  Barber,  to  a  point  on  Balti- 
more street,  two  rods  from  said  barn  ;  thence  by  a  straight 
line  to  the  easterly  side  of  the  great  bend  in  Charles  River 
and  near  the  old  fording  place ;  tlience  upon  said  river,  and 
separated  by  the  thread  of  its  stream,  from  Medway  to  the 
point  of  beginning ; — is  hereby  incorporated  into  a  town  by 
the  name  of  Norfolk;  and  said  town  of  Norfolk  is  hereby  Powers  and  du- 
invested  with  all  the  powers,  privileges,  rights  and  immuni- 
ties, and  is  subject  to  all  the  duties  and  requisitions  to  which 
other  towns  are  entitled  and  subjected  by  the  constitution 
and  laws  of  this  Commonwealth. 

Section  2.     The  inhabitants  of  said  town  of  Norfolk  shall  Ifa'^fandToun- 
be  holden  to  pay  all  arrears  of  taxes,  which  have  been  legally  "^y-.''^^  *"^  ^^ 
assessed  upon  them  by  the  towns  of  Wrentham,  Franklin,  ^^^  ' 
Medway  and  Walpole,  respectively ;  and  all  taxes  heretofore 
assessed  and  not  collected,  shall  be  collected  and  paid  to  the 
treasurers  of  the  towns  of  Wrentham,  Franklin,  Medway  and 
Walpole,  respectively,  in  the  same  manner  as  if  this  act  had 
not  been  passed  ;  and  until  the  next  general  valuation  of  es- 
tates in  this  Commonwealth,  the  town  of  Norfolk  shall  annu- 
ally pay  over  to  the  said  towns  of  Wrentham,  Franklin,  Med- 
way and  Walpole,  respectively,  the  proportion  of  any  state  or 
county  tax  which  the  said  towns  of  Wrentham,  Franklin, 


30 


1870.— Chapter'  35. 


Maintenance  of 
paupers. 


School-houses, 
town  debts,  &c. 


Representa- 
tives to  the  gen- 
eral court. 


Medway  and  Walpole,  respectively,  may  be  required  to  pay, 
upon  the  inhabitants  or  estates  hereby  set  off;  said  propor- 
tion to  be  ascertained  and  determined  by  the  respective  val- 
uations of  the  said  towns  of  Wrentham,  Franklin,  Medway 
and  Walpole,  next  preceding  the  passage  of  this  act. 

Section  3.  Said  towns  of  Wrentham,  Franklin,  Medway, 
Walpole  and  Norfolk,  shall  be  respectively  liable  for  the  sup- 
port of  all  persons  who  now  do,  or  shall  hereafter  stand  in 
need  of  relief  as  paupers,  whose  settlement  was  gained  by  or 
derived  from  a  settlement  gained  or  derived  within  their  re- 
spective limits. 

Section  4.  The  towns  of  Wrentham,  Franklin,  Medway, 
Walpole  and  Norfolk  shall  retain  the  school-houses  within 
their  respective  limits,  and  the  town  of  Norfolk  shall  assume 
and  pay  its  just  and  equitable  proportions,  according  to  its 
present  assessed  valuation,  of  any  debt  due  or  owing  from 
the  towns  of  Wrentham  and  Franklin,  respectively,  at  the 
time  of  the  passage  of  tliis  act,  and  shall  be  entitled  to  re- 
ceive from  said  towns,  respectively,  its  just  and  equitable 
proportion,  according  to  said  assessed  valuation,  of  all  the 
corporate  property  then  owned  by  said  towns  of  Wrentham 
and  Franklin,  respectively,  including  therein  the  school- 
houses  retained  by  said  Wrentham,  Franklin  and  Norfolk, 
respectively  ;  and  said  town  of  Norfolk  shall  be  held  to  refund 
to  said  towns  of  Wrentham  and  Franklin,  respectively,  its 
just  proportion  of  the  surplus  revenue,  whenever  the  same 
shall  be  called  for  according  to  law ;  such  proportion  to  be 
determined  by  the  decennial  state  valuation  next  preceding 
such  call.  And  in  case  the  proportions  aforesaid  cannot  be 
agreed  upon  by  said  towns  of  Norfolk,  Wrentham  and  Frank- 
lin, respectively,  the  same  shall  be  determined  by  three  com- 
missioners, to  be  appointed  by  the  superior  court  for  said 
county  of  Norfolk,  upon  a  petition  of  either  of  said  towns. 

Section  5.  The  territory  of  the  town  of  Norfolk,  hereto- 
fore part  of  the  towns  of  Franklin  and  Walpole,  for  the  pur- 
pose of  electing  representatives  to  the  general  court  until  the 
next  decennial  census,  or  until  another  apportionment  be 
made,  shall  remain  a  part  of  said  towns  of  Franklin  and 
Walpole,  respectively,  and  vote  therefor  at  such  places,  re- 
spectively, as  the  said  towns  shall  vote ;  and  the  selectmen 
of  Norfolk  shall  make  a  true  list  of  all  persons  within  their 
town,  qualified  to  vote  at  every  such  election,  and  shall  post 
up  the  same  in  said  town  of  Norfolk,  and  shall  correct  the 
same  as  required  by  law,  and  shall  deliver  a  true  list  of  all 
such  voters  as  are  entitled  to  vote  in  said  towns  of  Franklin 


1870.— Chapter  36.  31 

and  Walpole,  respectively,  to  the  selectmen  thereof,  seven 
days  at  least  before  such  election,  to  be  used  thereat. 

And  the  territory  of  the  town  of  Norfolk,  heretofore  part 
of  the  towns  of  Wrentham  and  Medway,  until  another  ap- 
portionment be  made,  shall,  for  the  purpose  of  electing  rep- 
resentatives to  the  general  court,  remain  a  part  of  the  twelfth 
Norfolk  representative  district,  and  vote  for  the  same  in  the 
town  of  Norfolk  ;  and  the  clerk  of  the  town  of  Norfolk  shall 
make  returns  and  meet  with  the  clerks  of  the  towns  of  Fox- 
borough,  Medway  and  Wrentham  for  the  purpose  of  ascer-    • 
taining  the  result  of  the  election  and  making  certificates  of 
the  same  at  the  time  and  placanow  provided  for  said  meeting 
by  law;  and  the  territory  of  said  town  of  Norfolk,  until  le-  congressional, 
gaily  changed,  shall,  for  the  purpose  of  electing  a  represent-  senatorMdis- 
ative  in  congress,  continue  to  be  part  of  congressional  district  *"*^*' 
numbered  eight :  and  for  the  purpose  of  electing  a  council- 
lor, part  of  the  second  councillor  district ;  and  for  the  pur- 
pose of  electing  a  senator,  a  part  of  the  third  Norfolk  district. 

Section  6.     Any  iustice  of  the  peace  within  and  for  the  Meetingfor 

-^  cnoic6  01  town 

county  of  Norfolk,  may  issue  his  warrant,  directed  to  any  officers. 
principal  inhabitant  of  the  town  of  Norfolk,  requiring  him 
to  notify  and  warn  the  inhabitants  thereof,  qualified  to  vote 
in  town  affairs,  to  meet  at  the  time  and  place  appointed  for 
the  purpose  of  choosing  all  such  town  officers  as  towns  are 
by  law  authorized  and  required  to  choose  at  their  annual 
meetings ;  and  said  warrant  shall  be  served  by  posting  up 
copies  thereof,  attested  by  the  person  to  whom  the  same  is 
directed,  in  three  public  places  in  said  town,  seven  days  at 
least  before  such  meeting.  Such  justice,  or,  in  his  absence, 
such  principal  inhabitant,  shall  preside  until  the  choice  of 
moderator  in  said  meeting.  The  selectmen  of  the  towns  of  selectmen  to 
Wrentham,  Franklin,  Medway  and  Walpole  shall,  before  said  voters'^.*' 
meeting,  prepare  a  list  of  voters  from  their  respective  towns 
within  said  Norfolk,  qualified  to  vote  at  said  meeting,  and 
shall  deliver  the  same  to  the  person  presiding  at  said  meeting 
before  the  choice  of  a  moderator  thereof. 

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

Approved  February  23,  1870. 

An  Act  to  incorporate  the  cape  cod  ship  canal  company.     Chop.   36. 
Be  it  enacted,  Sj-c,  as  follows  : 

Section  1.     Alpheus  Hardy,  Thomas  Russell,  Henry  H.  Corporators. 
Sturgis,  Charles  Allen,  James  Hoy,  Arthur  G.  Bradbury, 
William  H.  Jackson,   Albert  B.    Steinberger,   William  R. 
Hynes,  Rufus  Ingalls  and  Charles  A.  Secor,  their  associates 
and  successors,  are  hereby  made  a  corporation,  by  the  name  Name. 


32  •.  1870.— Chapter  36. 

Powers  and  du-  of  the  Cape  Cod  Ship  Canal  Company;  with  all  the  privi- 
leges, and  subject  to  all  the  duties,  restrictions  and  liabilities 
set  forth  in  all  general  laws  which  now  are  qr  may  hereafter 
be  in  force  relating  to  railway  corporations,  so  far  as  they 
may  be  applicable,  except  as  hereinafter  provided. 

May  construct        SECTION  2.     Said  Corporation  mav  locatc,  construct,  main- 

a  ship  canal,  ,.^,,.*'.  '  '. 

tain  and  operate  a  snip  canal,  beginning  at  some  convenient 
point  in  Buzzard's  Bay,  and  running  through  the  town  of 
Sandwich  to  some  convenient  point  in  Barnstable  Bay ;  to- 
gether with  all  such  breakwaters,  wharves,  docks,  locks,  gates 
and  other  structures  and  works  as  may  be  necessary  for  the 
convenient  using  of  said  canal ;  and  in  connection  therewith 
may  maintain  and  operate  steam  tugs,  or  use  any  other  suit- 
able means  or  methods  for  assisting  vessels  in  their  approach 
to  and  passage  througli  and  from  the  canal. 
Width  of  canal,      SECTION  3.     Said  Corporation  may  layout  its  canal  not 
'     ■      exceeding  one  thousand  feet  wide,  and  shall  file  the  location 
thereof  within  one  year  with  the  county  commissioners  of 
Barnstable  County,  defining  the  courses,  distances  and  boun- 
daries thereof;  and  said  canal  shall  be  commenced  within, 
two  years,  and  shall  be  completed  within  seven  years  from  the 
passage  of  this  act. 
May  take  land,      SECTION  4.     Said  Corporation  may  purchase  or  otherwise 
^^'  take  land  or  materials  necessary  for  making  or  securing  its 

canal,  and  for  breakwaters,  docks,  wharves,  locks,  gates  or 
Damages  to  be  other  structures  and  works  referred  to  in  section  two.  If 
coun™ TOmmis-  uot  able  to  obtain  such  land  or  materials  by  agreement  with 
Bioners.  ^^xq  owucr,  it  shall  pay  such  damages  therefor  as  the  county 

commissioners  estimate  and  determine, 
—to  be  estima-      SECTION  5.     Said  Corporation  shall  pay  all  damages  occa- 

mated  as  in  lay-     .  -,  i       -,       •  \  ^  •  i  •     ,    •     •  ■  i 

ing  out  high-     Rioucd  by  laying  out  and  making  and  maintaining  its  canal, 
^**^^'  or  by  taking  any  land  or  materials,  as  provided  in  section 

four  ;  and  such  damages  shall,  upon  the  application  of  either 
party,  be  estimated  by  the  county  commissioners,  in  the 
manner  provided  in  laying  out  highways  ;  and  the  residence 
of  one  of  said  commissioners  in  the  town  of  Sandwich  shall 
not  disqualify  him  from  acting  under  the  provisions  of  this 
act ;  and  when  it  is  intended  to  take  land  or  materials,  appli- 
cation may  be  made  before  the  actual  taking  or  appropri- 
ation thereof, 
grievldma'y  SECTION  6.     Either  party,  if  dissatisfied  with  the  estimate 

apply  for  a  jury,  made  by  the  commissioners,  may  at  any  time  within  one  year 
after  it  is  completed  and  returned,  apply  for  a  jury  to  assess 
the  damages.  Upon  such  application,  the  prevailing  party 
shall  recover  legal  costs,  and  the  proceedings  thereon  shall 


1870— Chapter  36.  33 

be  the  same  as  is  provided  for  the  recovery  of  damages  in 
the  laying  out  of  highways. 

Section  7.    The  provisions  relating  to  railways,  contained  General  provis- 
in  the  General  Statutes,  chapter  sixty-three,  sections  twenty-  railways  toap- 
four  to  thirty-five  inclusive,  and  thirty-eight  to  forty-five  in-  ^^^' 
elusive,  shall  also  extend  to  said  corporation,  so  far  as  appli- 
cable. 

Section  8.     It  shall  be  the  duty  of  the  Cape  Cod  Railroad  capeCodKaii- 

_,  ii-i-  !•!  1   road  to  cross 

Company  so  to  alter  their  location  as  to  cross  the  said  canal  canal  but  once, 
but  once,  which  crossing  shall  be  at  a  point  to  be  fixed  by 
the  railroad  commissioners,  in  case  the  railroad  company  and 
canal  company  do  not  agree  upon  the  same,  which  they  are 
hereby  authorized  to  do ;  and  in  making  said  alteration  they 
shall  have  all  the  powers  and  privileges,  and  be  subject  to  all 
the  duties,  restrictions  and  liabilities  set  forth  in  all  general 
laws  relating  to  railroads.     And  the  Cape  Cod  Ship  Canal 
Company  shall  thereupon  proceed  to  build  the  railroad  upon 
the  new  location,  and  complete  the  same  in  such  manner  and 
at  such  time  as  may  be  prescribed  by  the  railroad  commis- 
sioners, and  to  their  satisfaction,  in  case  the  parties  do  not 
agree  upon  the  same ;  and  shall  pay  all  damages  caused  by 
the  construction  of  said  railroad  on  such  new  location,  and 
shall  be  liable  for  such  damages  as  in  case  of  the  construc- 
tion of  railroads.     And  the  Cape  Cod  Ship  Canal  Company  Bridge  to  be 
shall  also  build  and  maintain  a  bridge  across  said  canal,  suit-  canai  compa- 
able  for  the  passing  of  the  railroad,  and  also  for  the  passing  ^^• 
of  the  highway,  at  the  point  fixed  upon  as  above  provided, 
which  said  bridge  shall  have  a  suitable  draw  for  the  passage 
of  vessels;  and  said  canal  company  shall  also  provide  for  such  superintendent 
drawbridge  a  steady  and  discreet  superintendent,  experienced  **    "  ^^' 
in  the  management  of  vessels,  who  shall  have  full  control  and 
direction  of  the  passing  of  vessels  through  the  draw.     And 
railroad  passenger  trains  shall  have  precedence  over  vessels, 
when  there  is  occasion  for  such  trains  to  pass  said  bridge. 

Section  9.     The  Cape  Cod  Railroad  Company  shall  have  Location  of  raii- 
its  location,  not  exceeding  five  rods  in  width,  upon  any  land  bridge  on'^each** 
owned  or  located  upon  by  said  canal  company,  up  to  the  said  ®''*®' 
bridge,  on  each  side  thereof:  provided,  that  all  reasonable  use  Proviso.  • 
of  said  location  by  the  canal  company,  for  the  purpose  of  op- 
erating their  canal,  and  under  the  direction  of  the  railroad 
commissioners,  shall  be  permitted  by  the  railroad  company, 
without  payment  of  rent  to  the  railroad  company. 

Section  10.    The  Cape  Cod  Railroad  Company  shall,  upon  Railroad  to  pay 
the  completion  and  acceptance  by  the  railroad  commissioners  teriafs'^'vaiue'fo 


of  the  newly  constructed  railroad  and  bridge,  as  above  pro-  ^y  commission 


:  determined 

vided,  allow  and  pay  to  the  Cape  Cod  Ship  Canal  Company  era. 


34 


1870.— Chapter  36. 


Penalty  for  ob- 
structiug  super- 
intendent of 
bridge. 


-—for  defacing 
the  bridge,  ob- 
structing draw, 
&c. 


-^for  disturbing 
or  hindering 
superintendent. 


General  provis- 
ions relating  to 
drawbridges  to 
apply. 


Ferry  at  North 
Sandwich. 


Highways  to 
connect  with 
bridge. 


the  value  of  such  iron  and  other  materials  as  may  remain 
upon  that  portion  of  the  line  of  said  railroad  which  is  to  be 
given  up ;  such  value  to  be  determined  by  the  railroad  com- 
missioners, in  case  the  parties  do  not  agree  upon  the  same. 
And  the  said  canal  company  shall  thereafter  take  and  own 
the  land  upon  that  portion  of  the  line  of  the  railroad  which 
is  to  be  given  up. 

Section  11.  Wlioever  obstructs  the  superintendent  of  the 
drawbridge,  provided  for  in  section  eight,  in  the  performance 
of  his  duties,  shall  pay  a  fine  of  not  less  than  three  nor  more 
than  fifty  dollars. 

Section  12.  Whoever  breaks,  defaces  or  impairs  said 
bridge,  or  any  wharf  or  pier  appurtenant  thereto,  or  un- 
necessarily opens  or  obstructs  the  draw  without  the  consent 
of  the  superintendent,  or,  without  such  consent,  makes  fast 
or  moors  any  scow,  raft  or  other  vessel  to  said  bridge  within 
wake  of  the  draw,  shall  pay  a  fine  of  not  less  than  three  nor 
more  than  fifty  dollars. 

Section  13.  Whoever  wilfully  injures  or  damages  said 
bridge,  wharf  or  pier,  or  wilfully  disturbs  or  hinders  the 
superintendent  in  the  discharge  of  his  duties,  shall  forfeit 
for  each  offence  a  sum  not  exceeding  one  hundred  dollars, 
and  be  further  liable  in  damages  to  the  Cape  Cod  Ship  Canal 
Company. 

Section  14.  The  provisions  relating  to  drawbridges,  con- 
tained in  sections  seventy-four,  seventy-five  and  seventy-six, 
of  chapter  sixty-three  of  the  General  Statutes,  and  in  chapter 
one  hundred  and  thirty-one  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-three,  shall  extend  to  said  bridge,  so  far  as 
applicable.  And  the  same  penalties  and  forfeitures  provided 
in  section  six  of  said  last  named  statute  shall  also  be  in  force 
and  may  be  recovered  of  the  Cape  Cod  Railroad  Company, 
or  any  engineer,  or  any  superintendent  of  said  bridge,  in  like 
manner  as  therein  enacted. 

Section  15.  The  Cape  Cod  Ship  Canal  Company  shall 
provide  and  maintain,  at  North  Sandwich  and  at  West  Sand- 
wich, at  such  point  as  may  be  designated  by  the  railroad  com- 
missioners, a  suitable  ferry  across  their  canal,  for  passengers 
and  teams,  to  be  operated  under  rules  to  be  established  by  the 
railroad  commissioners. 

Section  16.  The  said  canal  company  shall  also  construct 
such  highways,  to  connect  with  the  bridge  provided  for  in 
section  eight  of  this  act,  as  the  railroad  commissioners  shall 
prescribe  ;  not,  however,  exceeding  one-half  mile  in  length, 
upon  each  side  of  the  bridge.  And  after  the  completion  of 
such  highways,  and  their  acceptance  by  the  railroad  commis- 


1870.— Chapter  36.  35 

sioners,  the  said  canal  company  shall  not  be  responsible  in 
any  manner  for  the  further  maintenance  of  the  same. 

Section  17.  The  said  canal  company  shall  also  make  such  Herring  fisher- 
suitable  provision  for  the  continuance  of  the  herring  fishery  ment River, &c. 
in  Monument  River  and  Herring  Pond  as  the  commissioners 
on  inland  fisheries  may  prescribe  ;  and  in  case  of  injury  to 
any  private  fishery,  shall  pay  to  the  owner  thereof  such  dam- 
ages as  shall,  upon  the  application  of  either  party,  be  estima- 
ted by  said  commissioners,  in  a  manner  similar,  so  far  as  may 
be,  to  that  provided  in  laying  out  highways  ;  and  with  a  sim- 
ilar right  of  appeal  to  a  jury,  by  proceedings  like  those  pro- 
vided for  in  section  six. 

Section  18.     Tiie  said  corporation  may  establish,  for  its  toii  upon  ves- 
sole  benefit,  a  toll  upon  all  vessels  or  water  craft,  of  whatever  nai!  "^^"^ '''*' 
description,  whicli  may  use  its  canal,  at  such  rates  as  the  di- 
rectors thereof  may  determine ;  and  may  from  time  to  time 
regulate  such  use  in  all  respects  as  the  directors  may  deter- 
mine.    Said  corporation  shall  also  furnish  towage  through  Towage. 
said  canal  for  all  vessels  or  water  craft  which  require  it ;  for 
which  service  it  may  establish,  for  its  sole  benefit,  a  toll,  at 
such  rates  as  the  directors  thereof  niay  determine. 

Section  19.    Whoever  fraudulently  evades  or  attempts  to  Penalty  for 
evade  the  payment  of  any  toll  lawfully  established  under  sec-  ^^^  ^"^ 
tion  eighteen  of  this  act,  either  by  misrepresenting  the  regis- 
ter or  draught  of  any  vessel  or  otherwise,  shall  pay  a  fine  of 
not  less  than  fifty  nor  more  than  five  hundred  dollars. 

Section  20.  Whoever  wilfully  and  maliciously  obstructs  Penalty  for  ob- 
the  passing  of  any  vessel  or  steam-tug  or  otlier  water  craft  in  sei"  hi"canai. 
said  canal,  or  in  any  way  injures  said  canal,  or  its  banks, 
breakwaters,  docks,  wharves,  locks,  gates  or  other  structures 
or  works,  or  anything  appertaining  thereto,  or  any  materials 
or  implements  for  the  construction  or  use  thereof,  or  aids  or 
abets  in  such  trespass,  shall  forfeit  to  the  use  of  the  corpora- 
tion, for  each  offence,  treble  the  amount  of  damages  proved 
to  have  been  sustained  thereby,  to  be  recovered  in  an  action 
of  tort  in  the  name  of  the  corporation  ;  and  may  further  be 
punished  by  fine  not  exceeding  one  thousand  dollars,  or  im- 
prisonment for  a  term  not  exceeding  one  year. 

Section  21.     The  capital  stock  of  said  corporation  shall  capital  stock 
be  divided  into  shares  of  one  hundred  dollars  each,  and  the 
amount  of  capital  .stock  may  be  fixed  from  time  to  time,  by 
vote  of  the  corporation,  not,  however,  to  exceed  ten  millions 
of  dollars. 

Section  22.    Said  corporation  may,  upon  being  authorized  n,°"f4'^e'^of 
by  a  majority  of  the  votes  at  any  regular  meeting  of  its  stock-  franchise. 
holders,  or  at  a  meeting  called  for  the  purpose,  issue  bonds, 


36 


1870.— Chapters  37,  38. 


Not  required  to 
pay  taxes  for 
two  years,  &c. 


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


Chap 


and  may  secure  the  same  by  a  mortgage  of  its  franchise,  and 
its  real  and  personal  property,  then  owned  or  thereafter  to  be 
acquired,  or  any  part  tliereof.  And  every  such  mortgage 
shall  be  recorded  in  the  registry  of  deeds  for  the  county  of 
Barnstable.  And  in  case  any  such  mortgage  is  executed  to 
trustees,  then  all  bonds  secured  thereby  shall  also  bear  the 
certificate  of  one  or  more  of  the  trustees,  that  the  same  are 
so  secured,  and  that  the  mortgage  has  been  delivered  to  the 
trustees  and  duly  recorded.  And  all  the  provisions  con- 
tained in  sections  one  hundred  and  twenty-four  to  one  hun- 
dred and  twenty-eight,  inclusive,  of  chapter  sixty-three  of  the 
General  Statutes,  shall  extend  to  such  mortgage,  so  far  as 
applicable. 

Section  23.  Said  corporation  shall  not  be  required  to  pay 
any  taxes  to  the  Commonwealth,  until  the  canal  shall  have 
opened  for  use  for  two  years.  And  nothing  herein  contained 
shall  have  the  effect  to  render  said  corporation,  or  the  share- 
holders therein,  liable  to  local  taxation  for  their  property  or 
shares  in  said  corporation  until  the  canal  shall  have  been 
opened  for  use  for  two  years. 

Section  24.  All  things  done  under  this  act  shall  be  sub- 
ject to  the  determination  and  approval  of  the  harbor  commis- 
sioners, as  provided  in  section  four  of  chapter  one  hundred 
and  forty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-six. 

Section  25.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  26,  1870. 

37.   -^^  -^^^  RELATING  TO  PROBATE  COURTS  IN  THE  COUNTY  OF 

PLYMOUTH. 


Court  changed 
from  South 
Scituate  to 
Hanover. 


Be  it  enacted,  S^c,  as  follows  : 

Section  1.  The  probate  court  heretofore  held  at  South 
Scituate,  in  the  county  of  Plymouth,  on  the  fourth  Monday 
of  June  in  each  year,  shall  hereafter  be  held  at  Hanover,  in 
said  county,  on  the  fourth  Monday  of  June  in  each  year  ;  and 
all  processes  and  matters  returnable  to  the  court  at  South 
Scituate,  on  the  fourth  Monday  of  June,  may  be  heard  and 
acted  upon  at  the  court  herein  established. 

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

Approved  February  28,  1870. 

Chan     '^S    -^^  ^^^  ^^  revive  the  framingham  bank  for  certain  purposes. 

Be  it  enacted,  §'c.,  as  follows  : 
Charter  revived      SECTION  1.     The   Corporation   heretofore   known   as   the 
and  convey-"*^    President,    Directors    and    Company    of  the    Framingham 
ance  of  proper-  gg^j^]^^  ^nd  locatcd  iu  Framingham,  is  hereby  revived  and 

continued  for  the  purpose  of  enabling  the  president  and 


1870.— Chapters  39,  40.  37 

directors  of  said  bank,  at  the  time  when  the  same  became 
an  association  for  carrying  on  the  business  of  banking  under 
the  law  of  the  United  States,  to  dispose  of  and  convey  the 
property  of  said  corporation,  and  for  no  other  purpose. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  28, 1870. 

An  Act  to  increase  the  capital  stock  of  the  dwight  manufac-  QJian.   39. 

TURING  company.  ^' 

Be  it  enacted,  ^'c,  as  folloivs  : 

Section  1.     The  Dwight  Manufacturing  Company  is  here-  May  reduce  par 

,  1        •       1  T  1  1  />   ji  1  o  •,     value  of  shares. 

by  authorized  to  reduce  the  par  value  ot  the  shares  ot  its 
capital  stock  heretofore  issued,  to  five  hundred  dollars  each ; 
and  also,  from  time  to  time,  to  issue  additional  shares  of  its  May  issue  acidi- 
stock,  not  exceeding  fifteen  hundred  in  number,  of  the  par 
value  of  five  hundred  dollars  each.     Said  shares  to  be  first 
offered  to  existing  stockholders  in  proportion  to  their  respec- 
tive interests  ;  and  any  shares  not  so  taken  shall  be  disposed 
of  as  the  directors  of  said  corporation  may  determine  :  pro-  No  shares  to  be 
vided,  Jioivever,  that  no  shares  shall  be  issued  until  the  par  value  has  been"^ 
value  tliereof  has  been  actually  paid  in,  in  cash  ;  and  pro-  ^yll^llso. 
vided,  further,  that  no  issue  of  new  stock  shall  be  made  until 
further  authorized  by  a  vote  of  its  stockholders  at  a  meeting 
called  for  that  purpose. 

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

Approved  February  28,  1870. 
An  Act  to   incorporate   the  Worcester  times  printing  and  /^t  _        Ar\ 

PUBLISHING   company.  ^' 

Be  it  enacted,  c^c  ,  as  follows  : 

Section  1.     Charles  B.  Thomas,  Isaac  Davis,  William  A.  corporators. 
Williams,  Edwin  Conant,  Frank  H.  Kelley,  their  associates 
and  successors,  are  hereby  made  a  corporation  by  tlie  name  Name  and  pur- 
of  the  Worcester  Times  Printing  and  Publishing  Company,  ^°''^' 
for  the  purpose  of  printing  and  publishing  newspapers,  books, 
and  doing  all  kinds  of  job  printing,  in  the  city  of  Worcester  ; 
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  may  hereafter  be  in  force  relating  to  such 
corporations. 

Section  2.     The  amount  of  the  capital  stock  of  said  cor-  ^^^^^f  ^*°<'^ 
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  Real  estate. 
forth  to  the  amount  of  thirty  thousand   dollars  :  provided, 
however^  that,  said  corporation  shall  not  go  into  operation  un- 


3B  1870.— Chapters  41,  42,  43. 

til  the  sum  of  twenty  thousand  dollars  has  been  paid  in,  in 
cash. 

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

Approved  February  28,  1870. 

Chan.   41.  -^^  -^^^  '^*^  authorize  the  Massachusetts  baptist  convention 
"'         '  to  hold  additional  real  estate. 

Be  it  enacted,  Sfc,  as  foliates : 
$200,000  in  real  SECTION  1.  The  Massachusetts  Baptist  Convention  is  here- 
by authorized  to  hold  real  estate  to  the  amount  of  two  hun- 
dred thousand  dollars  ;  and  all  income,  arising  from  such  real 
estate,  shall  be  applied  exclusively  to  the  purposes  of  said 
corporation. 

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

Approved  February  28,  1870. 

Chan    42    -^^  ^'^^  '^^  revive  the  Washington  bank,  for  certain  purposes. 
Be  it  enacted,  S)-c.,  as  follows  : 

Charter  revived  SECTION  1.  The  Corporation  heretofore  known  as  the  Pres- 
SVonveyiug '^  idcnt,  Dircctors  and  Company  of  the  Washington  Bank,  and 
real  estate.  located  iu  Boston,  is  hereby  revived  and  continued  for  the 
purpose  of  enabling  the  president  and  directors  of  said  Wash- 
ington Bank  at  the  time  when  the  same  became  an  associa- 
tion for  carrying  on  the  business  of  banking  under  the  laws 
of  the  United  States,  to  convey,  assign  and  transfer  to  the 
Washington  National  Bank  of  said  Boston,  any  real  estate  or 
interests  therein  of  the  said  Washington  Bank,  and  for  no 
other  purpose  whatever. 

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

Approved  March  3,  1870. 


Chap.  43. 


An  Act  in  addition  to  an  act  incorporating  the  Worcester 

COUNTY  free  institute  OF  INDUSTRIAL  SCIENCE. 

Be  it  enacted,  Sfc,  as  follows  : 
May  hold  real        SECTION  1.     The  Worccstor  County  Free  Institute  of  In- 
e"tlt^e''no7ex-    dusti'ial  Scicncc  is  hereby  authorized  to  receive  by  gift,  devise, 
ceeding  $1,000,-  bcqucst  or  otlierwisc,  and  to  hold  for  the  purposes  for  which 

it  was  incorporated,  real  and  personal  estate  to  an  amount 

not  exceeding  one  million  dollars. 
May  confer  de-       SECTION  2.     The  aforcsaid  institute  is  hereby  authorized 
grees.  ^ud  empowered  to  award  and  confer  degrees  appropriate  to 

the  several  courses  of  study  pursued  in  said  institution. 

Approved  March  3,  1870. 


1870.— Chapters  44,  45,  46.  39 

An  Act  to  authorize  the  fraxconia  iron  and  steel  company  QfiQu     ^^ 

TO  CONSTRUCT  A  WHARF  IN  WAREHAM.  ^' 

Be  it  enacted,  ^'c,  as  follows  : 

Section  1.     License  is  hereby  given  to  the  Franconia  Iron  May  construct 
and  Steel  Company,  to  construct  and  maintain   a  wharf  in  bamf  ^"^^"'^ 
line  of  the  south-east  corner  of  the  Parker  Mills  Wharf  in 
Wareham,  to  the  north-east  corner  of  tlie  said  Franconia 
Iron  and  Steel  Company's  wharf  in  said  Wareham  :  provided,  subject  to  con- 
that  all  things  done  under  this  act  shall  be  subject  to  the  commissioners. 
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,  Provisos, 
that  this  license  may  be  revoked  at  any  time,  and   shall 
expire  at  the  end  of  five  years  after  its  taking  eifect,  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  3,  1870. 
An  Act  providing  for  the  distribution  of  the  income  of  the   Qhnv^    45 

MASSACHUSETTS  SCHOOL  FUND.  "' 

Be  it  enacted,  ^'c,  as  folloios  : 

Section  1.     One-half  of  the  annual  income  of  the  Massa-  one-haif  of  in- 
chusetts  school  fund  shall  be  apportioned  and  distributed  for  fund  to  be'dis"  ^ 
the  support  of  public  schools  without  a  specific  appropriation.  [fiJbilc^^choois 
All   money   appropriated    for   other   educational   purposes,  without  specific 

,  xi  •  •  1    J    r        1       -n  i  -A-  4.\       appropriation. 

unless  otherwise  provided  lor  by  the  act  appropriating  the 

same,  shall  be  paid  from  the  other  half  of  said  income.     If  if  income  ex- 

.'  .     t-  J  1  •    X-  xi        '^^''^'^''^  appropri- 

the  income  in  any  year  exceeds  such  appropriations,  the  ations,  surplus 
surplus  shall  be  added  to  the  principal  of  said  fund.  principal  of  *** 

Section  2.     Section  two  of  chapter  thirty-six  of  the  Gen-  Re'Jfeai. 
eral  Statutes  is  hereby  repealed.  Approved  March  4,  1870. 


Chap.  46; 


An  Act  to  extend  the  time  for  the  location  and  construc- 
tion QF  THE   EAST  WALPOLE  BRANCH  RAILOAD. 

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

Section  1.     The  time  for  locating  and  constructing  the  Time  extended 
East  Walpole  Branch    Railroad  is  hereby  extended  to  the  constructifg"""^ 
first  day  of  May,  in  the  year  eighteen  hundred  and  seventy-  '■°''*^- 
two,  and  for  the  extension  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  March  4,  1870. 


40 


1870.— Chapters  47,  48. 


Chap.  47. 


May  contract 
with  South 
Shore  and  Old 
Colony  Rail- 
road Compa- 
nies for  con- 
struction, &c., 
of  its  road. 


South  Shore 
and  Old  Colony 
Eailroad  Com- 
panies may 
hold  $200,000  of 
its  stock. 

Bonds. 


An  Act  concerning  the  duxbury  and  cohasset  railroad  com- 
pany. 

Be  it  enacted,  ^-c,  as  follows  : 

Section  1.  The  Duxbury  and  Cohasset  Railroad  Com- 
pany is  hereby  authorized  to  contract  with  the  South  Shore 
Railroad  Company  and  the  Old  Colony  and  Newport  Railway 
Company,  or  either  of  them,  for  the  construction,  completion 
and  operation  of  its  railroad,  upon  such  terms  as  may  be 
mutually  agreed  upon,  and  may  sell  or  lease  its  railroad, 
franchise,  and  other  property,  with  all  its  rights,  to  either  of 
said  last  named  corporations ;  and  the  corporation  so  pur- 
chasing or  leasing  shall  hold,  possess  and  enjoy  all  the 
powers,  privileges,  rights,  franchise,  property  and  estate 
which  at  the  time  of  such  purchase  or  lease  were  held  and 
enjoyed  by  said  Duxbury  and  Cohasset  Railroad  Company, 
and  be  subject  to  all  the  duties,  restrictions  and  obligation  to 
which  the  last  named  corporation  was  subject. 

Section  2.  The  South  Shore  Railroad  Company  and  tbe 
Old  Colony  and  Newport  Railway  Company,  or  either  of 
them,  may  subscribe  for  and  hold  stock  in  said  Duxbury  and 
Cohasset  Railroad  Company,  to  an  amount  not  exceeding  in 
the  aggregate  two  hundred  thousand  dollars  ;  and  for  the 
purpose  of  paying  for  such  stock,  may  issue  bonds  secured 
by  mortgage  or  otherwise  ;  and  said  Old  Colony  and  Newport 
Railway  Company  is  hereby  authorized  to  endorse  or  guar- 
antee bonds  of  said  South  Shore  Railroad  Company  issued 
for  the  purpose  aforesaid,  upon  such  terms  as  said  corpora- 
tions may  agree. 

Section  3.  The  Duxbury  and  Cohasset  Railroad  Company 
is  hereby  authorized,  when  the  whole  amount  of  its  capital 
stock  sliall  have  been  subscribed  for  by  responsible  parties, 
and  twenty  per  cent,  of  the  par  value  of  each  and  every 
share  thereof  has  been  actually  paid  into  its  treasury,  to 
issue  bonds  to  an  amount  not  exceeding  one  hundred  thou- 
sand dollars,  for  the  completion  of  its  railroad,  and  secure 
the  payment  thereof  by  a  mortgage  of  its  railroad  property, 
franchise  and  rights. 

Section  4.  This  act  shall  take  effect  upon  its  passage,  and 
shall  be  void  unless  accepted  by  the  Duxbury  and  Cohasset 
Railroad  Company  within  one  year  from  the  date  hereof. 

Approved  March  4,  1870. 

Chap.    48.    -^^    -^^^   '^•^   incorporate    the  WEYMOUTH   BRANCH   FREIGHT    RAIL- 

ROAD  COMPANY. 

Be  it  enacted,  <5"e.,  as  follows  : 

Corporators.  SECTION  1.     Isaac  Pratt,  junior,  Nahum  Stetson,  Warren 

G.  Coraey,  their  associates  and  successors,  are  hereby  made 


Bonds  may  be 
issued  not  ex- 
ceeding $100,- 
000. 


Act  to  be  ac- 
cepted within 
one  year. 


1870.— Chapter  49.  41 

a  corporation,  by  the  name  of  the  Weymouth  Branch  Freight  Name. 
Railroad  Company;  with  all  the  powers  and  privileges,  and  Powers  and  du. 
subject  to  all  the  duties,  restrictions  and  liabilities  set  forth 
in  the  general  laws  which  now  are  or  hereafter  may  be  in 
force  relating  to  railroad  corporations,  so  far  as  the  same  may 
be  applicable  under  the  provisions  of  this  act. 

Section  2.     Said  corporation  may  locate,  construct,  main-  May  construct 
tain  and  operate  a  railroad,  to  be  used  for  the  transportation  trans°porta«on 
of  freight  only,  in  the  town  of  Weymouth,  commencing  at  a  of  f^^^ight. 
point  on  the  South  Shore  Railroad,  about  twenty-four  hun- 
dred feet  north-westerly  of  the   East  Weymouth   station ; 
thence  running  south-easterly  and  southerly  across  Commer- 
cial Street  and  Drury  Lane ;  thence  westerly  of  the  shoe 
factory  of  Dizer  and  others  ;  thence  across  Broad  Street, 
passing  in  the  rear  of  the  houses  of  John  Geary  and  Jacob 
Dizer  ;  thence  south-easterly  across  Shawmut  Street  to  the 
premises  of  the  Weymouth  Iron  Company  ;  and  may  enter 
with  its  road  upon  and  unite  with  the  road  of  the  South 
Shore  Railroad  Company  by  convenient  switches,  in  such 
manner  as  may  be  mutually  agreed  upon  in  writing ;  and  ?or  mTint^-°* 
said  corporation  may  contract  with  the  South  Shore  Railroad  JJfio^^of'^oad!'"' 
Company,  and  the  Old  Colony  and  Newport  Railway  Company, 
or  either  of  them,  to  maintain  and  operate  its  said  railroad. 

Section  3.     Said  corporation  may  sell,  assign  or  lease  its  May  sen  or 
railroad,  franchise  and  other  property  to  the  South  Shore  to'south  shore 
Railroad  Company,  or  the  Old  Colony  and  Newport  Railway  road's^  ^"^"''^ 
Company,   and    said   last   named   corporations   are    hereby 
respectively  authorized  to  purchase  or  hire  the  same. 

Section  4.     The  Weymouth   Iron    Company,   the    South  jyo^°^*\ii 
Shore  Railroad  Company  and  the  Old  Colony  and  Newport  and  south 
Railway  Company,  respectively,  are   hereby  authorized  to  cXny  "cads 
subscribe  for  and  hold  shares  in  the  capital  stock  of  the  "^'Void!^'' ^*°°^ 
Weymouth  Branch  Freight  Railroad  Company. 

Section  5.     The  capital  stock  of  said  corporation  shall  not  capital  stock 
exceed  fifty  thousand  dollars,  and  shall  be  divided  into  shares 
of  one  hundred  dollars  each,  the  number  of  which  shall  be 
determined,  from  time  to  time,  by  its  directors. 

Section  6.     This  act  shall  take  effect  upon  its  passage,  ^"tMntwo^*^ 
and  shall  be  void  unless  said  railroad  shall  be  located  within  years  and  con- 
two  years  and  constructed  within  three  years  from  the  date  three  years. 
hereof.  Approved  Marcli  4,  1870. 

An  Act  to  incorporate  the  mutual  life  insurance  company  of  (JJiap.  49. 

BOSTON.  -^  ' 

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

Section  1.     Luther  Stephenson,  Jr.,  Samuel  Little,  David  corporators. 
Whiton,  their  associates  and  successors,  are  hereby  made  a 
6 


42 


1870— Chapters  50,  51. 


N^™e  and  pur-  corporatioii,  by  the  name  of  The  Mutual  Life  Insurance  Com- 
pany of  Boston,  to  be  established  and  located  in  the  city  of 

Powers  and  du-  Boston,  foF  the  purpose  of  making  insurance  on  lives;  with 
all  the  powers  and  privileges,  and  subject  to  the  duties,  liabil- 
ities and  restrictions  set  forth  in  so  much  of  the  fifty-eighth 
chapter  of  the  General  Statutes  as  relates  to  mutual  life  in- 
surance companies,  and  all  other  acts  which  are  or  may  be  in 
force  relative  to  such  companies. 

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

Approved  March  4,  1370. 

Chap.    50.    ^^  -^CT  TO  REVIVE  THE  CHARTER  OF  MOUNT  MINERAL    SPRINGS  COM- 
PANY. 

Be  it  enacted,  §'c.,  as  folloios  : 

and'"extended'"^      SECTION  1.     Chapter  cighty-two  of  the   acts   of  the   year 
two  years.        eighteen  hundred  and  sixty-seven  is  hereby  revived  and  con- 
tinued in  force,  and  the  time  for  organizing  said  corporation, 
authorized  thereby,  is  hereby  extended  two  years. 

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

Approved  March  4,  1870. 
An   Act  to  authorize   sylvanus  n.  staples  and  william  h. 

PHILLIPS  to  extend  THEIR  WHARF  IN  TAUNTON. 

Be  it  enacted,  Sfc.,  as  follows: 

Section  1.  License  is  hereby  given  to  Sylvanus  N.  Staples 
and  William  H.  Phillips  to  extend  their  wharf  on  the  west 
side  of  Taunton  Great  River,  above  Weir  Bridge,  so  called, 
in  Taunton,  to  the  following  line,  viz.  :  beginning  at  the 
south-easterly  corner  of  said  wharf,  being  the  north-easterly 
corner  of  land  owned  by  the  city  of  Taunton  ;  thence  by  a 
straight  line  north-easterly  to  a  point  in  said  river,  which  is 
thirty-five  feet  south-easterly  from  the  point  of  the  present 
angle  in  said  wharf;  thence  north-easterly  by  a  straight  line 
to  a  point  on  the  southerly  side  of  land  owned  by  LeBaron  B. 
Church,  which  is  eighty  feet  south-easterly  from  the  corner 
of  said  Church's  land  and  the  present  wharf  of  said  Staples 
and  Phillips  ;  with  a  right  to  lay  vessels  not  more  than  one 
deep,  along  the  front  of  said  wharf,  and  to  collect  wharfage 
and  dockage  therefor :  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  said  commissioners  shall 
have  authority  to  require  as  a  condition  of  this  license  such 
excavations  on  the  shores  and  beds  of  said  river  as  they  may 
think  sufficient  to  compensate  for  the  encroachment  on  said 
river  herein  authorized  ;  and  provided,  that  this  license  shall 


Chap.  51. 


May  extend 
wharf  iu  Taun- 
ton. 


Wharfage  and 
dockage. 

Subject  to  con- 
trol of  harbor 
commissioners. 


Provisos. 


1870.— Chapters  52,  53,  54.  43 

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  March  4,  1870. 

An  Act  to  incorporate  the  palmer  savings  bank.  Chap.   52. 

Be  it  enacted,  §"c.,  asfolloics: 

Section  1.     George  T.  Hills,  Franklin  Morgan,  Gordon  M.  Corporators. 
Fisk,  their  associates  and  successors,  are  hereby  made  a  cor- 
poration by  the  name  of  the  Palmer  Savings  Bank,  to  be  ^"ame. 
located  in  the  town  of  Palmer;  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  here- 
after be  in  force  in  this  Commonwealth  relating  to  institu- 
tions for  savings. 

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

Approved  March  4,  1870. 

An  Act  to  authorize  the  south  bostox  savings  bank  to  hold  ChcW.   53. 
additional  real  estate. 

Be  it  enacted,  Sec,  as  follows  : 

Section  1.     The  South  Boston  Savings  Bank,  located  in  ^f^g^'oortabank 
the  city  of  Boston,  is  hereby  authorized  to  hold  real  estate  to  ing  house. 
the  amount  of  twenty-five  thousand  dollars,  in  addition  to 
the  amount  it  is  now  authorized  to  hold :  provided,  that  no  Proviso. 
part  of  said  amount  shall  be  invested  in  real  estate,  except  in 
the  purchase  of  a  suitable  site  and  the  erection  or  prepara- 
tion of  a  suitable  building  to  be  used  for  banking  purposes; 
and  all  income,  if  any,  arising  from  such  real  estate,  shall  be 
devoted  exclusively  to  the  interests  of  said  corporation. 

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

Approved  March  4,  1870. 

An  Act  to  authorize  the  franklin  savings  bank  to  hold  real  Chap.   54 

estate. 
Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     The  Franklin  Savings  Bank  is  hereby  author-  ^l^i^  i"!^.^* 

1  f     ^  1  -X       -x    8300,000  in 

ized  to  hold  real  estate  to  the  amount  oi  three  hundred  banking  house, 
thousand  dollars :  provided,  that  no  part  of  said  amount  Proviso. 
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,  arishig  from  such  real  estate,  shall  be  devoted  exclusive- 
ly to  the  interests  of  said  corporation. 

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

Approved  March  4, 1870. 


44 


1870.— Chapters  55,  56,  57. 


Cha'D      55  -^^    ^^^   CONCERNING    THE   STATE   ALMSHOUSE *IN   TEWKSBURT. 

Be  it  enacted^  ^c,  as  follows  : 
Hospital  not  to      SECTION  1.     So  mucli  of  chapter  four  hundred  and  sixty- 

DG  Greeted 

six  of  the  acts  of  eigliteen  hundred  and  sixty-nine,  as 
provides  for  the  erection  of  a  hospital  at  the  state  almshouse 
in  Tewksbury,  under  the  direction  of  the  board  of  state 
charities,  is  hereby  repealed. 

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

Approved,  March  7,  1870. 

Chap.   56.        An  Act  to  incorporate  the  nickerson's  wharf  company. 
Be  it  enacted,  §'c.,  as  follows: 

Section  1.  Edward  G.  Nickerson,  Sereno  D.  Nickerson, 
Henry  P.  Gerrish,  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  the  Nickerson's  Wharf 
Company,  with  power  to  purchase  and  hold,  in  fee  simple  or 
otherwise,  the  property  known  as  Nickerson's  Wharf,  in 
East  Boston,  and  other  wharf  property  and  real  estate  adjoin- 
ing the  same,  with  all  the  rights,  privileges  and  appurtenances 
thereto  belonging ;  and  shall  have  all  the  powers  and  privi- 
leges, and  be  subject  to  all  the  duties,  liabilities  and 
restrictions  set  forth  in  all  general  laws  that  now  are  or  may 
hereafter  be  in  force  and  applicable  to  said  corporation. 

Section  2.  Said  corporation  may  lease,  mortgage,  sell 
and  convey  said  property  or  any  part  thereof ;  may  use, 
improve  and  manage  said  premises,  construct  buildings, 
wharves  and  docks  thereon  ;  lay  vessels  thereat  and  receive 
wharfage  and  dockage  therefor,  and  do  all  other  business 
connected  therewith,  and  with  the  use  and  enjoyment  of  said 
premises :  provided^  however,  that  nothing  herein  contained 
shall  be  deemed  to  authorize  the  building  of  any  wharf,  dock 
or  other  structure  now  forbidden  or  unauthorized  by  law. 

Section  3.  The  capital  stock  of  said  corporation  shall  not 
exceed  five  hundred  thousand  dollars,  and  shall  be  divided 
into  shares  of  one  hundred  dollars  each  ;  and  no  shares  shall 
be  issued  for  a  less  sum  or  amount,  to  be  actually  paid  in  in 
cash,  on  each,  than  their  par  value.  Said  corporation  shall 
hold  such  personal  property  as  may  be  necessary  or  conven- 
ient for  the  purposes  set  forth  in  this  act. 

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

Approved  March  8,  1870. 

An  Act  in  addition  to  an  act  to  amend  the  charter  of  the 

worcester  lyceum  and  library  association. 
Be  it  enacted,  Sfc,  as  follows  : 

Section  1.  Any  inhabitant  of  Worcester  county,  above 
the  age  of  fourteen  years,  may,  on  such  terms  as  shall  be 


Corporators. 


Name  and  pur- 
pose. 


Powers  and  du 
ties. 


May  lease,  &c., 
property,  and 
receive  vviiarf- 
age  and  dock- 
age. 


Proviso. 


Capital  stock 
and  shares. 


Chap.  57. 


Minors  above 
age  of  fourteen 
may  become 


1870.— Chapters  58,  59.  45 

fixed  by  the  by-laws  of  the  Worcester  Lyceum  and  Natural  ™«'°''«"'  ^o*^' 

History  Association,  become  a  member  thereof,  and  entitled 

to  vote  at  all  meetings  thereof.     But  no  person  under  twen-  proviso. 

ty-one  years  of  age,  shall  be  an  officer,  or  director  of  said 

association. 

Section  2.     The  president,  vice-presidents,  treasurer,  sec-  Board  of  direc- 
retaries,  and  such  other  officers,  as  shall  be  provided  by  the 
by-laws,  shall  constitute  a  board  of  directors. 

Section  3.  Said  corporation  may  hold  real  and  personal  fo*ifafestater 
property  to  an  amount  not  exceeding  one  hundred  and  fifty 
thousand  dollars,  the  legal  title  to  which  shall  be  vested  in 
the  board  of  directors  ;  but  no  sale  or  transfer  of  any  real 
estate,  or  of  the  cabinet,  or  library,  except  for  exchange 
of  specimens,  or  sale  of  duplicates,  shall  be  made,  except  by 
authority  of  a  vote  of  the  corporation.  The  lecture  fund.  Lecture  fund, 
with  such  additions  as  may  be  made  to  it,  shall  be  held,  for 
the  purpose  of  providing  lectures,  under  the  direction  of  the 
board  of  directors. 

Section  4.     Sections  two,  three  and  five,  of  chapter  nine-  Repeal, 
ty-six  of  the  acts  of  the  year  eighteen  hundred  and  fifty- 
three,   and   sections   two,   three   and   four   of  chapter  two 
hundred  and  thirty-nine  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-six,  are  hereby  repealed. 

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

Approved  March  8,  1870. 

An  Act  to  incorporate  the  east  bridgewater  savings  bank.  CJlCip.   58. 
Be  it  enacted^  ^'c,  as  follows  : 

Section  1,     Kimball  E.  Shelden,  Henry  Hobart,  Isaac  N.  corporators. 
Nutter  and  Moses  Bates,  their  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  the  East  Bridge-  ^"ame  and  pur- 
water   Savings  Bank,  to  be  located   in   the   town   of  East       '         • 
Bridgewater  ;  with  all  the  powers  and  privileges,  and  subject  Powers  anddu- 
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  savings  banks  and  institu- 
tions for  savings. 

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

Approved  March  8,  1870. 

An  Act  to  authorize  the  ware  savings  bank  to  hold  real  ChciV.   59. 

estate. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     The  Ware  Savings  Bank  is  hereby  authorized  f 5^,;°^  "^ '^^^ 

to  hold  real  estate  to  the  amount  of  twenty-five  thousand 

dollars,  and  all  income,  if  any,  arising  from  such  real  estate. 


46 


1870.— Chapters  60,  61. 


Chap.  60. 

Corporators. 


Name  and  pur- 
pose. 


Powers  and  du- 
ties. 


Capital  stock 
and  shares. 


Boat-house. 
Proviso. 


shall  be  devoted  exclusively  to  the  interests  of  such  corpora- 
tion. 

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

Approved  March  8,  1870. 

An  Act  to  incorporate  the  union  boat  club  association. 

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

Section  1.  Henry  B.  Rice,  Edwin  B.  Buckingham,  George 
G.  Crocker,  and  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  The  Union  Boat  Club 
Association  of  Boston,  for  the  purpose  of  promoting  physical 
culture  and  encouraging  and  advancing  the  science  of  row- 
ing ;  with  all  the  powers  and  privileges,  and  subject  to  all 
the  duties,  liabilities  and  restrictions  contained  in  all  general 
laws,  which  now  are,  or  may  hereafter  be  in  force,  and  appli- 
cable to  such  corporations. 

Section  2.  The  capital  stock  of  said  corporation  shall  not 
exceed  twenty  thousand  dollars,  and  shall  be  divided  into 
shares  of  fifty  dollars  each  ;  and,  for  the  purposes  aforesaid, 
said  corporation  may  hold  and  own,  in  the  city  of  Boston,  a 
boat-house,  and  sucli  land  as  may  be  requisite  therefor :  pro- 
vided, however,  that  said  corporation  shall  not  incur  any 
liability  until  ten  thousand  dollars  of  the  capital  stock  shall 
have  been  paid  in  in  cash. 

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

Approved  March  8,  1870. 


Chap.  61. 


Corporators. 


Name  and  pur- 
pose. 


Powers  and  du- 
ties. 


Capital  stock 
and  shares. 


Real  estate. 


An  Act  to  incorporate  the  avakefield  marine  and  fire  insur- 
ance COMPANY. 
Be  it  enacted,  §'c.,  as  follows  : 

Section  1.  Cyrus  Wakefield,  Daniel  Allen,  M.  S.  South- 
worth,  their  associates  and  successors,  are  hereby  made  a  cor- 
poration by  the  name  of  the  Wakefield  Marine  and  Fire  Insur- 
ance Company,  in  the  town  of  Wakefield,  for  the  purpose  of 
making  insurance  against  maritime  losses,  and  losses  by  fire  ; 
with  all  the  powers  and  privileges,  and  subject  to  all  the 
duties,  restrictions  and  liabilities  set  forth  in  all  general  laws 
which  now  are,  or  hereafter  may  be  in  force,  relating  to  such 
corporations. 

Section  2.  Said  corporation  shall  have  a  capital  stock  of 
one  hundred  thousand  dollars,  to  be  divided  into  shares  of 
one  hundred  dollars  each,  with  the  right  to  increase  said 
capital  stock  to  the  sum  of  two  hundred  thousand  dollars ; 
and  shall  have  a  right  to  hold  real  estate  for  its  own  use  to 
an  amount  not  exceeding  ten  thousand  dollars. 


1870.— Chapters  62,  63.  47 

Section  3.  Said  corporation  may  commence  business  when  May  commence 
one  hundred  thousand  dollars  of  its  capital  stock  shall  have  $160,000  is  paid 
been  subscribed  and  paid  in  in  cash.  ^"' 

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

Approved  March  8,  1870. 
An  Act  to  authorize  the  hinkley  and  wiljliams  works  and  Chap.   62. 

OTHERS  TO  CONSTRUCT  WHARVES  ON  THE  SOUTH-EASTERLY  SIDE  OF  -^  ' 

ALBANY  STREET  IN  BOSTON. 

Be  it  enacted,  §'c.,  asfollotus  : 

Section  1.     License  is  hereby  given  to  the  Hinkley  and  May  construct 
Williams  Works,  a  corporation  organized  under  the  laws  of  ton. 
this  Commonwealth,  and   to    Daniel   F.    Child    and   Jarvis 
Williams,  to  construct  wharves  and  docks  over  the  flats  in 
front  of  their  respective  estates  on  the  south-easterly  side  of 
Albany  Street  in  Boston,  to  the  commissioners'  line,  as  estab- 
lished May  fourteenth,  in  the  year  one  thousand  eight  hun- 
dred and  sixty-four  ;  to  inclose  and  fill  up  said  flats,  and  to 
construct  docks  at  the  sides  of  said  wharves,  subject  to  the 
provisions  of  the  fourth  section  of  the  one  hundred  and  forty- 
ninth  chapter  of  the  acts  of  the  year  eighteen  hundred  and 
and  sixty-six,  with  the  right  to  lay  vessels  at  the  ends  and  ^ckage°^  ^'^'^ 
sides  of  said  wharves,  and  to  receive  wharfage  and  dockage 
therefor. 

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

Approved  March  8,  1870. 
An  Act  to  authorize  the  county  commissioners  of  the  county 

OF  DUKES  county  TO  BUILD  A  BRIDGE  OVER  THE  (JANAL  OR  CREEK, 
LEADING  FROM  HOLMES'  HOLE  HARBOR  TO  LAGOON  POND. 

Be  it  enacted,  ^"c,  asfolloios  : 

Section  1.     The  county  commissioners  of  the  county  of  ^^^^  ^Jjf^f  j.^^. 
Dukes  County,  are  hereby  authorized  to  construct  and  lay  necting^ 
out  a  free  bridge,  with  a  suitable  draw,  over  the  canal  or  Harbor  with 
creek  connecting  Holmes'  Hole  Harbor,  with  Lagoon  Pond,  lagoon  Pond. 
as  a  part  of  a  road  leading  to  a  county  road,  so  called,  run- 
ning to  Eastville,  subject  to  the  determination  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   cost   of  constructing,   maintaining   and  to  be  paid  for 
tending  said  bridge,  shall  be  assessed  by  said  commissioners,  gartownTnd  ° 
as  follows :  two-thirds  at  least  of  said  cost  shall  be  assessed  *^'^^'^'^'"'^- 
upon  and  paid  by  the  town  of  Tisbury  ;  the  balance  shall  be 
assessed  upon  and  paid  by  the  towns  of  Edgartown  and  Chil- 
mark,  respectively,  in  proportion  to  their  valuation  for  county 
taxes.     Said  bridge  to  be  tended  and  kept  in  repair  under  the  Repairs,  &c. 
direction  of  the  said  county  commissioners. 


Chap.  63. 


48  1870.— Chapters  64,  65. 

Superior  court        SECTION  3.     In  casG  the  Said  county  commissioners  shall 
missioners  to"^  neglect  to  build  Said  bridge  for  the  space  of  six  months  next 
county'commiL  after  the  passage  of  this  act,  it  shall  be  the  duty  of  the  su- 
sioners  neglect,  penor  court,  at  any  term  held  in  said  county,  upon  motion 
of  the  selectmen  of  Tisbury,  to  appoint  three  competent  per- 
sons, not  residents  of  said  county,  who   shall   have   all   the 
powers  and  authority  granted  in  this  act,  to  said  county  com- 
missioners in  relation  to  the  construction  of  said  bridge  and 
the  assessment  of  the  cost  thereof  upon  the  said  towns  of 
Tisbury,  Edgartown  and  Chilmark,  as  herein  provided. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  8,  1870. 
Chan     fi4    "^^  ^^^  requiring  city  and  town  clerks  to  certify  certain 

^*  *         VOTES  OF  CITIES  AND  TOWNS  TO  THE    SECRETARY  OF  THE  COMMON- 

WEALTH AND  BOARD  OF  RAILROAD  COMMISSIONERS. 

Be  it  enacted,  ^'c,  as  follows  : 
Town  clerks  to      SECTION  1.     It  shall  be  the  duty  of  the  city  or  town  clerk 
theirtown°to     of  aiiy  city  Or  town,  which  now  is,  or  hereafter  may  be, 
raUroads^oVe  authorized  to  Subscribe  for  the  stock  of  any  railroad  com- 
secretaryof      pauv,  Or  to  loau  its  Credit  or  grant  aid  to  the  same,  to 
and  railroad      transmit  to  the  secretary  of  the  Commonwealth  and  to  the 
undeTpenaTty.'  board  of  railroad  commissioners,  a  certified  copy  of  any  vote 
of  such  city  or  town,  under  such  authority,  within  thirty 
days  from  the  day  on  which  said  vote  shall  be  taken  ;  and 
also,  within  sixty  days  from  the  passage  of  this  act,  to  trans- 
mit a  certified  copy  of  any  vote  heretofore  passed  by  such 
city  or  town  under  such   authority,  unless   the  same   has 
already  been  transmitted  to  the  secretary  as  aforesaid ;  and 
any  city  or  town  clerk  who  shall  neglect  or  refuse  to  comply 
with  the  requirements  of  this  act,  shall  be  liable  to  a  fine  of 
not  less  than  five  and  not  more  than  fifty  dollars. 
Secretary  to  SECTION  2.     It  shall  be  the  duty  of  the  secretary  of  the 

ils^an'd  towns.  Commonwealth  to  transmit  forthwith  upon  its  passage  a 
copy  of  this  act  to  the  different  city  and  town  clerks  of  the 
Commonwealth.  Approved  March  8,  1870. 

Chd'D      65      "^^  ^^^  MAKING  APPROPRIATIONS  FROM  THE  MOIETY  OF  THE  INCOME 
"'  '  OF  THE  SCHOOL  FUND  APPLICABLE  TO  EDUCATIONAL   PURPOSES. 

Be  it  enacted,  Sj-c,  as  follows : 

Appropriations  SECTION  1,  The  sums  hereinafter  mentioned  in  this  sec- 
tion are  appropriated,  and  shall  be  allowed  and  paid  out  of 
the  moiety  of  the  income  of  the  school  fund  applicable  to 
educational  purposes,  for  the  year  eighteen  hundred  and 
seventy,  to  wit : — 

Normal  schools.  For  the  support  of  the  state  normal  schools,  for  the  present 
year,  a  sum  not  exceeding  forty-two  thousand  five  hundred 
dollars. 


authorized. 


1858,  96,  §  6. 


1870.— Chapter  65.  "  49 

For  teachers'  institutes,  a  sum  not  exceeding  two  thousand  Teachers'  insti- 
eight  hundred  dollars,  the  same  to  be  expended  in  accord- 
ance with  the  provisions  of  chapter  thirty-five  of  the  General 
Statutes. 

For  aid  to  pupils  in  the  state  normal  schools,  a  sum  not  ^g^igsa'^^^' 
exceeding   four   thousand   dollars,  payable   in  semi-annual 
instalments,  to  be  expended  under  the  direction  of  the  board 
of  education  :  provided^  a  full  report  of  such  expenditure 
shall  be  semi-annually  rendered  to  the  auditor  of  accounts. 

For  shinglina;  the  roof  of  the  normal  school  building  at  school  building 
Westfield,  for  a  new  furnace  and  for  additional  furniture  for  isss,  96,  §6." 
said  building,  a  sum  not  exceeding  two  thousand  two  hun- 
dred and  fifty  dollars. 

For  grading  the  normal  school  lot  at  Bridgewater,  a  sum  ^Jj^f^gl^tg/* 
not  exceeding  three  hundred  dollars.  isss,  96,  §  6. ' 

For  steam-heating  and  ventilating  apparatus  for  the  nor-  Heating  and 
mal  school  building  at  Framingham,  and  for  repairs  of  the  school  bufiding 
roof;  for  excavation  and  laying  wall  for  foundation  to  the  ham!^"""^' 
addition  thereto,  and  for  drainage  ;  for  the  purchase  of  land  ^^^^'  ^^'  §  ^• 
and  for  grading,  a   sum  not   exceeding  six  thousand  two 
hundred  and  fifty  dollars. 

For  postage,  printing,  advertising,  stationery,  transporta-  ^°|*^^<^^  ^°-' 
tion   of   documents   for   the   board   of  education    and    the  tion. 
secretary  thereof,  and  also  for  any  contingent  expenses  of  penses  nw-mS' 
the  normal  schools,  not  otherwise  provided  for,  a  sum  not  g'^g^gl" 
exceeding  eleven  thousand  dollars. 

For  expenses  of  the  members  of  the  board  of  education  Board  of  educa-, 
and  the  treasurer  thereof,  a  sum  not  exceeding  three  hun-  isssj  9m  6.^^^' 
dred  dollars. 

For  the  Massachusetts  teachers'  association,  the  sum  of  Ji^tf^^ '■^' '^***'" 
eight  hundred  dollars,  on  condition  that  said  association  shall  isss,  96,  §6. 
furnish  a  copy  of  the  "Massachusetts  Teacher"  to  each 
school  committee  in  the  several  cities  and  towns  in  the  Com- 
monwealth, during  the  year  eighteen  hundred  and  seventy, 
and  furnish  satisfactory  evidence  thereof  to  the  auditor  of 
accounts. 

For  the  American  Institute  of  Instruction,  the  sum  of  five  American insti^ 
hundred  dollars,  to  be  paid  to  the  president  of  said  institute  tion. 
in  the  month  of  August  next  _       isss,  96,  §6. 

For  county  teachers'  associations,  a   sum  not  exceeding  er°s"aIsocil^^ 
three  hundred  dollars.  tions. 

1864  58 

For  the  support  of  certain  schools,  as  specified  in  section  schools'. 
five  of  chapter  thirty-six  of  the  General  Statutes,  the  sum  of  ^"  ^'  ^®'  ^  ^' 
four  hundred  and  five  dollars. 

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

Approved  March  8,  1870. 


50 


1870.— Chapter  66. 


Chap.  66. 

Limits  of  town 
of  Everett. 


An  Act  to  incorporate  the  town  of  everett. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.  All  the  territory  now  within  the  town  of 
Maiden,  in  the  county  of  Middlesex,  comprised  within  the 
following  limits,  that  is  to  say :  beginning  at  the  stone  mon- 
ument in  the  line  between  said  Maiden  and  the  town  of 
Medford,  which  is  marked  "  number  three  ; "  thence  running 
easterly  and  southerly  by  the  centre  of  a  creek  and  Maiden 
river  to  the  centre  of  the  Maiden  canal ;  thence  by  the  centre 
of  said  canal  to  the  range  of  the  north  line  of  Wyllis  avenue  ; 
thence  by  said  last  named  line  and  the  northerly  side  of  said 
avenue  to  Main  street;  thence  across  Main  street  to  the 
southerly  side  of  Belmont  street;  thence  by  the  southerly 
side  of  Belmont  street  to  Ferry  street ;  thence  crossing  Ferry 
street  obliquely  to  the  northerly  side  of  Rich  street ;  thence 
north  fifty-six  degrees  east  by  the  northerly  side  of  Rich 
street,  fourteen  hundred  and  ninety-one  feet  to  a  stake  ; 
thence  south  eighty-four  degrees  east  six  thousand  and  eleven 
feet  to  a  stake  in  the  line  between  said  Maiden  and  the  town 
of  North  Chelsea,  said  stake  being  two  hundred  and  forty- 
seven  feet  northerly  from  the  stone  monument  in  said  last 
mentioned  line,  which  is  marked  "  M.  N.  C.  eleven;"  and 
thence  south-westerly,  north-westerly  and  northerly,  as  the 
present  dividing  line  between  said  Maiden  and  North  Chelsea, 
Chelsea,  Charlestown,  Somerville  and  Medford  runs,  to  the 
first  mentioned  bound,  is  hereby  incorporated  into  a  town 
Powers  and  du-  by  the  name  of  Everett ;  and  said  town  of  Everett,  is  hereby 
invested  with  all  the  powers,  privileges,  rights  and  immuni- 
ties, and  subject  to  all  the  duties  and  requisitions  to  which 
other  towns  are  entitled  and  subjected  by  the  constitution 
and  laws  of  this  Commonwealth. 

Section  2.  The  inhabitants  of  said  town  of  Everett  shall 
be  holden  to  pay  all  arrears  of  taxes  which  have  been  legally 
assessed  upon  them  by  the  town  of  Maiden,  and  all  taxes 
heretofore  assessed  and  not  collected  shall  be  collected  and 
paid  to  the  treasurer  of  the  town  of  Maiden  in  the  same 
manner  as  if  this  act  had  not  been  passed ;  and  also  their 
proportion  of  all  county  and  state  taxes  that  may  be  assessed 
upon  them  previously  to  the  taking  of  the  next  state  valua- 
tion, said  proportion  to  be  ascertained  and  determined  by  the 
last  valuation  in  the  said  Maiden. 

Section  8.  Said  towns  of  Maiden  and  Everett  shall  be 
respectively  liable  for  the  support  of  all  persons  who  now  do 
or  shall  hereafter  stand  in  need  of  relief  as  paupers,  whose 
settlement  was  gained  by  or  derived  from  a  settlement  gained 
or  derived  within  their  respective  limits. 


Taxes,  how  as 
sessed,  collect- 
ed and  paid. 


Support  of  pau- 
pers. 


1870.— Chapter  66.  51 

Section  4.     The  corporate  property  belonging  to  the  town  corporate  prop- 
of  Maiden  at  the  date  of  the  passage  of  this  act,  and  the  vided  between 
public  debt  of  the  said  town  existing  at  said  date,  shall  be  erenfrccOTdfug 
divided  between  the  towns  of  Maiden  and  Everett  according  J°^us"^"°^  °*^ 
to  the  valuation  of  the  property  within  their  respective  limits 
as  assessed  May  first,  in  the  year  eighteen  hundred  and  sixty- 
nine  ;  and  said  town  of  Everett  shall  receive  from  said  town  of 
Maiden  a  proportionate  part  of  whatever  amount  may  here- 
after be  refunded  to  said  town  of  Maiden  from  the  state  or 
United  States,  to  reimburse  said  town  of  Maiden  for  bounties 
to  soldiers,  or  state  aid  paid  to  soldiers'  families,  after  deduct- 
ing all  reasonable  expenses ;  and  said  town  of  Everett  shall 
bear  the  expense  of  making  the  survey  and  establishing  the 
line  between  said  towns  of  Maiden  and  Everett :  provided,  Proviso. 
however,  that  the  inhabitants  of  said  town  of  Everett,  shall 
not  be  liable  to  pay  for  any  portion  of  the  debt  incurred  for 
the  introduction  of  water  from  Spot  Pond  within  the  lines 
of  Maiden. 

Section  5.     In  case  said  towns  of   Maiden  and  Everett  commissioners 
shall  not  agree  in  respect  to  a  division  of  property,  debts,  by  supTm^^^ 
town  paupers,  or  state  or  county  taxes,  the  superior  court  d^sagree.*"^"^* 
for  the  county  of  Middlesex  shall  upon  the  petition  of  either 
town,  appoint  three  competent  and  disinterested  persons  to 
hear  the  parties  and  award  thereon  ;  and  their  award,  or  the 
award  of  any  two  of  them,  being  accepted  by  said  court, 
shall  be  final.     In  making  said  award,  said  commissioners 
shall  assign  the  real  estate  belonging  to  the  town  of  Maiden, 
at  the  time  of  the  passage  of  this  act,  to  the  town  within 
which  said  estate  shall  be  situated,  so  far  as  such  a  division 
shall  be  practicable. 

Section  6.     The  town  of  Everett,  for  the  purpose  of  elect-  Election  of 

.     ,•  .  .  1  ...  state  and  fed- 

mg  representatives  to  congress,  senators  and  representatives  erai  officers. 
to  the  general  court,  and  members  of  the  governor's  council, 
until  the  next  decennial  census,  or  until  another  apportion- 
ment be  made,  shall  remain  a  part  of  the  town  of  Maiden, 
and  vote  therefor  at  such  place  as  the  town  of  Maiden  shall 
vote ;  and  the  selectmen  of  Everett  shall  make  a  true  list  of 
all  persons  within  their  town  qualified  to  vote  at  every  such 
election,  and  shall  post  up  the  same  in  said  town  of  Everett, 
and  shall  correct  the  same  as  required  by  law,  and  shall 
deliver  such  list  to  the  selectmen  of  the  town  of  Maiden, 
seven  days  at  least  before  such  election,  to  be  used  thereat. 

Section  7.     Any  justice  of  the  peace  within  and  for  the  First  meeting 
county  of  Middlesex  may  issue  his  warrant,  directed  to  any  towVofficers. 
inhabitant  of  the  town  of  Everett,  requiring  him  to  notify 
and  warn  the  inhabitants  thereof  qualified  to  vote  in  town 


52  1870.— Chapters  67,  68,  69. 

affairs,  to  meet  at  the  time  and  place  therein  appointed,  for 
the  purpose  of  choosing  all  such  town  officers  as  'towns  are 
by  law  authorized  and  required  to  choose  at  their  annual 
meetings  ;  and  said  warrant  shall  be  served  by  publishing  a 
copy  thereof  in  some  newspaper  printed  in  the  town  of  Mai- 
den, and  by  posting  up  copies  thereof,  all  attested  by  the 
person  to  whom  the  same  is  directed,  in  three  public  places 
in  said  town  of  Everett  seven  days  at  least  before  such  time 
of  meeting.  Such  justice,  or  in  his  absence,  such  inhabitant 
required  to  notify  the  meeting,  shall  preside  until  the  choice 
of  moderator  in  said  meeting.  The  selectmen  of  the  town 
of  Maiden  shall,  before  said  meeting,  prepare  a  list  of  voters 
in  said  town  of  Everett  qualified  to  vote  at  said  meeting,  and 
shall  deliver  the  same  to  the  person  presiding  at  such  meet- 
ing before  the  clioice  of  a  moderator  thereof. 

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

Approved  March  9,  1870. 

Chat),    67.    ^^  -^^"^  CONCERXING  CORPORATIONS  OWNING  OR  PROPOSING  TO  BUILD 
^'  '  HOUSES  OF  PUBLIC  WORSHIP. 

Be  it  enacted,  Sfc,  as  folloios  : 
^™endmentto  SECTION  1.  -Scction  twcuty-cight  of  chapter  thirty  of  the 
General  Statutes  is  hereby  amended  by  striking  therefrom 
the  words, "  as  has  been  agreed  and  determined  on  at  the 
meeting  held  for  the  purpose  of  organization,"  and  substitut- 
ing therefor  the  words  "  no  more." 

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

Approved  March  11,  1870. 

Chap.     68.    -^N    Act   CONCERNING   AFFIDAVITS  OF   MERITS   AND  APPEARANCES   IN 
"'  '  ACTIONS  AT  LAW. 

Be  it  enacted,  ^'c,  as  follows: 
Appearance  in       j^^  appearance  in  writing,  entered  by  the  defendant,  per- 
tuted  for  afflda-  soually.  Or  by  attomcy,  is  hereby  substituted  for  the  affidavit 
vit  of  merits.     ^^  merits  now  required  in  actions  at  law. 

Approved  March  11,  1870. 

Chan    69    -^^  ^^^  ^^  authorize  the  boston,  barre  and  Gardner  railroad 

■t^'        '  corporation  to  re-locate  its  road. 

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

May  relocate  SECTION  1.    The  Boston,  Barre  and  Gardner  Railroad  Cor- 

sectionsofroad.  poratiou  is  hereby  authorized  to  re-locate  the  first  and  second 

sections  of  its  road,  so  that  the  same  may  extend  from  some 

convenient  point  in  the  city  of  Worcester,  northerly,  through 

the  northerly  part  of  said  Worcester ;  thence  through  Holden, 

and  through  or  near  the  centre  village  thereof;  and  thence 

through  Princeton  and  Hubbardston  and  the  southerly  part 

of  Gardner  to  some  convenient  point  on  the  road  of  the  Ver- 


1870.— Chapter  70.  53 

mont  and  Massachusetts  Railroad  Company,  in  said  Gardner  ; 
but  said  road  sliall  not  be  located  within  fifty  feet  of  the 
stone  freight  depot  of  the  Worcester  and  Nashua  Railroad 
Company,  at  Lincoln  square  in  said  Worcester. 

Section  2.     Said  corporation  may  cross  with  its  road  the  May  cross  wor- 

1  •/  cGstcr  find. 

road  of  the  Worcester  and  Nashua  Railroad  Company,  at  Nashua  Raii- 
grade,  at  any  poinl?  in  the  city  of  Worcester  north  of  the  clay  '"o'^d  at  grade. 
cut  at  Northville,  so  called,  and  said  crossing  shall  be  made 
and  maintained  at  the  expense  of  said  corporation,  and  in 
such  manner  as  may  be  agreed  upon  by  said  corporation  and 
said  Worcester  and  Nashua  Railroad  Company,  or  if  they 
shall  fail  to  agree,  as  the  board  of  railroad  commissioners 
shall  direct. 

Section  3.     Said  corporation  is  hereby  authorized  to  re-  Mayre-iocate 

,  ,,,.-,  ,.  %.  ,  i/.i  third  section  of 

locate  the  third  section  oi  its  road  so  tiiat  the  same  may  ex-  road, 
tend  from  some  convenient  point  on  the  first  or  second  sec- 
tion of  its  road,  as  the  same  now  is  or  hereafter  may  be 
located,  to  some  convenient  point  in  the  town  of  Barre. 

Section  4.     Said  corporation  shall  file  with  the  commis-  Re-iocation  to 
sioners  of  Worcester  county,  any  re-location  of  its  road,  or  of  county  com- 
either  section  thereof,  before  the  first  day  of  July,  in  the  year  "^'*«io'i""^- 
eighteen  hundred  and  seventy-one. 

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

Approved  March  11,  1870. 
An  Act  in  addition  to  certain  acts  concerning  the  amherst  Chap.   70. 

BRANCH   RAILROAD   COMPANY. 

Be  it  enacted,  §'c.,  as  folloios : 

Section  1.     The  Amherst  Branch  Railroad  Company  is  fiJ^^faiTapftai' 
hereby  authorized  to  increase  its  capital  stock  to  an  amount  stock. 
not  exceeding  one  hundred  thousand  dollars  in  addition  to 
the  amounts  authorized  by  section  two  of  chapter  one  hun- 
dred and  forty-seven  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-four,  and  the  same  shall  be  divided  into  shares  of  shares. 
one  hundred  dollars  each. 

Section  2.  Said  company,  after  the  whole  amount  of  its  Location  and 
capital  stock  shall  have  been  fixed  and  subscribed,  may  lo- 
cate, construct  and  maintain  its  railroad  as  authorized  by 
section  three  of  said  act,  or  may  locate,  construct  and  main- 
tain the  same  wholly  within  the  towns  of  Amherst,  Hadley 
and  Northampton  and  between  the  termini  mentioned  in  said 
section  three  :  provided,  that  any  part  of  the  same  which  may  Proviso, 
be  located  through  Hadley  Meadows,  so  called,  shall  be  con- 
structed under  the  direction  of  the  board  of  railroad  com- 
missioners, and  in  strict  compliance  with  such  requirements 
as  they  shall  deem  essential  to  secure  a  free  and  uninterrupted 
flow  of  the  waters  of  the  Connecticut  River  at  all  seasons. 


54 


1870.— Chapter  71. 


Amherst,  Had- 
ley,  Hatfield 
and  Northamp- 
ton may  take 
stock  in  road. 


Selectmen  to 
represent 
towns  at  meet- 
ings of  com- 
pany. 


May  adopt 
name  of  North- 
ampton and 
Amherst  Kail- 
road  Company. 


Section  3.  The  towns  of  Amherst,  Hadley,  Hatfield  and 
Northampton,  are  hereby  severally  authorized,  when  so  voting 
at  legal  town  meetings  duly  called  for  the  purpose,  to  sub- 
scribe for  and  hold  shares  in  the  capital  stock  of  said  com- 
pany to  an  amount  not  exceeding  five  per  centum  of  the 
assessed  valuation  of  each  of  said  towns  respectively :  pro- 
vided, that  said  subscription  shall  be  voted  by  two-thirds  of 
the  legal  votes  cast ;  and  provided,  also,  that  such  vote  shall 
be  taken  by  written  ballot,  and  the  check  list  shall  be  used. 
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  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  ;  and  the  votes  of  said  towns,  respectively,  may  be 
conditional  upon  the  location  upon  which  said  company  may 
elect  to  construct  said  railroad. 

Section  4.  The  selectmen  of  the  towns  of  Amherst,  Had- 
ley, Hatfield  and  Northampton,  respectively,  or  any  agent 
specially  chosen  for  that  purpose,  shall  have  authority  to  rep- 
resent said  towns,  respectively,  at  any  and  all  meetings  of 
said  company  ;  and  said  towns  so  represented  are  hereby  au- 
thorized to  vote  on  the  whole  amount  of  the  stock  held  by 
said  towns,  respectively,  anything  in  chapter  sixty-three  of 
the  General  Statutes  to  the  contrary  notwithstanding. 

Section  5,  Said  company  may  by  vote,  a  certificate  of 
which  shall  be  duly  transmitted  to  the  secretary  of  the  Com- 
monwealth, adopt  as  its  corporate  name  the  Northampton  and 
Amherst  Railroad  Company,  and  shall  thereafter  be  known 
and  called  by  said  name,  instead  of  its  present  name. 

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

Approved  March  11,  1870. 


An   Act  relating  to  the  exeter  and  Salisbury  railway 

COMPANY. 


railroad. 


Chap.  71. 

Be  it  enacted,  Sfc.,  as  follows  : 
May  lease  road  SECTION  1.  The  Exctcr  and  Salisbury  Railway  Company, 
bie^con'^ecting'  a  Corporation  formed  by  tlie  union  of  the  Salisbury  Railroad 
Company,  and  the  Exeter  Railway  Company,  of  New  Hamp- 
shire, is  hereby  authorized  to  lease  its  road  and  franchise,  and 
other  property,  to  any  responsible  railroad  company,  whose 
road  may  connect  with  the  road  of  the  said  Exeter  and  Sal- 
isbury Railway  Company. 

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

Approved  March  11,  1870. 


1870.— Chapters  72,  73.  65 

An  Act  in  addition  to  an  act  for  supplying  the  town  of  som-  Qfi^p^   72. 

ERVILLE    WITH    WATER.  -    -^  ' 

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

The  town  of  Somerville  is  hereby  authorized  to  raise  by  KyllSn 
taxation,  or  by  borrowing  from  time  to  time,  an  amount  not  or  loan, 
exceeding  in  the  aggregate  the  sum  of  one  hundred  thousand 
dollars,  in  addition  to  the  amount  authorized  to  be  raised  by 
chapter  two  hundred  and  two  of  the  acts  of  the  year  one  thou- 
sand eight  hundred  and  sixty-eight,  to  be  used  for  the  pur- 
poses therein  specified.  Approved  March  11,  1870. 

An  Act  concerning  the  ware  river  railroad  company.  Chap.    73. 

Be  it  enacted,  Sj-c,  as  follows : 

Section  1.     The  Ware  River  Railroad  Company  is  hereby  May  buud  sec- 

.  T  T      .1  1     1  1  1  p         i.1  i*  onfl  3"d  fourth 

authorized  to  proceed  to  build  the  second  and  tourth  sections  sections  of 
of  its  railroad,  as  the  same  are  defined  by  section  six  of  $°i5o,oooi^ sub- 
chapter seventy-six  of  the  acts  of  the  year  eighteen  hundred  scribed. 
and   sixty-seven,  when    the  sum   of  one  hundred  and   fifty 
thousand  dollars  shall  have  been  subscribed  for  the  building 
of  either  of  said  sections  specifically  ;  but  before   either  of  ^f/d  wUhVhe^^ 
said  sections  shall  be  commenced,  a  certificate  shall  be  filed  secretary  of 
in  the   office   of  the  secretary   of  the   Commonwealth,  sub-  wealth!"^' 
scribed  and  sworn  to  by  the  president  and  a  majority  of  the 
directors  of  said  company,  stating  that  the  sum  herein  named 
has  been  subscribed  for  the  section  they  propose  to  build,  by 
responsible  parties,  and  that  twenty  per  centum  of  the  par 
value  of  each  and  every  share  embraced  in  said  sum  has  been 
actually  paid  into  the  treasury  of  said  company. 

Section  2.     Said  company  may  enter  with  its  road  upon  ^gfj^JJj^^j^^**' 
and  unite  with  the  road  of  the  Monadnock  Railroad  Com-  Railroad, 
pany,  at  or  near  the  depot  of  said  Monadnock  Railroad  Com- 
pany, in  Winchendon,  and  may  use  the  same,  subject  to  the 
provisions  of  the  general  laws. 

Section  3.     The  towns  of  Hard  wick.  New  Braintree,  Barre,  Hardwick.New 
Hubbardston,  Templeton  and  Winchendon  are  hereby  sever-  B^'re,  Hub- 
ally  authorized  to  subscribe  for  and  hold  shares  in  the  capital  pi^efon^a^'d^^"^' 
stock  of  the  Ware  River  Railroad  Company  to  an  amount  ^'jj'^^l^^^g^^J'ogt 
not  exceeding  five  per  centum  of  the  assessed  valuation  of  in  road, 
said   towns  respectively  :  provided^   that   two-thirds   of  the  Proviso, 
legal  voters  of  said  towns,  respectively,  present  and  voting 
by  ballot,  and  using  the  check  list,  at  a  legal  town  meeting 
duly  called  for  the  purpose,  shall  vote  to  subscribe  for  such 
shares ;  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  sums  of  money  which  may  be  necessary  to  pay 


56  1870.— Chapters  74,  75. 

for  the  same,  and  may  hold  aud  dispose  of  the  same  like 
other  town  property. 
Selectmen  or         SECTION  4.     The  selectmen   of  said  towns,  or   any   agent 

their  agents  •    n         ,  pi  '    ,        .    •'        ° 

may  represent    Specially  choscn  lor  the  purpose,  shall  have  authority  to  rep- 
towns  at  com-       ^         i'Ti  i'l  i  111  i'  /» 

pany  meetings,  rcscut  Said  towns  respectively,  at  any  and  all  meetings  of 
the  Ware  River  Railroad  Company  ;  and  said  towns  so  rep- 
resented, are  hereby  authorized  to  vote  on  the  whole  amount 
of  the  stock  held  by  said  towns  respectively,  anything  in 
chapter  sixty-three  of  the  General  Statutes  to  the  contrary 
notwithstanding. 

Subscriptions         SECTION  5.     The  total  amouut  of  all  subscriptions  of  either 

to  stock  not  to  I'll  1  1 

exceed  five  per  of  Said  towiis  wliich  liavc  bceii,  or  may  be  made  to  the  stock 

cent,  of  valua-        /.  -i  i  •  i  ^i        -i  /? 

tion  of  towns.  01  aiiy  railroad  company  or  companies,  under  authority  oi 
this  or  any  previous  act,  shall  not  exceed  five  per  centum  of 
the  assessed  valuation  of  said  town. 

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

Approved  March  15,  1870. 

Chd'D       74.  ■^'^  ^^^  ^^  INCORPORATE  THE  SOMERVILLE   SAVINGS  BANK. 

Be  it  enacted,  ^'c,  as  follows  : 

Corporators.  SECTION  1.     Columbus  Tyler,  Robert  A.  Vinal,  Charles  S. 

Lincoln,  William  A.  Richardson  and  Edwin  B.  Buckingham, 
their  associates  and  successors,  are  hereby  made  a  corpora- 
Name,  tion  by  the  name  of  the  Somerville  Savings  Bank,  to  be  es- 
Powers  and  du-  tablishcd  in  the  town  of  Somerville  ;  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  here- 
after be  in  force  applicable  to  savings  banks  and  institutions 
for  saving. 

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

Ajjproved  March  15,  1870. 

Chcin.     75.    -^^    ■^^'^   "^^  AMEND  CHAPTER    FORTY-THREE   OF  THE    GENERAL    STAT- 
■'  '  '  UTES,  IN  RELATION  TO  LAYING  OUT  HIGHWAYS  AND  TOWN  WAYS. 

Be  it  enacted,  S^'c,  as  follows  : 
^rle^ed^b  esti  SECTION  1.  A  party  aggrieved  by  the  doings  of  the  com- 
mationof  dam-  missioncrs  in  the  estimation  of  his  damages,  occasioned  either 
hfyinl'^out,  &c^  by  the  laying  out,  locating  anew,  altering  or  discontinuing  a 
hlivelury,  im'^^  highway,  or  by  any  specific  repairs  ordered  by  the  commis- 
less  it  is  agreed  sioucrs,  Or  in  the  sum  awarded  him  as  indemnity  therefor, 

to  IlflVG  QUCS-  ■  •/  / 

tion  settled  by  may  havc  a  jury  to  determine  the  matter  of  his  complaint 
a  committee.     ^pQ,-^  written  application  to  the  commissioners  ;  unless  he 
agrees  with  the  parties  adversely  interested  to  have  the  same 
determined  by  a  committee,  to  be  appointed  under  the  direc- 
tion of  the  commissioners. 

Section  2.     Sections  nineteen,  twenty  and  twenty-one  of 
the  forty-third  chapter  of  the  General  Statutes,  and  so  much 


1870.— Chapters   76,  77,  78.  67 

of  section  seventy-three  of  said  chapter-  as  provides  that  a 
jury  may  alter  a  town  way,  and  all  other  acts  inconsistent 
herewith,  are  hereby  repealed.  Approved  March  15, 1870. 

An  Act  in  relation  to  returns  from  assessors  of  cities  and  Chcip.   76. 

TOWNS. 

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

Section  1.     The  assessors  of  each  city  and  town  in  the  Assessors  to  re- 

/^  11-  TT-  1  !•  ^^^"^  assets  of 

Commonwealth,  in  addition  to  the  returns  which  they  are  towns,  and in- 

j    ,  1        u       J.1  •   •  c  J.^       c      i.  L'         debtedness  not 

now  required  to  make  by  the  provisions  oi  the  first  section  provided  for  by 
of  chapter  two  hundred  and  eighty-three  of  the  acts  of  the  ^^-''^tion, 
year  eighteen  hundred  and  sixty-five,  shall,  at  the  time  spe- 
cified in  said  section,  return  also  the  aggregate  amount  of  the 
assets  of  their  respective  cities  or  towns,  and  the  amount  of 
indebtedness  of  such  cities  or  towns,  for  which  notes,  bonds, 
or  other  similar  evidences  of  debt,  the  payment  of  which  is 
not  provided  for  by  the  taxation  of  the  then  current  year, 
were  outstanding  on  the  first  of  May  then  next  preceding, 
with  a  concise  statement  of  the  various  purposes  for  which 
such  indebtedness  was  incurred,  and  the  amount  incurred 
for  each  purpose. 

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

Approved  March  15,  1870. 

An  Act  coNCERNiNa  proceedings  before  certain  magistrates.  Chap.   77. 

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

Section  1.     Whenever  a  magistrate  shall  fail  to  attend  at  Jf. p^agi^trate 

,         .  ,      ,  1  •    1  T  1  1  f'*!^*  ^°  attend 

the  time  and  place,  to  which  any  process  under  the  one  hun-  when  process 
dred  and  twenty-fourth  chapter  of  the  General  Statutes  is  rsVturnabief 
returnable,  or  continued,  before  him,  any  other  magistrate  f°a*te  m'a^cfn-' 
named  in  section  one,  of  said  chapter,  may  attend  at  such  tiuue  proceed- 
time  and  place,  and  continue  the  proceeding  not  exceeding  "^^' 
thirty  days,  without  costs,  saving  the  rights  of  all   parties ; 
and  he  shall  make  a  certificate  thereof,  which  shall  be  by 
him  delivered  to  the  magistrate  before  whom  such  process  is 
pending. 

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

Approved  March  15,  1870. 
An  Act  in  further  addition  to  an  act  making  appropriations  ChctV,    78. 

FOR  THE  maintenance  OF  THE  GOVERNMENT  DURING  THE  PRESENT 
YEAR. 

Be  it  enacted,  §'c.,  as  follows. • 

Section  1.     The  sums  hereinafter  mentioned  are   appro-  Appropriations 
priated,  for  the  purposes  specified,  to  be  paid  out  of  the  treas- 
ury of  the  Commonwealth,  from  the  ordinary  revenue,  unless 
otherwise  ordered,  to  meet  the  current  expenses  of  the  year 

8 


authorized. 


58 


1870.— Chapter  78. 


ending  on  the  thirty-first  day  of  December,  in  the  year  eigh- 
teen hundred  and  seventy,  to  wit : 


Senate  and 
house  printing 
and  binding. 
Res.  1856,  74. 

Senate  station- 
ery. 
Kes.  1856,  74. 


Printing. 
Kes.  1856,  74. 


House  station- 
ery. 
Kes.  1856,  74. 


Printing. 
Kes.  1856,  74. 


Sergeant-at- 

arms,  books, 

&c. 

Res.  1856,  74. 

Committees  of 
legislature. 
G.  S.  14,  §46; 
1869,  309. 


Governor  and 
council. 
Postage,  &c. 
Res.  1856,  74. 
Copyists. 
Res.  1870,  4. 


LEGISLATIVE  AND    EXECUTIVE   DEPARTMENTS. 

For  printing  and  binding  ordered  by  the  senate  or  house 
of  representatives  or  by  the  concurrent  order  of  the  two 
branches,  a  sum  not  exceeding  thirty-two  thousand  dollars. 

For  stationery  for  the  senate,  purchased  by  the  clerk  of 
the  senate,  a  sum  not  exceeding  one  thousand  one  hundred 
dollars. 

For  printing  blanks  and  circulars  and  the  calendar  of 
orders  of  the  day  for  the  use  of  the  senate,  a  sum  not  ex- 
ceeding one  thousand  dollars. 

For  stationery  for  the  house  of  representatives,  purchased 
by  the  clerk  of  the  house  of  representatives,  a  sum  not  ex- 
ceeding two  thousand  two  hundred  dollars. 

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

For  books,  stationery,  printing  and  advertising,  ordered  by 
the  sergeant-at-arms  for  the  legislature,  a  sum  not  exceeding 
six  hundred  dollars. 

For  the  authorized  expenses  of  committees  of  the  present 
legislature,  the  same  to  include  clerical  assistance  to  com- 
mittees authorized  to  employ  the  same,  a  sum  not  exceeding 
eight  thousand  dollars. 

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

For  the  compensation  of  copyists  employed  by  the  gover- 
nor, a  sum  not  exceeding  two  thousand  four  hundred  dollars. 


state  house. 
Fuel  and  lights. 
G.  S.  14,  §  62. 
Repairs  and 
furniture. 
G.  S.  14,  §  62. 

Contingent  ex- 
penses of  sen- 
ate and  house. 
G.  S.  14,  §  62. 


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  four  thousand  dollars  :  provided,  that 
no  part  of  such  sum  shall  be  expended  for  stationery,  post- 
age, printing,  repairs  or  furniture,  or  for  the  purchase  of  any 
article  or  thing,  or  to  effect  any  object  for  which  an  appro- 
priation is  otherwise  made  in  this  act  or  in  any  act  which 
may  be  subsequently  passed. 


1870.— Chapter  78.  59 

state  printing. 

For  printing  such  number,  not  exceeding  thirty-five  thou-  Printing  gen- 
sand,  of  the  pamphlet  edition  of  the  general  acts   and   re-  g?s.37i866,66. 
solves  of  the  present  year,  for  distribution  in  the  Common- 
wealth, a  sum  not  exceeding  five  thousand  dollars. 

For  printing  and  binding  three  thousand  five  hundred  "Biuebook." 
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  six  thou- 
sand dollars. 

For  the  newspaper  publication  of  the  general  laws  and  all  ^^^^P^f^n 
other  information  intended  for  the  public,  a  sum  not  exceed-  general  laws, 
ing  four  hundred  dollars.  ise's,  193. 

For  printing  the  public  series  of  documents  in  the  last  PuWicdocu- 
quarter  of  the  year  one  thousand  eight  hundred  and  seventy,  BiuVng. 
under  the  direction  of  the  secretary  of  the  Commonwealth,  ^•^•*- 
and  for  binding  the  copies  to  be  distributed  to  the  towns  and 
cities,  a  sum  not  exceeding  thirty  thousand  dollars. 

For  term  reports,  a  sum  not  exceeding  five  thousand  five  Term  reports. 

1  J       J    J    n  1859,  290. 

hundred  dollars. 

For  printing  and  binding  the  annual  railroad  reports,  a  Railroad  re- 
sum  not  exceeding  two  thousand  five  hundred  dollars.  I'swfier. 

For  the  publication  and  editing  of  the  supplement  to  the  supplement  to 
General  Statutes  for  the  present  year,  as  authorized  by  chap-  utes?^'^'  ^^^*" 
ter  eighteen  of  the  resolves  of  the  year  eighteen  hundred  and 
sixty-seven,  a  sum  not  exceeding  five  hundred  dollars  for  the 
publication,  and  two  hundred  dollars  for  editing  the  same. 

For  printing   the   report  of  shareholders  in  the  national  National  banks, 
banks  of  the  Commonwealth,  as  required  by  chapter  one  hun- 
dred and  eighty-eight  of  the  acts  of  the  year  eighteen  hun- 
dred  and  sixty-seven,  a  sum  not   exceeding  five  thousand 
dollars. 

INCIDENTAL  AND   CONTINGENT  EXPENSES. 

For  incidental  expenses  of  the  secretary's  department,  a  incidental  ex- 
sum  not  exceeding  five  thousand  dollars  ;  and  for  assessors'  secretary. 
books  and  registration  blanks  for  the  secretary's  department,  fmiiei.^^' 
a  sum  not  exceeding  two  thousand  five  hundred  dollars. 

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

For  the  expenses  of  the  tax  commissioner,  a  sum  not  ex-  Taxcommis- 
ceeding  two  thousand  two  hundred  dollars.  ^m,m•,  ises, 

For  incidental  expenses  of  the  auditor's  office,  a  sum  not  Auditor. 
exceeding  six  hundred  dollars.  ^8*^^  i^s- 

For  fees,  costs  and  court  expenses  of  the  attorney-general,  Fee^s  costs,  &o 
and  for  incidental  and  contingent  expenses  of  the  office  of    '  '    * 


60 


1870.— Chapter  78. 


Civil  actions. 
G.  S.  H,  §  24. 


the  attorney-general,  a  sum  not  exceeding  one  thousand  seven 
hundred  dollars. 

For  the  contingent  expenses  of  civil  actions,  as  authorized 
by  section  twenty-four  of  chapter  fourteen  of  the  General 
Statutes,  a  sum  not  exceeding  three  hundred  dollars. 


Adjutant-gen. 
eral,  incidental 
expenses. 
18C6,  219;  1867, 
266. 

Militia  bounty. 
1866,  219:  1867, 
266. 

Military  ac- 
counts. 

1866,  219;  1867, 
266. 

Quartermaster- 
general. 
1866,219;  1867, 
266. 

Rent  of  armo- 
ries. 

1866,219;  1867, 
266. 

Books  of  in- 
struction, &c. 
1866,  219;  1867, 
266. 

Commissioners 
on  State  boun- 
ties. 

1863,  91,  254. 
Soldiers'  ceme- 
teries. 

Res.  1867,  60. 
Surgeon-gen- 
eral, expenses. 
1861,219;  1866, 
219;  1807,266. 
Medical  sup- 
plies. 

1866,219;  1867, 
266. 


State  aid  for 
resident  sol- 
diers. 
1866,  172. 


State  aid  law, 
expenses. 
1866, 172. 


Soldiers'  boun- 
ties. 

1863,  91,  254. 
State  aid  to 
non-resident 
soldiers. 
1866,  172. 


MILITARY. 

For  the  incidental  expenses  and  express  charges  of  the  ad- 
jutant-general, a  sum  not  exceeding  two  thousand  five  hun- 
dred dollars. 

For  militia  bounty,  a  sum  not  exceeding  one  hundred 
twenty-two  thousand  dollars. 

For  military  accounts,  a  sum  not  exceeding  seven  thou- 
sand dollars. 

For  expenses  of  the  bureau  of  the  quartermaster-general, 
a  sum  not  exceeding  six  thousand  dollars. 

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

For  instruction,  orderly  and  roll  books,  a  sum  not  exceed- 
ing two  hundred  and  fifty  dollars. 

For  the  expenses  of  the  commissioners  on  state  bounties, 
a  sum  not  exceeding  one  hundred  and  fifty  dollars. 

For  expenses  of  the  state  commissioner  on  the  soldiers'  na- 
tional cemeteries  at  Gettysburg  and  Antietam,  a  sum  not  ex- 
ceeding one  hundred  and  fifty  dollars. 

For  expenses  of  the  bureau  of  the  surgeon-general,  a  sum 
not  exceeding  five  hundred  dollars. 

For  medical,  surgical  and  hospital  supplies,  and  contin- 
gent expenses  connected  therewith,  the  same  being  for  the 
use  of  the  state  militia,  a  sum  not  exceeding  three  hundred 
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  six  hundred  fifty  thousand 
dollars,  the  same  to  be  payable  on  the  first  day  of  December, 
in  the  year  eighteen  hundred  and  seventy. 

For  expenses  attending  the  administration  of  the  law,  pro- 
viding state  aid  for  Massachusetts  volunteers  and  their  fami- 
lies, a  sum  not  exceeding  five  hundred  dollars. 

For  the  payment  of  bounties  remaining  due  to  Massachu- 
setts soldiers,  a  sum  not  exceeding  eight  thousand  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. 


1870.— Chapter  79,  SI' 

AGRICULTURAL. 

For  bounties  to  agricultural  societies,  a  sum  not  exceeding  ^i°"^g^^*  *°  ®°' 
seventeen  thousand  three  hundred  twenty-nine  dollars  and  o.  s.  ob,  etc. 
forty-four  cents. 

For  the  personal  expenses  of  members  of  the  board  of  ag-  j^gPfber^o/ 
riculture,  a  sum  not  exceeding  one  thousand  two  hundred  board. 

,    „  '  °  G.  S.  16. 

dollars. 

For  the  travelling  expenses  of  the  secretary  of  said  board,  Expenses  of 
all  postages  and  necessary  expenses,  a  sum  not  exceeding  two  board, 
hundred  and  fifty  dollars.  ^  ^^'-  '^^^'  ^^■ 

For  other  incidental  expenses  of  said  board,  a  sum  not  ex-  incidental  ex- 
ceeding one  hundred  and  fifty  dollars.  ci"s.*^i6. 

For  printing  the  report  of  the  board  of  agriculture,  a  sum  Printmg report. 
not  exceeding  twelve  thousand  dollars. 

MISCELLANEOUS. 

To  the  sheriffs  of  the  several  counties,  for  distributing  proc-  ^j^^^'^  ^""s'^ef- 
lamations,  blanks,  and  making  returns  of  votes,  a  sum  not  iffs. 
exceeding  four  hundred  dollars.  •  ■     . 

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

To  the  museum  of  comparative  zoology,  and  to  the  president  ^f"^p"a™athre 
and  trustees  of  Williams  college,  each  twenty-five  thousand  zoology,  wn- 
dollars,  payable  in  accordance  with  the'provisions  of  chapter  '*'"*  "  ^^^' 
sixty-four  of  the  resolves  of  eighteen  hundred  and  sixty-eight. 

For  the  compensation  of  experts  or  other  agents,  and  for  Kaiiroadcom- 
contingent  expenses  of  the  railroad  commissioners,  a  sum  contingent'ex- 
not  exceeding  two  thousand  dollars.  isomo's,  §7. 

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

Approved  March  17,  1870. 
An  Act  in  relation  to  laying  out  streets  in  the  twelfth  and  QJidv)^   79^ 

SIXTEENTH  WARDS  OF  THE  CITY  OF  BOSTON.  ^' 

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

Section  1.     The  board  of  aldermen  of  the  city  of  Boston,  ^;*]:f°y"°^? 
with  the  concurrence  of  the  city  council  of  said  city,  may  streets,  &c ,  in 

tprrito r V  lo r- 

lay  out  such  public  highways  and  streets  in  the  sixteenth  meriy  i;orches- 

ward  of  said  city,  being  the  territory  formerly  constituting  for 'land  taken. 

the  town  of  Dorchester,  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.  The  board  of  aldermen  of  said  city  of  Boston,  stfe^etsf &c.,  in 
may  in  like  manner,  with  the  concurrence  of  the  city  council,  and  souuf  Bay. 


62  .     1870.— Chapters  80,  81,  82. 

lay  out  such  public  highways  and  streets  in  the  twelfth  ward 
in  said  city  and  the  territory  known  as  South  Bay,  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  to  do  so. 

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

Approved  March  17,  1870. 

Chap.     80.   -^^  ^CT  TO  AMEND  AN  ACT   TO  ESTABLISH  THE  POLICE  COURT  OF  HAVER- 
^  '  HILL. 

Be  it  enacted,  Sj'c,  as  follows : 
Court  for  civil  SECTION  1.  Scction  fivc  of  chapter  three  hundred  and  six- 
teen of  the  acts  of  eighteen  hundred  and  sixty-seven  is  here- 
by so  amended  that  the  police  court  of  Haverhill  shall  be 
held  for  civil  business  on  the  first  and  third  Mondays  of  each 
month,  and  on  such  other  days  as  the  standing  justice  of 
said  court  shall  determine. 

Section  2.     This  act  shall  take  effect  on  the  first  day  of 

April  next.  Approved  March  17,  1870. 

ChaV      8 1     "^"^  "^^^  ^*^  INCORPORATE  THE  EXCHANGE  INSURANCE  COMPANY  OF  LYNN. 

Be  it  enacted,  Sj^c,  as  follows  : 

Corporators.         SECTION  1.     Amos  F.  Breed,  Philip  A.  Chace,  David  H. 

Sweetser,  their  associates  and  successors,  are  hereby  made  a 

Name  and  pur-  Corporation,  by  the  name  of  the  Exchange  Insurance  Com- 

^°^^'  pany,  in  the  city  of  Lynn,  for  the  purpose  of  making  insur- 

Poweraanddu-  ^.uce  against  maritime  losses  and  losses  by  fire;  with  all  the 

ties.  powers  and  privileges,  and  subject  to  all  the  duties,  liabilities 

and  restrictions  set  forth  in  all  general  laws  which  are  or 

may  be  in  force  relating  to  such  corporations. 

Capital  stock.         SECTION  2.     Said  Corporation  shall  have  a  capital  stock  of 

one  hundred  thousand  dollars,  with  liberty  to  pay  in  and 

increase  the  same  to  three  hundred  thousand  dollars  :  p7'o- 

vided,  that  such  increase  shall  be  paid  in,  in  cash,  within 

three  years  from  the  passage  of  this  act. 

Keai  estate.  SECTION  3.     Said  Corporation  may  hold  real  estate  for  its 

own  use  to  an  amount  not  exceeding  ten  per  cent,  of  its  paid 

up  capital. 

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

Approved  March  17,  1870. 
Chap.   82.  An  Act  to  incorporate  the  southbridge  mutual  fire  insurance 

COMPANY. 

Be  it  enacted,  ^c,  as  follotvs  : 
Corporators.  SECTION  1.     Manning  Leonard,  Samuel  M.  Lane,  Chester 

A.  Dresser,  their  associates  and  successors,  arc  hereby  made 


lb.70.— Chapters  83,  84.  63 

a  corporation  by  the  name  of  the  Southbridge  Mutual  Fire  Name  and  pur- 
Insurance  Company,  to  be  located  in  the  town  of  South- 
bridge,  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  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  corpo- 
rations. 

Section  2.     Policies  of  insurance  may  be  issued  on  prop-  Policies  on 

n   r~i  •  property  in 

erty  situated  m  the  state  oi  Connecticut.  Connecticut. 

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

Approved  March  17,  1870. 

An  Act  TO  rNCORPORATE  THE  TAUNTON  mSUKAJSrCE  COMPANT.  Ckcip.    83. 

Be  it  enacted,  ^'c,  as  follows  : 

Section  1.     William  Mason,  John  E    Sanford,  Harrison  corporators. 
Tweed,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Taunton  Insurance  Company,  Name  and  pur- 
in  the  city  of  Taunton,  with  power  to  insure  against  loss  or  ^°^^' 
damage  by  fire,  the  perils  of  the  sea  and  other  perils  usually 
insured  against  by  marine  insurance  companies,  including 
risks  of  inland  navigation  and  transportation  ;  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  are  or 
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  an  amount  not  exceeding  five  hundred 
thousand  dollars:  provided,  that  such  increase  of  capital 
shall  be  paid  in,  in  cash,  within  three  years  from  the  passage 
of  this  act. 

Section  3.     Said  corporation  may  hold  real  estate  for  its  Real  estate. 
own  use  to  an  amount  not  exceeding  ten  per  centum  of  its 
paid  up  capital.  Approved  March  17,  1870. 

An  Act  to  incorporate  the  Hibernian  friendly  society  of  mar-  Chap.  84. 

BLEIIEAD. 

Be  it  enacted,  Sfc,  as  follows: 

Section  1.     Charles  Rainoni,  James  H.  McCool,  William  corporators. 
Fabens,  their  associates  and  successors,  are  hereby  made  a 
corporation,  to  be  located  in  Marblehead,  by  the  name  of  the  Name  and  pur- 
Hibernian  Friendly  Society  of  Marblehead,  for  benevolent  ^°^® 
and  charitable  purposes ;  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  relating  to  such  corporations. 


64  1870.^Chapters  85,  86. 

scTnaiTstatr'  SECTION  2.  Said  Corporation  may  hold  real  and  personal 
estate  of  a  value  not  exceeding  twenty-five  thousand  dollars, 
for  its  corporate  purposes. 

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

Approved  March  17,  1870. 

Chap.  85.         -A-N  Act  to  incorporate  the  wellesley  female  seminary. 
Be  it  enacted,  Sfc,  as  foUoios : 

Corporators.  SECTION  1.     William    Claflin,   Edward   N.    Kirk,   Abner 

Kingman,  their  associates  and  successors,  are  hereby  made  a 

Name  and  pur-  Corporation  by  the  name  of  The  Wellesley  Female  Seminary, 
with  power  to  establish  and  maintain  an  institution  for  the 

Powers  and  du-  education  of  youth  in  the  town  of  Needham  ;  with  all  the 

*'^^"  rights  and  powers  and  subject  to  all  the  duties  and  liabilities 

set  forth  in  chapter  sixty-eight  of  the  General  Statutes,  so 
far  as  the  same  may  be  applicable  to  such  corporations. 

wmaustatr*  SECTION  2.  Said  Corporation  may  hold  in  fee  simple,  or 
any  less  estate  by  gift,  grant,  bequest  or  otherwise,  any  lands, 
tenements  or  other  estate,  real  or  personal,  to  an  amount  not 
exceeding  six  hundred  thousand  dollars,  and  administer  the 
same  to  promote  the  objects  of  said  corporation  in  conformi- 
ty with  the  conditions  of  and  the  trusts  created  by  the  deed 
of  gift  or  will  of  any  donor  who  may  convey  or  bequeath  any 
such  estate  to  said  corporation. 

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

Approved  March  17,  1870. 

Chcip.     86.  ■^^  ^^^   ^^   incorporate  the  CROCKER  PAPER  COMPANY. 

Be  it  enacted,  Sj-c,  as  follows: 

Corporators.  SECTION  1.  Alvah  Crocker,  Charles  T.  Crocker  and 
George  T.  Fay,  their  associates  and  successors,  are  hereby 
made  a  corporation,  in  the  towns  of  Fitchburg  and  Mon- 
Name  and  pur-  taguc,  by  the  name  of  the  Crocker  Paper  Company,  for  the 
Powers  and  du-  purposc  of  manufacturing  paper  in  all  its  varieties ;  with  all 
ties.  the  powers   and  privileges,  and  subject  to  all  the  duties, 

restrictions  and  liabilities  set  forth  in  all  general  laws  which 
now  are  or  hereafter  may  be  in  force  relating  to  such  corpo- 
rations. 
Capital  stock  SECTION  2.  Said  Corporation  shall  have  a  capital  stock  of 
seven  hundred  thousand  dollars,  divided  into  shares  of  one 
hundred  dollars  each. 

Section  3.  Said  corporation  may  commence  business 
when  two  hundred  thousand  dollars  shall  have  been  sub- 
scribed and  paid  in,  in  cash. 

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

Approved  March  17,  1870. 


and  shares. 


1870.— Chapters  87,  88.  65 

An  Act  to  incorporate  the  east  boston  land  improvement  com-  QhriYf     §7 

PANY.  "' 

Be  it  enacted,  Sfc.,  as  follows: 

Section  1.     Thomas  Russell,  John  C.  Crowley,  Rowland  corporators. 
Worthington,  their   associates   and   successors,   are   hereby 
made  a  corporation  by  the  name  of  the  East  Boston  Land  Name  and  pur- 
Improvement  Company  ;  with  all  the  powers  and  privileges,  powers  and  du- 
and  subject  to  the  duties,  liabilities  and  restrictions  set  forth  *'*^®' 
in  the  sixty-eighth  chapter  of  the  General  Statutes  and  acts 
in  addition  thereto. 

Section  2.  Said  corporation  may  purchase,  hold  and  con-  May  hold  and 
vey  the  whole  or  any  part  of  certain  marsh  lands  and  flats  In  K*Boston. 
not  to  exceed  in  amount  one  hundred  and  thirty  acres,  situ- 
ated in  that  part  of  Boston  known  as  East  Boston,  and 
oomprised  for  the  most  part,  in  what  is  known  as  the 
"  Basin ; "  and  may  grade,  drain,  fill  up  and  improve 
the  same  and  divide  the  proceeds  thereof  among  the  stock- 
holders, after  paying  the  debts  of  the  corporation. 

Section  3.     The  capital  stock  of  said  corporation  shall  not  capital  stock 
exceed  five  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,  in  cash,  on  each,  than  the  par  value  of  said 
shares. 

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

Approved  March  17,  1870. 
An  Act  in  addition  to  an  act  to  incorporate  the  tremont  improve-  Chap.   88. 

MENT  COMPANY. 

Be  it  enacted,  Sfc-,  as  follows: 

Section  1.     The  Tremont   Improvement   Company   may  May  how  and 
purchase,  hold  a'nd  convey  any  part  of  the  marsh  and  vacant  iiriJoTton  and 
lands  situate  partly  in  Boston  and  partly  in  Brookline,  and  ^'■^o'^''"®- 
lying  between  Tremont  Street  and  Beacon  Street,  and  may 
grade,  drain  and  improve  said  lands  and  hold  or  divide  the 
same,  or  the  proceeds  thereof  among  the  stockholders  ;  with 
all  the  powers  and  privileges  in  regard  to  such  lands,  and 
subject  to  all  the  duties,  liabilities  and  restrictions,  granted 
to  or  imposed  upon  them  by  the  act  of  incorporation :  pro-  Proviso. 
vidcd,  however,  the  whole  amount  of  land   held   by  said 
company  shall  not  exceed  the  number  of  acres  to  which  they 
were  limited  by  their  act  of  incorporation. 

Section  2.     All  streets  or  ways  laid  out  by  said  corpora-  streets  to  be 
tion  on  its  lands,  shall  be  laid  out  and  constructed  with  the  dTrection  of^"^ 
approbation,  and  under  the  direction  of  the  commissioners  on'^™buc?andl 
on  public  lands  ;  and  the  sewers  and  drains  which  said  cor-  sewers,  drains, 
poration  may  construct,  shall  be   constructed  under   the  ^*^' 


66  1870.— Chapters  89,  90. 

direction  of  the  mayor  and  aldermen  of  the  city  and  of  the 
selectmen  of  the  town  in  which  the  same  may  be  located. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  17, 1870. 
Chap.    89.  An    Act  to  authorize    the  dorchester   gas  light  company    to 

INCREASE  ITS   CAPITAL  STOCK. 

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

fifnAi  «l^^tal'        Section  1.     The  Dorchester  Gas  Light  Company  is  hereby 
stock.  authorized  to  increase  its  capital  stock  to  the  amount  of  two 

Proviso.  hundred  and  fifty  thousand  dollars  :  provided^  that  any  such 

additional  stock  shall  be  divided  into  shares  of  one  hundred 
dollars  each,  and  that  the  par  value  of  each  share  shall  be 
paid  in,  in  cash,  whenever  any  increase  shall  take  place,  said 
increase  to  be  made  at  such  times  and  in  such  sums  as  th* 
directors  may  determine. 

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

Approved  March  17,  1870. 


Chap.  90. 


An  Act  to  authorize  the  mansfield  and  eramingham  railroad  com- 
pany TO  LEASE  ITS  ROAD,  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  S)'c.,  as  follows  : 
May  lease  road       SECTION  1.     The   Mausficld    and    Framingliam   Railroad 
ciintonTnd       Company  is  hereby  authorized  to  lease  its  road  and  franchise, 
foad'corapMyi  ^r  any  part  thereof,  to  the  Boston,  Clinton  and  Fitchburg 
or  roads  may  be  Railroad  Company,  which  is  hereby  authorized  to  hire  the 
same,  and  said  corporations  may  at  any  time  hereafter  by  a 
vote  of  a  majority  in  interest  of  the  stockholders  present  and 
voting  at  meetings  of  each  corporation  called  for  that  pur- 
pose, unite  and  make  joint  stock  upon  such  terms  and  condi- 
tions as  may  be  mutually  agreed  upon,  and  such  votes  so 
passed  by  said  corporations  respectively  shall  be  effectual  to 
unite  said  corporations  within  the  intent  and  meaning  of  this 
act. 
Powers  and  du-      SECTION  2.     The  Corporation   so  formed  shall  have,  hold 
and   possess   all   the   powers,   privileges,  rights,  franchises, 
property,  claims  and  demands,  which  at  the  time   of  such 
union  may  be  held  and  enjoyed  by  either  of  said  existing 
corporations,  and  be  subject  to  all  the  duties,  restrictions, 
debts  and  liabilities  to  which  at  the  time  of  union  either  is 
subject  in  severalty. 

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

Approved  March  17,  1870. 


ties  of  new 
corporation 


1870.— Chapters  91,  92.  67 

An  Act  to  authorize  the  Worcester  and  nashua  railroad  com-   QJi^p^    91. 

PANY  TO   CONSTRUCT  AN  ADDITIONAL  TRACK  AND  SUBSCRIBE  FOR  CER-  ^* 

TAIN  RAILROAD   STOCK. 

Be  it  enacted,  ^'c,  asfolloivs  :  * 

Section  1.    The  Worcester  and  Nashua  Eailroad  Company  ^^uton^'^'^"* 
is  hereby  authorized  to  construct  and  maintain  an  additional  track. 
track  by  the  side  of  the  tracks  of  its  main  railroad  and 
branches,  commencing  at  its  points  of  intersection  with  other 
railroads  in  the  city  of  Worcester  and  extending  to  the  state 
line  in  the  town  of  Dunstable,  or  for  any  part  of  the  distance 
between  said  termini ;  and  for  that  purpose  may  take  such  May  take^iajid, 
land  and  materials  as  the  board  of  railroad  commissioners,  rection  of  rau- 
upon  due  examination,  shall  find  to  be  necessary.  sfoner^.™""^ 

Section  2.     Said  corporation  shall  file  a  description,  ap-  Description  of 
proved,and  endorsed  by  the  board  of  railroad  commissioners,  befliedwuh 
of  the  location  of  any  land  taken  under  authority  of  this  act,  sfolfir^,  witwn^' 
with  the  commissioners  of  the  county  in  which  the  same  lies,  t^o  y^^^'^- 
within  two  years  from  the  passage  of  this  act. 

Section  3.  Said  corporation  shall  pay  all  damages  occa-  ^^y^^^^^  ^'^  ^^ 
sioned  by  the  construction  of  said  additional  track  and  the 
taking  of  any  land  or  materials  as  herein  authorized  ;  and  all 
the  provisions  of  the  general  laws  applicable  to  damages  oc- 
casioned by  anything  done  under  authority  of  section  nine- 
teen of  chapter  sixty-three  of  the  General  Statutes  shall  be 
applicable  to  damages  occasioned  by  anything  done  under 
authority  of  this  act. 

Section  4.     Said  corporation  may  subscribe  for  and  hold  ?,^'^^aliiua  ^d^ 
shares  in  the  capital  stock  of  the  Nashua  and  Rochester  Rail-  Rochester  Rail- 
road Company  to  an  amount  not  exceeding  two  hundred  ^^^     ompany. 
thousand  dollars :  provided,  that  said  corporation  by  a  ma-  Proviso, 
jority  vote  on  the  stock  represented,  at  a  meeting  of  its  stock- 
holders duly  called  for  the  purpose,  shall  vote  so  to  do. 

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

Approved  March  17,  1870. 

An  Act  for  the  protection  of  destitute  children.  Ch(ip.    92. 

Be  it  enacted,  ^c,  as  follows : 

Section  1.     Whenever  the  town,  city  or  state  authorities  ^j^rft^ue^insti 
charged  with  the  custody  of  destitute  children  shall  delegate  tutions  delega- 
te the  directors  or  managers  of  any  charitable  institution  in-  &c',i/ith  charge 
corporated  by  law  the  custody  of  an  infant  less  than  four  chifdren^to 
years  of  age.  the  said  directors  or  managers  shall  be  held  to  comply  with 

1  •I'n.i  ••  f>i  11  1  '      I    A        11   laws  governing 

comply  with  all  the  provisions  oi  law,  and  be  subject  to  all  city  authorities. 
the  restrictions  concerning  such  infant,  that  may  be  required 
by  law  of  the  authorities  so  delegating  the  trust. 

Section  2.     When  the  parents,  surviving  parent,  or  guar-  consent  of  di- 

d,  .^,  .  •     T    •  r«  •    o      L  -I        J.       1         rectors  to  adop- 

lan,  where  neither  parent  is  livmg,  oi  an  miant  under  twelve  tionof  children 


68 


18T0.— Chapter  93. 


to  have  same 
effect  as  publi- 
cation under 
G.  S.  no,  §  40. 


Proviso. 


Suitable  per- 
sons may  be 
agreed  with  for 
care  and  sup- 
port of  children 
abandoned  by 
parents. 


Form  of  agree- 
ment to  be  pre- 
scribed by 
board  of  state 
charities. 


Provisos. 


years  of  age,  shall,  by  an  instrument  in  writing,  acknowledged 
before  some  one  having  the  powers  of  a  justice  of  the  peace, 
delegate  to  the  directors  or  managers  of  any  incorporated 
charitable  institution  authorized  to  accept  the  same,  the  cus- 
tody of  such  infant,  and  renounce  all  future  control  over  the 
same,  the  consent  of  the  directors  or  managers  of  such  insti- 
tution to  the  adoption  of  such  child  according  to  the  general 
laws  regulating  adoption  shall  have  the  same  effect  as  publi- 
cation under  the  fortieth  section  of  chapter  one  hundred  and 
ten  of  the  General  Statutes :  provided,  further,  that  a  copy 
of  the  written  consent  shall  be  spread  on  the  record  of  the 
case  of  adoption,  and  the  decree  of  the  judge  be  recorded  in 
the  probate  court  in  the  county  from  whence  the  child  was 
taken  by  the  managers,  and  in  the  county  where  the  decree 
is  made.  •   • 

Section  3.  When  any  infant  lawfully  in  the  custody  of 
a  charitable  institution  as  aforesaid,  has  been  wilfully  deserted 
and  abandoned  for  more  than  four  months  by  its  parents  or 
natural  guardians,  the  authorities  of  such  institution  may 
procupe  any  suitable  person  in  this  Commonwealth  to  take 
and  support  such  child  for  such  time  as  may  be  specified  in  a 
written  agreement  made  for  that  purpose,  not  exceeding  the 
time  when  the  child  shall  be  fourteen  years  old.  The  form 
and  conditions  of  such  agreement  shall  be  prescribed  by  the 
board  of  state  charities,  and  said  agreement,  with  a  descrip- 
tive list  of  the  origin,  name,  age  and  person  of  the  infant,  so 
far  as  known,  and  the  name  and  residence  and  recommenda- 
tions of  the  person  taking  the  child  shall  be  returned  to  the 
board  of  state  charities  in  such  form  as  they  may  prescribe : 
provided,  further,  that  all  children  within  the  purview  of  this 
act,  except  those  named  in  section  two,  shall  be  subject  to  the 
visitation  and  control  now  provided  by  the  general  laws  for 
children  put  out  or  apprenticed  from  state  institutions  :  pro- 
vided, furthPA',  that  nothing  herein  contained  shall  diminish 
the  legal  rights  which  parents,  guardians  and  next  of  kin 
now  have. 

Section  4.  All  acts  and  parts  of  acts  repugnant  to  the 
provisions  of  this  act  are  hereby  repealed. 

Approved  March  19,  1870. 


Chap.     93.   An  Act  TO  AUTHORIZE  CITIES  AND  TOWTSrS  TO   PURCHASE  WATER-RIGHTS. 

Be  it  enacted,  §'c.,  as  follows : 
Cities,  &c.,  may      SECTION  1.    Any  city  or  towu  in  this  Commonwealth  may, 

Durcliiiso  rifiTlit  •/  •/  */  * 

to  supply  imre   for  the  purposc  of  Supplying  pure  water  to  its  inhabitants, 

habitan'ts**  ^"    purchasc  of  any  aqueduct  company,  or  of  any  municipal  or 

other  corporation,  now  existing,  or  that  may  hereafter  be  or- 


1870.— Chapter  93.  69 

ganized  under  any  special  charter  or  general  law  of  this  Com- 
monwealth, the  right  to  take  water  from  any  of  its  sources 
of  supply  or  from  pipes  leading  therefrom  ;  or  may  purchase 
its  whole  water-rights,  estates,  properties,  franchises  and  priv- 
ileges, and  by  such  latter  purchase  become  entitled  to  all  the 
rights  and  privileges  and  subject  to  all  the  duties  and  liabili- 
ties appertaining  and  belonging  to  said  company  or  corpora- 
tion :  pro  videcL  however,  that  no  city  shall  exercise  such  —not  to  pur- 
authority  to  purchase  without  the  consent  of  two-thirds  of  consent  of  two- 
each  branch  of  its  city  council,  sanctioned  and  ratified  by  a  couuciror'^ma- 
majority  of  the  voters  of  said  city,  present  and  voting  thereon  J^^^y  °f  ^•^i^*^*" 
at  a  legal  meeting  duly  called  in  their  several  ward-rooms 
for  that  purpose,  and  at  which  the  check-list  shall  be  used  ; 
and  provided^  further ^  that  no  town  shall  exercise  such  au- 
thority to  purchase  without  the  consent  of  a  majority  of  its 
selectmen,  sanctioned  and  ratified  by  a  majority  of  the  voters 
of  said  town,  present  and  voting  thereon  at  a  legal  meeting 
duly  called  for  that  purpose,  and  at  which  the  check-list  shall 
be  used. 

Section  2.     Any  city  or  town  which  shall  make  such  pur-  ^"^^'j^^"| 
chase,  may  issue  bonds  in  payment  thereof,  at  a  rate  of  in-  ment,  redeem- 
terest  not  exceeding  seven  per  cent.,  payable  semi-annually,  years!^  ^^^ ' 
and  redeemable  at  some  time  not  exceeding  twenty  years 
from  the  date  thereof. 

Section  3.    Any  city  or  town  which  shall  make  such  pur-  --may  issue  ad- 

inr  -1  p-1  c  (litional  bonds 

chase  and  issue  bonds  as  aioresaid,  may,  tor  the  purpose  oi  for  laying  pipes, 
purchasing  materials,  laying  pipes,  and  doing  other  work  ^'^' 
necessary  in  order  to  supply  its  inhabitants  with  pure  water 
for  domestic  uses,  or  for  extinguishment  of  fires,  issue  addi- 
tional bonds  similar  to  those  heretofore  specified :  provided,  Proviso. 
the  whole  amount  issued  under  this  and  the  preceding  sec- 
tion does  not  exceed  ten  per  cent,  of  its  valuation. 

Section  4.     In  case  the  water  should  be  brought  through  J]j|?o,'gifanoth- 
another  city  or  town,  pipes  may  be  laid  through  such  streets  *■'■  l°f ."•'/ ^^gj. 
and  highways  of  said  city  or  town  as  shall  be  designated  by  direction  of  se- 
the  may  or. and  aldermen,  or  selectmen  thereof;  and  the  party  LlaMuty  fo*r 
exercising  the  privilege  of  laying  pipes  under  such  permis-  damages. 
*sion,  shall  be  liable  in  an  action  of  contract  or  tort,  for  all 
damages  to  any  party  damnified  thereby. 

Section  5.     All  purchase-money  received  by  any  city  or  Pij^f^ch^ase-^^  ^^ 
town  under  or  by  authority  of  the  provisions  of  this  act,  piied  to  pay- 
shall  be  applied  to  the  payment  of  its  water- debt ;  or,  if  no  dlbt.  ° 
such  debt  exists,  then  into  the  general  treasury  of  such  city 
or  town.  Approved  March  19, 1870. 


70 


1870.— Chapters  94,  95. 


Chap.  94. 


Amendment  to 
1863,  91,  §  5. 


Chap.  95. 

Corporators. 


Name  and  pur- 
pose. 

Powers  and  du- 
ties. 


May  take  water 
from  Pearl  Hill 
and  Punch 
Brooks,  in 
Fitchburg  and 
Lunenburg. 

May  take  land. 


To  file  descrip- 
tion of  land 
taken  in  regis- 
try of  deeds. 


May  build  nque- 
ducts,  drains, 
&c. 


An  Act  relating  to   the  sinking  fund  established  by  chapter 
ninety-one  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-three. 
Be  it  enacted,  ^'c,  as  follows  : 

Section  1.  So  much  of  section  five  of  chapter  ninety-one 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-three  as 
provides  that  one-tenth  part  of  the  amount  drawn  from  the 
bounty  fund  established  by  said  act  shall  be  raised  by  taxa- 
tion in  each  year,  is  hereby  repealed. 

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

Approved  March  19,  1870. 

An  Act  for  supplying  the  town  of  fitchburg  with  pure  water. 
Be  it  enacted.)  ^c,  as  follows : 

Section  1.  Alvah  Crocker,  Ebenezer  Torrey,  Moses  G. 
Lyon,  their  associates  and  successors,  are  hereby  made  a  cor- 
poration under  the  name  of  the  Fitchburg  Water  Company, 
for  the  purpose  of  furnishing  the  inhabitants  of  said  town 
with  pure  water ;  with  all  the  powers  and  privileges,  and 
subject  to  all  the  duties,  restrictions  and  liabilities  set  forth 
in  all  general  laws  which  are,  or  may  be  hereafter  in  force, 
so  far  as  the  same  are  applicable  to  this  corporation. 

Section  2.  Said  corporation,  for  the  purpose  aforesaid, 
may  take,  hold  and  convey,  to,  into  and  through  said  town, 
the  waters  of  Pearl  Hill  Brook,  or  Punch  Brook,  or  both,  in 
the  towns  of  Fitchburg  and  Lunenburg,  together  with  the 
tributary  waters  which  flow  to  either  in  said  towns ;  and  may 
take  and  hold  by  purchase  or  otherwise,  such  land,  on  and 
around  the  margin  of  such  brook  or  brooks,  or  tributaries, 
not  exceeding  five  rods  in  width,  as  may  be  necessary  for  the 
preservation  and  purity  of  said  waters ;  and  may  also  take 
and  hold  in  like  manner,  such  lands  as  may  be  necessary  for 
erecting  and  maintaining  dams  and  reservoirs,  and  for  laying 
and  maintaining  conduits,  pipes,  drains  and  other  works,  for 
collecting,  conducting  and.  distributing  such  waters  through 
said  town  of  Fitchburg.  The  said  corporation  shall,  within 
sixty  days  from  the  time  of  taking  any  land  as  aforesaid,  file 
in  the  registry  of  deeds  for  the  county  of  Worcester,  a  descrip- 
tion of  land  so  taken,  sufficiently  accurate  for  identification, 
and  state  the  purpose  for  which  it  is  taken. 

Section  3.  The  said  corporation  may  build  aqueducts, 
and  maintain  the  same,  by  any  works  suitable  therefor  ;  may 
erect  and  maintain  dams;  may  make  reservoirs  and  hydrants, 
and  may  distribute  the  water  throughout  the  town  of  Fitch- 
burg, by  laying  down  pipes,  and  may  establish  the  rent  there- 
for. Said  corporation  may  also,  for  the  purposes  aforesaid, 
carry  its  pipes  and  drains  over  or  under  any  water-course, 


1870.— Chapter  95.  71 

street,  railroad,  highway,  or  other  way,  in  such  manner  as 

not  to  obstruct  the  same ;  and  may  enter  upon  and  dig  up  ^'[f/gjYty^^tl® 

any  road,  under  the  direction  of  the  selectmen  of  the  town  water-course' 

of  Fitchburg,  in  such  manner  as  to  cause  the  least  hindrance  ^'^' 

to  the  travel  thereon. 

Section  4.  The  said  corporation  shall  be  liable  to  pay  all  Jges^fo^r  fanT 
damages  that  shall  be  sustained  by  any  persons  in  their  prop-  taken, 
erty  by  the  taking  of  any  land,  water,  or  water-rights,  or  by 
the  constructing  of  any  aqueducts,  reservoirs,  or  other  works 
for  the  purposes  aforesaid.  If  any  person  who  shall  sustain 
damage  as  aforesaid,  cannot  agree  with  said  corporation  upon 
the  amount  of  said  damages,  he  may  have  them  assessed  in 
the  same  manner  as  is  provided  by  law,  with  respect  to  land 
taken  for  highways ;  and  all  damages  for  the  taking  of  lands 
for  the  purposes  aforesaid  shall  be  paid  for  by  said  corpora- 
tion, before  entering  upon  such  lands. 

Section  5.     No  application  shall  be  made  to  the  county  Application  for 
commissioners  for  the  assessment  of  damages  for  the  taking  water-rights 
of  any  water-rights  until  the  water  is  actually  withdrawn,  or  *'^"'®°" 
diverted  by  said  corporation.    Any  person  whose  water-rights 
are  thus  taken,  or  affected,  may  apply  as  aforesaid,  at  any 
time  within  one  year  from  the  time  when  the  water  is  actually 
withdrawn  or  diverted. 

Section  6.     The  said  corporation  may  hold  for  the  pur- $50,000  in  real 
poses  aforesaid,  real  estate  to  the  amount  of  fifty  thousand 
dollars  ;  and  its  whole  capital  stock  shall  not  exceed  two  hun-  Capital  stock 
dred  thousand  dollars,  which  shall  be  divided  into  shares  of  ^^ 
one  hundred  dollars  each. 

Section  7.     Any  person  who  shall  maliciously  divert  the  Penalties  for 

_.,  i-iinij.i  maliciously  di- 

water,  or  any  part  thereof,  of  the  sources  which  shall  be  taken  verting  waters 
by  the  corporation,  pursuant  to  the  provisions  of  this  act,  or  tiie*^same!^'°^ 
who  shall  maliciously  corrupt  the  same,  or  render  it  impure, 
or  who  shall  maliciously  destroy,  or  injure  any  dam,  or  res- 
ervoir, aqueduct,  pipe  or  hydrant,  or  other  property  held, 
owned,  or  used  by  said  corporation,  for  the  purposes  of  this 
act,  shall  pay  three  times  the  amount  of  actual  damages  to 
the  said  corporation,  to  be  recovered  in  an  action  of  tort; 
and  every  such  person,  on  conviction  of  either  of  the  mali- 
cious acts  aforesaid,  shall  be  punished  by  fine,  not  exceeding 
one  hundred  dollars,  and  imprisonment,  not  exceeding  six 
months. 

Section  8.    The  town  of  Fitchburg  may  at  any  time  within  J^,'*^'^^^"^?  ™7 
one  year  from  the  passage  of  this  act,  assume  all  its  rights  of  corporators 
and  privileges  from  the  corporators  aforenamed:  provided,  a  ^ear"''^"'^ 
majority  of  the  legal  voters  thereof,  present  and  voting,  shall  Proviso, 
so  determine,  at  any  legal  meeting  held  for  the  purpose. 


72 


1870.— Chapter  96. 


— may  issue  wa- 
ter scrip,  not 
exceeding 
$200,000,  at 
seven  per  cent. 
interest. 


Powers,  duties, 
liabilities,  &c. 


Chap.  96. 


$225,000  addi- 
tional capital 
stock. 


Real  estate. 


Section  9.  For  the  purpose  of  defraying  the  cost  of  such 
property,  lands,  water  and  water-rights,  as  shall  be  purchased 
for  the  purposes  aforesaid,  the  town  of  Pitchburg,  through  its 
treasurer,  shall  have  authority  to  issue  from  time  to  time, 
notes,  scrip,  or  certificates  of  debt,  to  be  denominated  on  the 
face  thereof  "Fitchbiirg  Water  Scrip,"  to  an  amount  not  ex- 
ceeding two  hundred  thousand  dollars,  bearing  interest  at  a 
rate  not  exceeding  seven  per  centum  per  annum ;  which  in- 
terest shall  be  payable  semi-annually,  and  the  principal  shall 
be  payable  at  periods  not  more  than  twenty  years  from  the 
issuing  of  said  scrip,  notes,  or  certificates  respectively.  Said 
treasurer,  under  the  authority  of  said  town,  may  sell  the 
same,  or  any  part  thereof,  from  time  to  time,  or  pledge  the 
same  for  money  borrowed  for  the  purposes  aforesaid,  on  such 
terms  and  conditions  as  he  may  deem  proper.  Said  town  is 
further  authorized  to  make  appropriations,  and  assess  from 
time  to  time,  such  amounts,  not  exceeding  in  one  year  the 
sum  of  ten  thousand  dollars,  towards  paying  the  principal  of 
the  money  so  borrowed,  and  also  a  sum  sufficient  to  pay  the 
interest  thereof,  in  the  same  manner  as  money  is  assessed  and 
appropriated  for  other  town  purposes. 

Section  10.  In  case  the  town  of  Fitchburg  shall  assume 
from  the  corporators  the  property,  rights  and  privileges  of 
the  corporation  established  by  this  act,  said  town  shall  exer- 
cise all  the  rights,  powers  and  authority,  and  be  subject  to  all 
the  restrictions,  duties  and  liabilities  herein  contained,  in 
such  manner,  and  by  such  officers,  servants  and  agents  as  the 
selectmen  shall  from  time  to  time  ordain,  appoint  and  direct; 
and  said  town  shall  be  liable  to  pay  all  damages  occasioned 
by  the  diversion  of  any  water,  or  the  obstruction  of  any 
stream,  or  the  flowing  of  any  lands  for  the  purposes  of  said 
aqueduct,  which  shall  not  have  been  previously  paid  by  said 
corporation.  Approved  March  19,  1870. 

An  Act  to  increase  the  capital  stock  of  the  proprietoes  of  the 

ODD  fellows  hall  IN  THE  CITY  OF  BOSTON. 

Be  it  enacted,  c^c,  as  follows  : 

Section  1.  The  proprietors  of  the  Odd  Fellows  Hall,  in 
the  city  of  Boston,  are  hereby  authorized  to  increase  their 
capital  stock  by  the  sum  of  two  hundred  and  twenty-five 
thousand  dollars,  and  to  hold  real  estate  to  the  value  of  two 
hundred  thousand  dollars  in  addition  to  the  amount  they  are 
now  authorized  to  hold. 

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

Approved  March  19,  1870. 


1870.— Chapters    97,  98.  73 

An  Act  to  authorize  the  pocasset  manufacturing  company  to  con-  QJiq^^     97 

struct  a  wharf  in  fall  river.  ^' 

Be  it  enacted,  8fc.,  as  follows: 

Section  1.     License  is  hereby  given  to  the  Pocasset  Manu-  May  buiid 
facturing  Company  to  construct  and  maintain  a  wharf  from  luver. 
a  lot  of  land  now  owned  by  the  said  corporation,  in  the  city  of 
Fall  River ;  said  wharf  not  to  exceed  the  width  of  said  lot  of 
land,  and  not  to  extend  beyond  the  channel  of  the  river: 
provided,  that  all  things  done  under  this  act  shall  be  subject  subject  to  con- 
to  the  determination  of  the  board  of  harbor  commissioners  as  commis^foners. 
provided  by  section  four  of  chapter  one  hundred  and  forty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  sixty-six  ; 
and  provided,  that  this  license  shall  in  no  wise  impair  the  proviso, 
legal  rights  of  any  person,  that  it  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  erected  under  the  same. 

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

Approved  March  19,  1870. 
An  Act  to  authorize  richard  r.  freeman  and  others  to  construct  Qfiap.    98. 

A  WHARF  IN  WELLFLEET.  "' 

Be  it  enacted,  Sj-c,  as  follows  : 

Section  1.     License  is  hereby  given  to  Richard  R.  Free-  ^^^y  ^".i^<L.  „ 

whuri  in  well- 

man  and  others  to  build  and  maintain  a  wharf  from  their  fleet. 
own  land  in  the  town  of  Wellfleet ;  said  wharf  not  to  exceed 
four  hundred  feet  in  width,  and  one  thousand  feet  in  length, 
with  a  right  to  lay  vessels  at  the  end  and  sides  of  said  wharf, 
and  to  receive  wharfage  and  dockage  therefor :  provided,  how- 
ever, that  such  wharf  shall  not  extend  beyond  such  line  as 
the  harbor  commissioners  may  designate  ;  and  that  all  things  subject  to  con- 
done under  this  act  shall  be  subject  to  the  determination  and  commissioners. 
approval  of  the  board  of  harbor  commissioners,  as  provided 
by  section  four  of  chapter  one  hundred  and  forty-nine  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-six  ;  and  pro-  Provisos. 
vided,  that  this  license  shall  in  no  wise  impair  the  legal  rights 
of  any  person :  and  provided,  fvrlher,  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  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  March  19,  1870. 
10 


74  1870.— Chapters  99,  100. 

r^nnr,      QQ     An  ACT  TO   AUTHORIZE   THOMAS  J.  BUNBAK   TO   CONSTRUCT  A  WHARF  IN 

oy^op.  yy.  weymouth. 

Be  it  enacted,  §"c.,  as  follows  : 

wharf'inVey-       SECTION  1.     LiceiisG  is  hereby  given  to  Thomas  J.  Dunbar 

mouth.  to  construct  and  maintain  a  wharf  on  his  land  in  Weymouth, 

situated  on  the  easterly  bank  of  Weymouth  fore  river,  at  or 

near  "  Pine  Point "  so  called,  and  extending  from  high-water 

wash  so  far  as  will  enable  him  to  obtain  an  average  depth  of 

eight  feet  of  water  at  mean  low  water  at  the  end  of  said  pier  : 

provided^  that  said  end  of  said  pier  shall  not  be  more  than 

two  hundred  seventy-five  feet  from  the  main  land,  nor  extend 

beyond  the  base  of  the  abrupt  bank  along  the  edge  of  the  chan- 

subject  to  con-   nel ;  also,  provided,  that  all  things  done  under  this  act  shall 

trol  01  liirbor  /  7  j  j  cd 

commissioners,  be  subjcct  to  the  determination  and  approval  of  the  harbor 

commissioners  as  provided  in  the  fourth  section  of  chapter 

'one  hundred  and  forty-nine  of  the  acts  of  the  year  eighteen 

Provisos.  hundred  and  sixty-six ;  and  provided,  that  this  license  shall 

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  in  so  far  as  valuable  structures  may  have  been  actu- 
ally and  in  good  faith  built  under  the  same. 

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

Approved  March  1^,19)10. 
Chap.  100  An  Act  to  incorporate  the  attleborough  branch  railroad  com- 

Be  it  enacted,  §'c.,  as  follows : 
Corporators.  SECTION  1.     Haudcl  N.  Daggett,  Henry  F.  Barrows,  Ste- 

phen Richardson,  their  associates  and  successors,  are  hereby 
Name  and  pur-  made  a  Corporation  by  the  name  of  the  Attleborough  Branch 
Powers  and  du-  Railroad  Company  ;  with  all  the  rights,  powers  and  privileges, 
**^^-  and  subject  to  all  the  duties,  restrictions  and  lia!3ilities  set 

forth  in  the  general  laws  which  now  are  or  hereafter  may  be 
in  force  relating  to  railroad  corporations. 
Location.  SECTION  2.     Said  Corporation  may  locate,  construct,  main- 

tain, and  operate  a  railroad,  with  one  or  more  tracks,  com- 
mencing at  such  convenient  point  on  or  near  the  railroad  of 
the  Boston  and  Providence  Railroad  Corporation,  as  it  may 
select  in  that  part  of  Attleborough  called  East  Attleborough, 
thence  running  in  a  north-westerly  direction  to  some  con- 
venient point  in  North  Attleborough,  so  called. 
May  "nite  with      SECTION  3.     Said  Corporation  may  enter  with  its  road  upon, 
Providence  and  Unite  tlic  samc  witli,  and  use  the  railroads  of  the  Boston  and 
BraiichKau-      Provideucc  Railroad  Corporation,  and  the  Taunton  Branch 
roads.  Railroad  Corporation,  and  the  said  Boston  and  Providence 

Railroad  Corporation,  and  the  said  Taunton  Branch  Railroad 


1870.— Chapters  101,  102.  75 

Corporation,  may  enter  with  their  railroads  upon,  unite  the 
same  with,  and  use  the  railroad  of  the  said  Attleborough 
Branch  Kailroad  Company,  subject  to  the  provisions  of  the 
general  laws,  and  said  Attleborough  Branch  Railroad  Com- 
pany may  cross  with  its  road  the  railroad  of  the  Boston  and 
Providence  Railroad  Corporation  :  provided,  that  such  cross-  Proviso, 
ing  shall  be  constructed  and  maintained  at  the  expense  of 
said  company  and  in  such  manner  as  may  be  agreed  upon  by 
said  company  and  said  Boston  and  Providence  Railroad  Cor- 
poration, or  if  they  shall  fail  to  agree,  in  such  manner,  at 
grade  or  otherwise,  as  the  board  of  railroad  commissioners 
shall  direct. 

Section  4.     The  capital  stock  of  said  corporation  shall  not  capital  stock 
exceed  one  hundred  thousand  dollars,  and  shall  be  divided  ^^ 
into  shares  of  one  hundred  dollars  each. 

Section  6.     Said  corporation  may  lease  its  railroad  to  any  May  lease  road, 
other  railroad  corporation  upon  such  terms  as  may  be  mutu- 
ally agreed  upon. 

Section  6.     This  act  shall  take  effect  upon  its  passage,  and  To  Relocated 

1    •      1  1        •  1  •  within  one  year 

shall  be  void  unless  tlie  said  railroad  is  located  withm  one  and  constructed 
year  and  constructed  within  two  years  from  the  passage  of  years"  "^^ 
this  act.  Approved  March  19,  1870. 

An  Act  to  extend  the  tdie  foe  the  location  and  construction  of  Qhri.^-^   1  HI 

THE  mystic  river  RAILROAD.  -i   * 

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

Section  1.     The  time  for  the  location  of  the  Mystic  River  1^^^1°1^°q^, 
Railroad  is  hereby  extended  to  the  first  day  of  May,  in  the  struction  ex- 
year  eighteen  hundred  and  seventy-one,  and  the  time  for  the 
construction  of  the  same,  is  extended  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  March  19,1870. 


tended. 


Chap.  102 


An  Act  to  authorize  the  salem  jiechanic  hall  corporation  to 

issue  new   shares,  ANT)  FOR  OTHER  PURPOSES. 

Be  it  enacted,  ^'c,  as  folloios : 

Section  1.     The  Salem  Mechanic  Hall  Corporation  is  here-  Mayissue seven 

,.,.,..  1  ,  T  1  hundred  new 

by  authorized  to  issue  new  shares,  not  exceeding  seven  hun-  shares. 
dred  in  all,  as  hereinafter  provided. 

Section  2.     Before  any  sale  of  the  new  shares  authorized  stockiioiders  to 

,.  Til.  ,T  c        •  1  •  111    nave  right  to 

to  be  issued  by  this  act,  the  directors  or  said  corporation  shall  take  new  shares 
give  notice  in  writing  to  the  stockholders  of  such  authorized  days!'^  ^'^^^ 
increase  ;  and  within  thirty  days  after  such  notice,  the  stock- 
holders may  take,  at  fifty  dollars  per  share,  their  proportion 
of  said  increased  shares,  according  to  the  number  of  shares 
in  said  corporation  owned  by  them  severally  at  the  date  of 


76  1870.— Chapters  103,  104. 

said  increase  ;  and  if  any  shares  shall  remain  unsold  after 
the  expiration  of  said  thirty  days,  the  same  may  be  disposed 
of  by  said  corporation  at  not  less  than  fifty  dollars  per  share. 
$35,000  ad(H-  SECTION  3.     Said  Corporation  shall  have  power  to  hold  real 

tate.  estate  to  the  amount  of  thirty-five  thousand  dollars,  in  addi- 

tion to  the  amount  they  are  now  authorized  to  hold,  for  the 
purposes  named  in  their  charter. 

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

Approved  March  19,  1870. 

Chap.  103  An  Act  to  incokporate  the  new  England  conservatory  of  music. 
Be  it  enacted,  §'c.,  as  follows : 

Corporators.  SECTION  1.     Ebcu  Tourjdc,  L.  Franklin  Snow,  Eichard  "W. 

Husted,  their  associates  and  successors,  are  hereby  made  a 

Name  and  pur-  corporation  by  the  name  of  the  New  England  Conservatory 

pose.  y£  Music,  to  be  located  in  Boston,  for  the  purpose  of  promot- 

ing the  study  and  practice  of  music,  and  culture  therein,  by 
the  establishment  of  a  school  of  musical  science  and  by  other 

Powers  and  du-  suitable  mcans  ;  with  all  the  powers  and  privileges,  and  sub- 

*^^®'  ject  to  all  the  duties,  liabilities  and  restrictions  set  forth  in 

all  general  laws  which  now  are  or  may  hereafter  be  in  force 
in  this  Commonwealth,  applicable  to  such  corporations. 

scmaiTstatr'  SECTION  2.  Said  Corporation  may  hold  for  its  purposes 
real  or  personal  estate  to  an  amount  not  exceeding  one  hun- 
dred thousand  dollars. 

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

Approved  March  19,  1870. 

Chap.  104  An  Act  to  incorporate  the  boston  numismatic  society. 

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

Corporators.  SECTION   1.     Jeremiah    Colburn,  John  Phelps  Putnam, 

William  Sumner  Appleton,  and  Henry  Davenport,  their  as- 
sociates and  successors,  are  hereby  made  a  corporation  by  the 

Name  and  pur-  name  of  the  Bostoii  Numismatic  Society,  to  be  located  in  Bos- 

^°^^'  ton,  for  the  purpose  of  collecting  and  preserving  medals  and 

coins  and  publishing  accounts  of  the  same  ;  also  for  the  col- 
lection of  a  numismatic  library,  elucidating  the  history  of 

Powers  anddu-  ancicut  and  modern  medals  and  coins ;  and  for  these  purposes, 
shall  have  all  the  powers  and  privileges,  and  be  subject  to  all 
the  duties,  requirements  and  liabilities  set  forth  in  the  sixtieth 
chapter  of  the  General  Statutes. 

Real  and  per-  SECTION  2.  The  Said  Corporation  may  hold  and  possess 
real  and  personal  estate  to  an  amount  not  exceeding  twenty- 
five  thousand  dollars. 

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

Approved  March  19,  1870. 


1870 —Chapters   105,   106,  107.  77 

An  Act  eelating  to  the  price  to  be  paid  for  the  board  of  insane  Qhfj/n   1  05 

STATE  paupers  IN  LUNATIC  HOSPITALS.  ^' 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     The  expenses  of  the  state  lunatic  hospitals  for  Price  of  board 
the  support  of  lunatics  not  having  known  settlements  in  this  paupers  not  to 
state,  committed  thereto,  shall  be  paid  quarterly  by  the  Com-  per  weelf^" 
monwealth  at  the  same  rate  charged  for  city  and  town  pau- 
per lunatics  therein,  but  not  to  exceed  the  sum  of  three  dol- 
lars and  fifty  cents  for  each  person  per  week  ;  and  the  same  Amount  to  be 
may  afterwards  be  recovered,  by  the  treasurer  of  the  Com-  [ufialTJs'^lf  ab™ 
monwealth,  of  the  lunatics  themselves,  if  of  sufficient  ability  to  pay. 
to  pay  the  same,  or  of  any  person  or  kindred  obligated  by 
law  to  maintain  them,  or  of  the  place  of  their  settlement,  if 
any  such  is  ascertained. 

JSection  2.     Section  one  of  chapter  one  hundred  and  thir-  Repeal, 
ty-eight  of  the  acts  of  eighteen  hundred  and  sixty  four,  to- 
gether with  all  other  acts  and  resolves  or  parts  of  acts  and 
resolves  inconsistent  herewith,  is  hereby  repealed. 

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

Approved  March  21,  1870. 

An  Act  relating  to  the  normal  schools  and  board  of  education.  Chcin.  106 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.    The  general  management  of  the  several  state  Board  of  edu- 
normal  schools  situated  respectively  at  Framingham,  Bridge-  mauagemenrof 
water,  Salem  and  Westfield,  shall  be  vested  in  the  board  of  ".Tchir"' 
education,  and  moneys  appropriated  from  time  to  time  for  expenditures  of 
their  maintenance  may  be  expended  under  the  direction  of 
said  board,  subject  to  the  provisions  of  chapter  one  hundred 
and  seventy-eight  of  the  acts  of  eighteen  hundred  and  sixty- 
seven. 

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

Approved  March  21,  1870. 


appropriations. 


^  Chap.  107 


An  Act  to  legalize  a  certain  town  meeting  in  the  town  of 

WENHAM. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     The  proceedings  at  the  annual  town  meeting  Anmmitown 
of  the  town  of  Wenham,  held  the  first  day  of  March,  in  the  we'iJiiam°iegai- 
year  eighteen  hundred  and  seventy,  and  the  legality  of  said  i^ed. 
meeting,  shall  in  no  way  be  affected  by  the  fact  that  the  war- 
rant calling  said  meeting  was  not  signed  by  a  majority  of  the 
selectmen  of  said  town,  and  said  meeting  shall  be  held,  to 
all  intents  and  purposes,  as  legal,  as  if  said  warrant  had 
been  signed  by  a  majority  of  said  selectmen. 

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

Approved  March  21,  1870. 


78  1870.— Chapters   108,   109,   110. 

ChaV     108    '^^  ^^^  ^^  AUTHORIZE  CYRUS  T.  BATCHELDER  TO   EXTEND   HIS  WHARF  AT 
"  DANVERSPORT,  IN  THE  TOWN  OF  DAN  VERS. 

Be  it  enacted,  ^c,  as  follows  : 

whirffu  Dan-        SECTION  1.    LiceiisG  is  hereby  given  to  Cyrus  T.  Batchelder, 
vers.  subject  to  the  provisions  of  chapter  one  hundred  and  forty- 

nine  of  the  acts  of  eighteen  hundred  and  sixty-six,  and  the 
first  three  sections  of  chapter  four  hundred  and  thirty-two 
of  the  acts  of  eighteen  hundred  and  sixty-nine,  to  enlarge 
his  wharf  at  Danversport,  in  the  town  of  Danvers,  by  ex- 
tending the  southerly  end  of  the  same,  adjoining  land  of 
Jacob  L.  Ober,  to  a  point  ten  feet  eastward  from  the  present 
location  ;  and  the  northerly  end  thereof,  by  land  of  Jonas 
Warren,  to  a  point  fifty  feet  eastward  from  the  present  loca- 
tion, toward  the  channel  of  the  river ;  and  to  connect  said 
points  by  a  straight  line  of  stone  or  other  material. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  21,  1870. 

Chap.   109  -^N  Act   TO    INCORPORATE   THE  JASPER  SUGAR  REFINERY. 

Be  it  enacted,  Sfc,  as  follows  : 

Corporators.  SECTION  1.  Gustavus  A.  Jaspcr,  Walter  Hastings,  James 
Dana,  their  associates  and  successors,  are  hereby  made  a  cor- 

poT.^  ^^^  ^'"'"  poi'ation  by  the  name  of  the  Jasper  Sugar  Refinery,  to  be 
located  in  Boston  or  Charlestown,  for  the  purpose  of  refining 
sugar  and  manufacturing  syrups  within  this  Commonwealth  ; 

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  hereafter  may  be  in  force  relating  to  such 
corporations. 

Capita^ stock  SECTION  2.  The  Capital  stock  of  said  corporation  shall 
not  exceed  six   hundred   thousand   dollars,  which  shall  be 

Real  estate.  divided  iuto  shares  of  one  hundred  dollars  each;  and  said 
corporation  may  hold  for  the  purposes  aforesaid  real  estate 
to  an  amount  not  exceeding  three  hundred  thousand  dollars, 
and  shall  not  commence  business  until  three  hundred  thou- 
sand dollars  of  its  capital  shall  have  been  paid  in  in  cash. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  21,  1870. 

Chap.  110  -^^    ^CT  TO  INCORPORATE  THE  VINEYARD  GROVE  COMPANY. 

Be  it  enacted,  ^-c,  as  follows: 

Corporators.         SECTION  1.     William  H.  PhiUips,  George  P.  Gavitt,  John 
D.  Flint,  their  associates  and  successors,  are  hereby  made  a 
Name  and  pur-  Corporation  by  the  name  of  the  Vineyard  Grove  Company, 
pose.  jPqj,  ^YiQ  purpose  of  holding,  improving,  managing  and  dispos- 

ing of  land  and  a  wharf,  or  wharves,  situated  in  the  town  of 
Edgartown  ;   said  land  now  being  held  and  owned  by  the  said 


1870.— Chapters  111,  112.  79 

Phillips,  Gavitt  and  Flint,  and  their   associates  ;  and   said  May  hold  lands, 

^'.  111T-  JT       construct 

corporation  may  purchase,  hold,  improve,  manage  and  ciis-  wharves,  &c. 
pose  of  such  other  lands  adjacent  to,  or  near  the  lands  afore- 
said, as  may  by  said  corporation  be  deemed  advisable,  and 
may  construct  and  maintain,  subject  to  the  approval  and  de- 
termination of  the  harbor  commissioners,  a  wharf,  or  wharves, 
upon  and  from  their  lands,  into  the  tide-waters  adjoining 
thereto :  provided,  that  said  corporation  shall  not  hold  more  Proviso. 
than  three  hundred  and  fifty  acres  of  land  ;  with  all  the  privi- 
leges and  subject  to  all  the  duties,  liabilities  and  restrictions 
contained  in  all  general  laws  which  now  are  or  may  here- 
after be  in  force  and  applicable  to  such  corporations. 

Section  2.     The  said  corporation  may  erect  a  hotel,  or  May  erect  a  ho- 
hotels,  upon  their  lands,  and  such  other  buildings  as  may  by   "" ' 
them  be  deemed  advisable,  and  may  hold  such  personal  prop- 
erty as  may  be  necessary  or  convenient  for  the  purposes  set 
forth  in  this  act. 

Section  3.     The  capital  stock  of  said  corporation  shall  not  capital  stock 
exceed  one  hundred  thousand  dollars,  the  same  to  be  divided  ^^^'^  ^^-^t^^^- 
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 
actually  paid  in  on  each  than  the  par  value  of  the  shares 
which  shall  be  first  issued. 

Section  4.     This  act  shall  take  effect  from  and  after  its 

passage.  Approved  March  21,  1870. 

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

Section  1.     David  H.  Bates,  Alvah  Morrison,  Joel  E.  Hoi-  corporators. 
brook,  their  associates  and  successors,  are  hereby  made  a  cor- 
doration  by  the  name  of  The  Braintree  Savings  Bank,  to  be  Name, 
located  in  Braintree  ;  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  efiect  upon  its  passage. 

Approved  March  21, 1870. 

An  Act  to  incorporate  the  india  manufacturing  company.        Chap.  112 

Be  it  enacted,  Spc,  as  follows  : 

Section  1.     James  M.  Beebe,  James  P.  Cook,  John  G.  corporators. 
White,  Joshua  W.  Daniels,  their  associates  and  successors, 
are  hereby  made  a  corporation  by   the  name  of  the   India  Name  and  pur- 
Manufacturing  Company,  to  be  located  in  Salem,  for  the  pur-  ^°^^' 
pose  of  manufacturing  bagging,  cloth  or  any  fabric,  wholly 
or  in  part  of  jute,  hemp,  flax,  silk,  cotton,  wool  or  other  fi- 
brous material ;  and  for  this  purpose  shall  have  all  the  powers  ^e^^""^  ^^^  ^^' 


Chap.  Ill 


80 


1870.— Chapter  113. 


Capital  stock 
and  shares. 


Real  aod  per- 
sonal estate. 


Chap.m 

Corporators. 


Name. 


Powers  and  du- 
ties. 


May  construct 
road  from  Bos- 
ton, Clinton 
and  Kitcliburg 
Railroad  in 
Framingliam  to 
city  of  Xowell. 


May  cross  Bos- 
ton and  Lowell 
road,  and  con- 
nect with  Low- 
ell and  Law- 
rence road  at 
Tewksbury 
junction. 


Capital  stock 
and  shares. 


May  enterupon 
and  unite  witli 
other  railroads. 


and  privileges,  and  be  subject  to  all  the  duties,  restrictions 
and  liabilities  set  forth  in  all  general  laws  which  now  are  or 
may  hereafter  be  in  force  relating  to  manufacturing  corpo- 
rations. 

Section  J2.  The  capital  stock  of  said  corporation  shall  not 
exceed  five  hundred  thousand  dollars,  divided  into  shares  of 
one  hundred  dollars  each  ;  and  said  corporation  may  hold 
such  real  and  personal  estate  as  shall  be  necessary  or  conven- 
ient for  its  purposes  ;  but  it  shall  not  go  into  operation,  or 
incur  any  liability,  until  the  sum  of  one  hundred  thousand 
dollars  has  been  paid  in  in  cash. 

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

Approved  March  21,  1870. 
An  Act  to  incorporate  the  framinghajvi  and  lowell  railroad 

COMPANY. 

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

Section  1.  Erastus  P.  Carpenter,  Josiah  Gates,  Hiram 
A.  Blood,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Framingham  and  Lowell 
Railroad  Company,  with  all  the' powers  and  privileges,  and 
subject  to  all  the  duties,  restrictions  and  liabilities  set  forth 
in  the  general  laws  which  now  are  or  hereafter  may  be  in 
force  relating  to  railroad  corporations. 

Section  2.  Said  corporation  is  hereby  authorized  to  locate, 
construct,  maintain  and  operate  a  railroad,  with  one  or  more 
tracks,  from  some  convenient  point  on  the  railroad  of  the 
Boston,  Clinton  and  Fitchburg  Railroad  Company,  in  the 
town  of  Framingham,  thence  running  by  some  convenient 
route  through  the  towns  of  Framingham,  Sudbury,  Concord, 
Acton,  Carlisle,  Westford  and  Chelmsford,  to  some  conveni- 
ent point  in  the  city  of  Lowell.  And  also  to  locate,  construct, 
maintain  and  operate  a  branch  railroad  from  some  convenient 
point  on  its  main  railroad,  as  hereby  authorized  to  be  located, 
by  the  route  deemed  most  feasible,  crossing  the  Boston  and 
Lowell  Railroad  at  a  point  at  or  near  Talbot's  Mills,  in  that 
part  of  Billerica  called  North  Billerica,  to  Tewksbury  junc- 
tion, there  to  connect  with  the  Lowell  and  Lawrence  Railroad. 

Section  3.  The  capital  stock  of  said  corporation  shall  not 
exceed  fifteen  hundred  thousand  dollars,  and  shall  be  divided 
into  shares  of  one  hundred  dollars  each,  the  number  of 
which  shall  be  determined  from  time  to  time  by  the  directors 
thereof. 

Section  4.  Said  company  is  hereby  authorized  to  enter 
with  its  railroad  upon,  unite  the  same  with,  and  use  the  rail- 
road of  the  Boston,  Clinton  and  Fitchburg  Railroad  Com- 
pany ;  and  said  Boston,  Clinton  and  Fitchburg  Railroad  Com- 


1870.--CHAPTERS   114,  115,   116.  81 

pany  is  hereby  authorized  to  enter  with  its  railroad  upon, 
and  unite  the  same  with,  and  yse  the  railroad  of  the  said 
Framingham  and  Lowell  Railroad  Company,  subject  to  the 
provisions  of  the  general  laws. 

Section  5.     This  act  shall  take  effect  upon  its  passage,  and  ^^thfnK^*^ 
shall  be  void  unless  said  railroad  shall  be  located  within  two  years  and  con- 

,  ,     1        .,1  •       />  f  ii  structed  witmn 

years,  and  constructed  within  lour  years  Irom  the  passage  four  years. 
hereof.  Approved  March  23,  1870. 

An  Act  concerning  the  election  of  officers  in  the  town  of  QJiqv)^  114 

holliston.  ^* 

Be  it  enacted,  Sfc,  as  follotos : 

Section  1.     The  election   of  town   officers,  made   at   tlie  ^''^''*'°^°/rs  in 
meeting  of  the  town  of  Holliston,  held  on  the  seventh  day  of  Hoiiiston  legai- 
March,  in  the  year  eighteen  hundred  and  seventy,  so  far  as  ^^^^' 
the  same  may  appear  to  be  illegal,  for  the  reason  that  the 
check  list  was  not  used  in  the  election  of  the  moderator  of 
said  meeting,  is  hereby  ratified  and  confirmed,  and  the  same 
shall  be  taken  and  deemed  good  and  valid  in  law  to  all  in- 
tents and  purposes  whatsoever. 

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

Approved  March  23,  1870. 
An  Act  relating  to  the  Massachusetts  agency  at  Washington,  and  QJiav),  115 

MAKING  AN  APPROPRIATION  FOR  CLOSING  THE  SAME.  ^' 

Be  it  enacted,  ^c,  as  follows  : 

Section  1.     A  sum  not  exceeding  the  unexpended  balance  ^p'J'iy^*    ^ 

1  1  1T1  -,       •  Til  Washington  to 

amounting  to  two  thousand  one  hundred  and  ninety  dollars,  be  closed  juiy 

•        •  ■  1    1S70 

of  the  appropriation  made  in  chapter  three  of  the  acts  of  ' 
eighteen  hundred  and  sixty-nine  for  the  maintenance  of  the 
Massachusetts  agency  at  Washington,  may  be  expended,  and 
the  same  is  hereby  appropriated  for  the  closing  up  of  said 
agency,  which  shall  be  done  on  or  before  llio  first  day  of  July 
of  the  present  year. 

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

Approved  March  23,  1870. 
An  Act  to  regulate  the  erection  of  wooden  buildings  in  the  six-  Chap.  116 

TEENTH  WARD  OF  THE  CITY  OF  BOSTON. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     The  provisions  of  chapter  two  hundred  and  S^mlng'the 
eighty  of  the  acts  of  the  year  eighteen  hundred  and  fifty,  are  erection  of 
hereby  extended  and  made  applicable  to  that  part  of  the  city  i^g"  iTsix- 
of  Boston  constituting  the  sixteenth  ward  of  the  same,  and  Boston?^*''^^^ 
formerly  constituting  the  town  of  Dorchester. 

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

Approved  March  23,  1870. 
U 


82  1870.— Chapters  117,  118,  119,  120. 

ChaV     117  ^^  ^*^^  CONCERNING  SUPERINTENDENTS  OF  SCHOOLS. 

Be  it  enacted,  Sfc,  as  follows. • 
sai.nryof  su-  The  school  Committee  of  any  city  or  town,  required  to  ap- 

pubiic  schools  point  a  superintendent  of  public  schools,  shall  have  author- 
schwf commit-  ity  to  determine  the  salary  of  such  superintendent,  anything 
*®®-  in  section  thirty-five  of  chapter  thirty-eight  of  the  General 

Statutes  to  the  contrary  notwithstanding. 

Approved  March  23,  1870. 

Chap.  118  An  Act  relating  to  public  watering-places  in  towns. 

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

I'jUWk watering  SECTION  1.  The  Selectmen  of  any  town  where  public  con- 
horses  and        venience  requires  it,  on  the  application  of  any  person,  may 

other  animals  ,i-  i  ,.  ij  j-i 

may  be  main-  authorizc  such  pcrsoii,  ou  his  owu  land  and  in  such  manner 
mission  ot^se-  ^^  ^^^^7  ^^J  Order,  to  construct  and  maintain  within  the 
lectmen.  limits  of  any  highway  in  such  town,  or  in  any  place  conveni- 

ently accessible  from  such  highway,  a  suitable  watering-place 
for  horses  and  other  animals,  to  be  used  by  the  public  ;  and 
said  selectmen,  at  any  time  when  in  their  judgment  such 
watering-place  is  no  longer  needed,  or  when  public  safety 
and  convenience  require  it,  may  discontinue  the  same. 
Compensation        SECTION  2.     Any  Dcrson  maintaining  a  watering-place  in 

for  maintaining  .  i  •  ^        ^        r  ,•  o     y  •  ^ 

watering-place,  any  towu,  lu  accordancc  witli  the  hrst  section  oi  this  act, 
shall  be  paid  by  such  town,  such  sum  as  said  selectmen,  in 
their  order  authorizing  such  watering-place,  may  determine, 
not  exceeding  five  dollars  a  year,  so  long  as  the  same  is  so 
maintained. 

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

Approved  March  23,  1870. 

Chap.   119   -^^  ^^^  "^^   AMEND   SECTION  TWELVE   OF   CHAPTER  ONE    HUNDRED  AND 
^'  FORTY- FIVE  OF  THE  GENERAL   STATUTES,  RELATING  TO  INJUNCTIONS. 

Be  it  enacted,  ^c,  as  follows  : 
Amendment  to       SECTION  1.     Scctiou  twclvc  of  chapter  ouc   hundred  and 
forty-five  of  the  General  Statutes,  is  hereby  so  far  amended 
that  the  injunction  therein  provided  for  may  be  issued  by  a 
single  justice  during  vacation  as  well  as  in  term  time. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  23,  1870. 

CkajJ.  120   ^^^  ^^^  ^^  AUTHORIZE  JUSTICES  OF  THE  PEACE  TO   ADMINISTER  OATHS  IN 
-^  *  ANY  COUNTY. 

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

Justices  of  Section  1.     Such  oaths,  as  justices  of  the   peace  are,  or 

m^nut^r'^oaths    may  be,  authorized  to  administer,  may  be   administered  by 

in  any  county,     ^^i^'^  m  any  COUUty. 

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

Approved  March  23, 1870. 


1870.— Chapters   121,   122,   123.  83 

An  Act  to  incorporate  the  lawrence  irish  benevolent  society.  Qfi^yf    121 
Beit  enacted,  Sfc,  as  follows: 

Section  1.     Patrick  Murphy,  John  Devine,  Thomas  Ken-  corporators, 
ney,  Maurice  Scanlen,  Thomas   Roche,  Thomas   Kennedy, 
Martin    O'Sullivan,  Patrick  Meehan,   Patrick  Ford,  James 
Murphy,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Lawrence  Irish  Benevolent  Name  and  pur- 

T)0S6 

Society  in  the  city  of  Lawrence,  for  charitable   and  benevo- 
lent purposes  ;  with  all  the  rights  and  privileges,  and  subject  Powers  and  du- 
to  all  the  duties,  liabilities  and  restrictions  set  forth  in  all  *""*■ 
general  laws  which  now  are  or  may  hereafter  be  in  force  re- 
lating to  such  corporations. 

Section  2.     The  said  corporation  may  own  and  hold  real  Real  and  per- 
estate  and   personal   property   not  exceeding  in  value  nity 
thousand  dollars. 

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

Approved  March,  23,  1870. 

An  Act  to  authorize  the  waltham  savings  bank  to  hold  keal  CIlCip.  122 

estate.  .  •*  * 

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

Section  1.    The  Waltham  Savings  Bank  is  hereby  author-  May  invest 

i^iin  1  .      ,        .         .^  ,         r       ■      .         .^  tij       $60,000  in  a 

ized  to  hold  real  estate  to  the  amount  oi  sixty  thousand  dol-  banking  house. 

lars  :  provided,  that  no  part  of  said  amount  shall  be  invested 

n  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  March  23,  1870. 

An  Act  to  incorporate  the  ajviherst  gas  light  company. 
Be  it  enacted,  Sfc,  as  foHoivs  : 

Section  1.     Edward  Dickinson,  William  S.  Clark,  Henry  corporators. 
T.  Hills,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Amherst  Gas  Light  Company,  Name  and  pur- 
for  the  purpose  of  manufacturing  inflammable  gas  from  coal,  ^^°^*^' 
resin,  petroleum  or  any  of  its  products,  and  for  selling  the 
same  in  the  town  of  Amherst ;  with  all  the  powers  and  priv-  Powers  and  du- 
ileges,  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,  for  the  purpose  afore-  Keai  estate, 
said,  hold  real  estate  not  exceeding  in  value  twenty-five  thou- 
sand dollars.     And  the  whole  capital  stock  shall  not  exceed  aXshLres.'^'^ 


Chap.  123 


84  1870.— Chapters  124,  125. 

fifty  thousand  dollars,  divided  in  shares  of  one  hundred  dol- 
lars each. 
May  sink  and         SECTION  3.     Said  Corporation,  with  the  consent  of  the  se- 
whh'consent  of  lectmcu  of  the  town  of  Amherst,  shall  have  power  to  open 
selectmen.         ^|jq  ground  in  any  street,  lane  or  highway,  in  said  town,  for 
the  purpose  of  sinking  or  repairing  such  pipes  or  conductors 
as  may  be  necessary  for  the  purpose  aforesaid  ;  and  said  cor- 
poration, after  opening  the  ground  in  sucli  streets,  lanes  or 
highway,  shall  be  held  and  obliged  to  put  the  same  ground 
into  repair  under  the  penalty  of  being  prosecuted  for  a  nui- 
Proviso.  sance  :  provided,  that  the  selectmen  for  the  time  being  shall, 

at  all  times,  have  tlie  power  to  regulate,  restrict  and  control 
tlie  acts  and  doings  of  said  corporation  which  may  in  any 
manner  affect  the  health,  safety  or  convenience  of  the  inhab- 
itants of  said  town. 

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

Approved  March  23,  1870. 

ClWiJ.  124  "^^  ^^^  ^*-*  AUTHORIZE   THE   SPRINGFIELD   GAS    LIGHT   COMPANY   TO   IN- 
^*       ^        ■     CREASE  ITS  CAPITAL  STOCK  AND   TO  HOLD   ADDITIONAL  REAL  ESTATE. 

Be  it  enacted,  ^'c,  as  follows: 

doMfca^'ull'        Section  1.     The  Springfield  Gas  Light  Company  is  hereby 
stock.  authorized  to  increase  its  capital  stock  by  an  amount  not  ex- 

ceeding three  hundred  thousand  dollars,  in  addition  to  the 
amount  heretofore  authorized  by  law,  at  such  times  and  in 
such  sums  as  the  stockholders  may  determine,  to  be  divided 
into  shares  of  one  hundred  dollars  each. 
Notice  to  be  SECTION  2.    Whenever  it  shall  be  determined  by  the  direc- 

given  to  stock-  ,•         •  i  ,       •  i  i        •        i     i       " 

holders  before  tors  01  said  company  to  issue  any  new  shares  authorized  by 
issue^i!'^'*^*  ^^^  this  act,  they  shall,  before  the  issue  of  such  shares,  give  notice 
in  writing  to  all  the  stockholders,  of  such  proposed  issue, 
stating  the  amouuL  of  the  same,  and  within  sixty  days  after 
such  notice  the  stockholders  may  take  their  proportion  of 
such  shares  according  to  the  number  of  shares  in  the  capital 
stock  owned  by  them  severally  at  the  date  of  such  increase. 
$160,000  in  real  SECTION  3.  Said  compauy  is  hereby  authorized  to  hold 
real  estate  to  an  amount  not  exceeding  one  hundred  and  fifty 
thousand  dollars. 

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

Approved  March  23,  1870. 

Chan.   125  ^^  ^^^  ^^   incorporate  the  ROLLSTONE  INSURANCE   COMPANY. 

Be  it  enacted,  §"c.,  as  folloivs  : 

Corporators.  SECTION  1.     Alvah  Crockcr,  Rodney  Wallace,  Nathaniel 

Wood,  their  associates  and  successors,  are  hereby  made  a 

Name  and  pur-  Corporation  in  the  town  of  Fitchburg,  by  the  name  of  the 

^°^®"  Eollstone  Insurance  Company,  f<5r  the  purpose  of  making 


1870.— Chapter   126.  85 

insurance  against  losses  by  fire,  and  also  losses  of  inland  nav- 
igation and   transportation  ;  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  which  now  are  or  hereafter  may 
be  in  force  relating  to  such  corporations. 

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

Section  3.    Said  corporation  may  commence  business  when  ^^Jfj^g^^Jbugi. 
.  two  hundred  thousand  dollars  shall  have  been  subscribed,  and  ness. 
one  hundred  thousand  dollars  paid  in  in  cash. 

Section  4.     Said  corporation  may  hold  real  estate  for  its  "^^^^  ®^***®- 
own  use  to  an  amount  not  exceeding  ten  per  cent,  of  its  paid- 
up  capital. 

Section  5.  •  This  act  shall  take  eifect  upon  its  passage. 

Approved  March  23,  1870. 
An  Act  to  incorpokate  the  new  Bedford  and  fairhaven  street  Chap.  126 

RAILWAY  COMPANY. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     Andrew  G.  Pierce,  Ward  M.  Parker,  Pardon  Corporators. 
Tillinghast,  Samuel  P.  Burt,  their  associates  and  successors, 
are  hereby  made  a  corporation  by  the  name  of  the  New  Bed-  Name  and  pur- 
ford  and  Fairhaven  Street  Railway  Company,  with  power  to 
construct,  maintain  and  operate  a  railway  on  and  over  any 
street  or  streets  in  said  city  of  New  Bedford  and  in  the  town 
of  Fairhaven,  and  connect  the  same  on  any  route  or  routes, 
with  the  right  to  cross  on  and  over  the  bridge  road  connect- 
ing the  said  two  places,  with  such  line   of  said  railway  as 
said  company  may  see  fit ;  with  all  the  powers  and  privileges,  powers  and  du- 
and  subject  to  all  the  duties,  restrictions  and  liabilities  set  *'*'*• 
forth  in  all  general  laws  which  now  are  or  may  hereafter  be 
in  force   relative  to  street  railway   corporations  :  provided,  Proviso. 
however,  that  said  city  and  town,  respectively,  are  hereby  au- 
thorized and  empowered  to  contract  with  said  railway  corpo- 
ration concerning  the  construction,  maintenance  and  opera- 
tion of  said  railway,  upon  such  terms  as  they  may  respec- 
tively agree  with  said  railway  corporation,  any  laws  now  ex- 
isting to  the  contrary  notwithstanding. 

Section  2,  The  capital  stock  of  said  corporation  shall  be  capital  stock. 
two  hundred  thousand  dollars. 

Section  3,  The  New  Bedford  and  Taunton  Railroad  Cor-  New  Bedford 
poration  is  hereby  authorized  to  subscribe  for  and  hold  shares  kaiiroad  may 
in  the  capital  stock  of  said  New  Bedford  and  Fairhaven  road.'**'''^  ^'^ 
Street  Railway  Company  by  the  vote  of  its  directors,  but  any 


86  1870.— Chapters   127,    128,   129. 

Proviso.  individuals  may  have  the  right  to  subscribe  for  stock  to  the 

exclusion   of  said  railroad  corporation  upon  application  or 
request  within  sixty  days  after  public  notice  of  the  organiza- 
tion of  the  company. 
Repeal.  SECTION  4.     Chapter  one  hundred  and  fifty-six  and  chapter 

two  hundred  and  twenty-six  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-six  are  hereby  repealed. 

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

Approved  March  23,  1870. 

Chap.  127  An  Act  to  authorize  the  union  railway  company  to  increase 

ITS  CAPITAL  STOCK. 

Be  it  enacted,  Sfc,  as  foUoivs  : 

May  increase         SECTION  1.     The  Uniou  Railway  Company  is  hereby  au- 
thorized to  increase  its  capital  stock  to  the  amount  of  two 
Par  value  of      hundred  thousand  dollars  :  provided,  that  any  such  additional 

snurGS  to  og  '  ♦' 

$ioo,andwiioie  stock   shall  be  divided  into  shares  of  one  hundred  dollars 
fiTcash.  ^''^''^ '"  each,  and  that  the  par  value  of  each  share  shall  be  paid  in  in 
cash,  whenever  any  increase  shall  take  place. 

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

Approved  March  23,  1870. 

Chap.  128    -^^     -^^^  "^^    AMKND    AN   ACT    TO  EXTEND     THE     TIME    FOR    LOCATING 
-*   *  AND     CONSTRUCTING     THE    NORTHAMPTON    AND     SHELBURNE     FALLS 

RAILROAD. 

Be  it  enacted,  Sfc,  as  follows  : 
Amendment  to       SECTION  1.     Scctiou  two  of  chaptcr  two  hundred  and  thir- 
'^  ty-nine  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 

nine  is  hereby  amended,  by  adding  at  the  end  thereof  the 
words,  and  with  their  associates  and  successors. 

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

Approved  March  23,  1870. 

Chat).  129  An  Act  to  authorize  the  eastern  railroad  company  to  build  a 

^'  branch  railroad,  and  to  authorize  the  town  of  ESSEX  to  aid 

in  the  construction  of  the  same. 

Be  it  enacted,  ^c,  as  follows  : 

Eastern  Rail-         SECTION  1.     The  Eastcm  Railroad  Company  are  hereby 

braudMoad"'^  authorizcd  to  locate,  construct  and  maintain  a  branch  rail- 

from  Essex  to    j-qq^^   commencins;  at  some  convenient  point  in  the  town  of 

w  cuiiRrn,  01'  '  "  1  •  i^     1  (* 

from  Essex  to  Esscx,  and  thcncc  running  through  portions  oi  the  towns  oi 
BrlnchRau-''^  Ipswich,  Hamilton  and  Wenham,  or  either  of  them,  to  some 
™*'^'  convenient  point  on  the  Eastern  Railroad,  near  the  twenty- 

second  mile-post,  or  to  such  other  point  of  connection  as  may 
be  found  most  suitable  ;  or,  commencing  at  such  convenient 
point  ill  said  town  of  Essex,  and  thence  running  through 
portions  of  the  towns  of  Hamilton,  Manchester  and  Beverly, 
or  either  of  them,  to  some  convenient  point  on  the  Gloucester 


1870.— Chapter  130.  87 

branch  of  said  Eastern  Railroad,  with  the  right,  in  either  case, 
to  cross  Mill  Creek,  in  the  town  of  Essex, 

Section  2.     The  Eastern  Railroad  Company  is  hereby  au-  —may  increase 

,,.,.  .,  • ,    1     .       ^    ,  1  ,  capital  stock 

tnonzed  to  increase  its  capital  stock  to  such  an  amount  as  may  $150,000. 
be  necessary  to  build  said  branch  railroad,  not  exceeding  in 
all,  one  hundred  and  fifty  thousand  dollars 

Section  3.     The  town  of  Essex  is  hereby   authorized   to  Town  of  Essex 

11  ...  1  n  "^  . ,  T  mav  raise  $50,- 

raise  by  loan  or  taxation,  such  sum  ot  money,  as  it  may  deem  oooV loan,  and 
expedient,  not  exceeding  the  sum  of  fifty  thousand  dollars,  fu  aid'of'i-oad. 
and  may  appropriate  the  same  to  aid  in  the  construction  of 
said  branch  railroad  :  provided,  that  two-thirds  of  the  legal  Proviso, 
voters  present,  at  a  legal  town  meeting  duly  called  for  this 
purpose,  within  thirty  days  from  the  passage  of  this  act,  shall 
by  written  ballot  vote  so  to  do,  in  taking  which  vote  the  check 
list  shall  be  used. 

Section  -4.     Said  town  of  Essex  may  make  such  contract  ~^^,f^a's°er'^'*"^* 
with  the  Eastern  Railroad  Company,  for  the  purposes  men-  RaUroad. 
tioned  in  the  preceding  section,  as  it  may  deem  proper  and 
necessary,  and  may  raise  money  by  loan  or  taxation  to  carry 
the  same  into  effect,  not  exceeding  the  amount  named  in  the 
preceding  section. 

Section  5.  This  act  shall  not  take  effect  unless  it  shall  be  Act  not  to  take 
accepted  by  the  Eastern  Railroad  Company  at  a  meeting  cepted  by  East- 
called  for  the  purpose  within  four  months  after  the  passage  wuidn  fou?*^ 

of  this  act.  months. 

Section  6.  If  the  Eastern  Railroad  Company  shall  accept  Eocationtobe 
this  act  as  provided  in  the  preceding  sections,  said  company  three  months. 
shall  file  a  location  of  said  branch  railroad  within  three 
months  from  the  time  of  acceptance  of  this  act,  and  when 
said  branch  railroad  shall  be  constructed  and  opened  for  use 
as  herein  provided,  then  chapter  one  hundred  and  eighty- 
three  of  the  acts  of  the  year  eighteen  hundred  and  sixty  nine, 
incorporating  the  Essex  Branch  Railroad  Company,  shall  be- 
come void.  Approved  March  23,  1870. 

An  Act  to  authorize  the  providence  and  Worcester  railroad  Chan.  130 

COMPANY  to  re-locate  CERTAIN   STATIONS  IN  MILLBURY. 

Be  it  enacted,  §'c.,  as  folloics  : 

Section  1.     The  Providence  and  Worcester  Railroad  Com-  Depots  in  mui- 
pany  is  hereby  authorized  to  re-locate  its  passenger  station  lomed  under 
and  freight  depots  in  the  town  of  Millbury,  as  the  board  of  raifroid^com. 
railroad  commissioners  shall  recommend.  missioners. 

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

Approved  March  23,  1870. 


88  1870.— Chapters    131,   132,   133. 

Chan  131  -^  ■^^^  ^^  authorize  the  home  for  aged  men  to  hold  addi- 
^'  tional  real  and  personal  estate. 

Be  it  enacted,  ^'c,  as  foUoivs  : 

V^n-T'^elifs         Section  1.     The  Home  for  Aged  Men  is  hereby  authorized 
tate.     '  to  hold  real  and  personal  estate,  for  the  purposes  named  in 

its  act  of  incorporation,  to  an  amount  not  exceeding  one  hun- 
dred and  fifty  thousand  dollars,  in  addition  to  the  amount  it 
is  now  authorized  to  hold. 

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

Approved  March  31,  1870. 
Chap.  132  -^  •^^'^  "^^  incorporate  the  commonwealth  insurance  company 

*  OF  BOSTON. 

Be  it  enacted,  ^"c,  as  follows : 
Corporators.  SECTION  1.     Henry  Smith,  Charles  A.  Stevens,  Elijah  B. 

Stoddard,  their  associates  and  successors,  are  hereby  made  a 
Name  and  pur-  Corporation  by  the  name  of  the  Commonwealth  Insurance 
^°***  Company,  in  the  city  of  Boston,  for  the  purpose  of  making 

Powers  and  du-  insurance  against   losses  by  fire ;  with   all  the  powers  and 
privileges,  and  subject  to  all  the  duties,  restrictions  and  lia- 
bilities set  forth  in  all  general  laws  which  now  are  or  here- 
after may  be  in  force  relating  to  such  corporations. 
Capital  stock  SECTION  2      Said  Corporation  shall  have  a  capital  stock  of 

two  hundred  thousand  dollars,  divided  into  shares  of  one  hun- 
dred dollars  each.     It  shall  have  liberty  to  pay  in  and  in- 
crease the  said  capital  stock  to  an  amount  not  exceeding  five 
hundred  thousand  dollars  :  provided,  any  increase  of  capital 
is  paid  in  in  cash  within  three  years  from  the  passage  of  this 
act. 
Directors  may        SECTION  3,     A  majority  of  the  board  of  directors  of  the 
fowers  share     compauy  may,  at  their  discretion,  at  any  time  give  the  holders 
of  profits.         Qf  ^j^Q  policies  of  the  company  the  right  to  participate  in  the 
net  profits  of  the  company,  to  such  an  extent  and  in  such 
manner,  and  upon  such  terms  and  conditions  as  they  shall 
prescribe  in  their  by-laws, 
wiienmay  SECTION   4.     Said    Corporation    may   commence    business 

COnilUGllCG  DUSl* 

ness.  when  one  hundred  thousand  dollars  shall  have  been  sub- 

scribed and  paid  in,  in  cash. 

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

Approved  March  31,  1870. 

Chap.  133    -^^    ■^^'^    '^^    incorporate    the    SOUTHWORTH    COTTON    MANUFAC- 
"'  TURING    COMPANY. 

Be  it  enacted,  Sfc,  as  folloivs : 
Corporators.  SECTION  1.    Constant  A.  Southworth,  Lemuel  Pratt,  Johu 

Q.  Adams,  their  associates  and  successors,  are  hereby  made 
Name  and  pur-  a  Corporation  by  the  name  of  the  Southworth  Cotton  Manu- 
P°^®"  facturing  Company,  to  be  located  in  Quincy,  for  the  manufac- 


1870.— Chapters  134,  135.  89 

ture  of  cotton  cloths  and  threads  ;  with  all  the  po^^ers  and  |^°^^^^  ^"^  '^"■ 
privileges,  and  subject  to  all  the  duties,  restrictions  and  lia- 
bilities 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  one  hundred  thousand 
dollars.     The  whole  capital  stock  of  said  corporation  shall  capital  stock 
not  exceed  two  hundred  and  fifty  thousand  dollars,  and  shall  ^ 
be  divided  into  shares  of  one  hundred  dollars  each  :  provided,  Proviso. 
however,  that  said  corporation  shall  not  go  into  operation 
until  the  sum  of  one  hundred  thousand  dollars  of  its  capital 
stock  has  been  paid  in  in  cash. 

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

Approved  March  31,  1870. 
An  Act   concerning   the   protestant   episcopal   societies   of  Chap.  134 

MALDEN. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     The  two  Protestant  Episcopal  societies  of  the  paui'l  churches 
town  of  Maiden,  known  respectively  as  Grace  Church,  organ-  in  Maiden  made 
ized  on  the  twelfth  day  of  May,  in  the  year  eighteen  hundred  °"^  ^^'"^  ^' 
and  sixty-two,  and  Saint  Paul's  Church,  organized  on  the 
twenty-second  day  of  April,  in  the  year  eighteen  hundred  and 
sixty-seven,  are  hereby  combined  into  one  society  under  the 
name  of  "  Saint  Paul's  Church  and  Parish." 

Section  2.     All  conveyances  heretofore  made  to  the  said  mldlTo^Grlice 
Grace   Church  are  hereby  confirmed  to  said  Saint  Paul's  5'*"'"^^jo°gt 
Church  and  Parish,  and  all  personal  property  now  belonging  Paul's  church 
to  said  Grace  Church  is  hereby  vested  in  and  confirmed  to  ^"^^  society. 
said  Saint  Paul's  Church  and  Parish. 

Section  3.    This  act  shall  be  void  unless  accepted  by  both  to  be  accepted 

„.,  ..  .,..  ,  n  .  ^  *^  Within  sixty 

of  said  societies  within  sixty  days  irom  its  passage.  days. 

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

Approved  March  31,  1870. 

An  Act  to  incorporate  the  boston  north  end  mission.         Chap.  135 
Be  it  enacted,  Sfc  ,  as  follows: 

Section  1.    Nathaniel  B.  Shurtleff,  Ezra  Farnsworth,  Eben  corporators. 
Tourjee,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Boston  North  End  Mission,  Name  and  pur- 
to  be  located  in  the  city  of  Boston,  for  the  purpose  of  pro-  p°*^' 
moting  the  spiritual  welfare  and  improving  the  social  and 
moral  condition  of  the  vicious  and  degraded  portion  of  the 
community;  with  all  the  powers  and  privileges,  and  subject  Powers  and  du- 
to  all  the  duties,  liabilities  and  restrictions  set  forth  in  all  *^^** 
general  laws  which  now  are  or  may  hereafter  be  in  force  re- 
lating to  such  corporation. 

12 


90 


1870— Chapters  136,  137. 


soifaiTstatr'  Section  2.  Said  corporation  may  hold  real  and  personal 
estate  not  exceeding  fifty  thousand  dollars  in  value,  for  the 
aforesaid  purposes. 

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

Approved  March  31,  1870. 


Chap 


.  136    -^N  ^CT    IN   ADDITION   TO    AN  ACT  TO    INCORPORATE    THE   MASSACHU- 
SETTS  INFANT   ASYLUM. 


Notice  of  recep- 
tion of  infant 
by  Massachu- 
setts Infant 
Asylum  to  be 
given  to  board 
of  State  cliari- 
ties. 


Expense  of  sup- 
port of  infant 
to  be  reim- 
bursed by  Com- 
monwealth. 


Proviso. 


Authority  of 
board  of  State 
charities. 


Chap. 


Appropriations 
authorized. 


Senators,  com 
pensation. 


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

Section  1.  Whenever  an  infant  having  no  known  settle- 
ment in  this  Commonwealth,  shall  be  received  by  the  Massa- 
chusetts Infant  Asylum,  agreeably  to  the  provisions  of  the  act 
incorporating  the  same,  immediate  notice  shall  be  given  in 
writing,  of  such  reception,  to  the  board  of  state  charities,  by 
the  directors  of  said  asylum,  or  by  their  direction,  and  said 
board  shall  have  authority  to  examine  the  case  and  remove 
such  infant,  if  they  consider  such  removal  expedient.  The 
expense  incurred  by  said  asylum  for  the  support  of  such  in- 
fant, after  the  bills  for  the  same  shall  have  been  approved  by 
the  board  of  state  charities,  or  by  the  person  designated  by 
them  to  audit  the  same,  shall  be  reimbursed  by  the  Common- 
wealth to  an  amount  not  exceeding  four  dollars  per  week  for 
each  infant :  provided^  however,  that  the  Commonwealth  shall 
be  under  no  obligation  to  reimburse  said  asylum  for  any  ex- 
pense incurred  for  the  support  of  any  such  infant  for  a  period 
of  more  than  one  week  prior  to  the  .giving  of  the  notice  pro- 
vided for  in  this  act. 

Section  2.  The  authority  of  the  board  of  state  charities, 
as  to  any  infant,  mentioned  in  the  foregoing  section,  shall  be 
the  same  that  said  board  now  has,  as  to  infants  in  the  state 
almshouses. 

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

Approved  March  31,  1870. 

137  An  Act  in  addition  to  an  act  making  appropriations  for  the 
compensation  and  mileage  of  members  of  the  legislature, 
and  for  the  compensation  of  the  chaplains,  doorkeepers, 
messengers  and  pages  of  the  senate  and  house  of  repre- 
sentatives. 
Be  it  enacted,  ^'c,  as  follows  : 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, and  shall  be  allowed  and  paid  out  of  the  treasury  of 
the  Commonwealth,  from  the  ordinary  revenue,  for  the  pur- 
poses specified,  to  wit: 

For  the  compensation  of  senators,  a  sum  not  exceeding  ten 
thousand  dollars  in  addition  to  the  amount  heretofore  appro- 
priated for  the  present  session. 


1870,— Chapter  138.  91 

For  the  compensation  of  representatives,  a  sum  not  ex-  J|^p^®*^'^**' 
ceeding  twenty-seven  thousand  dollars  in  addition  to  the 
amount  heretofore  appropriated  for  the  present  session. 

For  the  compensation  of  the  chaplains  of  the  senate  and  chaplains. 
house  of  representatives,  a  sum  not  exceeding  two  hundred 
dollars  in  addition  to  the  amount  heretofore  appropriated  for 
the  present  session. 

For  the  compensation  of  the  doorkeepers,  messengers  and  messengers7&c. 
pages  of  the  senate  and  house  of  representatives,  a  sum  not 
exceeding  three  thousand  six  hundred  dollars  in  addition  to 
the  amount  heretofore  appropriated  for  the  present  session. 

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

Approved  March  31,  1870. 

An  Act  in  addition  to  an  act  to  incorporate  the  Springfield  QJiap.  138 

AQUEDUCT    COMPANY. 

Be  it  enacted,  ^'c,  as  follows  : 

Section  1.  The  Springfield  Aqueduct  Company  is  here-  and  improve^ 
by  authorized  to  enlarge,  increase  and  improve  its  water-  water-works. 
sources,  aqueducts,  property  and  works,  with  a  view  to  pro- 
viding an  increased  supply  of  pure  water  for  public  and 
private  uses  in  the  city  of  Springfield  ;  and  for  that  purpose 
it  may  take  and  hold,  by  purchase  or  otherwise,  such  ponds, 
springs,  streams,  water-sources  and  the  waters  thereof  within 
the  limits  of  said  city,  and  such  lands  under  and  around  the 
same,  as  may  be  necessary,  excepting  within  a  district  lying 
south  of  the  location  of  the  Boston  and  Albany  Railroad  and 
within  two  miles  of  Main  street :  provided,  that  said  aque- 
duct company  shall  take  no  lands  now  owned  by  said  rail- 
road corporation,  nor  take  or  interfere  with  any  water  or 
springs  in  or  upon  the  same  ;  and  provided,  further ,  that  said 
aqueduct  company  shall  not  take  or  interfere  with,  any 
springs  or  water-sources  connected  with  any  aqueduct  owned 
and  now  used  by  private  parties  for  domestic  purposes,  ex- 
cepting such  springs  or  water-sources  as  are  already  secured 
by  law  to  said  company. 

Section  2.  Said  company,  for  the  purpose  of  using  the  May^erect 
water  taken  as  aforesaid,  may  erect  and  maintain  dams  and  voirs,'&c. 
reservoirs,  pipes  and  aqueducts,  and  connect  the  same  with 
the  pipes  now  laid  or  which  may  hereafter  be  laid  by  said 
company ;  and  may  take,  by  purchase  or  otherwise,  any 
lands  which  may  be  necessary  therefor  :  providing,  that  this 
act  shall  not  be  so  construed  as  to  give  the  company  any 
right  to  dig  up  or  occupy  the  streets  of  said  city  in  addition 
to  the  rights  which  it  now  has. 

Section  3.     Said  company   shall  within  sixty  days  after  ^o^of'^s^  ^n^s 
taking  any  springs,  streams,  ponds,  sources  of  water  or  lands  &c.,  taken, 


92 


1870.— Chapters   139,  140. 


under  the  provisions  of  this  act,  file  in  the  registry  of  deeds 
for  the  county  of  Hampden  a  description  thereof  sufficiently 
accurate  for  identification. 

Section  4.  All  damages  occasioned  under  the  operation 
of  this  act,  claimed  by  any  person  or  corporation,  shall  be 
ascertained,  determined  and  recovered  in  the  manner,  and 
within  the  time  provided  by  law  in  case  of  land  taken  for 
highways,  unless  the  persons  or  corporation  and  the  said 
company  can  agree  upon  the  amount  of  such  damages. 

Section  5.  Said  corporation  is  hereby  authorized  to  in- 
crease its  capital  stock  by  adding  thereto  one  hundred  thou- 
sand dollars. 

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

Approved  March  31, 1870. 

An  Act  to  incorporate  the  American  water  meter  company. 
Be  it  enacted^  ^c,  as  folloivs : 

Section  1.  Jacob  W.  Pierce,  Thomas  Parsons,  B.  F. 
Nourse,  G.  H.  Ashcroft,  their  associates  and  successors,  are 
hereby  made  a  corporation  in  the  city  of  Boston,  by  the  name 
of  the  American  Water  Meter  Company,  for  the  purpose  of 
purchasing  water  meter  letters  patent,  and  selling  rights  under 
the  same,  and  for  manufacturing  and  selling  water  meters  ; 
with  all  the  privileges  and  rights,  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. 

Section  2.  The  capital  stock  of  said  corporation  shall  be 
forty-eight  thousand  dollars,  with  the  right  to  increase  the 
same  to  the  amount  of  two  hundred  thousand  dollars,  and 
shall  be  divided  into  shares  of  the  par  value  of  one  hundred 
dollars  each.  Said  corporation  shall  not  commence  opera- 
tions until  twenty-five  thousand  dollars  has  been  paid  in  in 
cash,  and  shall  issue  no  shares  of  stock  until  the  par  value 
of  the  same  shall  have  been  paid  into  the  treasury  of  the  cor- 
poration in  cash. 

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

Approved  March  31,  1870. 

ChCl'D.   140   -^^  -^^^  "^^  incorporate   the   SALEM   FOUNDRY  AND  MACHINE  SHOP. 

Be  it  enacted^  §'c.,  as  folloivs: 

Corporators.         SECTION  1.     Charles  A.  Ropes,  Joseph  H.  Leavitt,  John 
Kilburn,  their  associates  and  successors,  are  hereby  made  a 
Name  and  pur-  corporation  by  the  name  of  the  Salem  Foundry  and  Machine 
^°^^'  Shop,  for  the   manufacture  and   sale  of  machinery,  steam- 

Powers and du- boilers   and   castings,  in   the  city   of  Salem;  with   all  the 
powers  and  privileges,  and  subject  to  all  the  duties,  restric- 


within  sixty 
days. 


Damages  to  be 
determined  as 
in  case  of  land 
taken  for  high- 
ways. 


$100,000  addi- 
tional capital 
stock. 


Chap.  139 

Corporators. 


Name  and  pur- 
pose. 


Powers  and  du- 
ties. 


Capital  stock 
and  shares. 


ties. 


1870.— Chapters  141,  U2.  93. 

tions  and  liabilities  set  forth  in  all  general  laws  which  now 
are  or  hereafter  may  be  in  force  relating  to  manufacturing 
corporations. 

Section  2.     The  whole  capital  stock  of  said  corporation  capital  stock 

1     11  11  p  1  1       1     1  11    11  aud  shares. 

shall  not  exceed  the  sum  of  one  hundred  thousand  dollars, 

and  shall  be  divided  into  shares  of  one  hundred  dollars  each, 

and  it  may  hold  real  and  personal  estate  necessary  for  the  Real  and  per- 

purposes  aforesaid  not  exceeding   that   amount :  provided^ 

hoiopver,  that  said  corporation  shall  not  go  into   operation 

until  the  sum  of  twenty-five  thousand  dollars  of  its  capital 

stock  shall  be  paid  in  in  cash. 

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

Approved  March  31,  1870. 

Ax  Act  to  incorporate  the  city  five  cents  savings  bank,  in  Chap.  141 

HAVERHILL. 

Be  it  enacted^  tVc,  as  follows: 

Section  1.     W.  R   Whittier,  Moses  How,  Levi  Taylor,  S.  corporators. 
D.  Evans,  L.  C.  Wadleigh,  their  associates   and   successors, 
are  hereby  made  a  corporation  by  the  name  of  the  City  Five  ^^'^ame  and  pur- 
Cents  Savings  Bank,  to  be  located  in  Haverhill;  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  relating  to  savings  banks  and 
institutions  for  savings. 

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

Approved  March  31,  1870. 
An  Act  to  incorporate  the  young  men's  christian  association  Chop.  142 

OF  LYNN. 

Be  if  enacted,  cVc,  as  follows  : 

Section  1.     Jabez  Wood,  Benjamin   K.    Prentiss,   Owen  corporators. 
Dame,  their  associates  and  successors,  are   hereby   made   a 
corporation  by  the  name  of  the  Young  Men's  Christian  Asso-  Name  and  pur- 
ciation  of  Lynn,  to  be  located  in  the  city  of  Lynn,  for  the  ^°''^' 
purpose  of  improving  and  promoting  the  spiritual  welfare  and 
mental  culture  of  young  men  ;  witli  all   the    powers    and  Powers  and  du- 
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  relating  to  such  corporations. 

Section  2.     Said  corporation  may  hold  real  and  personal  Real  and  per- 
estate,  not  exceeding  fifty  thousand  dollars  in  value,  for  the 
purposes  aforesaid. 

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

Approved  March  31,  1870. 


94:  1870.— Chapters  143,  144. 

ChciT)    143    ^^  '^^^  ^^  INCORPORATE  THE  YOUNG   MEN'S    CATHOLIC   TEMPERANCE 
•*   '  SOCIETY  OF  SALEM. 

Be  it  enacted^  ^"c,  as  folloivs : 

Corporators.  SECTION  1.     Patrick    Scullj,   Micliael    O'Flalierty,    John 

Powers,  their  associates  and  successors,  are  hereby  made  a 

Name  and  pur-  Corporation  by  the  name  of  The  Young  Men's  Catholic  Tem- 

^°*^'  •  perance  Society  of  Salem,  for  the  purpose  of  promoting  tem- 

perance among  its  members,  by  establishing  a  reading-room 
and  library,  and  by  other  suitable  means  ;  and  also  for  the 
purpose  of  relieving  and  supporting  indigent  members  in 

Powers  and  du-  times  of  sickucss.  Said  corporation  shall  be  subject  to  all  the 
duties,  restrictions  and  liabilities,  and  shall  be  entitled  to  all 
the  rights  and  privileges  prescribed  by  the  sixty-eighth  chap- 
ter of  the  General  Statutes,  so  far  as  the  provisions  of  said 
chapter  are  applicable  thereto. 

«fnaiTsta?ef'        SECTION  2.     The  Said  Corporation  may  hold  real  and  per- 
sonal  estate,  to  be  used  for  its  corporate  purposes,  to  an 
amount  not  exceeding  fifty  thousand  dollars  in  value. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  31,  1870. 

Chcip     144   -^N  ^CT  IN  RELATION  TO  THE  RETURNS  OF  CERTAIN  CORPORATIONS  TO 

THE  TAX  COMMISSIONER. 

Be  it  enacted,  Sfc,  as  follows  : 
Corporations  to      Section  1.  '  Every  corporation  established  within  this  Com- 
to'\ax  commas-  mouwcalth  by  special  charter,  or  organized  under  the  general 
sioner.  j^^^g  ^j^gj-eof,  whicli  holds  on  the  first  day  of  May,  in  any  year, 

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  hun- 
dred 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 
day  of  May,  return  to  the  tax  commissioner  the  whole  num- 
ber of  such  shares  and  bonds  so  held,  the  names  and  residences 
of  the  persons  pledging  the  same,  and  the  number,  denomina- 
tion and  the  par  value  and  cash  market  value,  if  known,  of 
Taxcommis-     the  sharcs  and  bonds  pledged  by  each  ;  and  the  tax  commis- 
mit^Tsts^to'^a"-^'  sioner  shall,  on  or  before  the  twentieth  day  of  June  in  each 
sessors.  year,  transmit  to  the  assessors  of  the  several  cities  and  towns 

of  the  Commonwealth,  a  true  copy  of  the  list  furnished  by 
such  corporations. 
Penalty fornot  SECTION  2.  Any  Corporation  neglecting  or  refusing  to 
tu'rus?^'^*^  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 


1870.— Chapters  145,  146.  95 

use  of  the  city  or  town  in  which  the  person  pledging  such 
stock  or  bonds  resides. 

Section  3,     Chapter  four  hundred  and  forty-four,  of  the  Repeal, 
acts  of  the  year  eighteen  hundred  and  sixty-nine  is  hereby 
repealed.  Approved  April  2,  1S70. 

An  Act  relating  to  oaths  of  executors,  administrators,  guar-  Chap.  145 

DIANS  AND  trustees  IN  PROBATE  PROCEEDINGS. 

Be  it  enacted,  ^c,  as  follows : 

Section  1.  The  twenty-seventh  section  of  the  one  hun-  G™s'"n™*§°27*^ 
dred  seventeenth  chapter  of  the  General  Statutes  is  hereby 
so  far  amended  that  the  provisions  of  the  twenty-eighth  sec- 
tion of  said  chapter  shall  apply  to  oaths,  which  an  executor, 
administrator,  guardian  or  trustee  is  required  to  make  to  an 
account :  provided,  that  the  iudge  of  the  probate  court  may  oaths  may  be 

t/o  1  ^        ^  y    rcQUirGu  to  be 

in  any  case  require  such  oaths  to  be  taken  before  him  in  open  taken  in  open 

.  court. 

court. 

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

Approved  April  2,  1870. 
An  Act  to  change  a  boundary  line  between  boston  and  west  Chap.  146 

ROXBURY. 

Be  it  enacted,  ^c,  as  follows  : 

Section  1.     That  hereafter  the  southerly  instead  of  the  Division  line 
northerly  side  of  Seaver  street  in  West  Roxbury  shall  be  the  ton^lmiVest 
division  line  on  said  street  between  said  West  Roxbury  and  R^^bury. 
the   city   of  Boston — that   the   westerly   side   of  Brush-hill 
avenue,  from  Seaver  street  to  Back  street,  and  the  westerly 
side  of  Back  street  to  the  Hyde  Park  line,  shall  be  the  divi- 
sion line  between  said  city  and  town  of  West  Roxbury.    And 
the  territory   hereby  set   to   Boston,  shall  be  a  part  of  the 
county  of  Suffolk,  and  the  territory  hereby  set  to  West  Rox- 
bury shall  be  a  part  of  the  county  of  Norfolk. 

Section  2.     The  inhabitants  hereby  set  off  to  West  Rox-  fj'^^**°U^<'|g^. 
bury  shall  continue  to  be  a  part  of  Boston,  and  the  inhabi-  erai officers, 
tants  hereby  set  off  to  Boston  shall  continue  to  be  a  part  of 
West   Roxbury   for   the   purpose  of  electing   state   officers, 
councillors,  senators  and  representatives  to  the  general  court, 
representatives  to  congress,  and   electors  of  president   and 
vice-president  of  the  United  States,  until  the  next  decennial 
census  shall  be  taken,  or  until  another  apportionment  of  rep- 
resentatives to  the  general  court  shall  be  made  ;  but  at  all 
other  elections  the  voters  thus  set  off  to  West  Roxbury  may 
therein  exercise  the  elective  franchise,  and  the  voters  thus 
set  off  to  Boston  may  therein  exercise  the  elective  franchise  ; 
and  it  shall  be  the  duty  of  the  selectmen  of  West  Roxbury  Lists  of  voters 
to  make  a  true  list  of  the  persons  residing  on  the  territory 


96 


1870.— Chapters  147,  US. 


hereby  annexed  to  said  town,  qualified  to  vote  at  such  elec- 
tions, and  post  the  same  in  said  territory  and  correct  the  same 
as  required  by  law,  and  deliver  the  same  to  the  city  clerk  of 
Boston,  ten  days  at  least  before  any  such  election,  in  the 
same  manner  as  if  it  had  been  prepared  by  themselves,  and 
the  board  of  aldermen  of  Boston  in  like  manner  shall  make 
a  true  list  of  the  persons  residing  on  the  territory  hereby  an- 
nexed to  said  city,  entitled  to  vote  at  such  elections,  and  post 
up  the  same,  and  correct  and  deliver  the  same  to  the  select- 
men of  West  Roxbury,  in  like  manner  as  is  herein  before 
provided  in  regard  to  the  territory,  annexed  to  West  Roxbury, 
and  the  list  thus  made  shall  be  taken  and  used  by  the  select- 
men of  West  Roxbury  for  any  election  in  the  same  manner 
as  if  it  had  been  prepared  by  themselves. 

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

Approved  April  2,  1870. 

Chap.  147  An  Act  to  increase  the  school  committee  of  the  city  of  lynn. 
Be  it  enacted,  Sfc,  as  follows: 

Section  1.  The  school  committee  of  the  city  of  Lynn 
shall  consist  of  one  member  from  each  ward  of  said  city,  who 
shall  be  a  resident  of,  and  be  chosen  annually  by,  the  voters 
of  such  ward,  and  of  twelve  members  resident  in  said  city, 
who  shall  be  chosen  in  the  manner  hereinafter  provided,  and 
of  the  mayor  and  president  of  the  common  council,  who  shall 
be  ex  ojffjciis  members  of  said  committee.  Said  twelve  mem- 
bers shall  be  chosen  at  the  next  annual  election  of  city  officers, 
four  of  those  elected  to  hold  office  for  one  year,  four  to  hold 
for  two  years,  and  four  to  hold  for  three  years ;  and  there- 
after, four  shall  be  elected  annually  to  hold  oflfice  for  the  term 
of  three  years,  and  until  others  are  chosen  in  their  place. 

Section  2.  The  mayor  and  aldermen  and  the  present 
board  of  school  committee  may  choose,  in  the  manner  pre- 
scribed by  law,  for  filling  vacancies  in  school  committees, 
seven  persons,  who,  together  with  the  present  members  of 
the  committee,  shall  constitute  the  school  committee  for  the 
current  year. 

Section  3.  All  acts  and  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 

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

Approved  April  2,  1870. 

Chap.  148        An  Act  to  amend  the  charter  of  the  city  of  lowell. 

Be  it  enacted,  §t.,  as  follows: 

eiec^tedVoA^wo       SECTION  1.     At  the  ncxt   auuual   election  for  municipal 
years.  officcrs  of  the  city   of  Lowell,  a   mayor  shall  be  chosen,  to 

One-half  alder-  serve  for  the  term  of  two  years  ;  one  half  of  the  board  of 

men  and  com-  ^  ' 


School  commit- 
tee to  consist 
of  one  from 
each  ward, 
twelve  at  large, 
&c. 


Terms  of  office. 


Committee  for 
the  current 
year. 


Repeal. 


1870.— Chapters  149,   150,   151.  97 

aldermen  shall  be  chosen  to  serve  for  the  term  of  one  year,  mon  council  to 
and  one  half  for  two  years ;  one  half  of  the  common  council  nate  years. 
from  each  ward  shall  be  chosen  to  serve  for  the  term  of  one 
year  and  one  half  for  two  years.  At  each  annual  election 
thereafter,  one  half  of  the  board  of  aldermen  and  one  half' 
of  the  .common  council  from  each  ward  shall  be  elected  for 
two  years,  and  the  mayor  shall  be  elected  every  alternate 
year. 

Section  2.     The  mayor  of  said  Lowell  shall  be  compensated  miyor.***^ 
by   a   salary  which  shall  not   exceed   twenty-five   hundred 
dollars. 

Section  3.  On  the  Tuesday  next  after  the  first  Monday  subject  to  ac- 
of  November  next,  a  meeting  of  the  legal  voters  of  said  city  fefai  voters. 
shall  be  duly  warned  and  called  by  the  mayor  and  aldermen 
of  said  city,  for  the  purpose  of  voting  upon  the  acceptance  of 
this  act,  and  the  same  shall  be  void  unless  accepted  by  a 
majority  of  the  legal  voters  present  and  voting  at  said 
meeting.  Approved  April  2,  1870. 

An  Act  relating  to  the  service  of  civil  process  by  constables.  Chap.  149 
Be  it  enacted,  S)~c.,  as  folloios  : 

Section  1.  Section  sixty-one  of  chapter  eighteen  of  the  Amendment  to 
General  Statutes  is  hereby  amended  by  striking  out  the  "''' 
words  "five  hundred  "  in  the  second  and  third  lines,  and  in- 
serting in  their  stead  the  words  one  thousand,  and  by  strik- 
ing out  the  word  "  one  "  wherever  it  occurs  in  the  eighth  and 
tenth  lines  of  said  section,  and  inserting  instead  thereof  the 
word  two. 

Section  2.     This  act  shall  take  efiect  upon  the  first  day  of 
May  next.  Approved  April  2,  1870. 

An  Act  relating  to  the  state  library.  Chap.  150 

Be  it  enacted,  Sfc,  as  follows : 

Section  1.     The  trustees  of  the  state  library  are  hereby  Trustees  of 
authorized  to  deposit,  for  safe  keeping  and  use,  any  duplicate  m^ay^deposif 
volumes  which  are  now  in  said  library,  or  which  may  here-  umisTn  plwic 
after  come  to  it,  in  any  public  town,  city,  or  college  library  libraries,  &c. 
in  this  Commonwealth,  upon  such  terms  and  conditions  as 
they  shall  deem  for  the  best  interest  of  the  Commonwealth. 

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

Approved  April  2,  1870. 

An  Act  concerning  witness  and  other  fees.  Chan.  151 

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

Section  1.     The  fees  for  attending  as  a  witness  in  a  civil  nessefin'^d^ 
cause,  in  the  supreme  judicial  court,  superior  court,  or  pro-  causes. 
bate  courts,  shall  be  one  dollar  and  fifty  cents  a  day. 
IS 


98  1870.— Chapters   152,  153. 


Travel  of  wit-        SECTION  2.     The  fees  foi"  travel  of  witnesses,  in  all  causGs, 

before  any  court  or  other  tribunal  authorized  to  require  the 

attendance  of  witnesses,  shall  be  five  cents  a  mile,  out  and 

home. 

Term  fee  ai-  SECTION  3.     Parties  rccoveriug  costs  in  civil  causes  before 

ti^'recoverfng  justiccs  of  the  pcacc,  or  in  municipal  or  police  courts,  shall 

causes"befbre     t>e  allowcd  onc  term  fee,  of  one  dollar  and  twenty-five' cents, 

justicesof         jj^  addition  to  the  costs  now  allowed  by  law. 

Approved  April  2,  1870. 

Chap.   152    -A-N  Act    to    AUTHORIZE    THE    CITY   OF    HAVERHILL    TO    PAY   CERTAIN 

ADDITIONAL   BOUNTIES. 

Be  it  enacted,  Sfc,  as  follows  : 

Haverhill  may        SECTION  1.     The  city  of  Haverhill  is  hereby  authorized  to 

raise  money  for        .  n  re    •       ^   j.  i  lU' 

payment  of  cer-  raisc  a  sum  01  moncy  sunicient  to  pay  to  each  soldier,  or  m 
bo^nties!'^'^^'     case  of  death,  to  the  heirs  of  such  soldier  who  enlisted  upon 
the  quota  of  the  town  of  Haverhill,  between  August  twenty- 
first  and  September  third,  in  the  year  eighteen  hundred  and 
sixty-four,  in  company  "  M,"  fourth  regiment  of  Massachu- 
setts heavy  artillery,  such  an  amount  as  shall,  in  addition  to 
the  bounty  already  received  by  said  soldier  for  such  enlist- 
ment, equal  the  sum  of  three  hundred  and  seventeen  dollars 
and  thirty-eight  cents. 
Sum  raised  to        SECTION  2.     The  sum  authorized  to  be  raised  by  the  first 
next^llmuai'as-  scctioii  of  this  act,  shall  bc  assessed  at  the  next  annual  assess- 
sessinent.         mcut  of  Said  city :  provided,  a  majority  of  the  legal  voters  of 
said  city,  actually  voting  at  a  meeting  duly  called  for  the 
purpose,  shall,  by  ballot,  accept  the  provisions  of  this  act. 

Approved  April  2,  1870. 

ChaV    153    -^^  ^^^  ^^    DEFINE    THE    BOUNDARY  LINE  BETWEEN  WAKEFIELD  AND 
"*  LYNNFIELD. 

Be  it  enacted,  ^c,  as  follows : 
Line  between         SECTION  1.    The  boundary  line  between  the  town  of  Wake- 
Lynn^fiew  to"be  field  and  thc  towii  of  Lynnfield  shall  be  established  and  con- 
commfJsioners.  firmed  by  three  commissioners  as  agreed  upon  by  the  said 
towns  of  Wakefield  and  Lynnfield,  and  as  hereinafter  named. 
Commissioners,      SECTION  2.     Said  Commissioners  shall  consist  of  the  foUow- 
and  dutils"^      ing  named  persons,  to  wit :  Paul  H.  Sweetser,  of  Wakefield, 
and  John  Perkins  and  George  ii.  Hawkes,  of  Lynnfield,  who 
shall  have  full  power  to  define  the  boundary  between  the 
aforesaid  towns,  and  to  erect  suitable  monuments,  the  expense 
of  which  shall  be  borne  by  the  towns  of  Wakefield  and  Lynn- 
field. 
—to  make  re-         SECTION  3.     Said  commissioucrs  shall  make  return  of  their 
doings^within    doings  uudcr  this  act,  to  the  clerks  of  the  towns  of  Wakefield 

six  months. 


1870.— Chapter   154.  99 

and  Lynnfield,  and  to  the  secretary  of  the  Commonwealth, 
withm  six  months  from  the  passage  of  this  act. 

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

Approved  April  2,  1870. 

An  Act  to  unite  the  towns  of  Salisbury  and  amesbury  and  pt^Yt    1  'S/t 

TO    INCORPORATE    THE    TOWN    OF    MERRIMAC.  -T  ' 

Be  it  enacted,  Sj'c,  asfolloics  : 

Section  1.     From  and  after  the  first  Monday  of  March  in  Salisbury  and 
the  year  one  thousand  eight  hundred  and  seventy-one,  the  uiut^d  under 
corporate  powers  of  the  towns  of  Salisbury  and  Amesbury,  Merrinmc.°^ 
in  the  county  of  Essex,  as  separate  towns,  shall  cease  to  ex- 
ist, and  all  the  territory  comprised  within  the  limits  of  said 
two  towns  shall  constitute  one  town  by  the  name  of  Merri- 
mac,  with  all  the  corporate  powers  and  privileges,  duties,  lia- 
bilities and  restrictions  belonging  to  towns  under  the  consti- 
tution and  laws  of  this  Commonwealth,  and  having  for  its 
boundary  lines  the  same  lines  which  have  heretofore  formed 
the  boundaries  of  the  two  towns,  except  that  line  by  which 
they  have  been  separated  ;  and  all  persons  having  gained  or 
derived  a  settlement  within  either  of  said  towns  of  Salisbury 
or  Amesbury,  shall  be  deemed  to  have  such  settlement  within 
said  town  of  Merrimac. 

Section  2.    All  the  property,  uncollected  taxes  and  assets,  aii  property 

1        i  •/  '  '   aiicl  ci6bt3  trftns- 

held  by  each  of  said  towns  of  Salisbury  and  Amesbury  when  ferred  to  Merri- 
this  act  takes  effect,  shall  become  the  property  and  assets  of,  ^^^' 
and  all  debts  due  from  said  towns  at  that  time  shall  become 
debts  due  from,  said  town  of  Merrimac :  provided,  however,  Proviso. 
that  a  fair  and  impartial  valuation  of  said  property  and  assets     ' 
of  each  of  said  towns  shall  be  made ;    and  also  the  true 
amount  of  the  indebtedness  of  each  shall  be  ascertained,  and 
the  amount  of  the  assets  of  each  shall  be  deducted  from  their 
indebtedness,  and  any  excess  of  indebtedness  of  either  town 
over  the  other  shall  be  assessed  upon  and  paid  by  the  inhab- 
itants and  estates  of  the  town  where  such  excess  shall  be 
found  to  exist ;  and  said  sum  shall  be  assessed  by  the  assess- 
ors, and  collected  by  the  collector  of  said  town  of  Merrimac, 
and  paid  to  the  treasurer  of  said  town,  as  in  the  case  of  other 
town  taxes. 

The  valuation  of  said  property  and  assets,  and  the  amount  ^be^Mcer*^' 
of  the  indebtedness  of  said  towns  shall  be  ascertained  by  the  tained  by  se- 
boards  of  selectmen  of  the  two  towns  for  the  current  year  in  t^^o'townsin^ 
joint  meeting ;  and  in  case  of  their  disagreement,  or  failure  In^cl^^'of'dil- 
to  do  so  before  this  act  takes  effect,  then  the  selectmen  of  said  agreement  su- 

,  />-»c-  in  1  !••  1  •        perior  court  to 

town  01  Merrimac  shall  make  application  to  the  superior  appoint  com- 
court  for  the  county  of  Essex,  at  its  first  sitting  thereafter ; 
and  said  court  is  hereby  authorized,  and  shall  appoint  three 


missioners. 


100 


1870.— Chapter  154. 


United  valua- 
tions to  be  val- 
uation of  Mer- 
rimac  until 
next  State  val- 
uation. 
Election  dis- 
tricts. 


Support  of  pau- 
pers. 


Collection  of 
taxes. 


Records,  prop- 
erty, &c.,  to  be 
delivered  to  se- 
lectmen of  Mer- 
rimac. 


Town  meeting 
to  be  called  by 
joint  warrant 
of  selectmen  of 
Salisbury  and 
Amesbury. 


disinterested  persons',  who  shall  determine  said  valuation  and 

indebtedness,  and  may  hear  the  parties  upon  any  matters  of 
disagreement  relating  to  the  afifairs  of  the  two  towns,  and 
make  award  thereon;  which  award,  when  accepted  by  the 
court,  shall  be  final. 

Section  3.  The  united  valuations  of  said  towns  of  Salis- 
bury and  Amesbury,  as  fixed  by  the  last  decennial  state  val- 
uation, shall  be  held  to  be  the  valuation  of  said  town  of 
Merrimac,  until  the  next  state  valuation ;  and  said  town  of 
Merrimac  shall  constitute  a  part  of  the  same  election  dis- 
tricts to  which  said  towns  of  Salisbury  and  Amesbury  now 
belong  until  a  new  apportionment  and  division  of  election 
districts  is  made. 

Section  4.  All  paupers  being  relieved  or  supported  by  said 
towns  of  Salisbury  and  Amesbury,  when  this  act  takes  effect, 
shall  receive  such  relief  or  support  thereafter  from  said  town 
of  Merrimac. 

Section  5.  All  taxes  remaining  uncollected  in  either  of 
said  towns,  when  this  act  takes  effect,  shall  be  collected  by 
any  duly  authorized  collector  of  taxes  in  said  town  of  Merri- 
mac, in  the  same  manner  as  is  provided  by  law  for  the  col- 
lection of  taxes  ;  and  said  collector  shall  account  for,  and  pay 
the  same  to,  the  treasurer  of  said  town  of  Merrimac. 

Section  6.  The  boards  of  selectmen,  assessors,  overseers 
of  the  poor  and  school  committee,  and  tiie  town  clerks,  treas- 
urers, collectors  of  taxes,  surveyors  of  highways,  and  all 
other  town  officers  or  committees  of  said  towns  of  Salisbury 
and  Amesbury,  shall,  within  three  days  after  this  act  takes 
effect,  deliver  all  records,  books,  deeds,  vouchers,  moneys, 
tax-bills,  papers,  and  property  belonging  to  said  towns,  and 
in  the  possession  of  any  of  said  officers,  respectively,  to  the 
selectmen  of  said  town  of  Merrimac  ;  and  said  selectmen  shall 
pass  said  records,  books,  deeds,  vouchers  and  property  into 
the  possession  of  such  town  officers  of  said  town  of  Merrimac 
as  are  by  law  properly  entitled  to  their  custody. 

Section  7.  The  selectmen  of  the  two  towns  of  Salisbury 
and  Amesbury  for  the  current  year,  by  a  joint  warrant  under 
their  official  signatures,  directed  to  a  constable  of  each  of 
said  towns,  shall  call  a  town  meeting  of  said  town  of  Merri- 
mac, to  be  holden  on  the  first  Monday  of  Marcli  in  the  year 
one  thousand  eight  hundred  and  seventy-one,  for  the  purpose 
of  choosing  all  usual  and  necessary  town  officers  for  the  year 
ensuing,  and  transacting  all  business  usually  done  at  the  an- 
nual March  or  April  town  meetings  in  this  Commonwealth, 
and  to  pass  upon  any  matters  which  may  be  deemed  expedi- 
ent for  the  purpose  of  carrying  out  the  provisions  of  this  act 


1870.— Chapter  155.  101 

which  warrant  shall  be  posted  in  the  usual  places  for  posting 
town  meeting  warrants  in  each  of  said  towns,  fourteen  days 
at  least  before  the  time  for  holding  said  meeting ;  and  said 
warrants  shall  be  certified  in  manner  as  is  provided  by  law, 
and  returned  to  said  boards  of  selectmen  at  the  time  and 
place  of  "said  meeting;  and  the  senior  chairman  of  said  boards 
present  shall  call  said  meeting  to  order,  and  preside  until  the 
election  of  a  town  clerk  and  moderator ;  and  said  boards  of 
selectmen  shall  prepare  a  list  of  the  qualified  voters  in  their 
respective  towns,  which  list  shall  be  used  in  said  meeting  as 
is  required  by  law  in  town  elections. 

Section  8.    This  act  shall  not  take  effect  unless  the  inhab  f^^'J^^^gg*'^**'' 
itants  of  said  towns  of  Salisbury  and  Amesbury,  respectively,  voters  of  both 


towns. 


qualified  to  vote  in  town  affairs,  shall  accept  the  same  at  a 
legal  town  meeting  called  for  that  purpose,  by  a  majority  of 
the  voters  present  and  voting  thereon  ;  which  meeting  shall 
be  held  in  each  of  said  towns  on  the  third  Monday  of  June, 
in  the  year  eighteen  hundred  and  seventy;  and  the  vote  shall 
be  expressed  by  a  written  or  printed  ballot  of  yea  or  na//,  and 
the  check-list  shall  be  used  as  in  the  election  of  town  officers. 

Approved  April  2,  1870. 

An  Act  to  authorize  the  city  of  Worcester  to  issue  additional  Chap,  155 

WATER  AND  SEWER  SCRIP. 

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

Section  1.  For  the  purpose  of  defraying  all  costs  and  ex-  y^"°'"''?^|.f  „ 
penses  incurred,  or  to  be  incurred,  under  the  authority  of  suoo.oooaddi- 
chapter  one  hundred  and  four  of  the  acts  of  the  year  eigh-  Issufd"^^^  ^^ 
teen  hundred  and  sixty-four,  the  city  council  of  the  city  of 
"Worcester  shall  have  authority  to  borrow,  from  time  to  time, 
such  sums  of  money,  and  to  issue  notes,  bonds  or  certificates 
therefor,  to  be  denominated  on  the  face  thereof,  "  Worcester 
Water  Scrip,"  as  they  shall  deem  necessary,  to  an  amount 
not  exceeding  three  hundred  thousand  dollars,  in  addition  to 
the  amount  heretofore  authorized  for  said  purpose,  upon  the 
same  terms  and  conditions,  and'  with  the  same  authority  in 
regard  to  interest,  and  the  sale  or  pledge  of  said  scrip,  and 
the  payment  of  the  principal  thereof,  and  the  appropriation 
and  assessment  of  money  for  the  payment  of  the  principal 
and  interest  of  the  moneys  so  borrowed,  as  are  contained  in 
section  five  of  the  act  aforesaid. 

Section  2.     For  the  purpose  of  defraying  all  costs  and  ex-  "  sewer  scnp 
penses  incurred,  or  to    be  incurred,  under  the  authority  of  woreest'e7.'° 
chapter  one  hundred  and  six  of  the  acts  of  the  year  eighteen  Hm?ai  may  be 
hundred  and  sixty-seven,  the  city  council  of  said  city  shall  issued. 
have  authority  to  borrow,  from  time  to  time,  such  sums  of 
money,  and  to  issue  ;iotes,  bonds  or  certificates  therefor,  to  be     • 


102  1870.— Chapters  156,  157,  158,  159. 

denominated  "  Sewer  Scrip  of  the  City  of  Worcester,"  as 
they  shall  deem  necessary,  to  an  amount  not  exceeding  two 
hundred  and  fifty  thousand  dollars,  in  addition  to  the  amount 
heretofore  authorized  for  said  purpose,  and  redeemable  in  not 
less  than  ten  years  from  and  after  the  date  thereof. 
Section  3.     This  act  shall  take  effect  upon  its  pas'sage. 

Approved  April  2,  1870. 

Chap.   156  -^^    •^^'^    '^O    INCORPORATE    THE   WALES     SAVINGS   BANK. 

Be  it  enacted,  ^'c,  as  folloivs  : 

Corporators.  SECTION  1.     Elijah  Shaw,  Warren   Shaw,   F.   L.  Burley, 

their  associates  and  successors,  are  hereby  made  a  corpora- 
Name,  tion  by  the  name  of  the  Wales  Savings  Bank,  to  be  located 
Powers  and  du-  in  the  town  of  Walcs ;  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  April  2,  1870. 
Chap.  157  An  Act  to  authorize  the  boston  penny  savings  bank  to  hold 

ADDITIONAL  REAL  ESTATE. 

Be  it  enacted,  §'c.,  as  follows: 
umiTrefi*^!'  SECTION  1.     The  Bostou  Penny  Savings  Bank  is  hereby 

tate.  authorized  to  hold  real  estate  in  addition  to  the  amount  now 

authorized  by  law,  to  the  amount   of  twenty-five  thousand 
,      dollars. 

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

Approved  April  2,  1870. 

Chan     158    ■^^  -^^^  ^^  revive  the   charter   of   THE   CAPE   COD   MUTUAL   FIRE 
■^  '  INSURANCE  COMPANY. 

Be  it  enacted,  Sfc,  as  follows : 

Charter  re-  SECTION  1.     Chapter  eighty-three  of  the  acts  of  the  year 

eighteen  himdred  and  sixty-three,  entitled  an  act  to  incor- 
porate the  Cape  Cod  Mutual  Fire   Insurance  Company,  is 
hereby  revived,  and  the  corporation  therein  named,  may  be 
organized  within  two  years  from  the  passage  of  this  act. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  2,  1870. 

Chap.  159    -^^  -^*^^  RELATING  TO  THE  OAK  BLUFFS  LAND   AND  WHARF  COMPANY. 

Be  it  enacted,  Sfc,  as  follows  : 
May  erect  ho-         SECTION  1.     The  Oak  Bluffs  Land  and  Wharf  Company  is 
gartowii!°         hereby   authorized   to   build  on  its  land  at  Oak  Bluffs,  in 

Edgartown,  a  hotel,  and  to  carry  on  the  same,  and  to   erect 
•     such  other  buildings,  and  to  hold  sucli  personal  property  as 


1870.— Chapter  160.  103 

said  company  may  deem  necessary  ;  and  may  charter,  pur-  May  charter  or 
chase,  or  build  one  or  more  steamboats,  and  run  the  same  to  boats. 
and  from  said  Oak  Bluffs. 

Section  2.     This  act  shall  take  effect  upon  its  passage 

Approved  April  2,  1870. 
An  Act  in  addition  to  an  act  to  incorporate  the  spot  pond  QJidn.  160 

WATER  COMPANY.  ■*    ' 

Be  it  enacted,  Sf'c,  as  follows : 

Section   1.      The   purchase   of  the   franchise,   property,  |°''''^p^^^w 
rights  and  privileges  of  the  Spot  Pond  Water  Company  by  tircom°patiy  by 
the  towns  of  Melrose,  Maiden  and  Medford,  and  the  transfer  dlnTndMed- 
and  conveyance  thereof  by  said  corporation  to  said  towns,  is  an'd'raTmed'"^*^ 
hereby  ratified  and  confirmed  ;  and  said  towns  may  take  and 
hold  the  waters  of  Spot  Pond,  so  called,  situated  in  the  towns 
of  Stoneham  and  Medford,  and  the  waters  which  flow  into 
and  from  the  same,  and  may  convey  the  same  through  the 
town  of  Stoneham,  so  far  as  may  be  necessary,  and  to,  into 
and  through   the  towns   of  Melrose,  Maiden  and  Medford. 
For  this  purpose,  said  towns  may  each  construct  an  aqueduct,  Towns  may 
and  any  two,  or  all  of  them,  if  they  so  agree,  may  unite  and  ducts^reser?*^^'. 
jointly  construct  aqueducts,  from  the  source  above  mentioned,  ^ants'"'^'^^ 
through  any  part  of  the  towns  aforesaid,  and  may  maintain 
the  same  by  suitable  works,  may  make  reservoirs  and  hy- 
drants, and  may  distribute  the  water  throughout  said  towns 
of  Melrose,  Maiden  and  Medford  by  laying  down  pipes,  and 
may  each  from  time  to  time  establish  prices  or  rents  for  the  —may establish 
supply  or  use  of  such  water  within  its  own  limits  ;  and  for  water.  ""^  "^"^  ** 
this  purpose  shall,  in  addition  to  the  rights  already  conferred 
upon  said  towns,  and  whether  acting  separately  or  in  con- 
junction, have,  exercise  and  enjoy  all  the  powers,  rights  and 
authority  conferred  upon  the  Spot  Pond  Water  Company  by 
the  act  to  which  this  act  is  in  addition  ;  subject  to  the  limita- 
tions, obligations  and  restrictions  in  said  act  contained,  except 
as  is  herein  otherwise  provided,  and  except  the  limitations 
contained  in  the  third  section  of  said  act.     But  in  case  two  Provisions  m 
separate  aqueducts  shall  be  constructed  from  said  pond, —  ?ate  Iquedu^ts 
one  from  the  north-easterly  side  of  the  pond,  through  Mel-  are construct- 
rose   and  Maiden,  and  one  from  the  southerly   side  of  the 
pond  to  Medford, — said  town  of  Medford  shall  lay  down  from 
its  main  a  pipe  of  not  less  than  eight  inches  in  diameter,  to 
the  line  of  Maiden,  at  the  junction  of  Salem  Street  in  said 
Medford  and  Pleasant  Street  in  said  Maiden  ;  and  said  town 
of  Maiden  shall  lay  down,  from  its  main  to  the  same  point, 
a  pipe  of  not  less  than  eight  inches  in  diameter,  which  two 
pipes  shall  there  unite  :  provided,  that  in  case  it  shall  at  any  Proviso, 
time  appear  to  a  commission  appointed  as  provided  in  the 


104 


1870.— Chapter  160. 


Towns  may 
take  land  by 
purchase  or 
otherwise. 


— to  file  descrip- 
tion of  land 
taken  in  regis- 
try of  deeds. 


Damages. 


Melrose  may  is- 
sue scrip  to 
amount  of 
$100,000. 
Maiden,  $200,- 
000. 

Medford,  $150,- 
000. 


fourth  section  of  this  act,  that  the  supply  of  water  to  either 
of  said  towns  is  impaired  by  reason  of  such  open  connection, 
so  that  either  town  does  not  receive  its  full  proportion  of  one- 
third  of  the  water,  said  commission  may  make  such  orders 
as  to  closing  such  connection  entirely  or  for  a  portion  of  the 
time,  as  may  be  required  to  secure  to  said  town  the  supply 
and  head  of  water  unimpaired  thereby. 

Section  2.  Said  towns,  and  each  of  them,  may,  for  the 
purpose  of  this  act,  and  the  act  to  which  this  act  is  in  addi- 
tion, take  by  purchase  or  otherwise,  and  hold  such  land  as 
may  be  necessary  for  erecting  and  maintaining  dams  and 
reservoirs,  and  for  laying  and  maintaining  conduits,  pipes, 
drains  and  such  other  works  as  may  be  necessary  for  the 
purity  and  preservation  of  said  waters,  and  for  collecting, 
conducting  and  distributing  the  same  as  herein  provided. 
And  within  sixty  days  after  the  taking  of  any  of  the  land 
aforesaid,  said  town  or  towns  taking  the  same  shall  file  in  the 
registry  of  deeds  for  the  southern  district  of  the  county  of 
Middlesex,  a  description  thereof  sufficiently  accurate  for 
identifying  the  same.  All  claims  for  damages  sustained  by 
taking  land,  water  or  water-rights,  or  by  making  aqueducts, 
reservoirs  or  other  works,  shall  be  ascertained,  determined 
and  recovered,  in  the  manner  now  provided  by  law  in  case  of 
land  taken  for  highways,  except  that  the  complaint  may  be 
filed  within  three  years  after  said  taking.  And  the  liability 
of  said  towns  for  taking  such  water  or  water-rights  shall  be 
joint  and  equal,  and  for  other  acts  in  which  they  or  any  two 
of  them  shall  join  as  provided  in  the  first  section  of  this  act, 
shall  be  joint  on  the  part  of  the  towns  participating,  and  each 
town  shall  be  severally  liable  for  its  separate  acts. 

Section  3.  For  the  purpose  of  defraying  the  cost  of  such 
franchises,  property,  lands,  water  and  water-rights,  as  are 
taken,  purchased  or  held  for  the  purposes  aforesaid,  and  of 
constructing  works  necessary  and  proper  for  the  accomplish- 
ment of  the  purposes  authorized  by  this  act  and  by  chapter 
two  hundred  and  eight  of  the  acts  of  the  year  eighteen  hun- 
dred and  sixty-seven,  and  paying  all  expenses  incident  there- 
to, each  of  said  towns  may  issue  from  time  to  time,  scrip, 
notes  or  certificates  of  debt :  the  town  of  Melrose,  to  an 
amount  not  exceeding  one  hundred  thousand  dollars ;  the 
town  of  Maiden  to  an  amount  not  exceeding  two  hundred 
thousand  dollars,  and  the  town  of  Medford  to  an  amount 
not  exceeding  one  hundred  and  fifty  thousand  dollars.  Such 
scrip  issued  by  the  town  of  Melrose  shall  be  denominated  on 
its  face,  Melrose  Water  Fund  Bonds  ;  that  issued  by  the  town 
of  Maiden  shall  be  denominated  an  its  face.  Maiden  Water 


1870.— Chapter  160.  105 

Fund  Bonds,  and  that  issued  by  the  town  of  Medford  shall  be 
denominated  Medford  Water  Fund  Bonds.  All  such  scrip 
shall  bear  interest,  payable  semi-annually,  and  the  principal 
shall  be  payable  at  periods  not  more  than  twenty  years  from 
the  issuing  of  the  said  scrip,  notes  or  certificates  respectively  ; 
and  each  such  town  may  sell  the  same,  or  any  part  thereof, 
from  time  to  time,  at  public  or  private  sale,  for  the  purpose 
aforesaid,  on  such  terms  and  conditions  as  such  town  shall 
deem  proper.  And  each  of  such  towns  is  further  authorized 
to  make  appropriations,  and  assess  from  time  to  time  such 
amounts  as  it  may  from  year  to  year  decide,  not  exceeding 
in  any  one  year  prior  to  the  year  in  which  the  bonds  mature, 
the  sum  of  five  thousand  dollars,  towards  paying  the  princi- 
pal of  the  money  so  borrowed,  and  also  a  sum  sufficient  to 
pay  the  interest  thereon,  in  the  same  manner  as  money  is  as- 
sessed and  appropriated  for  other  town  purposes. 

Section  4.     The  general  regulation  and  control   of  the  ^^{f/ tole"^ 
waters  in  said  pond,  and  of  the  letting  down  of  the  same,  exercised  by 
shall  be  exercised  and  administered  by  a  joint  board,  com- ^p^oTntedbyth^ 
posed  of  the  officers  or  agents  of  each  town,  who  shall,  from  towns. 
time  to  time,  be  appointed  by  said  towns,  under  authority  of 
the  provisions  of  chapter  two  hundred  and  eight  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-seven  and  this  act,  in 
which  board  each  town  shall  have  an  equal  power  and  au- 
thoritv  :  and,  in  case  said  towns  so  acting  cannot  agree  in  if  towns  dis- 

"'',,-,  c  •  o  .•  J.       J.'  agree,  commis- 

respect  to  the  manner  oi  securmg,  irom  time  to  time,  an  sionerstobe 
equal  share  of  the  water  of  said  pond  to  each  town,  the  su-  gP^remlJu^- 
preme  judicial  court,  or  any  justice  thereof,  upon  application  ciai  court, 
of  either  town  by  their  agents  or  officers  appointed  as  afore- 
said, shall  appoint  three  commissioners  to  award  and  deter- 
mine the  method  in  which  such  supply  shall  be  secured  and 
the  share  of  the  expense  thereof  to  be  borne  by  each  town, 
and  this  award,  when  confirmed  by  said  court,  shall  be  con- 
clusive upon  said  towns. 

Section  5.     The  acts  and  proceedings  of  the  town  of  Mel-  Sfng^s^a""^" 
rose,  at  its  town  meetings,  held  on  the  twenty-fourth  day  .of  Mejro^e,  M^ai- 
September,  in  the  year  eighteen  hundred  and  sixty-nine,  and  ford  confirmed 
on  the  seventh  day  of  October,  in  the  year  eighteen  hundred  ^nd  ratified. 
and  sixty-nine  ;  of  the  town  of  Maiden,  at  its  town  meetings, 
held  on  the  thirteenth  day  of  September,  in  the  year  eighteen 
hundred  and  sixty-nine,  and  on  the   twenty-seventh  day  of 
September,  in  the  year  eighteen  hundred  and  sixty-nine,  and 
of  the  town  of  Medford,  at  its  town  meetings,  held  on  the 
twentieth  day  of  September,  in  the  year  eighteen  hundred 
and  sixty-nine,  and  on  the  twenty-eighth  day  of  January,  in 
the  year  eighteen  hundred  and    seventy,  and,  by   adjourn- 

14 


106  1870.— Chapter  160. 

ment,  on  the  first  day  of  February,  and  on  the  ninth  day  of 
February,  each  in  said  year  of  eighteen  hundred  and  seventy, 
and  the  acts  and  doings  of  the  officers  and  agents  appointed 
at  said  meetings,  or  either  of  them,  in  pursuance  of  the  au- 
thority then  given  them,  and  in  execution  of  the  purposes  of 
this  act  and  the  act  to  which  this  act  is  in  addition,  so  far  as 
the  same  may  appear  to  be  invalid  from  any  want  of  author- 
ity on  the  part  of  said  towns,  are  hereby  authorized,  ratified 
and  confirmed. 
Commission-  SECTION  6.     The  Commissioners   already  chosen   by  said 

Grs  now  in  office 

to  serve  until     towus,  togcthcr  witli  any  successor  chosen  to  fill  a  vacancy 
ai-rqu^TeT'^^  in  the  boards  occasioned  by  resignation  or  otherwise,  shall 
severally  hold  their  office  and  exercise  the  powers  conferred 
upon  them  by  their  respective  towns,  and  the  provisions  of 
this  act,  and  the  act  to  which  this  is  an  addition,  until  their 
Board  of  three  succcssors  are  rcgularly  chosen  and  qualified.     At  the  annual 
sioners  t^b^'   towu  meeting  held  in  the  year  eighteen  hundred  and  seventy- 
chosen.  Qi^Q  there  shall  be  elected  in  each  of  said  towns,  in  the  man- 
ner in  which  selectmen  are  by  law  required  to  be  elected,  a 
board  of  three  water  commissioners  of  the  town,  one  of  whom 
shall  be  elected  to  serve  for  the  period  of  one,  two  and  three 
years  respectively.     And  annually,  thereafter,  there  shall  be 
elected  in  the  same  manner  a  number  equal  to  the  number 
Vacancies,  how  whosc  term  of  scrvicc  then   expires.     All   such   officers   so 
^^^'              chosen  shall  hold  office  until  their  successors  are  chosen  and 
qualified  in  the  manner   required  by  law  for  selectmen  of 
towns,  and  vacancies  occurring  in  the  board  in  any  town 
shall  be  filled  by  the  remaining  member  or  members  of  the 
board  and  the  selectmen  of  the  town,  in  the  manner   now 
provided  by  law  for  filling  vacancies  occurring  in  the  board 
of  school  committee  of  towns.     The  remaining  member  or 
members  of  the  board  shall  in  such  case  exercise  the  powers 
of  the  board  till  the  vacancy  is  filled.     The  boards  of  water 
commissioners  so  chosen  shall  in  each  town  have  the  general 
care  and  custody  of  the  aqueduct  and   water-works  of  the 
Keports,  &c.      towu  and  the  property  connected  therewith.     They  shall  an- 
nually make  a  report  to  the  town  of  their  doings  and  the 
condition    of  the   property   under  their  control,  with  such 
recommendations  as  they  shall  judge  the   interests  of  the 
town  require. 
Surplus  income      SECTION  7.     The  surplus  of  the  uct  iucomc  derived  from 
a^  a^sf^hig^*^'    said  water-works  after  payment  of  the  semi-annual  interest 
^^'^^'              upon  said  scrip,  and  after  deducting  all  charges  of  distribu- 
tion and  repairs,  and  other  expenses  incident  to   the  same, 
and  all  amounts  appropriated  from  time  to  time  by  said  towns 
for  the  payment  of  the  principal  sum  thereof,  under  the  pro- 


1870.— Chapter  161.  107 

visions  of  this  act,  shall,  in  each  town,  be  set  apart  as  a  sink- 
ing fund,  which,  with  the  accumulated  interest  upon  the 
same,  shall  be  devoted  to  the  payment  of  said  scrip  of  said 
town  at  maturity. 

The  rents  received  for  the  use  of  water  shall,  in  the  case  water  rents, 
of  each  town  when  collected,  be  paid  over  to  the  treasurer 
of  the  town,  and  all  sums  set  apart  as  aforesaid,  shall  from 
time  to  time  be  invested  and  re-invested  by  him  in  the  name 
of  tlie  town  of  Medford,  town  of  Melrose,  or  town  of  Mai- 
den, as  the  case  may  be,  in  the  scrip  authorized  by  this  act, 
at  a  price  not  exceeding  its  par  value,  or  on  such  loans  or  in 
such  securities  as  by  law  the  funds  of  savings  banks  may  be 
invested  in,  except  that  no  portion  of  the  same  shall  be  loaned 
directly  or  indirectly  to  either  of  said  towns,  or  upon  mere 
personal  security. 

Sections.  The  accounts  of  such  sinking  funds  shall  be  kept  sinking  fund 

o  t^     accounts  to  be 

apart  irom  the  other  accounts  oi  the  town,  and  m  each  town  kept  separate 
shall  at  all  times  be  open  to  the  inspection  of  the  water  com-  to^ "^accounts. 
missioners  of  said  town.     The  treasurer  of  each  town  shall 
annually  make  a  written  report  to  the  town,  at  its  annual 
meeting,  of  the  condition  of  the  fund  of  the  town,  and  the 
changes  of  investment  during  the  then  preceding  year.     The  Accoimts  and 

o  X  c    •/  SGCUritlGS  to    uG 

selectmen  and  water  commissioners  shall  jointly,  as  often  as  examined  an- 
once  in  each  year,  examine  the  accounts  and  securities  of  the  °"^  ^' 
fund,  and  shall  report  the  result  of  their  examination  to  the 
town,  in  connection  with  the  report  of  the  treasurer. 
Section  9.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  2,  1870. 


Chap.  161 


An  Act  to  incorporate  the  bay  state  mutual  life  insurance 

COMPANY. 

Be  it  enacted,  Sfc,  as  follows: 

Section  1 .    John  Cummings,  Gerry  W.  Cochrane,  Charles  corporators. 
Choate,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Bay  State  Mutual  Life  Insur-  Name  and  pur- 
ance  Company,  to  be  established  and  located  in  the  city  of  ^°^^' 
Boston,  for  the  purpose  of  making  insurance  on  lives  ;  with  rowers  and  du- 
all  the  powers  and  privileges,  and  subject  to  the  duties,  lia- 
bilities and  restrictions  set  forth  in  all  general  laws  which 
now  are  or  may  hereafter  be  in  force  relating  to  such  corpo- 
rations. 

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

Approved  April  5,  1870. 


108 


1870.— Chapters  162,  163. 


Chat).  162  "^^  ^'^^  ^^  INCORPORATE  THE  AUGUSTINIAN  SOCIETY,  OF  LAAVRENCE. 
Be  it  enacted,  ^'c,  as  follows  : 

Corporators.  SECTION  1.    Thomas  Galberry,  John  P.  Gilmore,  Timothy 

Donovan,  William  Harnett,  Hector  P.  Linn,   John  Kiley, 
Hugh  Raflferty,  their  associates  and  successors,  are  hereby 

po^s^f  ^^^  P""""  made  a  corporation  in  Lawrence,  by  the  name  of  the  Augus- 
tinian  Society,  for  the  purpose  of  taking  and  holding  prop- 
erty for  religious  purposes  only,  in  the  city  of  Lawrence  and 
the  town  of  Andover. 

Real  estate.  SECTION  2.     Said  Corporation  may  hold  real  estate  to  the 

amount  of  two  hundred  thousand  dollars,  for  the  aforesaid 
purposes. 

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

Approved  April  8,  1870. 


Chap.US 


City  council 
and  county 
commissioners 
to  have  power 
to  lay  out,  &c., 
streets  and 
highways. 


Proceedings  be- 
fore commis- 
sioners con- 
firmed. 


May  take  land 
and  remove 
buildings. 


Estates  bene- 
fited by  laying 
out,  &c., streets, 
may  be  assessed 
for  portion  of 
expense. 


An  Act  concerning  the  laying  out,  altering,  widening  and 
improving  the  streets  of  the  city  of  worcester. 

Be  it  enacted,  ^c,  as  follows  : 

Section  1.  The  city  council  of  the  city  of  Worcester,  and 
the  county  commissioners  of  the  county  of  Worcester,  shall 
continue  to  have  and  exercise  all  the  power  and  authority  in 
relation  to  the  laying  out,  acceptance,  altering,  widening, 
changing  the  grade  of,  and  discontinuing  of  the  streets  and 
highways  within  said  city,  which  are  vested  in  them,  respec- 
tively, by  the  charter  of  said  city,  and  by  the  general  laws  of 
the  Commonwealth  ;  and  nothing  in  the  provisions  of  chap- 
ter one  hundred  and  seventy-four  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-six,  or  of  chapters  seventy-five 
and  two  hundred  and  seventy-six  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-eight,  nor  the  acceptance  of  said 
acts,  or  of  either  of  them,  by  the  city  council  of  said  city, 
shall  be  construed  to  affect  the  power  and  authority  in  rela- 
tion to  such  streets  and  highways  so  vested  in  said  city  coun- 
cil and  county  commissioners  ;  and  all  proceedings  heretofore 
instituted  or  had  before  said  county  commissioners  in  relation 
to  such  streets  and  highways,  so  far  as  such  proceedings  want 
effect  or  validity  by  reason  of  anything  contained  in  said  acts, 
are  hereby  confirmed,  and  the  same  shall  be  taken  and  deemed 
good  and  valid  in  law  to  all  intents  and  purposes  whatsoever ; 
and  for  the  purpose  of  laying  out,  altering,  widening  and  im- 
proving the  streets  of  said  city,  the  city  council  and  county 
commissioners  may  take  land,  and  may  remove  the  whole  or 
any  part  of  any  buildings  which  in  their  judgment  it  may  be 
necessary  to  take  or  remove. 

Section  2.  When  any  street  or  way  in  the  city  of  Worces- 
ter shall  be  laid  out,  altered,  widened,  graded  or  discontin- 
ued, the  power  to  adjudge  and  determine  whether  any  real 


1870.— Chapter  163.  109 

estate  in  said  city  receives  benefit  and  advantage  therefcom, 
and  to  adjudge  and  determine  the  value  of  such  benefit  and 
advantage  to  any  such  estate,  and  to  estimate  and  assess  upon 
the  san^e  a  proportional  share  of  the  expense  of  such  laying 
out,  altering,  widening,  grading  or  discontinuance,  under  the 
authority  of  said  acts,  and  all  other  powers  vested  by  said 
acts  in  the  board  of  aldermen  of  the  city  of  Boston,  shall, 
except  as  herein  provided,  be  vested  in  and  exercised  by  the 
mayor  and  aldermen  of  the  city  of  Worcester ;  and  the  pro- 
visions of  all  said  acts  and  of  chapter  three  hundred  and 
sixty-seven  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-nine,  shall  extend  and  be  applicable  to  said  city,  except 
as  otherwise  provided  in  this  act :  provided,  that  the  entire  Proviso, 
amount  assessed  for  such  benefit  and  advantage  upon  all  the 
estates  shall  not  exceed  in  amount  one-half  of  such  adjudged 
benefit  and  advantage ;  and  in  no  case  shall  such  assessment 
exceed  the  amount  to  be  paid  by  said  city  for  such  laying  out, 
altering,  widening,  grading  or  discontinuance,  including  dam- 
ages for  land  and  buildings. 

Section  3.  The  mayor  and  aldermen  of  said  city  shall  ^^ n^^^'|I!b"r*  ^° 
have  power  to  make  such  assessments  when  streets  are  laid  mayor  and  ai- 
out,  altered,  widened,  graded  or  discontinued  under  the  order 
of  the  city  council,  or  when  highways  or  city  streets  are  laid 
out,  altered,  widened,  graded  or  discontinued  under  the  or- 
der of  the  county  commissioners,  and  in  such  case  due  allow- 
ance shall  be  made  for  any  benefit  set  off  under  the  provi- 
sions of  section  sixteen  of  chapter  forty-three  of  the  General 
Statutes. 

Section  4.    "When  any  real  estate  shall  receive  any  benefit  —to  be  made 

11  111-  1         •  •  T       •  T  Within  two 

and  advantage  by  the  layiDo-  out,  altering,  widening,  grading  years  after 

J-  .•        •  L-  ^  1  •    I  •t.\-  -A       V        order  for  laying 

or  discontinuing  oi  any  street  or  highway  within  said  city,  out  street, 
and  be  liable  to  assessment  on  account  of  the  benefit  and 
advantage  so  received,  such  assessment  may  be  laid  at  any 
time  within  two  years  after  the  passage  of  the  order  for  the 
laying  out,  altering,  widening,  grading  or  discontinuing,  and 
not  afterwards  ;  and  all  such  assessments  shall  constitute  a 
lien  upon  the  real  estate  so  assessed,  to  be  enforced  in  the 
same  manner,  with  like  charges  for  costs  and  interest,  as  is 
provided  by  law  for  the  collection  of  taxes. 

Section  .5.  This  act  shall  apply  to  the  laying  out,  altering,  construction 
widening,  grading  or  discontinuing  of  streets  and  ways  here- 
after completed  within  said  city,  whether  commenced  before 
or  after  the  passage  of  this  act,  and  shall  not  be  construed  as 
repealing  any  existing  laws  relating  to  the  laying  out,  alter- 
ing, widening,  grading  or  discontinuing  streets  or  ways. 


no 


1870.-— Chapter  164. 


Persons  ag-  SECTION  6.     Any  persoii  aggrieved  by  the  doings  of  the 

apply  for  a  jury,  mayor  and  aldermen  of  said  city  under  this  act  and  the  acts 
herein  referred  to,  may  apply  for  a  jury  by  petition  to  the 
superior  court,  at  any  term  thereof  which  shall  be  holden 
within  the  county  of  Worcester  within  one  year  after  the 
passage  of  the  order  or  proceeding  upon  which  the  applica- 
tion is  founded ;  or  if  a  suit  is  instituted  within  one  year 
wherein  the  legal  effect  of  the  proceedings  of  the  mayor  and 
aldermen  shall  be  called  in  question,  such  application  may  be 
made  at  any  time  within  one  year  after  the  final  determina- 
tion of  such  suit ;  and  thereupon  said  court  shall,  after  due 
notice  to  the  city,  order  a  trial  by  jury  to  be  had  at  the  bar 
of  the  court  in  the  same  manner  in  which  other  civil  causes 
are  there  tried  by  jury,  and  if  either  party  request  it,  the  jury 
shall  view  the  place  in  question. 

Section  7.     This  act  shall  take  effect  whenever  the  same 
shall  be  accepted  by  the  city  council  of  said  city. 

Approved  April  9,  1870. 


Subject  to  ac- 
ceptance by 
city  council. 


Chap.  164 

Corporators. 


Location  and 
construction. 


An  Act  to  incorporate  the  asbury  grove  railroad  company. 

Be  it  enacted,  §c.,  as  follows: 

Section  1.     T.  P.  Richardson,  P.  P.  Tapley,  George  N. 
Noyes,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Asbury  Grove  Railroad  Com- 
Powers  and  du-  pauy ;  with  all  the  powers  and  privileges,  and  subject  to  all 
*^^^- .  the  duties,  restrictions  and  liabilities  set  forth  in  the  general 

laws  which  now  are  or  hereafter  may  be  in  force  relating  to 
railroad  corporations,  except  as  herein  provided. 

Section  2.  Said  corporation  may  locate,  construct,  main- 
tain and  operate  a  railroad,  commencing  at  some  convenient 
point  on  the  railroad  of  the  Eastern  Railroad  Company,  near 
its  depot  in  Hamilton,  and  thence  running  in  the  rear  of  the 
houses  of  Preston  and  Morgan  to  the  Asbury  Grove  Camp 
Ground,  so  called,  in  Hamilton ;  and  may  enter  with  its  road 
upon,  unite  with,  and  use  the  road  of  the  Eastern  Railroad 
Company ;  and  said  Eastern  Railroad  Company  may  enter 
with  its  road  upon,  unite  with,  and  use  the  road  of  said  As- 
bury Grove  Railroad  Company,  subject  to  the  provisions  of 
the  general  laws,  except  as  herein  provided ;  and  said  last 
named  company  may  lease  or  sell  its  road,  franchise  and 
other  property,  to  said  Eastern  Railroad  Company,  and  the 
said  Eastern  Railroad  Company  is  hereby  authorized  to  hire 
or  purchase  the  same,  or  to  contract  for  the  construction  of 
said  railroad. 
Operation  of  Section  3.  The  Operation  of  that  part  of  the  road  hereby 
regulation^"  authorized  to  be  constructed,  which  may  be  located  upon  the 


'   1870.— Chapters  165,  166.  Ill 

land  of  the  Asbury  Camp  Meeting  Association,  shall  be  at  all  theassocia- 
times  subject  to,  regulation  by  said  association ;  and  said  as- 
sociation is  hereby  authorized,  by  a  majority  vote  of  its  mem- 
bers present  and  voting,  at  a  meeting  called  for  the  purpose, 
to  subscribe  for  and  hold  shares  in  the  capital  stock  of  said 
corporation. 

Section  4.     The  capital  stock  of  said  corporation  shall  not  capital  stock 
exceed  fifty  thousand  dollars,  and  shall  be  divided  into  shares  ^° 
of  one  hundred  dollars  each,  the  number  of  which  shall  be 
determined,  from  time  to  time,  by  its  directors. 

Section  5.     This  act  shall  take  effect  upon  its  passage,  and  To  be  located 
shall  be  void  unless  said  railroad  shall  be  located  within  two  year's  and  con- 
years,  and  constructed  within  four  years,  from  the  passage  fou^years!^*'^"^ 
hereof.  Approved  April  9,  1870. 

An  Act  to  authorize  the  stoneham  branch  railroad  company  QJiap.  165 

TO    CONVEY    ITS    PROPERTY    AND    FRANCHISE    TO    THE    BOSTON    AND 
LOWELL  RAILROAD  CORPORATION. 

Be  it  enacted,  ^c,  as  follows  : 

Section  1.    The  vote  of  the  stockholders  of  the  Stoneham  Mayseiifran- 
Branch  Railroad  Company  to  sell  and  transfer  its  property,  ertTto  Bofto'n 
rights,   privileges  and  franchise,  to  the  Boston  and  Lowell  Kanroadcorpo- 
Railroad  Corporation,  pursuant  to  the  provisions  of  its  char-  ration, 
ter,  chapter  two  hundred  and  sixty-eight,  of  the  acts  of  the 
year  eighteen  hundred  and  fifty-nine,  and  the   vote  of  the 
stockholders  of  said  Boston  and  Lowell   Railroad  Corpora- 
tion, to  purchase,  receive  and  hold  said   property,   rights, 
privileges  and  franchise,  are  hereby  sanctioned  and  confirmed 
notwithstanding  any  defects  in  the  records  of  said  Stoneham 
Branch  Railroad  Company,  and  the  present  acting  board  of 
directors  of  said    Stoneham   Branch   Railroad    Company  is 
hereby  authorized  to  sell  and  transfer   to   said  Boston  and 
Lowell  Railroad  Corporation,  the   railroad,  corporate  prop- 
'erty,  rights,  privileges  and  franchise  of  said  Stoneham  Branch 
Railroad  Company,  upon  such  terms  as  the  parties  may  mu- 
tually agree.  •* 

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

Approved  April  9,  1870. 
An  Act  to   authorize  the  county  commissioners  of  hampden  Chop.  166 

COUNTY  TO  take  CERTAIN  LAND,  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     The  county  commissioners  for  the  county  of  Siy  borrow^" 
Hampden  are  hereby  authorized  to  borrow,  upon  the  credit  nioney  to  buiid 
of  said  county,  a  sum  not  exceeding  one  hundred  and  fifty  court  house  in 
thousand  dollars,  for  the  purpose  of  building  a  new   court  sp""^^^^'^- 
house  in  Springfield  ;  and  in  case  they  shall  elect  to  enlarge 


112 


1870.— Chapters  167,  168. 


— may  take 
land,"&c. 


and  repair  their  present  court  house,  instead  of  building  a 
new  one,  they  are  authorized  for  that  purpgse  to  borrow  in 
like  manner  a  sum  not  exceeding  seventy  thousand  dollars. 
Section  2.     Said  county  commissioners,  for  either  of  the 
purposes  named  in  the  first  section  of  this  act,  are  authorized 
and  empowered  to  take  land,  not  exceeding  thirty  feet  in 
length,  and  extending  from  the  present  court  house  westerly 
on  Court  street,  and  of  the  same  width  as  the  present  court 
house  lot. 
Damages  to  be       SECTION  3.     All  damaffcs  occasioucd  by  the  operation  of 
in  case  of  laud   the  sccoud  scctiou  of  this  act,  and  claimed  by  any  party,  may 
ways'!  *°'  '^'    be  determined  and  recovered  in  the  same  manner  as  is  now 
provided  by  law  in  case  of  lands  taken  for  highways. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  9,  1870. 

Chap.  167    An  Act  to  incorporatr  the    lynn  market-house    company. 

Be  it  enacted,  Sfc,  as  follows  : 

Corporators.  SECTION  1.     John  Wooldrcdgc,  Amos  F.  Breed,  Benjamin 

F.  Doak,  their  associates  and  successors,  are  hereby  made  a 

Name  and  pur-  Corporation  in  Lynn,  by  the  name  of  the  Lynn  Market-House 

^°^'^'  Company,  for  the  purpose  of  erecting  and  maintaining  in  the 

city  of  Lynn  a  market-house,  with  a  public  hall,  offices  and 
stores  for  business  purposes,  to  be  connected  with  such  mar- 

powersanddu-  ket-housc  ;  witli  all  the  powers  and  privileges,  and  subject  to 
all  the  duties,  liabilities  and  restrictions  set  forth  in  all  gen- 
eral laws  which  now  arc  or  may  hereafter  be  in  force  relating 
to  such  corporations. 

Section  2.  Said  corporation  may  hold  for  the  purposes 
aforesaid,  real  estate  necessary  and  convenient  for  its  business, 
to  an  amount  not  exceeding  in  value  one  hundred  thousand 
dollars,  divided  into  shares  of  one  hundred  dollars  each  : 
provided.,  hoivever,  that  said  corporation  shall  not  go  into 
operation  until  twenty-five  thousand  dollars  of  its  capital 
stock  shall  be  paid  in  in  cash. 
%    Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  9,  1870. 


Eeal  estate, 
capital  stock 
and  sliares. 


Chap.  168 


May  construct 
wharf  in  Bos- 
ton. 


An  Act  to  authorize  joseph  f.  paul  to  construct  a  wharf  on 

the  southerly  side  of  albany  street  in  boston. 
Be  it  enacted,  Sfc,  as  follows  : 

Section  1.  License  is  hereby  given  to  Joseph  F.  Paul,  of 
Boston,  to  construct  a  wharf  over  the  flats  along  side  his 
present  wharf  on  the  south-easterly  side  of  Albany  street, 
next  to  Dover  street,  in  said  Boston,  to  the  commissioners' 
line,  as  established  May  fourteen,  in  the  year  eighteen  hun- 
dred and  sixty-four,  subject  to  the  provisions  of  section  four 


1870.--CHAPTERS   169,  170,   171.  ■        113 

of  chapter  one  hundred  and  forty-nine  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-six,  with  the  right  to  lay  vessels  ^^^^^/^  ^^^ 
at  the  end  of  said  wharf,  and  to  receive  wharfage  and  dock- 
age therefor  :  provided,  that  this  license  shall  be  subject  to  Proviso, 
the  provisions  of  sections  one  and  two  of  chapter  four  hun- 
dred and  thirty-two  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-nine. 

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

Approved  April  9,  1870. 
An  Act   to  authorize  towns  to  appropriate  money  for  the  (JJiqy)    I59 

CARE  AND  decoration  OF  SOLDIERS*  GRAVES  AND  MONUMENTS.  ^' 

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

Section  1.     Towns  may  at  legal  meetings  grant  and  vote  Towns  may 
such  sums  as  they  judge  necessary  for  the  purpose  of  keep-  repairing7nd"^ 
ing  in  repair  or  decorating  the  graves  within  their  limits,  of  gra?efof1soi- 
soldiers  or  sailors  who  have  died  in  the  military  or  naval  ser-  diers  and  sail- 
vice  of  the  United  States,  or  the  monuments  or  other  memo- 
rials erected  to  their  memory. 

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

Approved  April  12,  1870. 

An  Act  to  define  and  declare  the  rights  of  tenants  for  life  rjhn^   170 

OF  lands  in  respect  to  fixtures.  "' 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     Fixtures   annexed   to   the    freehold  by  the  Fixtures  an- 
tenant  for  life  of  land,  or  his  assigns,  may  be  removed  during  hofd  may  be  re- 
the  continuance  of  the  life  estate,  or  within  a  reasonable  time  ufeTslale"?^ 
after  its  determination  :  provided,  that  in  determining  what  aw'e  timraft«- 
things  annexed  to  the  freehold  are  fixtures,  the  rules  of  the  Proviso, 
common  law  which  prevail  as  between  landlord  and  tenant 
for  years  of  land,  shall  govern. 

Section  2.     Nothing  contained  in    the  preceding  section  Right  of  owner 
shall  impair  or  in  any  way  affect  the  right  of  the  owner  of  ran™enfent'by 
land  to  make  any  different  arrangement,  by  will  or  otherwise,  be^'gtct^d.*'' *° 
as  to  the  removal  of  fixtures,  or  in  any  way  impair  or  affect 
the  provisions  of  any  will  or  other  instrument  by  which  an 
estate  for  life  in  land  is  created  or  limited. 

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

Approved  April  12,  1870. 

An  Act  relating  to  the  discharge  of  mortgages.  Chap.  171 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     Mortgages  may  be  discharged  by  one  of  two  Mortgage  may 
or  more  joint  holders  thereof,  by  an  entry  on  the  margin  of  by  one  of'^fe v- 
the  record  thereof,  in  the  registry  of  deeds,  or  by  deed  of  thereo^f.'^^'^^ 
release,  duly  acknowledged  and  recorded. 

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

15  Approved  April  12, 1870. 


114 


1870.— Chapters  172,  173. 


Chap.  172 

Corporators. 


Name  and  pur- 
pose. 


Powers  and  du- 
ties. 


Fund  to  be  set 
apart  for  pay- 
ment of  annu- 
ities. 


When  one  hun- 
dred apply  for 
insurance,  com- 
pany may  be 
organized. 


Chap,  lis 

Corporators. 


Name  and  pur- 
pose. 


Powers  and  du- 
ties. 


No  bounty  from 
the  Common- 
wealth, 


Real  and  per- 
sonal estate. 


An  Act  to  incorporate  the  American  mutual  life  insurance 

COMPANY. 

Be  it  enacted,  §"c.,  as  follows: 

Section  1.  George  0.  Brastow,  Andrew  McKinney,  A. 
K.  P.  Joy,  their  associates  and  successors,  are  hereby  made 
a  corporation  by  the  name  of  the  American  Mutual  Life  In- 
surance Company,  to  be  located  in  the  city  of  Boston,  for  the 
purpose  of  making  insurance  on  lives,  and  to  grant,  purchase 
and  dispose  of  annuities  ;  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  companies. 

Section  2.  Of  the  required  net  premium  reserve,  there 
shall  be  set  apart  and  held  as  a  separate  fund,  so  much  as 
may  represent  the  aggregate  net  value  of  all  outstanding 
annuities,  and  the  amount  so  reserved  and  set  apart,  shall  be 
applied  only  to  the  payments  due  on  said  annuities. 

Section  3.  When  one  hundred  persons  have  subscribed 
to  become  members  of  said  company,  by  being  insured  for 
one  or  more  years,  or  for  life,  the  first  meeting  may  be  called 
for  the  purpose  of  organizing  the  corporation.  And  the 
guarantee  capital  shall  be  paid  in,  before  any  policies  are 
issued  by  said  company.  Approved  April  12, 1870. 

An  Act  to  incorporate  the  milford  farmers'  club. 
Be  it  enacted,  Sfc,  as  follows: 

Section  1.  A.  C.  Mayhew,  Abraham  Mead,  A.  G.  Under- 
wood, their  associates  and  successors,  are  hereby  made  a  cor- 
poration by  the  name  of  the  Milford  Farmers'  Club,  in  the 
town  of  Milford,  for  the  encouragement  of  agriculture,  hor- 
ticulture, and  the  mechanic  arts,  by  premiums  and  other 
means  ;  with  all  the  privileges  and  powers,  and  subject  to  all 
the  duties,  liabilities  and  restrictions  set  forth  in  all  general 
laws  which  now  are  or  may  hereafter  be  in  force,  relating  to 
such  corporations. 

Section  2.  Said  corporation  shall  never  be  entitled  to,  or 
allowed  to  receive,  any  bounty  or  allowance  of  funds  from 
the  treasury  of  the  Commonwealth  for  the  payment  of  .pre- 
miums, or  for  any  other  purpose. 

Section  3.  Said  corporation  may  hold  real  and  personal 
property  to  the  amount  of  thirty  thousand  dollars,  to  be  de- 
voted exclusively  to  the  purposes  of  said  corporation. 

Approved  April  12, 1870. 


1870.— Chapters   174,   175,  176.  115 

An  Act  to  authorize  charles  roavell  to  extexd  his  wharf  at  (JJiaj).  174 

NEWBURYPORT.  "' 

Be  it  enacted,  Sf'c,  as  follows: 

Section  1.  License  is  hereby  given  to  Charles  Eowell,  ^hLf "in  New- 
subject  to  the  provisions  of  chapter  one  hundred  and  forty-  buryport. 
nine  of  the  acts  of  the  year  eighteen  hundred  and  sixty-six, 
and  the  first  three  sections  of  chapter  four  hundred  and 
thirty-two  of  the  acts  of  eighteen  hundred  and  sixty-nine,  to 
enlarge  his  wharf,  situated  on  the  north-westerly  side  of  the 
Market  Street  Landing,  so  called,  in  Newbury  port,  by  ex- 
tending the  same  in  a  straight  line  with  the  north-westerly 
side  thereof,  twenty-eight  feet,  to  a  point  in  the  channel  on 
a  line  with  the  front  of  the  abutment  of  the  Newburyport 
Bridge,  on  the  Newburyport  side,  and  by  widening  the  same 
so  that  the  front  shall  be  eighty  feet  wide,  and  in  a  straight 
line  with  the  head  of  said  abutment,  and  by  connecting  the 
same  with  the  present  wharf  by  suitable  material. 

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

Approved  April  12,  1870. 

An  Act  to  change  the  name  of  the  religious  society  in  chico-  QJi^v)   1  75 
pee,  incorporated  as  the  sixth  congregational  society  of  *  * 

springfield. 

Be  it  enacted,  Sfc,  as  follows : 

Section  1.     The  religious  society  in  Chicopee  incorporated  ^^^jhh-d'^^oi 
under  the  General  Statutes,  and  called  the  Sixth  Congrega-  gregationai  so- 
tional  Society  of  Springfield,  and  sometimes  called  the  Sixth  opie."^  ^^^*^ 
Congregational  Church  and  Society  of  Springfield,  and  sub- 
sequently known  as   the   Third    Congregational  Society  of 
Chicopee,  shall  be  known  and  called  hereafter  by  the  name 
of  the  Third  Congregational  Society  of  Chicopee,  and  as  such, 
and  under  such  name,  shall  hold  and  possess  all  the  real  es- 
tate and  personal  property,  and  shall  be  entitled  to  all  the 
rights  and  privileges,  and  be  subject  to  all  the  liabilities  of 
the  society  incorporated  and  called  as  aforesaid. 

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

Approved  April  12,  1870. 

An  Act  to  authorize  the  Massachusetts  society  for  promoting  nJiQrf   1  7g 
christian  knowledge,  to  transfer  its  funds  to  other  cor-  •* 

porations. 

Be  it  enacted,  ^'c,  as  follows  : 

The  Massachusetts  Society  for  Promoting  Christian  Knowl-  fu^ds  to^oth' 
edge,  a  corporation  created  by  chapter  fifty-five  of  the  acts  of  religious  or 
the  year  eighteen  hundred  and  six,  is  hereby  authorized  to  porauous!  *^°'^* 
transfer  its  funds  to  any  other  religious  or  charitable  corpo- 
rations within  this  Commonwealth,  legally  competent  to  re- 
ceive the  same  ;  but  all  property  so  transferred,  shall  be  held 


116 


1870.— Chapters  177,  178. 


Chap.  177 


Time  extended 
for  organiza- 
tiou,  &c. 


When  two 
steamships  are 
runniua;,  char- 
ter to  be 
deemed  com- 
plied with. 


Chap.  11^ 


$300,000  addi- 
tional capital 
stock. 


Notice  to  be 
given  to  stock- 
holders before 
stock  is  sold. 


Shares  not 
taken  by  stock- 
holders to  be 
sold  at  public 
auction. 


and  applied  by  the  corporations  receiving  it,  for  such  pur- 
poses only  as  are  authorized  by  said  act  of  incorporation,  and 
by  the  terms  of  the  original  donations  of  said  property. 

Approved  April  12,  1870. 

An  Act  to  extend  the  time  for  organizing  and  collecting 

assessments  of  the  south  of  europe  steamship  company. 
Be  it  enacted,  Sfc,  as  follows  : 

Section  1.  The  time  for  organizing  the  South  of  Europe 
Steamship  Company,  and  for  collecting  assessments  on  its 
capital  stock  to  the  amount  of  one  hundred  thousand  dollars, 
are  hereby  extended  for  the  term  of  two  years  from  the  ninth 
day  of  April  next. 

Section  2.  If  said  company  shall,  within  three  years  from 
said  ninth  day  of  April,  have  two  steamships  running  between 
some  port  in  Massachusetts,  and  some  port  or  ports  in  Europe, 
it  shall  be  deemed  a  compliance  with  the  provisions  of  its 
charter,  as  to  the  time  when  it  shall  begin  to  run  steamships  ; 
but  if,  after  commencing  so  to  run  them,  it  shall  discontinue 
such  running  for  more  than  one  year,  its  charter  shall  be- 
come void. 

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

Approved  April  12,  1870. 

An  Act  to  increase  the  capital  stock  of  the  people's  fire  in- 
surance COMPANY  OF  WORCESTER. 
Be  it  enacted,  Sfc,  as  follows: 

Section  1.  The  People's  Fire  Insurance  Company  of 
Worcester,  is  hereby  authorized  to  increase  its  capital  stock 
to  a  sum  not  exceeding  three  hundred  thousand  dollars  in 
addition  to  its  pi'csent  capital  stock,  to  be  divided  into  shares 
of  one  hundred  dollars  each,  and  to  be  paid  in,  at  par,  with- 
in three  years  from  the  passage  of  this  act,  in  such  instal- 
ments as  the  corporation  shall  from  time  to  time  determine. 

Section  2.  Before  any  sale  of  the  new  shares  authorized 
by  this  act,  the  directors  of  said  company  shall  give  notice 
in  writing  of  such  authorized  increase  to  the  stockholders  ; 
and  within  thirty  days  after  such  notice,  the  stockholders  may 
take  their  proportion  of  such  shares  according  to  the  num- 
ber of  shares  in  the  capital  stock  owned  by  tliem  severally 
at  the  date  of  such  increase.  If  any  shares  then  remain  un- 
sold, the  said  company  shall  dispose  of  the  same  at  public 
auction  for  the  benefit  of  the  company  :  provided,  however, 
that  all  premiums  arising  from  the  sale  of  said  shares  shall 
be  payable  to  such  delinquent  stockholders  or  their  legal  rep- 
resentatives on  demand  within  one  year  from  said  auction  sale. 

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

Approved  April  15,  1870. 


1870.— Chapters  179,   180.  117 

An  Act  relating  to  the  increase  of  capital  stock  by  cor-  Qfidp^  179 

PORATIONS.         "  _      ' 

Be  it  enacted,  Sec,  as  follows : 

Section  1.     Whenever  any  corporation  shall  increase  its  Notice  to  be 

1  1  1        •  1        J  •         i.  given  to  stock- 

capital  stock,  pursuant  to  any  legal  authority,  the  directors  holders  of  in- 

of  such  corporation  shall  give  notice  in  writing,  of  such  in-  uai^^&c".  *^*^" 
crease,  to  each  of  the  stockholders  in  said  corporation,  who 
were  such  at  the  date  of  the  vote  to  increase,  stating   the 
amount  of  the  increase,  the  number  of  shares,  or  fractions  of 
shares,  of  the  new  stock  which  each  stockholder,  at  the  date 
of  such  vote,  is  entitled  to  take,  and  the  time  within  which 
such  new  stock  shall  be  taken,  which  time  shall  not  be  less 
that  thirty  days  from  the  time  of  giving  such  notice  ;  and 
within  said  time  such  stockholders  may  take,  at  par,  their 
proportion  of  such  new  shares,  according  to  the  number  of 
shares  owned  by  them  respectively,  at  the  date  of  such  vote 
to  increase  ;  and  if,  after  the  expiration  of  said  time,  any  fa]f/,f  ^Tstock- 
shares  remain  untaken,  said  directors  shall  sell  the  same  at  holders  to  be 
public  auction,  for  the  benefit  of  the  corporation  ;  but  all  pre-  auction?"^ 
miums  realized  from  such  sales,  shall  be  paid  to  such  stock- 
holders, or  their   legal  representatives,  as  have  not  availed 
themselves  of  their  right  to  take  the  new  stock,  in  proportion 
to  the  number  of  shares  held  by  each,  at  the  date  of  such 
vote  :  provided,  demand  is  made  on  the  corporation  therefor.  Proviso. 
within  one  year  from  the  time  of  such  sale  ;  but  nothing 
herein  contained  shall  authorize  any  corporation  to  sell  any 
of  its  shares  of  stock  for  less  than  the  par  value  thereof. 
Section  2,     This  act  shall  take  effect  upon  its  passage. 

Approved  April  15,  1870. 
An  Act  to  authorize  daniel  n.  kellt  to  build  a  wharf  in  QJiau.  180 

DENNIS.  ^ 

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

Section  1.     License  is  hereby  given  to  Daniel  N.  Kelly  to  May  construct 

T  />i-in  ii  J.1      whari  in  Den- 

construct  a  wharf,  extending  from  his  land  on  the  easterly  nis. 
side  of  Bass  River,  in  the  town  of  Dennis,  towards  the  chan- 
nel of  said  river  ;  with  the  right  to  lay  vessels  at  said  wharf, 
and  receive  wharfage  and  dockage  therefor  :  pro yiV/ec?,  that  subject  to  con- 

T  1  .  1     11   1  1  •  j_       ii         J    i  trol  br  harbor 

all  things  done  under  this  act  shall  be  subject  to  the  deter-  commissioners. 
mination  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  wise  impair  the  legal  rights  of  any 
person;  ^ndi  provided,  further,  ihdX  this  license  may  be  re- 
voked at  any  time,  and  shall  expire  at  the  end  of  five  years 
after  its  taking  efifect,  except  so  far  as  valuable  structures 


118 


1870.— Chapters  181,  182. 


Chap.  181 


Hicks's  Bridge, 
over  Westport 
River,  to  be  a 
public  highway. 


Damages. 


Application  for 
laying  out  to  be 
made  vpithin 
cue  year. 


may  have  been  actually  and  in  good  faith  built  under  the 
same. 

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

Approved  April  15,  1870. 

An  Act  authorizing  the  county  commissioners  of  the  county 

of  bristol,  to  lay  out  hicks's  bridge  as  a  public  highway. 
Be  it  enacted,  §'c.,  as  folloivs  : 

Section  1.  The  county  commissioners  of  the  county  of 
Bristol,  are  hereby  authorized  and  instructed  to  lay  out  as  a 
public  highway,  the  bridge  over  the  east  branch  of  Westport 
River,  called  Hicks's  Bridge,  in  the  same  manner  as  is  now 
provided  by  law  for  laying  out  highways. 

Section  2.  The  same  rule  shall  apply  in  regard  to 
damages  sustained  by  the  proprietor  of  said  bridge,  as  is  now 
provided  by  law  for  taking  land  for  highways. 

Section  3.  This  act  shall  be  void,  unless  an  application 
shall  be  made  by  some  one  of  the  parties  in  interest,  to  the 
said  commissioners,  to  lay  out  said  bridge  as  a  public  high- 
way, within  one  year  from  the  passage  of  this  act. 

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

Approved  April  15,  1870. 

Chap.  182   -^^  ^^'^  ^^  RELATION   TO   A  FREE    BRIDGE    ACROSS  THE   CONNECTICUT 
"  RIVER  BETWEEN  HOLYOKE  AND  SOUTH  HADLEY. 

Be  it  enacted,  ^c,  as  follows : 

Section  1.  The  county  commissioners  of  the  counties  of 
Hampden  and  Hampshire  are  hereby  authorized  and  directed 
to  lay  out  and  construct  a  public  highway  and  bridge,  with 
suitable  approaches,  across  the  Connecticut  River,  in  the 
towns  of  Holyoke  and  South  Hadley,  at  such  place  as  they 
shall  deem  most  expedient,  between  the  dam  of  the  Holyoke 
Water  Power  Company  and  the  southern  boundary  of  the 
county  of  Hampshire. 

Section  2.  Said  county  commissioners  may,  if  they  deem 
it  expedient  in  constructing  said  bridge,  provide  for  the  use 
of  any  portion  thereof  for  horse  railroad  purposes,  and  shall 
at  all  times  after  the  completion  of  said  bridge  determine 
upon  what  terms  and  under  what  conditions  horse  railroads 
may  pass,  on,  over  or  across  said  bridge :  provided,  the  au-. 
thority  granted  by  this  section  shall  not  be  exercised  unless 
the  parties  in  interest  shall  give  good  and  sufficient  sureties 
to  said  commissioners  that  they  will  pay  whatever  additional 
cost  is  made  by  so  constructing  said  bridge,  which  shall  be 
determined  by  said  commissioners. 

Section  3.  All  expenses  incurred  under  this  act,  includ- 
ing all  expenses  of  maintaining  and   keeping  in  repair  said 


Commissioners 
of  Hampden 
and  Hampshire 
may  lay  out 
highway  and 
bridge  across 
Connecticut 
Kiver. 


— may  provide 
for  use  of  bridge 
by  horse  rail- 
roads. 


Proviso. 


Expenses  of 
maintaining 
and  repairing 


1870.— Chapter  182.  119 

bridge  when   completed,  shall   be   borne   and   paid  by   the  ^or1fe\*° both 
counties  of  Hampden  and  Hampshire,  and  such  towns  in  counties. 
said  counties,  in  such  proportion  and  in   such  manner,  as 
shall  be  determined  under  the  following  provisions. 

Section  4.     In  case  the  commissioners  of  the  two  counties  if  commission- 
shall  after  a  reasonable  time  fail  to  agree  upon  the  site  and  Iuprlml°jfdr' 
location  of  said  highway  and  bridge,  or  upon  the  plan  and  ap^po^in't'^om'^^ 
mode  of  constructing  said  bridge,  the  supreme  iudicial  court,  mittee  to  deter- 

■,.       ..  p^  J       •     ,  ,     T    •        ,V  mine  location, 

upon  application  oi  any  party  interested  m  the  same,  may  &c. 
appoint  a  committee,  consisting  of  three  disinterested  per- 
sons, who  shall,  after  duly  notifying  and  hearing  the  parties, 
determine  the  location  of  said  bridge  and  highway  and  the 
plan  and  mode  of  constructing  the  same,  and  make  a  report 
in  writing  to  the  clerk  of  said  court  for  the  county  of  Hamp- 
den, and  their  determination,  so  reported,  when  accepted  by 
the  court,  shall  be  binding  upon  all  parties. 

Section  5.     When  such  highway  and  bridge  are  completed,  foTe'^if  !)°inted 
and  as  soon  as  their  full  cost  ascertained,  said  county  com-  to  apportion 
missioners  shall  file  their  report  of  the  facts,  together  with  m\'intahi?ng, 
the  amount  of  such  cost  in  the  office  of  the  clerk  of  the  su-  founUesTn*if 
preme  judicial  court  for  the  county  of  Hampden  ;  whereupon  towns. 
and  upon  the  application  of  said  county  commissioners  or 
any  party  interested,  and  after  such  notice  as  the  court  may 
order,  said  court  shall  appoint  a  board  of  three  commissioners, 
who  shall  be  sworn  to  the  faithful  discharge  of  their  duties 
hereunder,  and  who,  after  proper  notice  to  and  a  full  hear- 
ing of  all  parties  interested,  shall  award  and  determine  what 
proportional  part  of  the  cost  so  reported,  and  what  propor- 
tional 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  counties  of  Hampden  and 
Hampshire  respectively,  and  by  such  towns  in  the   several 
counties  of  Hampden  and   Hampshire  as  they  shall  award 
and  determine  will  be  specially  benefited  by  said  bridge  ;  and 
they  shall  also  award  and  determine  how,  and  by,  and  to  whom, 
such  proportional  amounts  shall  be  paid. 

Section  6.     The  determination   and  award  of  said  com-  Award  of  com- 
missioners, or  the  majority  of  them,  shall  be  by  them  reported  be  bind\ng 
in  writing  to  the  supreme  judicial  court  for  the  county  of  by  lupr*eme^*ju- 
Hampden,  and  upon  acceptance  by  said  court,  and  judgment  diciai  court. 
and  decree  entered  thereon,  shall  be  binding  upon  all  parties 
named  therein,  and  such  proceedings  may  be  had  upon  such 
judgment  or  decree  to  enforce  and  carry  into  efiect  the  same, 
as  is  provided  by  law  in  civil  cases  in  said  court.     The  com- 
pensation and  expense  of  said  commission  shall  be  paid  in 
such  manner  as  they  shall  determine,  subject  to  the  approval 


120 


1870.— Chapter  182. 


If  commission- 
ers of  either 
county  refuse 
to  act,  the  com- 
missioners of 
the  other  coun- 
ty to  have  full 
powers. 


If  commission- 
ers of  one 
county  con- 
struct highway, 
&c.,  supreme 
judicial  court  to 
enter  decree, 
&c. 


Selectmen  of 
Holyoke  and 
Hadley  to  have 
superintend- 
ence of  bridge. 


Cost  of  repairs. 


Liability  for 
defects  in 
bridge. 


Counties  may 
borrow  $150,- 
000. 


Compensation 
may  be  allowed 
to  owners  of 
swing  ferry. 


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  appointment  of  the  board  of  commissioners 
and  final  judgment  or  decree,  may  be  done  by  any  justice  of 
said  court  as  well  in  vacation  as  term  time. 

Section  7.  In  case  the  commissioners  of  either  of  the 
aforesaid  counties  of  Hampden  and  Hampshire  shall,  on  ap- 
plication of  any  party  interested,  and  for  twenty  days,  neg- 
lect or  refuse  to  act  upon  the  authority  granted  in  this  act, 
the  commissioners  of  the  other  aforesaid  county  are  hereby 
authorized  and  empowered  to  lay  out  and  construct  such 
highway  and  bridge,  and  to  report  th^ir  doings  and  expendi- 
tures therefor  to  the  supreme  judicial  court,  as  herein  pro- 
vided, and  in  every  other  particular  to  have  and  exercise  the 
autliority  herein  previously  granted  the  commissioners  of  said 
counties  of  Hampden  and  Hampshire  jointly,  save  and  ex- 
cept that  after  entry  of  the  final  judgment  or  decree  herein 
before  mentioned  by  the  supreme  judicial  court,  the  com- 
missioners of  both  of  said  counties  shall  have  joint  control 
over  said  bridge. 

Section  8.  In  case  the  commissioners  of  one  of  said 
counties  shall  lay  out  and  construct  such  highway  and  bridge 
and  report  their  doings  and  expenditures  as  in  the  last  sec- 
tion provided,  said  supreme  judicial  court  shall  appoint  com- 
missioners, receive  their  report,  enter  judgment  or  decree 
thereon  in  the  same  manner  as  previously  provided. 

Section  9.  The  selectmen  of  the  town  of  Holyoke  and 
South  Hadley,  after  the  completion  of  said  bridge,  shall  have 
the  care  and  superintendence  of  said  bridge,  its  abutments 
and  piers,  and  cause  them  to  be  kept  in  good  repair  and 
safe  and  convenient  for  travel ;  the  cost  of  the  repairs,  care 
and  superintendence  of  said  bridge  to  be  borne  by  such 
parties  as  the  board  of  commissioners  shall  determine  under 
authority  herein  before  granted. 

Section  10.  Liability  for  defects  in  the  bridge,  its  abut- 
ments and  piers  shall  exist  on  the  part  of  the  towns  of  Hol- 
yoke and  South  Hadley  in  such  proportions  as  the  county 
commissioners  of  the  counties  of  Hampden  and  Hampshire 
shall  determine. 

Section  11.  The  county  commissioners  of  the  counties  of 
Hampden  and  Hampshire  are  hereby  authorized  to  borrow 
upon  the  credit  of  said  counties,  a  sum  not  exceeding  one 
hundred  and  fifty  thousand  dollars  for  the  purpose  of  carry- 
ing into  effect  the  authority  granted  in  this  act. 

Section  12.  There  may  be  allowed  and  paid  as  expenses 
under  section  three  of  this  act  to  the  owners  of  the  swing 


1870.— Chapters  183,  184.  121 

ferry  now  operating  immediately  below  the  proposed  bridge, 
such  sum  as  the  commissioners  shall  consider  a  fair  and  legal 
compensation  to  said  owners  for  the  injury  done  them  by  the 
erection  of  said  bridge. 

Section  13.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  18,  1870. 
An  Act  authorizing  towns  to  unite  in  the  election  of  super-  Chap.  183 

INTENDENTS    OF    SCHOOLS. 

Be  it  enacted^  Sfc,  as  follows  : 

Section  1.    Any  two  or  more  towns  may,  by  a  vote  of  each,  ^"P^hoofg^^a"* 
form  a  district  for  the  purpose  of  employing  a  superintendent  be  employed  by 
of  public  schools  therein,  who  shall  perform  in  each  town  the  t^wnTj^STtiy. 
duties  prescribed  by  law. 

Section  2.  Such  superintendent  shall  be  annually  ap — manner  of 
pointed  by  a  joint  committee  composed  of  the  chairman  and  salary*,  &c!^ ' 
secretary  of  the  school  committee  of  each  of  the  towns  in 
said  district,  who  shall  determine  the  relative  amount  of  ser- 
vice to  be  performed  by  him  in  each  town,  fix  his  salary,  and 
apportion  the  amount  thereof  to  be  paid  by  the  several  towns 
and  certify  the  same  to  the  treasurer  of  each  town.  Said 
joint  committee  shall,  for  the  purposes  named  in  this  section, 
be  held  to  be  the  agents  of  each  town  composing  the  district 
aforesaid.  Approved  April  18,  1870. 

An  Act  concerning  shell-fish  in  the  town  of  wellfleet.       Chap.  1 84 
Be  it  enacted,  §'c.,  as  follows  : 

Section  1.     The  town  of  Wellfleet,  at  any  legal  meeting  ^l^^lf^^lJ 
called  for  the  purpose,  may  make  such  regulations  or  by-laws  tions  for  pro- 
as they  may  from  time  to  time  deem  expedient  to  protect  and  gsh!"'^  °  ^^^^' 
preserve  the  shell-fish  within  the  waters  of  said  town,  and 
the  inlets  therefrom  :  provided,  always,  that  no  regulation  or  proviso. 
by-law  made  as  above,  shall  infringe  upon  the  laws  of  this 
Commonwealth, 

Section  2.  Whoever  takes  any  shell-fish  from  within  the  penalty  for  vio- 
waters  of  the  said  town,  in  violation  of  the  laws  established 
by  the  provisions  of  this  act,  shall  for  every  offence  pay  a  fine 
of  not  less  than  five,  nor  more  than  ten  dollars,  and  costs  of 
prosecution,  and  one  dollar  for  every  bushel  of  shell-fish  so 
taken ;  said  fines  and  forfeitures  imposed  under  this  act  to 
be  recovered  by  indictment  or  information  before  a  trial  jus- 
.  tice  in  the  county  of  Barnstable. 

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

Approved  April  18,  1870. 
16 


122 


1870.— Chapters  185,  186,   187,  188. 


Chap.  185 


Provisions  of 
1870,  75,  uot  to 
affect  pending 
cases. 


Chap.  186 


An  Act  in  addition  to  the  act  in  relation  to  laying  out  high- 
ways AND  town  ways. 
Be  it  enacted,  &fc.,  as  follows  : 

Section  1.  Nothing  contained  in  chapter  seventy-five  of 
the  acts  of  the  year  eighteen  hundred  and  seventy,  shall  affect 
any  case  pending  when  the  same  goes  into  operation  under 
the  laws  thereby  repealed,  but  such  cases  shall  proceed  to 
final  judgment  the  same  as  if  such  laws  had  not  been  re- 
pealed. 

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

Approved  April  18,  1870. 

An  Act  to  authorize  amos  a.  sargent  to  extend  his  wharf 

in  haverhill. 
Be  it  enacted,  Sfc,  as  follows : 

Section  1.  Amos  A.  Sargent  is  hereby  authorized  to  ex- 
tend his  wharf,  situated  on  the  northerly  side  of  the  Merri- 
mack River  in  Haverhill,  a  distance  of  thirty-five  feet  into  the 
river,  in  a  southerly  direction. 

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

Approved  April  18, 1870. 
•  1g7  An  Act   to  authorize  john  w.  leatherbee  to  construct   a 

wharf  on   the    southerly   side    of  ALBANY  STREET   IN   BOSTON. 

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

Section  1.  License  is  hereby  given  to  John  W.  Leather- 
bee  to  construct  a  wharf  over  the  flats  on  the  south-easterly 
side  of  Albany  street,  in  Boston,  directly  opposite  the  land 
which  he  owns  on  the  other  side  of  said  street,  to  the  com- 
missioners' line,  subject  to  the  provisions  of  section  four,  of 
chapter  one  hundred  and  forty-nine,  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-six,  and  to  the  provisions  of  sec- 
tions one,  two  and  three,  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-nine  ;  with  the  right  to  lay  vessels  at  the 
Wharfage  and  end  of  said  wharf,  and  to  receive  wharfage  and  dockage  there- 
dockage.  ^^^^  ^^^  sxich.  right  to  lay  vessels  at  the  sides  of  said  wharf, 

and  to  receive  wharfage  and  dockage  therefor,  as  the  harbor 
commissioners  shall  prescribe. 

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

Approved  April  18,  1870. 

Chat)     188   -^^  ■^^'^  "^^   authorize  the  mechanics    SAVINGS   BANK   OF   LOWELL 
■*   '  TO  HOLD  REAL  ESTATE. 

Be  it  enacted,  Sfc.,  as  follows : 

Section  1.  The  Mechanics  Savings  Bank,  located  in  the 
city  of  Lowell,  is  hereby  authorized  to  hold  real  estate  to  the 
amount  of  one  hundred  thousand  dollars :  provided,  that  no 
part  of  said  amount  shall  be  invested  in  real  estate,  except  in 


May  build 
wharf  in  Ha- 
verhill. 


Chap 


May  construct 
wharf  in  Bos- 
ton. 


May  invest 
$100,000  in  real 
estate  for  a 
banking  house. 


1870.— Chapters   189,   190,   191.  123 

the  purchase  of  a  suitable  site,  and  in  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  interest  of  said  corporation. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  18,  1870. 
An  Act  to  authorize  the   union  institution  for  savings,  in  Chap.  189 

THE  CITY  or  BOSTON,  TO  HOLD  ADDITIONAL  REAL  ESTATE. 

Be  it  enacted,  ^c,  as  follows : 

Section  1.     The  Union  Institution  for  Savings,  in  the  city  f^^'^^J.^^i' 

n  -rt  ••'i  I'l  111  1  •  Ti-     tional  real  es- 

of  Boston,  IS  hereby  authorized  to  liold  real  estate,  in  addi-  tate. 
tion  to  what  is  now  authorized  by  law,  to  an  amount  not  ex- 
ceeding one  hundred  thousand  dollars. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  18, 1870. 

An  Act  to  incorporate  the  watertown  savings  bank.  Chap.  190 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.  Nathaniel  Whiting,  Joshua  Coolidge,  Charles  corporators. 
J.  Barry,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Watertown  Savings  Bank,  to  Powers  and  du- 
be  located  in  the  town  of  Watertown ;  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  18, 1870. 
An  Act  in  addition  to  an  act  making  appropriations  for  ex-  Chap.  191 

PENSES  OF  the  STATE  ALMSHOUSES  ;  THE  STATE  PRISON  ;  THE  RE- 
FORM SCHOOL  AT  WESTBOROUGH ;  THE  MASSACHUSETTS  NAUTICAL 
SCHOOL,  AND  FOR  OTHER   PURPOSES. 

Be  it  enacted,  Sfc,  asfolloivs: 

Section  1.    The  sums  hereinafter  mentioned  are  appropri-  Appropriations 

i>     1  r>     1       /-I  1  autlionzed 

ated  to  be  paid  out  of  the  treasury  ot  the  Commonwealth, 
from  the  ordinary  revenue,  unless  otherwise  specified,  for  the 
purpose  of  meeting  the  current  expenses  of  the  institutions 
hereinafter  named,  and  for  other  purposes,  during  the  year 
ending  December  thirty-first,  in  the  year  eighteen  hundred 
and  seventy,  to  wit : 

charitable. 

For  the  current  expenses  of  the  state  almshouse  at  Tewks-  Tewksbury 
bury,  a  sum  not  exceeding  fifty  thousand  dollars,  in  addition  current"ex- 
to  the  appropriation  heretofore  made.  &%^.^7i. 


124 


1870.— Chapter  191. 


Monson  alms- 
house :  current 
expenses. 
G.  S.  71;  1866, 
209. 


Bridgewater 
almshouse : 
current  ex- 
penses. 
G.  S.  71;  1866, 
198. 

Visiting  agent, 
State  charities ; 
clerical  assist- 
ance and  con- 
tingent ex- 
penses. 
1869,  453. 


General  agent: 
expenses. 
1863,  240. 
Secretary : 
expenses. 
1863,  240. 

Board  of  State 

charities : 

expenses, 

1863,  240. 

State  lunatic 

paupers  in 

State  hospitals. 

G.  S.  73;  1864, 

288. 

Burial,  State 

paupers. 

G.  S.  70;  1867, 

97, 

State  paupers 

supported  by 

towns. 


Massachusetts 
infant  asylum. 


Coroners'  in- 
quests. 
G  8.  157,  175. 
State  alms- 
house loan. 
1852,275;  1854, 
355. 

Asylum  for  the 
blind. 

Res.  1869,  19. 
Idiotic  and 
feeble-minded 
youth. 

Kes.  1861,26: 
1869,  9. 
Deaf  and 
dumb. 

Res.  1847,  94; 
1864,38;  1865, 
60;  1869,333. 


For  the  current  expenses  of  the  state  almshouse  and  state 
primary  school  at  Monson,  a  sum  not  exceeding  thirty-five 
thousand  dollars,  in  addition  to  the  appropriation  heretofore 
made. 

For  the  current  expenses  of  the  state  almshouse  and  state 
workhouse  at  Bridgewater,  a  sum  not  exceeding  twenty-two 
thousand  dollars,  in  addition  to  the  appropriation  heretofore 
made. 

For  such  clerical  and  other  assistance  as  the  visiting  agent 
of  the  board  of  state  charities  may  find  necessary,  a  sum  not 
exceeding  two  thousand  seven  hundred  dollar*,  in  addition 
to  the  amount  heretofore  appropriated ;  and  for  the  contin- 
gent expenses  of  said  agent,  a  sum  not  exceeding  four  thou- 
sand eight  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  one  thousand  dollars. 

For  travelling  and  other  expenses  of  the  board  of  state 
charities,  a  sum  not  exceeding  five  hundred  dollars. 

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

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

For  the  support  of  state  paupers  by  cities  and  towns,  a  sum 
not  exceeding  twenty-five  thousand  dollars,  the  same  to  in- 
clude 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  chapter  twelve  of  the  acts  of 
eighteen  hundred  and  sixty-nine. 

For  the  re-imbursement  of  the  Massachusetts  infant  asylum 
for  expenses  incurred  in  the  support  of  state  pauper  infants 
during  the  year  eighteen  hundred  and  seventy  and  previous 
years,  a  sum  not  exceeding  three  thousand  dollars. 

For  the  expenses  of  coroners'  inquests,  a  sum  not  exceed- 
ing seven  hundred  and  fifty  dollars. 

For  the  state  almshouse  loan  sinking  fund  for  the  redemp- 
tion of  scrip,  the  sum  of  six  thousand  dollars. 

For  the  Perkins  institution  and  Massachusetts  asylum  for 
the  blind,  the  sum  of  thirty  thousand  dollars. 

For  the  Massachusetts  school  for  idiotic  and  feeble-minded 
youth,  the  sum  of  sixteen  thousand  five  hundred  dollars. 

For  the  support  of  Massachusetts  beneficiaries  in  the  asylum 
for  deaf  and  dumb,  and  in  other  institutions,  a  sum  not  ex- 
ceeding thirty  thousand  dollars. 


1870.~Chapter  191.  125 

For  the  annuities  due  from  the  Commonwealth,  incurred  Johonnotannu- 
by  the  acceptance  of  the  bequests  of  the  late  Martha  Johon-  Res.'i84i,o5; 
not,  a  sum  not  exceeding  one  thousand  four  hundred  dollars.  ^^*^'  ^^' 

For  expenses  attending  the  management  of  cases  of  settle-  settlement  and 
ment  aiid  bastardy  in  eighteen  hundred  and  seventy  and  isGafLo.' 
previous  years,  a  sum  not  exceeding  two  thousand  dollars% 

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

For  the  support  of  Indian  state  paupers,  in  accordance  Indian  state 
with  the  provisions  of  chapter  four  hundred  and  sixty-three  p'^"!'^''^- 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-nine,  a 
sum  not  exceeding  one  thousand  dollars. 

EEFORMATORY  AND  CORRECTIONAL. 

For  the  current  expenses  of  the  state  prison,  a  sum  not  ex-  state  prison, 
ceeding  eighty-three   thousand  dollars,  in  addition  to  the  plnseT.*^^' 
amount  heretofore  appropriated.  1864,303. 

For  the  current  expenses  of  the  state  reform  school  for  state  reform 
boys  at  Westborough,  a  sum  not  exceeding  thirty-five  thou-  g.  s.  r'e. 
sand  dollars,  in  addition  to  the  amount  heretofore  appropri- 
ated. 

For  the  current  expenses  of  the  state  industrial  school  for  state  industrial 
girls  at  Lancaster,  a  sum  not  exceeding  fifteen  thousand  dol-  g.  s^r's. 
lars,  in  addition  to  the  amount  heretofore  appropriated. 

For  expenses  incurred  in  the  arrest  of  fugitives  from  jus-  Fugitives  from 
tice,  a  sum  not  exceeding  one  thousand  five  hundred  dollars.  G'.V.*^ir7. 

For  the  salary  of  an  agent  for  the  relief  of  discharged  con-  Agent  for  re- 
victs,  a  sum  not  exceeding  eight  hundred  dollars;  and  for  lief  of  dis- 

■  .  -,     ^        °  1 .  charged  con- 

the  expenditures  of  said  agent,  a  sum  not  exceeding  one  victs. 
thousand  five  hundred  dollars.  m.'    '       ' 

For  the  current  expenses  of  the  Massachusetts  nautical  Nautical  school. 
school,  a  sum  not  exceeding  thirty-five  thousand  dollars,  in 
addition  to  the  amount  heretofore  appropriated. 

MISCELLANEOUS. 

For  the  compensation  and  expenses  of  the  commissioners  Commissioners 

1       /-(/-(     1   1        1  T-.         •  ,     on  Cape  Cod 

on  the  Cape  Cod  harbor,  at  rrovmcetown,  a  sum  not  exceed-  Harbor. 
ing  seven  thousand  dollars,  the  same  to  be  taken  and  paid  ^^^'  ^  ' 
from  the  coast  defence  fund. 

For  the  compensation  of  an  agent  appointed  by  the  gov-  ^11^^'^^"*^^ 
ernor  under  the  provisions  of  chapter  two  hundred  and  one  common- 
of  the  acts  of  eighteen  hundred  and  sixty-nine,  and  for  the  c7s"li!d  ex^en- 
expenses  of  said  agent  and  of  the  treasurer  of  the  Common-  tfltuig loauTn' 
wealth  on  a  visit  to  Europe  in  the  summer  of  eighteen  hun-  Europe. 
dred  and  sixty-nine,  to  sell,  dispose  of  or  hypothecate  certain 


126  1870.— Chapters  192,  193,  194,  195. 

scrip,  a  sum  not  exceeding  seven  thousand  eight  hundred  and 
eighty-five  dollars. 

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

Approved  April  22,  1870. 


Chaj).  192 


An  Act  concerning  the  state  map. 
Be  it  enacted,  §'c.,  as  follows  : 
Secretary  to  se-      The  Secretary  of  the  Commonwealth  is  hereby  authorized 
of^corr^e^tiona^*  to  sccurc  the  copy-right  of  such  corrections  as  may  be  added 
&c^'^'^'^ '^'^^'    to  the  state  map  during  the  year  eighteen  hundred  and 
seventy,  by  Henry  F.  Walling,  the  present  superintendent  of 
said   map,  and  to  modify  the  existing  contract  with  said 
Walling  for  the  publication  of  said  map  so  as  to  include  the 
term  of  the  new  copy-right,  and  to  remove  the  present  re- 
strictions upon  the  price  of  said  map,  as  far  as  the  same  ap- 
plies to  its  public  sales.  Approved  April  22,  1870. 

Chat)     193    ^^  -^^^  ^^  ^^-^  ^^^  TIMES  AND  PLACES  OF  HOLDING  PROBATE  COURTS 
^  IN  THE  COUNTY  OF  NORFOLK. 

Be  it  enacted,  Sfc,  as  follows  : 
Probate  courts  The  scssious  of  the  probatc  court  in  the  county  of  Norfolk 
County"^''  shall  be  held  at  Dedham  on  the  first  and  third  Wednesdays, 
at  Quincy  on  the  second  and  at  Hyde  Park  on  the  fourth 
Wednesday  of  each  and  every  month  except  August,  instead 
of  at  the  times  and  places  now  required  by  law. 

Approved  April  22,  1870. 

Chap.  194  -^^   ■^^'^   RELATING   TO   THE   TRUSTEE   PROCESS. 

Be  it  enacted,  Sj-c,  as  follows : 
Amendment  to      The  words  "  pcrsou  "  and  "  corporation  "  in  section  one  of 
G.  s.  142,  §  1.     ci^apter  one  hundred  and  forty-two  of  the  General  Statutes 
shall    include   non-residents,   and   corporations   established 
Proviso.  under  the  laws  of  other  states  :  provided  such  non-residents 

and  corporations  have  usual  places  of  business  in  this  Com- 
monwealth. Approved  April  22,  1870. 


Chap.  195 


An  Act  to  regulate  the  clam  fishery  in  and   around  the 
shores  of  plymouth,  kingston  and  duxbury. 

Be  it  enacted,  ^t.,  as  follows : 

Selectmen  may  SECTION  1.  The  Selectmen  of  the  towns  of  Plymouth, 
fopuSf^g  Kingston  and  Duxbury,  may,  by  writing  under  their  hands, 
clams.  grant  a  license  for  such  a  term  of  years  not  ex-ceeding  five, 

as  they  in  their  discretion  may  deem  necessary  and  that  the 
public  good  requires,  to  any  inhabitant  of  their  respective 
towns,  to  plant,  cultivate  and  dig  clams  upon  and  in  any  flats 
and  creeks  in  their  respective  towns,  not,  however,  impair- 
ing the  private  rights  of  any  person. 


1870.— Chapter  196.  127 

Section  2.      Such  license   shall  describe  by  metes  and  License  to  be 
bounds  the  flats  and  creeks  so  appropriated,  and  shall  be  re- 
corded by  the  town  clerk  before  it  shall  have  any  force  ;  and  Fees, 
the  person  licensed  shall  pay  to  the  selectmen  for  their  use 
two  dollars,  and  to  the  clerk  fifty  cents. 

Section  3.     The  person  so  licensed,  his  heirs  and  assigns.  Person  licensed 
shall  for  the  purposes  aforesaid,  have  the  exclusive  use  of  the  dlma'^er*^'^ 
flats  and  creeks  described  in  the  license,  during  the  time  spe-  pfslers*'*^" 
cified  therein,  and  may  in  an  action  of  tort  recover  treble 
damages  of  any  person  who,  without  his  or  their  consent, 
digs  or  takes  clams  from  such  flats  or  creeks  during  the  con- 
tinuance of  the  license. 

Section  4.     The  towns  of  Plymouth,  Kingston  and  Dux-  Towns  may 
bury,  at  any  legal  meeting  called  for  the  purpose,  may  make  for  protection 
such  by-laws,  as  they  may  from  time  to  time  deem  expedient,  eries'.*^^^  '^^'^" 
to  protect  and  preserve  the  shell  fisheries  within  said  towns 
respectively :  provided,  always,   that  no   by-laws  made   as 
above  shall  infringe  upon  the  laws  of  the  Commonwealth. 

Section  5.  Whoever  takes  any  shell-fish  from  within  the  Penalties  for 
waters  of  the  said  towns  of  Plymouth,  Duxbury  ^nd  Kings-  [aws.''°'^*^^^''' 
ton,  in  violation  of  the  by-laws  established  by  them  respec- 
tively, or  of  the  provisions  of  this  act,  shall  for  every  offence 
pay  a  fine  of  not  less  than  five  or  more  than  ten  dollars  and 
cost  of  prosecution,  and  one  dollar  for  every  bushel  of  shell- 
fish so  taken,  said  fine  and  forfeiture  imposed  under  this  act 
to  be  recovered  by  indictment,  or  by  complaint  before  a  trial 
justice  in  the  county  of  Plymouth.      Approved  April  22, 1870. 

An  Act  to  authorize  towns  to  re-establish  the  school  district  QJidj)^  196 

SYSTEM.  ^* 

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

Section  1.  Any  town  in  which  the  school  district  system  school  districts 
was  abolished  by  chapter  one  hundred  and  ten,  or  by  chap-  "abiished!^*" 
ter  four  hundred  and  twenty- three,  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-nine,  may  at  a  meeting  called  for 
the  purpose,  within  two  years  from  the  passage  of  this  act, 
by  a  vote  of  two-thirds  of  the  legal  voters,  present  and  vot- 
ing thereon,  re-establish  such  school  districts. 

Section  2.     School  districts  re-established  under  the  pro-  -cpporate 

n     ,       n  •  n     t  '  in  rights  and  liE- 

visions  01  the  first  section  oi  this  act,  shall  possess  corporate  buities. 
rights  and  powers,  and  be  subject  to  liabilities '  the  same  as 
befc?re  they  were  abolished. 

Section  3.    When  any  town  votes  to  re-establish  its  school  Propertj^  to  be 

J..  ,  ''..  n     t  •  niiT-        re-appraised 

districts  under  the  provisions  oi  this  act,  all  school  district  and  restored  to 
property  appraised  and  taken  under  the  provisions  of  chapter    '''*"'^*®- 
one  hundred  and  ten  or  chapter  four  hundred  and  twenty- three 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-nine,  which 


128 


1870.— Chapters    197,  198. 


Tax  to  be  lev- 
ied equal  to 
value  of  prop- 
erty restored. 


Proviso. 


Chap.  197 


Part  of  West- 
minster an- 
nexed to 
Princeton. 


C%;.  198 


May  maintain  a 
home  for  aged 
and  indigent 
women. 


May  receive 
grants,  &c., 
not  exceeding 
$100,000. 


is  still  in  the  possession  of  the  town  and  used  for  public 
school  purposes,  may  forthwith  be  re-appraised  under  the  di- 
rection of  the  town  and  restored  to  said  districts.  And  at 
the  next  annual  assessment  thereafter,  a  tax  shall  be  levied 
and  paid  into  the  treasury  of  the  towns,  upon  each  district, 
equal  to  the  amount  of  the  appraised  value  of  its  property 
thus  restored,  or  the  public  school  property  may  be  divided 
among  the  several  districts  and  adjusted  in  any  other  manner 
agreed  upon  by  the  town  at  a  legal  meeting  :  provided,  noth- 
ing in  this  act  shall  be  construed  to  require  an  appraisal  of 
school  property  in  towns  where  the  school  district  property 
has  not  been  taken,  appraised  and  the  value  thereof  remitted 
to  the  several  districts  as  provided  by  law. 

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

Approved  April  22,  1870. 

An  Act  to  annex  a  portion   of  the   town  of  Westminster  to 

the  town  of  princeton. 
Be  it  enacted,  §*c.,  as  follows  : 

Section  1.  So  much  of  the  town  of  Westminster  as  is 
south  of  the  following  described  line  is  hereby  annexed  to 
the  town  of  Princeton,  to  wit :  beginning  at  a  stake  and 
stones  on  the  line  dividing  the  towns  of  Westminster  and 
Princeton,  and  on  the  northerly  side  of  a  road  leading  from 
John  W.  Hadley's  house  to  the  town  of  Leominster  ;  thence 
east  six  rods  six  links  ;  thence  south  sixty-seven  and  one-half 
degrees  east  twenty-eight  rods  ;  thence  south  eighty-nine  and 
one-half  degrees  east  fourteen  rods  ;  thence  north  eighty- 
eight  degrees  east  four  rods  fifteen  links ;  thence  south 
eighty-five  and  one-half  degrees  east  thirty  rods  ten  links  to 
the  line  dividing  the  towns  of  Westminster  and  Leominster, 
meaning  to  set  off  to  the  town  of  Princeton  all  that  portion 
of  the  town  of  Westminster  south  of  the  northerly  line  of 
the  road  leading  from  John  W.  Hadley's  house  to  the  town 
of  Leominster. 

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

Approved  April  22,  1870. 
An  Act  in  addition  to  an  act  to  incorporate  the  taunton 

FEMALE  charitable  ASSOCIATION. 

Be  tl  enacted,  ^x.,  as  follows  : 

Section  1.  The  Taunton  Female  Charitable  Association, 
in  addition  to  the  powers  now  vested  in  said  corporation,  is 
hereby  authorized  to  establish  and  maintain  in  the  city  of 
Taunton  a  home  for  the  relief  of  aged  and  indigent  women ; 
and  said  association  is  hereby  authorized  to  receive  grants, 
devises  and  donations,  for  the  use  and  purposes  herein  before 


1870.— Chapters  199,  200.  129 

specified  :  provided,  that  the  amount  of  the  real  and  personal 
estate  held  by  said  association  shall  not  exceed  in  value  the 
sum  of  one  hundred  thousand  dollars,  and  that  the  annual 
income  shall  not  exceed  the  sum  of  ten  thousand  dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  22,  1870. 

An  Act  in  relation  to  a  public  library  in  holyoke.  CAflfT).  199 

Be  it  enacted,  ^'c,  as  fulloivs : 

Section  1.     William   Whiting,   John    E.    Chase,   Edwin  corporators. 
Chase,  their  associates  and  successors,  are  hereby    made  a 
corporation  by  the  name  of  the  Holyoke  Public  Library,  for  xame  and  pur- 
the  formation  and  maintenance  of  a  public  library  and  mu-  p°'®- 
seum  in  Holyoke;  with  all  the  powers  and  privileges,  and  Powers  and  du- 
subject  to  all  the  duties  and  liabilities  set  forth  in  all  general  *^^*" 
laws  which  now  are  or  may  hereafter  be  in  force  in  this  Com- 
monwealth, and  applicable  to  such  corporations. 

Section  2.     Said  corporation  shall  have  authority  to  hold  Eeai  and  per- 
real  and  personal  estate  to  the  amount  of  one  hundred  thou-  ^°"'*^  estate. 
sand  dollars,  for  the  purposes  aforesaid,  exclusive  of  books, 
collections  in  natural  liistory,  and  works  of  art. 

Section  3.     The  management  and  control  of  the  property  Directors  to 
of  said  corporation  shall  be  vested  in  a  board  of  directors,  cont?ff prop- 
consisting  of  not  less  than  five  in  number,  to  be  elected  by  ^^'^^"' 
said  corporation,  to  be  citizens  of  Holyoke  and  members  of 
said  association  ;  and  said  board  of  directors  shall  have  power  —to  make  by- 
to  adopt  all  necessary  by-laws  and  regulations  for  the  man-  ^^^*'  ^^' 
agement  of  the  same,  subject  to  the  approval  of  the  corpora- 
lion. 

Section  4.     So  long  as  said  corporation  shall  allow  the  Town  may  ap- 
inhabitants  of  the  town  of  Holyoke  free  access  to  its  library  suppmo/"'^ 
at  reasonable  hours,  for  the   purpose  of  using  the  same  on  ^^^^"^y- 
the  premises,  said  town  may  appropriate  and  pay  annually 
towards  defraying  the  expenses  of  maintaining  said  library 
and  museum,  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  22,  1870. 
An  Act  to  incorporate  the  st.    francis  de  sales  society  of   Chat)  200 

CHARLESTOWN.  -^       ^ 

Be  it  enacted,  ^'c,  as  follows  : 

Section  1.     John  B.  Cary,  John  Cass,  P.  F.  Coffey,  their  corporators, 
associates  and  successors,  are  hereby  made  a  corporation  by 
the  name  of  the  St.  Francis  De  Sales  Society  of  Charles-  xame. 
town,  for  charitable  and  benevolent  purposes ;  with  all  the  ^eZ^"  ^°*^  *^"* 
17 


130 


1870.— Chapter  201. 


Real  and  per- 
sonal estate. 


Chap.  201 


District  cotirt 
of  Northern 
Berkshire  es- 
tablished; 


— to  consist  of 
cue  standing 
justice  and  two 
special  justices. 


Clerk  to  be  ap- 
pointed by  gov- 
ernor. 


Either  justice 
may  issue  war- 
rants. 

Fees  not  al- 
lowed for  war- 
rants issued  by 
justice  of  the 
peace. 

Courts  for  crim- 
inal business ; 


powers  and  privileges,  and  subject  to  all  the  duties,  liabilities 
and  restrictions  set  forth  in  the  General  Statutes  relating  to 
such  corporations. 

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  April  22,  1870. 

An  Act  to  establish  the  district  court  of  northern  Berkshire. 
Be  it  enacted,  ^c,  as  follows : 

Section  1.  A  court  is  hereby  established  in  the  town  of 
Adams,  under  the  name  of  the  District  Court  of  Northern 
Berkshire,  and  the  towns  of  Adams,  Clarksburg,  Savoy, 
Florida  and  Cheshire,  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  perform  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  chapter  one  hundred  and  sixteen  of  the  Gen- 
eral Statutes  and  by  all  general  laws  passed  in  amendment 
thereof,  applicable  to -the  several  police  courts  of  the  Com- 
monwealth, and  all  provisions  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  ap- 
plicable to  the  several  police  courts  of  the  Commonwealth, 
except  those  before  mentioned,  shall  apply  to  the  district 
court  of  Northern  Berkshire  hereby  established. 

Section  2.  Said  court  shall  consist  of  one  standing  justice 
and  two  special  justices,  to  be  appointed,  commissioned  and 
qualified  pursuant  to  the  constitution  and  laws  of  the  Com- 
monwealth. 

Section  3.  A  clerk  of  said  court  shall  be  appointed  and 
commissioned  by  the  governor,  and  shall  faithfully  perform 
all  services  required  by  law  of  the  clerks  of  like  courts  in 
this  Commonwealth. 

Section  4.  Either  of  the  justices  of  said  court  may  issue 
warrants  in  all  proper  cases  No  justice  of  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. 

Section  5.  A  court  shall  be  held  in  some  suitable  place 
or  places,  to  be  furnished  by  the  county  of  Berkshire  in  said 
Adams,  for  criminal  business  daily,  except  on  Sundays  and 


1870.— Chapter  201.  131 

legal  holidays,  at  nine  o'clock  in  the  forenoon,  and  in  the 
afternoon  whenever  it  appears  expedient  to  said  justice.  The  — forcivu  busi- 
court  shall  be    held  for  civil  business  weekly  at  the  north  '^^^*- 
village  of  said  Adaais,  and  on  the  first  Wednesday  in  each 
month  at  the  south  village  of  said  Adams. 

Section  6.  The  standing  justice  of  said  court  shall  receive  salaries  of  jus- 
an  annual  salary  of  twelve  hundred  dollars,  to  be  paid  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  courts  ;  and 
the  clerk  of  said  court  shall  receive  an  ainiual  salary  of  four 
hundred  dollars,  to  be  paid  from  the  treasury  of  the  Com- 
monwealth. 

Section  7.  Said  court  shall  also  have  original  concurrent  Jurisdiction, 
jurisdiction  with  the  superior  court  in  the  county  of  Berk- 
shire, in  all  personal  actions  in  which  the  debt  or  damages 
demanded,  or  property  replevied,  does  not  exceed  in  amount 
or  value  three  hundred  dollars.  And  on  the  return  day  of  Trial  by  jury, 
the  writ,  either  party  may  demand  a  trial  by  jury,  which 
shall  be  granted  by  said  court.  If  neither  party  demand  a 
trial  by  jury,  the  right  to  have  such  trial  shall  be  taken  to  be 
waived.  The  jury  trial  shall  be  had  in  accordance  with  the 
provisions  of  chapter  one  hundred  and  thirty-two  of  the  Gen- 
eral Statutes.  The  judgment  of  said  court  in  all  personal 
actions  in  which  the  title  to  real  estate  is  not  put  in  issue  by 
the  pleadings,  shall  be  final. 

Section  8.     All  cases  pending  at  the  time  this  act  shall  Casespending 

m  DolicG  court 

take  full  effect,  whether  civil  or  criminal,  in  the  police  court  of  Adams  to  be 

of  the  town  of  Adams,  shall  be  transferred  to  and  have  day  districTcourt" 

in  the  proper  day  and  term  of  the  district  court  of  northern 

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,  and  then  all 

such  writs  and  processes  shall  be  made  returnable  to  the 

days  and  terms  herein  established. 

Section  9,     The  records  of  the  said  police   court  of  the  Police  court 
town  of  Adams  shall  be  placed  and  remain  in  the  custody  transferred  to 
of  the  clerk  of  the  said  district  court  of  Northern  Berkshire.  <"*t"ct  court. 


132  1870.— Chapter  201. 

Laws  establish-      SECTION  10.     All  laws  establisliinp;    the    police   court   of 

ill*"'  D0I1C6  court 

repealed.  Adams,  or  giving  jurisdiction  to  said  court,  except  so  far  as 

it  may  be  necessary  that  the  same  should  be  supported  for 
the  purposes  of  this  act,  and  all  acts  and  parts  of  acts  incon- 
sistent with  the  provisions  of  this  act,  are  liereby  repealed 
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. 
romme'Sbe-      SECTION  11.     All  proceedings  duly  commcnced  bcforc  any 
fore  act  takes     trial  justicc  Or  justice  of  the  peace  for  the  county  of  Berk- 
fsheVby  ju's-  ^  sliirc  withiu  said  district  before  this  act  shall  take  full  effect, 
tices,  &c.  gijg^Q  i^Q  prosecuted  and  determined  as  if  this  act  had  not  been 

passed. 
J^ocls°s7rom  SECTION  12.     No  Writ  or  process  issued  by   said  district 

district  court  court  in  civil  actious  or  proceedings  shall  run  into  or  be 
ot°her°county"  °  scrvod  iu  any  county  other  than  Berkshire  County,  except 
except,  &c.  jjg  provided  in  section  seven  of  chapter  one  hundred  and 
twenty  and  in  section  seventy-seven  of  chapter  one  hundred 
wriUsTw^ved  ^"^  forty-two  of  the  General  Statutes.  And  in  all  civil 
upon  defendant  actious  iu  Said  court  whcreiu  the  writ  or  process  is  served 

m  another  it/'t  .  11  -r>ii. 

county,  and  upou  the  deicndant  m  any  county  other  than  Berkshire 
er'"not  more^'  Couuty,  cxccpt  as  above  provided,  if  the  plaintiff  finally  re- 
than$20.  covers  a  sum  not  exceeding  twenty  dollars  for  debt  or  dam- 

ages he  shall  be  entitled  to  no  costs,  except  as  provided  in 
the  following  section,  but  the  defendant  shall  recover    the 
costs  to  which  he  would  have  been  entitled  if  he  had  been 
the  prevailing  party, 
piahitm-'^recov-        SECTION  13.     If  the  plaintiff's  claim,  in  a  writ  served  upon 
ers^ more  than    the  defendant  out  of  Berkshire  County,  as  established  on  the 
trial,  exceeds  twenty  dollars  and  is  reduced  to  that  amount 
or  less,  or  is  overbalanced  by  set-offs  which  could  not  have 
been  proved  in  payment,  it  shall  be  considered,  for  the  pur- 
poses of  the  preceding  section,  as  having  exceeded    twenty 
dollars,  and  the  party  who  finally  recovers  judgment  in  the 
suit  shall  be  entitled  to  his  costs, 
retlhi  fe^^to         Section  14.     The  justice  of  said  district  court  may  retain 
amount  paid  for  to  his  owu  usc,  from  the  fccs  reccivcd  in  said  court,  all  sums 
special  justices,  paid  by  him  for  the  services  of  any  special  justices  :  provided, 
roviso.  ^|_j^  g^^^  g^  retained  shall  not  in  any  one  year  exceed  eight 

per  centum  of  the  annual  salary  of  such  justice.  But  no 
justice  or  clerk  of  said  court  sliall  receive  any  compensation, 
besides  his  regular  salary  or  allowance,  for  making  or  issuing 
in  any  capacity  complaints,  warrants,  subpoenas  or  other  pro- 
cess which  he  is  by  law  authorized  to  issue,  or  for  any  ser- 


1870.— Chapter  20Q.  133 

vice  performed  by  him  in  the  discharge  of  his  official  duties 
in  said  court. 

Section  15.     This  act  shall  take  effect,  so  far  as  appoint-  whenActtakes 
ing,   commissioning    and   qualifying    the    standing  justice,  ^^^'^^' 
special  jnstices  and  clerk  of  said  district  court  are  concerned, 
upon  its  passage,  and  it  shall  take  full  effect  on  the  first  day 
of  June  next.  Approved  April  25,  1870. 

Ax  Act  to  establish  the  district  court   of   southerx  berk-  Chcip.Q,02 

SHIRE. 

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

Section.  1.  A  court  is  hereby  established  in  the  town  of  district  court 
Great  Barrington,  under  the  name  of  the  District  Court  of  Berkshire  es- 
Southern  Berkshire,  and  the  towns  of  Sheffield,  Great  Bar- ^'^^"'^"'^ 
rington,  Egremont,  Alford,  Mount  Washington,  Monterey, 
and  New  Marlborough,  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  perform  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  Wor- 
cester, by  chapter  one  hundred  and  sixteen  of  the  General 
Statutes,  and  by  all  general  laws  passed  in  amendment  there- 
of, applicable  to  the  several  police  courts  of  the  Common- 
wealth ;  and  all  provisions  of  law  relating  to  criminal  and 
civil  proceedings,  the  taxation  of  costs,  the  payment  of  fines, 
and  expenses  of  court,  the  accounting  and  settling  with 
county  and  towns  for  money  paid  into  court  as  forfeitures  or 
otherwise,  and  all  other  returns  and  requirements  of  law  ap- 
plicable to  the  several  police  courts  of  the  Commonwealth, 
except  those  before  mentioned,  shall  apply  to  the  district 
court  of  Southern  Berkshire  hereby  established. 

Section  2.     Said  court  shall  consist  of  one  standing  jus — to  consist  of 
tice  and  two  special  justices,  to  be  appointed,  commissioned  "Jldce'^andtwo 
and  qualified  pursuant  to  the  constitution  and  laws  of  the  special  justices. 
Commonwealth.    The  standing  justice  shall  receive  an  annual  salaries. 
salary  of  twelve  hundred  dollars,  to  be  paid  from  the  treasury 
of  the  Commonwealth  ;  and  the  compensation  of  the  special 
justices  shall  be  determined  and  paid  in  the  manner  now 
provided  by  law  for  special  justices  of  police  courts.     The  Duties  of  clerk 
duties  required  by  law  of  the   clerks  of  like  courts  in  this  standiug°jus-^ 
Commonwealth  shall  be  performed  by  the  standing  justice  of  *^'=^- 
said  court. 

Section's.     Either  of  the  justices  of  said  court  may  issue  Either  justice 
warrants  in  all  proper  cases.     No  justice  of  the  peace  shall  ^^^it^^^  ^*'' 
hereafter  be  allowed  any  fees  for  warrants  issued  within  said 


134 


1870.— Chapter   202. 


Courts  forcrim 
inal  and  civil 
business. 


Jurisdiction. 


Trial  by  jury. 


Proceedings 
commenced  be- 
fore justices, 
&c.,  before  Act 
takes  etTect, 
how  prose- 
cuted, &c. 


Writ  or  civil 
process  from 
district  court 
not  to  run  into 
other  county, 
except,  &c. 


Costs,  where 
writ  is  served 
upon  defendant 
in  another 
county,  and 
plaintifF  recov- 
ers not  more 
than  $20. 


Costs  where 
plaintiff  recov- 
ers more  than 


district,  and  all  warrants  so  issued  shall  be  made  returnable 
before  said  court. 

Section  4.  A  court  shall  be  held  in  some  suitable  place 
to  be  furnished  by  the  county  of  Berkshire,  in  said  Great 
Barrington,  for  criminal  business  daily,  except  on  Sundays 
and  legal  holidays,  at  nine  o'clock  in  "the  forenoon,  and  for 
civil  business  weekly,  on  Saturday,  at  ten  o'clock  in  the 
forenoon.  The  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. 

Section  5.  Said  court  shall  also  have  original  concurrent 
jurisdiction  with  the  superior  court  in  the  county  of  Berk- 
shire in  all  personal  actions  in  which  the  debt  or  damages  de- 
manded or  property  replevied  does  not  exceed  in  amount  or 
value  three  hundred  dollars.  And  on  the  return  day  of  the 
writ,  either  party  may  demand  a  trial  by  jury,  which  shall  be 
granted  by  said  court.  If  neither  party  demand  a  trial  by 
jury,  the  right  to  have  such  trial  shall  be  taken  to  be  waived. 
The  jury  shall  be  had  in  accordance  with  the  provisions  of 
chapter  one  hundred  and  thirty-two  of  the  General  Statutes. 
The  judgment  of  said  court  in  all  personal  actions  in  which 
the  title  to  real  estate  is  not  put  in  issue  by  the  pleadings 
shall  be  final. 

Section  6.  All  proceedings  duly  commenced  before  any 
trial  justice  or  justice  of  the  peace  for  the  county  of  Berk- 
shire within  said  district,  before  this  act  sball  take  full  effect, 
shall  be  prosecuted  and  determined  as  if  this  act  had  not  been 
passed,  and  except  as  herein  provided  the  jurisdiction  of  trial 
justices  and  justices  of  the  peace  shall  be  excluded  within 
the  judicial  district  created  by  this  act. 

Section  7.  No  writ  or  process  issued  by  said  district  court 
in  civil  actions  or  proceedings  shall  run  into  or  be  served  in 
any  county  other  than  Berkshire  County,  except  as  provided 
in  section  seven  of  chapter  one  hundred  and  twenty,  and  in 
section  seventy-seven  in  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  defend- 
ant 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 
entitled  to  no  costs,  except  as  provided  in  the  following  sec- 
tion, but  the  defendant  shall  recover  the  costs  to  which  he 
would  have  been  entitled  had  he  been  the  prevailing  party. 

Section  8.  If  the  plaintiff's  claim,  in  a  writ  served  upon 
the  defendant  out  of  Berkshire  County,  as  established  on  the 
trial,  exceeds  twenty  dollars  and  is  reduced  to  that  amount 


1870.— Chapters  203,  204  135 

or  less,  or  overbalanced  by  set-offs  which  could  not  have  been 
proved  in  payment,  it  shall  be  considered,  for  the  purposes 
of  the  preceding  section,  as  having  exceeded  twenty  dollars, 
and  tlie  party  who  finally  recovers  judgment  in  the  suit,  shall 
be  entitled  to  his  costs. 

Section  9.     The  justice  of  said  district  court  may  retain  Justice  may  re- 

lRLII  IGG9  to 

for  his  own  use  from  the  fees  received  in  said  court  all  sums  amount  paid  for 
paid  by  him  for  the  services  of  any  special  justice  ;  but  no  speclaf  justices. 
justice  of  said  court  shall  receive  any  compensation  besides  Proviso, 
his  regular  salary  or  allowance  for  making  or  issuing  in  any 
capacity  complaints,   warrants,  subpcenas  or   other   process 
which  he  is  by  law  authorized  to  issue,  or  for  any  service  per- 
formed by  him  in  the  discharge  of  his  official  duties  in  said 
court. 

Section  10.     This  act  shall  take  effect,  so  far  as  the  ap-  ^^^^^^^^^^^^^ 
pointing,  commissioning  and  qualifying  the  justices  of  said 
district  court  are  concerned,  upon  its  passage,  and  it  shall 
take  full  effect  on  the  first  day  of  July  next. 

Approved  April  25,  1870. 

An  Act  in  relation  to  acting  assistant  clerks  or  courts.    Chap.  203 
Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     In  any  court  of  record  in  this  Commonwealth  ^jj'f^jfj.^f  j,^'" 
for  which  no  assistant  clerk  is  provided  by  law,  the  acting  courts,  may  be 
assistant  clerk  being  approved  and  sworn  as  such  by  the  pre-  absencfof  "^ 
siding  justice  at  any  term  of  such  court,  shall,  in  the  absence  clerks. 
of  the  clerk  of  said  court,  be  deemed  to  be  th6  clerk  for  the 
performance  of  all  official  duties  during  said  term. 

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

Approved  April  25, 1870. 
An  Act  to  authorize  the  fitchburg  savings  bank  to  hold  real  (^^^«  204 

ESTATE.  ^' 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.    The  Fitchburg  Savings  Bank  is  hereby  au-  May  invest 
thorized  to  hold  real  estate  to  the  amount  of  one  hundred  esfate  forV^^ 
and  twenty-five  thousand  dollars  :  provided^  that  no  part  of  ^^'^^^^i^^s  '^o"^^- 
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  in  whole  or  in  part  for  bank- 
ing 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  April  25,  1870. 


136 


1870.— Chapter  205. 


Chap.  205 


Coal  to  be  sold 
by  weight,  two 
thousand 
pounds  to  the 
ton. 


Coal  to  be 
weighed  by 
sworn'  weigh- 
ers. 


Record  to  be 
kept,  and  cer- 
tificates of 
weight  to  be 
given. 


Purchaser  of 
Ave  hundred 
pounds  of  coal 
may  have  it 
weighed  by  a 
sworn  weigher 
other  than  tlie 
seller. 


Fees  to  be  paid 
by  purchaser. 

Penalty  for 
fraud  by  seller. 


Penalties. 


Repeal. 


An  Act  relating  to  the  sale  and  weighing  of  coal. 

Be  it  enacted,  Sfc,  as  foliates: 

Section  1.  All  anthracite,  bituminous  or  mineral  coal 
shall  hereafter  be  sold  by  weight,  and  except  when  sold  by 
the  cargo,  two  thousand  pounds  avoirdupois  shall  be  the 
standard  for  the  ton  by  which  the  same  shall  be  weighed  and 
sold. 

Section  2.  The  mayor  and  aldermen  or  selectmen  of 
every  place  where  such  coal  is  sold,  shall  appoint  suitable 
persons,  one  or  more  of  whom  shall  not  be  engaged  in  the 
business  of  selling  coal,  to  be  weighers  of  coal,  who  shall  be 
sworn,  and  be  removable  at  the  pleasure  of  the  board  ap- 
pointing them,  and  all  coal  shall  be  weighed  by  such  sworn 
weighers. 

Section  3.  On  or  before  the  delivery  of  any  such  coal  to 
a  purchaser,  the  seller  shall  cause  the  same  to  be  weighed  by 
a  sworn  weigher  of  the  place  in  which  the  same  is  sold  or 
delivered, .who  shall  keep  a  record  thereof  for  the  use  of  both 
parties,  and  a  certificate  of  the  weight  thereof,  signed  by  such 
weigher,  when  so  requested,  shall  be  delivered  to  the  pur- 
chaser or  his  agent  at  the  time  of  the  delivery  of  the  coal. 

Section  4.  When  the  purchaser  of  coal,  in  quantities  of 
five  hundred  pounds  or  more,  shall  so  request  before  the  de- 
livery thereof,  the  seller  shall  cause  the  same  to  be  weighed 
by  a  sworn  weigher,  not  the  seller  nor  in  his  employ,  and  not 
engaged  in  the  business  of  selling  coal,  and  a  certificate  of 
the  weight  thereof  shall  be  delivered,  signed  by  such  weigher, 
to  the  purchaser  or  his  agent  at  the  time  of  the  delivery  of 
the  coal.  The  fees  for  such  weighing  to  be  paid  by  the  pur- 
chaser. 

Section  5.  Any  fraud  or  deceit  in  the  weight  of  coal  on 
the  part  of  the  seller,  or  those  employed  by  him  to  sell,  weigh 
or  deliver  the  same,  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  dollars,  and  not  more  than  seventy-five  dol- 
lars for  each  offence. 

Section  6.  Whoever  violates  any  of  the  provisions  of  the 
first,  second,  third  and  fourth  sections  of  this  act,  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars,  and 
not  more  than  seventy-five  dollars  for  each  offence. 

Section  7.  Sections  one  hundred  and  eighty-seven,  one 
hundred  and  eighty-eight,  one  hundred  and  eighty-nine  and 
one  hundred  and  ninety  of  chapter  forty-nine  of  the  General 
Statutes,  and  chapter  one  hundred  and  ninety-one  of  the  acts 
of  the  year  one  thousand  eight  hundred  and  sixty-five  are 
hereby  repealed.  Ajyproved  April  28, 1870. 


1870.— Chapters  206,  207,  208.  137 

An  Act  relating  to  sentences  in  criminal  cases.  Cliai).  206 

Be  it  enacted,  ^"c,  as  follows  : 

Section  1.  When  the  punishment  of  solitary  imprisonment  sentences  for 

fivG  vGftrs  im- 

and  confinement  at  hard  labor  for  a  term  not  exceeding  five  pnsonment 
years,  is  awarded  by  the  court,  against  a  convict,  such  sen-  "cfm  jaii^state 
tence  may  be  executed  either  in  the  house  of  correction,  jail,  Pf'correctioT^^ 
or  state  prison. 

Section  2.     Section  sixteen  of  cliapter  one  hundred  and  Repeal, 
seventy-four  of  the  General  Statutes,  is  hereby  repealed. 

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

Approved  April  28,  1870. 

An  Act  concerning  sidewalks  in  the  city  of  chelsea.         ChdP.  207 

Be  it  enacted,  ^'c,  as  follows : 

Section  1.     The  mayor  and  aldermen  of  the  city  of  Chel-  sidewalks  may 

DG  constructGCl 

sea  are  hereby  authorized  to  construct  sidewalks,  and  to  in  cheisea,  and 
complete  any  partially  constructed  sidewalk,  with  edge  stones,  ses^ld'upon 
in  said  city,  and  to  cover  the  same  with  brick,  flat  stones,  abutters, 
concrete  or  other  appropriate  material ;  and  the  expense  of 
sucli  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  are  now  collected  ;  and  such 
sidewalks,  when  constructed,  shall  thereafter  be  maintained 
at  the  expense  of  said  city. 

Section  2.     This  act  shall  "take  effect  whenever  the  city  subject  to  ac- 
council  of  said  city  shall  by  a  two-thirds  vote  of  each  branch  coundi!*^  ^^^^ 
thereof,  accept  the  same.  Approved  April  28, 1870. 

An  Act  concerning  travel  on  haverhill  bridge.  Chap.  208 

Be  it  enacted,  Sfc,  as  follows : 

Section  1.  No  person  shall  ride  or  drive  any  horse,  or  Not  to  drive 
mule,  on  or  over  any  part  of  Haverhill  Bridge,  in  the  county  foslerthaffa 
of  Essex,  at  a  rate  faster  than  a  walk.  ^^*'^' 

Section  2.    Whoever  violates  the  provisions  of  section  one  Penalty  for  vio- 
of  this   act,  shall  forfeit  the  sum  of  one  dollar  for  each  and  ^^^°'^^' 
every  offence,  for  each  and  every  horse  or  mule  so  ridden  or 
driven. 

Section  3.     The  city  of  Haverhill  shall,  within  ten  days  Haverhiu  and 
after  this  act  shall  take  effect,  cause  to  be  posted  and  kept  post  notices, 
up,  in  a  conspicuous  place  at  the  northerly  end  of  said  bridge,  "n^^er  penalty. 
a  painted  board,  with  a  white  ground,  containing  in  black 
letters  the  substance  of  said  section  one,  and  the  town  of 
Bradford  shall  cause  a  similar  notice  to  be  posted  and  kept 
up  at  the  southerly  end  of  said  bridge  ;  and  said  city  or  town 
neglecting  so  to  post  and  keep  up  the  required  notice  shall 

18 


138  1870.— Chapter  209. 

forfeit  and  pay,  for  each  day's  neglect,  the  sum  of  ten  dollars 
to  the  use  of  the  county.  Approved  April  28, 1870. 

Chap.  209  An  Act  to  authorize  the  city  of  lynn  to  provide  for  the 

PAYMENT    OF   ITS    MUNICIPAL    DEBT, 

Be  it  enacted,  ^c,  as  follows  : 

May  raise  SECTION  1.    The  city  of  Lyuu  is  hereby  authorized  to  raise 

™ry°bytTxa"tion  by  taxatiou,  upou  the  polls  and  estates  in  said  city,  a  sum 

fundfOTre°^     not  Icss  than  ten  thousand  dollars,  nor  more  than  twenty 

bonds.'°°  °^      thousand  dollars,  annually,  until  the  maturity  of  the  bonds 

hereafter  mentioned,  which  said  sum,  with  the. interest  and 

accumulations  thereon,  shall  constitute  a  sinking  fund  for 

the  redemption,  at  maturity,  of  that  portion  of  the  bonds  of 

said  city,  issued  prior  to  the  passage  of  this  act,  and  for  the 

payment  of  which  no  provision  has  heretofore  been  made ; 

and  said  sinking  fund  shall  be  appropriated  and  pledged  to 

the  payment  and  redemption  of  said  bonds  and  for  no  other 

purpose,  until  the  same  shall  have  been  fully  redeemed. 

Three  commis-       SECTION  2.     The  citv  couucil  of  Said  city,  by  the  concur- 

sioncrs  to  dg  •/  /      •* 

appointed  to      rcut  vote  of  the  two  branches  thereof,  is  hereby  authorized 
fund;'^^^'^'^  °^  to  appoint  three  commissioners  of  said  sinking  fund,  who 
shall  have  the  care  and  management  of  all  the  moneys,  funds 
and  securities  at  any  time  belonging  to  said  sinking  fund, 
and  who  also  shall,  from  time  to  time,  invest  the  same  in  the 
bonds  of  said  city,  the  public  securities  of  the  United  States, 
either  of  the  New  England  states,  or  of  the  state  of  New 
York,  or  of  the  counties,  cities  and  towns  of  this  Common- 
wealth, or  in  loans  secured  by  mortgage  of  real  estate ;  and 
they  may  sell,  transfer  and  re-invest  from  time  to  time  the 
stock  and  securities  belonging  to  said  fund. 
— tokeeprecord      SECTION  3.     Said  Commissioners  shall  keep  a  true  record 
and^reportTif-*'  of  all  their  procccdiugs,  and  shall  annually,  in  the  month  of 
couucu*"  '^^^^     January,  make  a  report  in  writing  to  the  city  council  of  said 
city,  of  the  amount  and  condition  of  said  fund,  and  the  in- 
come thereof  for  the  year ;  which  record,  and  all  the  securi- 
ties belonging  to  said  fund,  shall  at  all  times  be  open  to  the 
inspection  of  the  mayor,  or  any  committee  of  either  branch 
of  the  city  council  of  said  city  appointed  for  that  purpose, 
—term  of  office,      SECTION  4.     At  the  first  election  of  commissioners,  one 
vacancies,   c.    ^-^^^^l  be  choscu  to  hold  officc  for  the  term  of  three  years,  one 
for  the  term  of  two  years,  and  one  for  the  term  of  one  year, 
and  in  each  year  thereafter  one  commissioner  shall  be  chosen 
to  hold  office  for  three  years  ;  and  in  case  of  a  vacancy  by 
death,  resignation  or  otherwise,  such  vacancy  shall  be  filled 
by  the  choice  of  some  person  to  hold  office  during  the  unex- 
Expenses.        pircd  term.     The  necessary  expenses  of  said  commissioners 


1870.— Chapters  210,  211.  139 

shall  be  paid  by  said  city,  but  they  shall  receive  no  compen-  ^1°^*;°™^^°*^' 
sation  for  their  services. 

Section  5.     The  balance  of  said  sinking  fund,  if  any  there  Balance  of 

,  „  ,  n        •  -I    1         1         1     11    1  •  1    •    i     J.1       f"'id  to  be  paid 

be,  after  tlie  payment  oi  said  bonds,  shall  be  paid  into  the  into  the  treas- 
treasury  of  said  city.  Approved  April  28, 1870.      "''^" 

An  Act  to  authorize  the  metropolitan  railroad  company  to  Chap.  210 

CROSS    the    boston   and    ALBANY   RAILROAD,  IN   BROOKLINE,  WITH 
ITS  TRACKS  AT  GRADE. 

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

Section  1.     The  Metropolitan  Railroad  Company  may  lay  May  lay  street 
street  railway  tracks,  when  the  same  shall  have  been  duly  con  street, 
located  by  the  selectmen  of  the  town  of  Brookline,  upon  the  acros^^Bos'ton 
highway  in  Brookline,  called  Beacon  street,  across  the  tracks  I^^^-^^^IH 
of  the  Boston  and  Albany  Railroad,  at  a  level  therewith,  any-  grade. 
thing  in  chapter  two  hundred  and  forty  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-six,  and  chapter  one  hun- 
dred and  sixty-five  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-nine  to  the  contrary  notwithstanding. 

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

Approved  April  28,  1870. 
An  Act  to   authorize  the  towts'  of  provincetown  to  take  Chap.^W 

STOCK   IN   a   steamboat   COMPANY. 

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

Section  1.     The  town  of  Provincetown  is  hereby  author-  f^^^^g^mboa"'^'^ 
ized  to  subscribe  for  and  hold  shares  of  the  capital  stock,  or  company  for 
the   securities   of  any  steamboat  company,  which  shall   be  ot^passengers^ 
organized   under  the  laws  of  this  Commonwealth,  for  the  a^d  freight, 
transportation  of  passengers   and  freight  between  Province- 
town  and  Boston,  either  by  running  direct,  or  to  Plymouth 
or  Duxbury,  there  to  connect  with  railroads  running  to  Bos- 
ton, to  an  amount  not  exceeding  three  per  centum  of  the 
assessed  valuation  of  said  town  for  the  year  in  which   the 
subscription  is  made  :  provided,  that  two-thirds  of  the  legal  Provisos, 
voters  of  said  town  present  and  voting  by  ballot  and  using 
the  check-list  at  a  legal  town  meeting  duly  called  for  such 
purpose,  shall  vote  to  subscribe  for  such  shares  or  securities  ; 
Q\\&  provided  further ,  that  the  aggregate  amount  of  all  sub- 
scriptions of  said  town  for  any  such  purposes  shall  not  exceed 
three  per  centum  of  its  assessed  valuation. 

Section  2.     Said  town  is  authorized  to  pay  for  said  shares  May  raise 

„   .  1  •        1       1  money  by 

or  securities  out  of  its  treasury,  and  may  raise  by  loan  upon  bonds  or  tax  to 
bonds  or  tax  or  otherwise,  any  and  all  sums  of  money  which  P'ly  ^°J"  stock. 
may  be  necessary  to  pay  for  the  same,  and  may  hold  and 
dispose  of  the  same  like  other  town  property  ;  and  the  select-  feprel™ut°town 
men  of  the  town,  or  some  agent  specially  chosen  for  the  pur-  at  meetings  of 


140 


1870.— Chapters  212,  213. 


May  extend 
wharves  in 
Ipswich. 


pose,  shall  have  authority  to  represent  the  town  at  all  meet- 
ings of  the  stockholders  for  the  purpose  of  organizing  said 
corpoi'ation,  and  at  all  future  meetings  of  said  corporation, 
and  vote  in  behalf  of  said  town  upon  the  whole  amount  of 
stock  so  held  by  said  town. 

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

Approved  April  28,  1870. 

Chap.  212    -^^    ^^^    '^^    AUTHORIZE   JOHN    H.  COGSWELL  AND   RICHARD  T.  DODGE 
■^'  TO    EXTEND    THEIR    WHARVES   IN   IPSWICH. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.  License  is  hereby  granted  to  John  H.  Cogs- 
well and  Richard  T.  Dodge,  or  either  of  them,  or  their 
assigns,  to  enlarge  their  wharves  in  the  town  of  Ipswich,  by 
extending  the  south-westerly  end  of  the  Cogswell  wharf 
south-westerly  thirty-eight  feet  to  a  certain  line  drawn  south- 
easterly from  the  Ledge  ninety-five  feet,  to  a  point  near  low- 
water  mark ;  also  to  extend  the  same  on  the  south-easterly 
side  twelve  feet,  towards  the  channel  of  the  river,  to  a  line 
drawn  straight  from  the  last  named  point  north-easterly  two 
hundred  feet  to  a  point  twelve  feet  south-east  of  the  easterly 
corner  of  the  Dodge  wharf ;  and  also  to  extend  the  Dodge 
wharf  on  the  north-easterly  side  thereof  two  hundred  and 
forty-five  feet  in  a  north-easterly  direction,  to  the  road  lead- 
ing to  the  shipyard  :  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  April  28,  1870. 

An  Act  to  incorporate  the  town  of  gay  head. 
Be  it  enacted,  ^'c,  as  follows  : 

Section  1.  The  district  of  Gay  Head  is  hereby  abolished, 
and  the  territory  comprised  therein  is  hereby  incorporated  into 
a  town  by  the  name  of  Gay  Head.  And  said  town  of  Gay 
Head  is  hereby  invested  with  all  the  powers,  privileges,  rights 
and  immunities,  and  subject  to  all  the  duties  and  requisitions 
to  which  other  towns  are  entitled  and  subject  by  the  consti- 
tution and  laws  of  this  Commonwealth. 

Section  2.  All  common  lands,  common  funds,  and  all 
fishing  and  other  rights  held  by  the  district  of  Gay  Head  are 
hereby  transferred  to  the  town  of  Gay  Head,  and  shall  be 
owned  and  enjoyed  as  like  property  and  rights  of  other  towns 
are  owned  and  enjoyed. 


Provisos. 


Chap.2l^ 


Town  of  Gay 
Head  incorpo- 
rated. 

District  abol- 
ished. 


Common  lands, 
fishing  rights, 
&c.,  transferred 
to  town. 


1870.— Chapter  213.  141 

Section  3.  Any  justice  of  the  peace  of  the  county  of  ^ff^^'^J"' 
Dukes-county,  may  issue  his  warrant  directed  to  any  princi-  tor  election  of 
pal  inhabitant  of  the  town  of  Gay  Head,  requiring  him  to  *°^'^° 
notify  and  warn  the  inhabitants  thereof  qualified  to  vote  in 
district  affairs,  to  meet  at  the  time  and  place  therein  appointed, 
for  the  purpose  of  choosing  all  such  town  officers  as  towns 
are  by  law  authorized  and  required  to  choose  at  their  anniial 
meetings,  and  said  warrant  shall  be  served  by  publishing  a 
copy  of  the  same  in  some  newspaper  printed  in  the  county  of 
Dukes-county  and  by  posting  up  copies  thereof  attested  by 
the  person  to  whom  the  same  is  directed,  in  three  public 
places  in  said  town,  seven  days  at  least  before  such  time  of 
meeting.  Such  justice,  or  in  his  absence  such  principal  in- 
habitant, shall  preside  until  the  choice  of  a  moderator  in  said 
meeting.  At  such  meeting  all  inhabitants  of  said  town 
qualified  to  vote  in  district  affairs  may  vote,  and  no  check- 
list shall  be  required  for  any  purpose. 

Section  4.     Tlie  said  town  shall  be  and  form  a  part  of  the  xo  form  part  of 

•    I  .11  J  .1    same  district  as 

same  representative,  senatorial,  councillor  and  congressional  ciuimark. 
district  as  the  town  of  Cliilmark  until  legally  changed. 

Section  5.     The  county  commissioners  of  Dukes-county,  county  com- 
shall  as  soon  as  may  be  after  the  passage  of  this  act,  proceed  ^nslnic^a  ° 
to  lay  out  and  construct  a  road  from  the  line  of  Chilmark  '■'°^^- 
and  Gay  Head  to  the  light- house  on  Gay  Head,  and  may  ap- 
propriate such  sum  from  the  funds  of  the  county  as  may  be 
necessary  to  defray  the  expense  of  the  same;  and  the  sum  Expense  not 
actually  expended  for  that  purpose  shall  be  reimbursed  from  $5,000,  to'' be 
the  treasury  of  the  Commonwealth  :  provided,  the  same  shall  uje"sta'te*!'^  ^^ 
not  exceed  the  sum  of  five  thousand  dollars. 

Section  6.     The  judge  of  probate  of  the  county"  of  Dukes-  *^°"'J^°^i\''"]^^i 
county,  upon  the  application  of  the  selectmen  of  Gay  Head,  or  by  "commission- 
of  any  ten  resident  owners  of  land  therein,  after  such  notice  by  the^m'i'^'c  of 
as  the  judge  may  direct  to  all  parties  interested  and  a  hear-  probate, 
ing  on  the  same,  if  he  shall  adjudge  that  it  is  for  the  interest 
of  said  parties  that  any  or  all  of  the  common  lands  of  said 
town  be  divided,  shall  appoint  two  discreet,  disinterested  per- 
sons commissioners  to  make  partition  of  the  same,  and  their 
award,  being  confirmed  by  said  court,  shall  be  final  in  the 
premises  ;    but  if  he  shall  adjudge  that   it   is    for  the  in- 
terest of  said  parties  tliat  the  same,  or  a  part  of  the  same, 
be   sold,  he  shall  direct  the  said  commissioners,  after  they 
shall  have  given  such  bonds  as  the  court  may  require,  to  pro- 
ceed to  sell  any  or  all  of  said  lands,  and  to  pay  the  proceeds 
thereof  to  the  treasurer  of  said  town  ;  and  the  said  judge  of  foTeflue  b"u" 
probate  shall  direct  the  said  commissioners  to  examine  and  danes  of  lands 
define  the  boundaries  of  the  lands  rightfully  held  by  Individ-  vfduai  owners. 


142  1870.— Chapter  214. 

ual  owners,  and  to  properly  describe  and  set  forth  the  same 
in  writing,  and  the  title  and  boundaries  thus  set  forth  and 
described,  being  approved  by  the  court,  shall  be  final  in  the 
premises  ;  and  the  same,  together  with  all  deeds  of  partition, 
division  or  sale  made  by  such  commissioners  shall  be  recorded 
in  the  registry  of  deeds  in  the  county,  and  the  expenses  of 
said  commissioners,   including   the    cost  of  recording   said 
deeds,  the  same  being  approved  by  tlie  judge  of  probate, 
shall  be  paid  out  of  the  treasury  of  the  Commonwealth,  the 
same  being  also  approved  by  the  governor  and  council ;  and 
the  governor  is  hereby  authorized  to  draw  his  warrant  accord- 
Right  of  ap-      ingly.     Any  person  aggrieved  by  any  order,  decree  or  denial 
&c%'f°j^dge'^^f  of  the  judge  of  probate  under  this  act,  shall  have  the  same 
probate.  right  of  appeal,  under  the  same  rules  and  regulations  as  pro- 

vided for  in  chapter  one  hundred  and  seventeen  of  the  Gen- 
eral Statutes  :  provided,  that  the  attested  copies  and  notices 
required  to  be  given  by  said  chapter  shall  be  served  upon 
such  parties  as  the  judge  of  probate  shall  direct. 
Support  of  Section  7.     All  sums  of  money  payable  to  the  selectmen 

scliools  •/     I     i* 

or  treasurer  of  the  district  of  Gay  Head,  under  chapter  thir- 
ty-six of  the  General  Statutes,  for  the  support  of  schools, 
shall  hereafter  be  paid  to  the  treasurer  of  the  town  of  Gay 
Head,  to  be  expended  in  accordance  with  section  four  of  said 
chapter.  This  section  shall  continue  in  force  for  five  years. 
SECTiaN  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  30,  1870. 

Chcin    214      ^^   ^^^   "^^   INCORPORATE   THE    LANCASTER    RAILROAD   COMPANY. 

Be  it  enacted,  ^"c,  as  follows  : 
Corporators.  SECTION  1.     Solomou  H.  Howc,  Jacob  Fishcr,  George  A. 

Parker,  their  associates  and  successors,  are  hereby  made  a 
Name  and  pur-  Corporation  by  the  name  of  the  Lancaster  Railroad  Company  ; 
Powers  and  du-  '^^^^^  ^^^  ^^^®  powers  and  privileges,  and  subject  to  all  the 
ties.  duties,  restrictions  and  liabilities  set  forth  in  the  general 

laws  which  now  are  or  hereafter  may  be  in  force  relating  to 

railroad  corporations. 

May  maintain  SECTION    2.       Said  COrpOratioU  may  locatC,  COUStrUCt,  main- 

railroad  from       ..  -,  .  -ij-ii  J.1 

Worcester  and   taui  and  Operate  a  railroad,  with  one  or  more  tracks,  com- 
J^ad^inLancas-  meuciug  at  somo  convenicut  point  on  the  Worcester   and 

tertotheLan-   Nashua  Railroad,  in  the  town  of  Lancaster,  and  thence  run- 
caster  and  bter-      .  '.  '  /.-r»i, 

ling  Branch  of  niug  by  some  conveiiieut  route  through  the  towns  ot  JJolton, 
RaUroad!  "^  Stow,  Actou  and  Hudson,  or  any  of  them,  to  some  point  on 
the  Lancaster  and  Sterling  Branch  of  the  Fitchburg  Rail- 
May  enter  upon  road  Company  ;  and  may  enter  with  its  road  upon,  unite  with 
worcesterlnd  and  usc  the  road  of  the  Worcester  and  Nashua  Railroad  Com- 
si'lriingBranch  P^^J'  ^"^  ^^^®  Laucastcr  and  Sterling  branch  of  the  Fitch- 
Kauroads.        burg  Rallroad  Company,  subject  to  the  provisions  of  the  gen- 


1870.— Chapters  215,  216.     '  143 

eral  laws  :  and  provided^  that  if  said  corporation  shall  locate  Proviso. 
and  construct  any  part  of  its  road  within  the  town  of  Hud- 
son, the  Massachusetts  Central  Railroad  Company  may  enter 
with  its  road  upon,  and  unite  with  and  use  the  same,  and  run 
their  locomotives  and  cars  thereon,  upon  such  terms  as  may 
be  mutually  agreed  upon  by  said  companies  ;  or,  in  case  of 
a  failure  to  agree,  upon  such  terms  as  may  be  prescribed  by 
the  board  of  railroad  commissioners,  whose  duty  it  is  hereby 
made  to  determine  the  same  in  case  of  such  failure  to  agree. 

Section  3.     Said  corporation  may  sell  or  lease  its  road,  May  sen  or 
franchise  and  other  property  to  the  Massachusetts  Central  c*iuf^ett's  cen-*' 
Railroad  Company,  and  said  last  named  company  may  pur-  co^p^n™'"^ 
chase  or  hire  the  same,  and  under  such  purchase  shall  enjoy 
and  succeed  to  all  the  rights,  powers  and  privileges,  and  be 
subject  to  all  the  duties  and  liabilities  of  said  corporation. 

Section  4.     The  capital  stock  of  said   corporation  shall  aud'sha^es'^'^ 
not  exceed  five  hundred  thousand  dollars,  and  shall  be  divided 
into  shares  of  one  hundred  dollars  each,  the  number  of  which 
shall  be  determined  from  time  to  time  by  its  directors. 

Section  5.     This  act  shall  take  effect  upon  its  passage,  and  ^?tf^f^'^^.^*^^ 
shall  be  void  unless  said  railroad  shall  be  located  within  two  years  and  con- 
years,  and  constructed  within  four  years  from  the  passage  fouTyearl^'  ^^ 
hereof.  Approved  April  30,  1870. 

An  Act  repealing  certain  provisions  respecting  alien  pas-  Chap.  215 

SENGERS,  AND  RE-ENACTING  OTHERS. 

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

Section  1.     Chapter  one  hundred  and  sixty  of  the  acts  of  ^/e^s^y"®'^* 
eighteen  hundred  and  sixty-five  is  hereby  repealed,  and  sec-  §§16,17,18. 
tions  sixteen,  seventeen  and  eighteen  of  chapter  seventy-one 
of  the  General  Statutes  are  hereby  reenacted. 

Section  2.     This  act  shall  take  effect  upon  the  first  day  of 
May,  in  the  year  one  thousand  eight  hundred  and  seventy. 

Approved  May  5,  1870. 

An  Act  in  addition  to   "an  act  for  supplying  the   city  of  Chap.  216 

CHARLESTOWN   WITH   PURE    WATER." 

Be  it  enacted,  ^'c,  as  follows: 

Section  1.     The  city  of  Charlestown  is  hereby  authorized  n^^^^^'j^^'a^^. 
to  locate  and  lay  a  second  line  of  force  and  supply  mains  or  tionaiuneof 
aqueducts  from  the  engine  house  of  tlie  Charlestown  water  waterworks  in 
works  in  Somerville,  to  the  city  of  Charlestown,  and  to  en-  somerviue. 
large  its  present  engine  house,  or  make  such  additions  there- 
to as  may  hereafter  in  the  opinion  of  said  city  become  neces- 
sary, and  to  take  and  to  hold  by  purchase  or  otherwise,  any 
land,  real  estate,  or  water  rights,  necessary  for  erecting,  lay- 
ing and  maintaining  the  same.     And  for  the  purposes  afore- 


144  '  •         1870.— Chapter  216. 

said,  said  city  may  carry  and  conduct  any  aqueduct  or  other 
works  by  it  to  be  made  and  constructed,  over  or  under  any 
water  course  or  any  street,  turnpike,  road,  highway  or  other 
way,  in  such  manner  as  not  to  obstruct  or  impede  travel 
thereon,  or  the  free  flow  of  water  therein,  and  may   enter 
upon  and  dig  up  any  such  land,  street  or  way  as  may  be  nec- 
essary for  the  purpose  of  laying  down  such  aqueducts   or 
other  works,  and  for  maintaining  or  repairing  the  same. 
Mystic  Water        SECTION  2.     The  Mystic  Water  Board  of  said   city   shall 
fin'by  riglnl^    have,  exercise,  and  are  hereby  vested  with,  all  the  rights, 
fmi  "io"*§V^    privileges  and  authority,  and  be  subject  to  all  the  provisions 
and  restrictions  as  the  commissioners  named  in  section  three 
of  chapter  one   hundred   and   five  of  the   acts  of  the   year 
eighteen  hundred  and  sixty-one. 
Liability  of  city      SECTION  3.     The  Said  city  shall  be  liable  to  pay  all  dam- 
for  damage^s*!''^''  ^g®^  ^^^^^  ^1^^^^  ^^  Sustained  by  any  persons  in  their  property 
by  the  taking  of  any  land,  water,  or  water  rights,  or  by  the 
constructing  of  any  aqueducts  or  other  works  for  the  pur- 
poses of  this  act ;  and  any  owner  or  party  who  shall  sustain 
damages  by  the  doings  of  said  city  under  this  act,  shall  have 
the  like  remedy,  and  like  proceedings  shall  be  had,  whether 
by  the  party  sustaining  damages  as  aforesaid,  or  by  the  said 
city  of  Charlestown,  as  is  provided  in  said  chapter  one  hun- 
dred and  five  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-one. 
"Water  Bonds      SECTION  4.     For  the  purposc  of  defraying  the  costs  and 
charfe^town!''    cxpcnscs  iucurrcd  by  said  city  in  the  extension  of  the  water 
$3ooiooo;''nmt    '^orks,  the  city  council  of  said  city  of  Charlestown  is  hereby 
be  issued  to  de-  authorized  to  issuc  from  time  to  time,  scrip,  notes  or  certi- 
ray  expenses,   g^g^^^gg   ^^  debt,   to   be   denominated    on  the   face   thereof, 
"  Water  Bonds  of  the  City  of  Charlestown,"  to  an  amount 
not  exceeding  three  hundred  thousand  dollars,  bearing  in- 
terest at  a  rate  not  exceeding  the  legal  rate  of  interest  in  this 
Commonwealth,  which  shall   be  redeemable  at  a  period  of 
time  not  less  than  ten  nor  more  than  thirty  years  from  and 
after  the  issue  thereof.     And  said  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  aforesaid,  on  such  terms  and  conditions  as  said  city 
council  shall  judge  proper. 
Hydrants  to  be       SECTION    6.     The   Said   city   of  Charlestowu   shall   erect 
thrlfne  of  nlw  propcr  hydrants  in  number  equal  to  one  for  every  five  hun- 
aqueduct.         ^j.g(^  fgg^.   ^f  g^^j-j  ^^^  aqucduct,  and  in  any  event  to  the 
number  of  twenty  in  the  town  of  Somerville,  along  the  line 
of  said  new  aqueduct  or  elsewhere  in  the  pipes  connecting 
therewith,  as  the  water  committee  of  the  town  of  Somerville 


1870.— Chapters  217,  218.  145 

and  the  selectmen  of  the  town  of  Medford  shall  direct ;  and 
said  towns  of  Somerville  and  Medford  shall  at  all  times  main- 
tain said  hydrants,  and  draw  water  therefrom,  without  charge 
therefor,  for  the  extinguishment  of  fires,  under  such  regula- 
tions as  the  city  of  Charlestown  may  from  time  to  time 
establish  under  authority  of  this  act.  And  for  this  purpose 
there  shall  be  allowed  to  said  town  of  Somerville  by  the  said 
city  of  Charlestown,  in  the  settlement  for  water  for  hydrants 
under  the  contract  now  existing  between  said  city  of  Charles- 
town and  town  of  Somerville,  the  sum  of  twenty-eight  dol- 
lars for  each  hydrant  thus  erected  in  said  town. 

Section  6.     The  provisions   of  section  twelve  of  chapter  Provisions  of 
one  hundred  and  five  of  the  acts  of  the  year  eighteen  hun-  auiW-iaws,' 
dred  and  sixty-one,  and  any  by-laws  or  ordinances  passed  by  pueabie'to'th'e 
said    city   in   pursuance   thereof,  are   hereby   extended  and  ^^^^fj^^*^"**^ 
made  applicable  to  any  and  all  the   additional  works   con- 
structed under  the  provisions  of  this  act. 

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

Approved  May  5,  1870. 
An   Act   concernixg   choses   in  action   sold   or    assigned  by  Chap.  217 

BANKS    WHOSE    CHARTERS    HAVE    EXPIRED. 

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

Section  1.     Suits  upon  choses  in  action  arising  out  of  ^"i5"jg^g„i[^*o^ 
contract,  sold  or  assigned  by  any  bank  heretofore  existing  in  ciipse  in  actiou 

'  111  11  -1  arising  out  of 

this  Commonwealth,  but  whose  charter  has  now  expired,  may  contract  sold 
be  brought  or  prosecuted  in  the  name  of  the  purchaser  or  charter  harex- 
assignee.     The  fact  of  sale  and  of  purchase  by  the  plaintiff  p^''*'"^- 
shall  be  set  forth  in  the  writ  or  other  process,  and  the  defendant 
may  avail  himself  of  any  matter  of  defence  of  which  he  might 
have  availed  himself  in  a  suit  upon  the  claim  by  such  bank 
had  its  charter  not  expired. 

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

Approved  May  6,  1870. 

An  Act  in  relation  to  sealing  weights  and  measures.         Chap,  218 
Be  it  enacted,  §t.,  as  follows  : 

Section  1.     All  persons  using  scales,  weights,  measures  scales, weights, 
or   milk-cans,  for  the  purpose  of  selling  any   goods,  wares,  miik-cans  to  be 
merchandise  or  other  commodities,  shall  have  them  adjusted,  sealer!''^  ^^ 
sealed  and  recorded  by  the  sealer  of  weights  and  measures 
in  the  city  or  town  in  which  they  reside    or  have  their  usual 
place  of  business,  and  shall  thereafter  be  responsible  for  the  Person  using 
correctness  and  exactness  of  the  same:  provided^  hoivever,  bie  for  correct- 
that  they  shall  have  the  right  to  have  such  scales,  weights,  "4 
measures  and  milk-cans  tested  and  adjusted  at  the  office  of 

19 


ness. 
.'rovlso. 


U6 


1870.— Chapter  218. 


Sealer  to  ad- 
just hay  aud 
coal  scales,  &c. 
at  least  once 
each  year. 


Persons  using 
scales,  &c., 
may  have  them 
tested  at  office 
of  sealer. 


If  complaint  is 
made,  sealer  to 
test  scale,  &c. 


Penalty  for  us- 
hig  incorrect 
scale  or  using 
same  after  re- 
fusing sealer 
pernussion  to 
test. 


Scales  that  can- 
not be  made  to 
conform  to 
standard  to  be 
condemned. 


Compensation 
of  sealer. 


Law  to  be  ad- 
vertised in 
every  city  aud 
town  in  Jan- 
uary aud  July. 


the  sealer  of  weights  and  measures  whenever  they  desire  to 
do  so. 

Section  2.  The  sealers  of  weights  and  measures  in  each 
city  and  town  shall  go  once  a  year,  and  oftener  if  necessary, 
to  every  hay  and  coal  scale,  dormant  or  other  platform  bal- 
ance, within  said  city  or  town  that  cannot  be  easily  or  con- 
veniently removed,  and  test  the  accuracy  of  and  adjust  and 
seal  the  same. 

Section  8.  All  persons  using  any  scales,  weights,  meas- 
ures or  milk-cans,  for  the  purpose  of  buying  or  selling  any 
commodity,  may  have  the  same  tested  and  sealed  by  the 
sealer  of  weights  and  measures  in  the  city  or  town  where 
they  reside  or  have  their  usual  place  of  business,  at  his 
office,  whenever  they  desire  to  have  it  done. 

Section  4.  Whenever  a  complaint  is  made  to  a  sealer  of 
weights  and  measures  under  oath,  by  any  person,  that  he  has 
reasonable  caaise  to  believe  that  any  scale,  weight  or  measure 
used  in  the  sale  of  any  commodity  within  the  city  or  town, 
is  incorrect,  the  said  sealer  shall  go  to  the  place  where  such 
scale,  weight  or  measure  is,  and  test  and  mark  the  same  ac- 
cording to  the  result  of  the  test  applied  thereto,  and  if  the 
same  be  incorrect  and  cannot  be  adjusted,  the  said  sealer 
shall  attach  a  notice  thereto  certifying  the  fact  and  forbidding 
the  use  thereof  until  the  same  has  been  made  to  conform  to 
the  authorized  standard.  Any  person  using  any  scales, 
weights  or  measures  after  a  sealer  of  weights  and  measvires 
has  demanded  permission  to  test  the  same,  and  has  been  re- 
fused such  permission,  shall  be  liable  to  the  same  penalties 
as  if  he  had  knowingly  used  a  false  scale,  weight  or  measure. 

Section  5.  All  scales,  weights  and  measures  that  cannot 
be  made  to  conform  to  the  standard  shall  be  stamped  "  Con- 
demned "  or  "  CD."  by  the  sealer  of  weights  and  measures  ; 
and  no  person  shall  thereafter  use  the  same  for  weighing  or 
measuring  any  commodity  sold  or  exchanged,  under  the  pen- 
alties provided  in  the  case  of  the  use  of  false  weights  and 
measures. 

Section  6.  Every  sealer  of  weights  and  measures  shall 
receive  such  compensation  for  his  services  as  may  be  fixed  by 
the  city  or  town  within  which  he  is  appointed,  and  no  fees 
shall  be  charged  for  any  official  duty  he  may  perform. 

Section  7.  Every  city  and  town  shall  within  the  first  ten 
days  of  January  and  July  in  each  year,  advertise  the  several 
sections  of  this  act,  by  publishing  them  in  some  newspaper 
printed  in  such  city  or  town,  or  by  posting  them  up  in  one  or 
more  public  places  therein. 

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

Approved  May  6,  1870. 


1870.— Chapters  219,  220.  147 

An  Act  to  authorize  the  county  commissioners  of  the  county  (Jhnn  219 

OF    ESSEX    to   lay    OUT    A    HIGHWAY    AND    CONSTRUCT    A   BRIDGE  ■»   ' 

ACROSS    THE  MERRIMAC  RIVER. 

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

Section  1.     The  county  commissioners  of  the   county  of  fo^^nitru^r'^ 
Essex  are  hereby  authorized  and  required,  within  two  years  bridge  across 
from  the  passage  of  this  act,  to  lay  out  a  highway  and  con-  betVeeA  Grove- 
struct  a  bridge  and  suitable  draw  across  the  Merrimac  river,  verhm"*^  ^^ 
in  the  towns  of  Groveland  and   Haverhill,  near  the  Chain 
Ferry,  so  called. 

Section  2.  Said  commissioners  in  laying  out  and  con-  —to  proceed  as 
structing  said  highway  and  bridge,  shall  in  all  respects  pro-  highways"" 
ceed  as  is  now  provided  by  law  for  laying  out  and  construc- 
ting highways,  and  shall,  after  due  public  notice  and  hearing, 
of  all  parties  in  interest,  proceed  to  determine  and  award 
what  cities  and  towns  in  said  county  receive  particular  and 
special  benefit  from  the  construction  and  maintenance  of  said 
road  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,  bridge  and  draw. 

Section  3.     The  county  commissioners  of  the  said  county  —may  Mre 
of  Essex  are  hereby  authorized  to  hire  such  sums  of  money  purpose. 
as  may  be  necessary  to  comply  with  the  provisions  of  this  act. 

Section  4.     All  things   done   under  this  act,  in  the  con- subject  to  con- 
struction of  the  bridge  and  draw,  shall  be  subject  to  the  de-  commissioner. 
termination   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  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  6,  1870. 


Chap.  220 


An  Act  in  addition  to  an  act  to  authorize  the  city  of  boston 

AND  the  town  of  WEST  ROXBURY   TO  IMPROVE  STONY  BROOK   AND 
ITS  TRIBUTARIES. 

Be  it  enacted,  ^x.,  as  follows: 

Section  1.  The  city  of  Boston  and  the  town  of  West  Duties  may  be 
Roxbury,  or  either  of  them,  may  authorize  a  committee  or  coln^^sloners. 
board  of  commissioners  to  exercise  any  or  all  of  the  powers 
granted  to  said  city  and  town  respectively  by  an  act  entitled 
"  An  Act  to  authorize  the  city  of  Boston  and  town  of  West 
Roxbury  to  improve  Stony  Brook  and  its  tributaries,"  the 
same  being  chapter  two  hundred  and  twenty-three  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-eight,  and  to 
perform  any  or  all  the  duties  therein  imposed  upon  the  mayor 
and  aldermen  of  said  city  and  the  selectmen  of  said  town, 
respectively  ;  and  in  such  case  the  notices  provided  for  in  the 


148 


1870.— Chapter  221. 


Parties  ag- 
grieved may 
apply  for  jury. 


Boston  and 
West  Roxbury 
may  contract 
with  each  other 
conceruing  pay- 
ment of  ex- 
pense of  im- 
provement of 
iStony  Brook. 


Unauthorized 
person  not  to 
obstruct  brook 
without  con- 
sent of  Boston 
and  West  Rox- 
bury. 


Proviso. 


Chap,  221 


Dartmouth 
may  purchase 
bridge  over 
Apponagansett 
River,  and 
raise  money  by 
taxation  to  pay 
for  same. 


sixth  section  of  said  act  shall  be  given  to  such  committee  or 
board  of  commissioners ;  and  any  person  aggrieved  by  the 
action  of  such  committee  or  board  of  commissioners,  shall 
have  the  right  to  apply  for  a  jury  provided  for  in  the  third 
and  seventh  sections  of  said  act. 

Section  2.  The  city  of  Boston  and  town  of  West  Rox- 
bury, or  their  respective  committees  or  boards  of  commis- 
sioners, in  their  behalf,  if  tliey  shall  be  thereto  duly  au- 
thorized, shall  have  authority  to  contract  with  each  other  for 
the  payment  by  one  to  the  other  of  any  part  of  the  expense 
incurred  by  the  other  in  the  improvement  of  Stony  Brook  as 
provided  for  in  said  act,  and  may  include  the  amounts  so 
paid  in  the  statement  of  the  total  expenses  made  up  to  de- 
termine the  amount  of  assessments  to  be  laid  under  the  fourth 
section  of  said  act. 

Section  3.  No  person,  except  those  authorized  by  chap- 
ter two  hundred  and  twenty-three  of  the  acts  of  eighteen 
hundred  and  sixty-eight  and  by  the  preceding  sections  of  this 
act,  shall  change  the  present  course  of  Stony  Brook  or  erect 
any  structure  in  or  over  the  same,  or  create  any  obstruction 
to  tbe  flow  of  the  waters  of  the  same  without  the  consent  of 
said  city  of  Boston  and  town  of  West  Roxbury  first  ob- 
tained :  provided^  that  upon  the  completion  of  any  part  of 
the  channel  for  the  new  location  of  said  brook,  said  city  or 
town,  or  their  respective  committee  or  board  of  commissioners, 
may  give  public  notice  of  the  completion  of  the  same,  and 
may  authorize  the  owners  of  abutting  lands,  so  far  as  the 
same  are  within  the  respective  limits  of  said  city  or  town,  to 
fill  up  the  old  channel  of  said  brook  or  to  erect  structures  in 
or  over  the  same. 

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

Approved  May  6,  1870. 

An  Act  to  make  the  Dartmouth  bridge  free. 
Be  it  enacted,  §'c.,  as  follows: 

Section  1.  The  town  of  Dartmouth  is  hereby  authorized 
to  purchase  from  the  Dartmouth  Bridge  Company,  the  bridge 
over  the  Apponagansett  river,  in  said  town,  together  with  all 
the  real  estate  and  buildings  of  said  company  and  the  fran- 
chise held  by  said  company,  and  provide  for  the  payment 
therefor  by  taxation  or  otherwise.  And  said  town  of  Dart- 
mouth is  hereby  authorized  to  receive  the  conveyance  of  said 
bridge  property  and  franchise  upon  such  terms  and  condi- 
tions as  said  town  and  said  bridge  company  may  agree.  And 
the  said  bridge  company  is  hereby  authorized  to  convey  to 
the  said  town  its  bridge,  real  estate,  buildings  and  franchise 


1870.— Chapter  221.  149 

by  a  deed  of  release  executed  by  the  president  and  secretary 
of  said  bridge  corporation  in  the  name  of  said  bridge  cor- 
poration. And  upon  the  execution  and  delivery  of  said  con- 
veyance on  the  part  of  said  bridge  company,  and  the  pay- 
ment on  the  part  of  said  town,  of  such  amount  as  may  be 
agreed  upon  by  said  bridge  company  and  said  town,  then  the 
said  bridge  shall  become  free,  and  the  same  shall  thereupon 
become  a  public  highway. 

Section  2.     In  the  event  of  the   failure   of  said   bridge  Bridge  to  be 
company  to  execute  and  deliver  a  deed  of  conveyance  of  said  way°if  deed^of 
bridge  and  property  as  aforesaid,  or  of  said  town  to  purchase  notlx'era'ti'dby 
and  pay  for  said  bridge,  real  estate,  buildings  and  franchise  October  i,  isro. 
on  or  before  the  first  day  of  October  next,  then  the  bridge 
over  Apponagansett  river,  in  said  town  of  Dartmouth,  known 
as  the  Dartmouth  bridge,   including  the   draw,  piers   and 
abutments  of  said  bridge,  and  the  way  leading  to  said  abut- 
ments belonging  to  said  bridge  company,  is  hereby  laid  out 
and  shall  become  a  public  highway  upon   the   acceptance 
of  the   award  of  commissioners   hereinafter  named,  by  the 
supreme  judicial  court  and  entry  of  judgment  thereon. 

Section  -3.  The  county  commissioners  of  the  county  of  ^"gslo-^eTsTo 
Bristol,  upon  the  application  of  the  Dartmouth  Bridge  Com-  award  dam- 
pany,  or  of  ten  legal  voters  of  the  town  of  Dartmouth,  shall,  ^^^^" 
after  due  notice  to  all  parties  interested,  and  a  hearing  upon 
all  matters  affecting  the  value  of  said  bridge,  determine  and 
award  the  amount  to  be  paid  the  said  Dartmouth  Bridge 
Company,  by  said  town  of  Dartmouth,  as  damages  for  the 
laying  out  of  said  bridge,  draw,  piers,  abutments  and  way  as 
a  public  highway  ;  and  the  determination  and  decree  of  said 
county  commissioners,  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  said  town ;  and  the 
same  shall  be  binding  upon  all  the  parties  interested  therein. 
When  the  award  of  said  commissioners  shall  have  been  ac- 
cepted and  judgment  entered  thereon  by  the  supreme  judi- 
cial court,  the  just  fees  and  expenses  of  said  commissioners 
shall  be  paid  by  such  of  the  parties  interested  as  said  commis- 
sioners shall  decree. 

Section  4.     Upon  the  said  bridge,  draw,  piers,  abutments  Dartmouth  to 
and  way  becoming  a  highway  as  aforesaid,  the  care  and  su-  brkige/andVe 
perintendence  of  the  same  shall  devolve  upon  the  selectmen  feas^ &/. '^^" 
of  said  town  of  Dartmouth  ;  and  liability  for  defects  in  said 
bridge,  piers,  draw,  abutments  and  way  shall  exist  on    the 
part  of  said  town  in  like  manner  as  for  defects  in  town  ways. 

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

Approved  May  6,  1870. 


150 


1870.— Chapter  222. 


Chap.  222 


May  take  water 
from  Glen 
Brook,  in  Ley- 
den. 


May  take  real 
estate  for  reser- 
voirs, &c. 


May  build  aque- 
ducts through 
Greenfield  and 
Deerfield. 


Proviso. 


An  Act  for  supplying  the  town  of  Greenfield  with  water. 
Be  it  enacted,  Sfc,  as  follows : 

Section  1.  Fire  district  number  one  in  Greenfield  is 
hereby  authorized,  by  and  through  the  agency  of  the  con- 
struction committee  heretofore  chosen  by  said  district  for  the 
purpose  herein  mentioned,  to  take',  hold,  control,  and  con- 
vey to,  into  and  through  the  town  and  village  of  Greenfield 
and  Deerfield,  the  waters  of  Glen  Brook,  and  the  waters 
which  flow  into  the  same  above  "  the  Glen,"  so  called,  in  the 
town  of  Leyden  ;  and  said  district  may  take  and  hold,  by 
purchase  or  otherwise,  any  land  on,  around  and  above  the 
said  glen,  so  far  as  may  be  necessary  for  forming  and  main- 
taining a  reservoir,  and  for  the  preservation  of  the  water  and 
the  purity  thereof,  and  may  also  take  and  hold  any  real 
estate  necessary  for  forming  and  maintaining  reservoirs,  lay- 
ing and  maintaining  aqueducts  for  conducting,  discharging 
and  distributing  water  for  the  purpose  of  furnishing  a  supply 
of  water  for  the  town  and  village  of  Greenfield  and  of  Deer- 
field and  for  public  purposes. 

Section  2.  The  said  district  may,  by  and  through  the 
same  agency,  make  and  build  one  or  more  permanent  aque- 
ducts from  said  glen  to,  into  and  through  the  town  and 
village  of  Greenfield  and  of  Deerfield,  and  maintain  the  same 
by  any  works  suitable  therefor ;  may  erect  and  maintain 
dams  to  raise  and  retain  the  water  therein  ;  may  make  and 
maintain  reservoirs  within  and  without  the  limits  of  said  dis- 
trict ;  may  make  and  establish  public  fountains,  and  such 
public  hydrants,  in  such  places  as  may,  from  time  to  time,  be 
deemed  proper,  and  prescribe  the  purposes  for  which  they 
may  be  used,  and  may  change  or  discontinue  the  same  ;  may 
distribute  the  water  in  said  Greenfield  and  Deerfield,  and 
establish  the  prices  or  rents  to  be  paid  therefor ;  and  the 
said  district  may  for  the  purposes  aforesaid,  carry  and  con- 
duct any  aqueducts,  pipes  or  other  works,  by  them  to  be 
made,  laid  or  constructed  over  or  under  any  water-course  or 
railroad,  and  over,  or  under,  or  along  any  street,  highway  or 
other  way,  in  sucli  manner  as  not  to  obstruct  or  impede 
travel  thereon  ;  and  may  enter  upon,  and  dig  up  any  such 
road,  street  or  way  for  the  purpose  of  laying  down  pipes  be- 
neath the  surface  thereof,  and  for  maintaining  and  repairing 
the  same,  and  may  do  any  other  things  necessary  and  proper 
in  executing  the  purposes  of  this  act :  provided,  that  any- 
thing done  under  this  act  in,  upon  or  under  any  street,  high- 
way or  other  way,  shall  be  subject  to  the  direction  of  the 
selectmen  of  said  Greenfield,  Deerfield  or  Leyden,  as  the 
case  may  be. 


1870.— Chapter  222.  151 

Section  3.     The  said  district  sliall  be  liable  to  all  damages  Liability  for 
that  shall  be  sustained  by  any  persons  in  their  property  by         °     * 
the  taking  of  any  land,  water,  water  rights,  mill  privileges 
or  other   rights,  or  by   interfering  with   or   controlling  the     * 
waters  of  said  Glen  Brook  and  the  waters  which  flow  into  the 
same  above  said  glen,  or  by  the  constructing  of  any  aque- 
ducts, reservoirs  or  other  works  for  the  purposes  specified  in 
this  act ;  and  if  any  person  who  shall  sustain  damages   as 
aforesaid,  cannot  agree  with  the  said   committee  upon  the 
amount  of  said  damages,  he  may  have  them  assessed  by  the 
county  commissioners  for  the  county  of  Franklin,  by  making 
a  written  application  therefor  within  two  years  after  said  land 
or  water  shall  have  been  taken,  under  this  act ;  and  if  either 
party  be  aggrieved  by  the  doings  of  said  commissioners  in 
the  estimation  of  said  damages,  he  or  they  may   have   said 
damages  settled  by  a  jury  ;  and  the  said  commissioners  and 
jury  shall  have  the  same  powers,  and  the  proceedings  in  all 
respects  shall  be  conducted  in  the  same  manner  as  is  pro- 
vided by  law  with  respect  to  damages  for  land  taken  for  high- 
ways.    And  the  committee  aforesaid  shall,  within  six  months  xo  file  descrip- 
from  the  time  of  taking  any  lands,  springs  or  brooks,  as  be-  taklu  ta'^e^s- 
fore  provided,  file  in  the  registry  of  deeds  in  Franklin  county  try  of  deeds. 
an  accurate  description  of  the  lands,  springs  or  brooks  so 
taken,  and  a  statement  of  the  purpose  for  which  the  same 
are  taken,  signed  by  said  committee.     And  said  committee 
shall,  upon  the  written  request  of  any  person  whose  lands, 
springs  or  brooks  are  so  taken,  furnish  him  with  an  accurate 
description  of  the  same. 

Section  4.  If  any  person  shall  use  any  of  the  said  water  Penalty  for  ma- 
without  the  consent  of  the  said  district,  an  action  of  tort  ingTiiVwater 
may  be  maintained  by  the  inhabitants  of  said  district  for  the  tiie'^same!"'^ 
recovery  of  damages  therefor  ;  and  if  any  person  shall  wan- 
tonly or  maliciously  divert  the  water  or  any  part  thereof,  of 
any  springs  or  brooks  or  water-courses,  which  shall  be  taken 
by  said  district  pursuant  to  the  provisions  of  this  act,  or  shall 
corrupt  the  same,  or  render  it  impure,  or  destroy  or  injure 
any  dam,  reservoir,  aqueduct,  pipe,  conduit,  hydrant,  ma- 
chinery, or  other  works  or  property,  held,  owned  or  used  by 
said  district,  by  the  authority  and  for  the  purposes  of  this 
act,  every  such  person  shall  forfeit  and  pay  to  said  district 
three  times  the  amount  of  the  damages  that  shall  be  assessed 
therefor  in  an  action  of  tort  in  the  name  of  the  inhabitants 
of  said  district ;  and  any  such  p.erson,  on  conviction  of  either 
of  the  wanton  or  malicious  acts  aforesaid,  may  also  be  pvm- 
ished  by  fine  not  exceeding  three  hundred  dollars,  or  im- 
prisonment not  exceeding  one  year. 


152 


1870.— Chapter  222. 


Committee  to 
have  superin- 
denqe  of  the 
works ; 


— to  continue 
in  office  two 
years ; 


— may  be  re- 
moved by  vote 
of  district. 


Quorum. 
Keport. 


Compensation. 


When  office  of 
committee 
ceases,  duties  to 
be  done  by  dis- 
trict. 


"  Greenfield 
Water  Scrip," 
not  exceeding 
$40,000,  may  be 
issued. 


Section  5.  The  committee  mentioned  in  the  first  section 
of  this  act  shall,  during  their  continuance  in  office,  execute, 
superintend  and  direct  the  performance  and  execution  of  all 
the  works  and  things  mentioned  in  the  preceding  sections 
that  are  not  specially  otherwise  provided  for  in  this  act ;  they 
shall  be  subject  to  such  ordinances,  rules  and  regulations,  in 
the  execution  of  their  said  trust,  as  said  district  may  from  time 
to  time  ordain  and  establish,  not  inconsistent  with  the  provi- 
sions of  this  act  and  the  laws  of  the  Commonwealth  ;  they 
shall  continue  in  office  for  the  term  of  two  years  from  the 
passage  of  this  act,  unless  the  works  aforesaid  shall  be  sooner 
completed  ;  but  they,  or  either  of  them,  after  having  had  an 
opportunity  to  be  heard  in  his  or  their  defence,  may  be  re- 
moved at  any  time  by  a  vote  of  the  majority  of  the  voters 
present  and  voting  at  any  legal  meeting  of  the  district  called 
for  that  purpose  ;  and  in  case  of  a  vacancy  in  the  committee  by 
reason  of  death,  resignation,  removal  or  inability  to  serve,  such 
vacancy  may  be  filled  by  the  district  at  a  legal  meeting  called 
for  the  purpose,  and  the  person  chosen  to  fill  said  vacancy 
shall  hold  his  office  for  the  residue  of  tlie  two  years,  with  all 
the  powers  and  subject  to  the  restrictions  aforesaid.  A  major 
part  of  said  committee  shall  be  a  quorum  to  do  business  ; 
they  shall  once  a  year,  and  whenever  required  by  a  vote  of 
the  district,  make  and  present,  in  writing,  a  full  and  particu- 
lar statement  of  all  their  acts  and  doings,  and  of  the  condi- 
tion and  progress  of  the  works  aforesaid.  And  all  the  con- 
tracts and  agreements  made  by  said  committee  for  the 
purposes  herein  mentioned  before  the  passage  of  this  act,  are 
hereby  ratified,  confirmed  and  declared  valid.  The  compen- 
sation of  said  committee  shall  be  fixed  at  the  first  annual 
meeting  of  said  district  after  the  passage  of  this  act,  and 
shall  not  be  altered  during  their  continuance  in  office. 

Section  6.  Whenever  the  office  of  the  committee  before 
mentioned  in  this  act  shall  cease,  either  by  the  expiration  of 
the  term  of  two  years,  or  by  the  completion  of  the  works,  as 
mentioned  in  the  foregoing  sections  of  this  act,  all  the  rights, 
powers  and  authority  given  to  the  said  fire  district  by  this  act 
shall  then  and  thenceforth  be  exercised  by  the  said  fire  dis- 
trict, subject  to  the  duties,  liabilities  and  restrictions  herein 
contained,  in  such  manner  and  by  such  officers  and  agents  as 
the  said  district  shall  from  time  to  time  ordain  and  direct. 

Section  7.  For  the  purpose  of  paying  all  costs  and  ex- 
penses of  such  lands  and  waters  as  have  been,  or  may  be 
taken,  purchased  or  held  for  the  purposes  of  this  act,  of  lay- 
ing aqueducts  or  pipes,  and  of  the  construction  of  all  works 
necessary  for  the  accomplishment  of  the  purposes  aforesaid, 


1870.— Chapter  222.  153 

and  all  expenses  incident  thereto,  including  the  expenses 
already  incurred  by  said  district  or  said  committee,  for  said 
purposes,  the  town  of  Greenfield  shall  have  authority  to  issue 
from  time  to  time  notes,  scrip  or  certificates  of  debt,  to  be 
denominated  on  the  face  thereof,  "  Greenfield  "Water  Scrip," 
to  an  amount  not  exceeding  in  the  whole  the  sum  of  forty 
thousand  dollars,  bearing  interest  at  a  rate  not  exceeding 
seven  per  cent,  per  annum  ;  and  said  interest  shall  be  paya- 
ble semi-annually,  and  the  principal  shall  be  payable  at 
periods  not  more  than  thirty  years  from  tlie  issuing  of  said 
notes,  scrip  or  certificates,  respectively.  All  notes,  scrip  or  Notes,  &c.,  to 
certificates  of  debt  to  be  issued  as  aforesaid  shall  be  signed  l*r*ersu"er,  and 
by  the  treasurer  of  the  town,  and  countersigned  by  the  record  kept. 
selectmen  of  the  town  ;  and  a  record  of  all  such  notes,  scrip 
or  certificates  shall  be  made  and  kept  by  the  said  treasurer, 
and  said  notes,  scrip  or  certificates  shall  be  delivered  to  the 
prudential  committee  of  said  fire  district,  and  said  district 
may  sell  said  notes,  scrip  or  certificates,  or  any  part  thereof, 
from  time  to  time,  at  public  or  private  sale,  or  pledge  the 
same  for  money  borrowed  for  the  purposes  aforesaid,  on  such 
terms  and  conditions  as  the  said  district  shall  judge  proper. 

Section  8.     The  town  of  Greenfield  is  hereby  fully  au-  May  raise 

,.-  nn  11  1  1  money  by  taxa- 

thorized  to  assess  and  collect  upon  the  polls  and  estate,  real  tion. 
and  personal,  in  said  fire  district,  all  taxes  necessary  to  pay 
the  principal  and  interest  of  the  scrip  that  shall  be  sold  or 
pledged  by  said  district  as  herein  provided  :  provided,  that  Proviso, 
said  district  may  at  any  legal  meeting  called  for  the  purpose, 
vote  to  raise  money  by  taxation  for  the  payment  of  said  scrip, 
principal  and  interest,  or  any  part  thereof,  or  any  other  ex- 
penses incurred  under  this  act,  as  said  district  may  deem  ex- 
pedient ;  and  all  sums  so  voted  shall  be  assessed  and  collected 
in  the  same  manner  as  other  taxes  voted  by  said  district. 

Section  9.  There  shall  be  a  legal  meeting  of  the  voters  feptfnciby*'' 
of  said  fire  district  called  within  thirty  days  after  the  passage  voters  of  dis- 
of  this  act,  for  the  purpose  of  having  said  voters  give  in  their 
written  votes  on  the  question  whether  they  will  accept  the 
provisions  of  this  act,  and  if  the  major  part  of  the  votes  given 
upon  said  question  shall  be  in  the  affirmative,  the  result  of 
said  vote  shall  forthwith  be  certified  by  the  clerk  of  said  dis- 
trict to  the  selectmen  of  the  town  of  Greenfield  ;  and  the 
said  selectmen  shall  within  thirty  days  thereafter  warn  a 
meeting  of  the  voters  of  said  town  for  the  purpose  of  having 
said  voters  give  in  their  written  votes  upon  the  question 
whether  they  will  accept  this  act,  and  if  the  major  part  of 
the  votes  given  at  said  meeting,  upon  said  question,  shall  be 

20 


154 


1870.— Chapters  223,  224. 


District  may 
hold  property 
and  prosecute 
and  defend  ac- 
tions. 


Chap.  223 


May  construct 
wharf  and 
docks  in  Bos- 
ton. 


Proviso. 


Chap.  224 


Corporations. 


For  cutting  ice. 
mining,  manu- 
facturing, &c. 


in  the  affirmative,  then  this  act  shall  be  binding,  otherwise  it 
shall  be  null  and  void. 

Section  10.  The  fire  district  mentioned  in  this  act  is 
hereby  made  and  declared  to  be  a  body  corporate,  so  far  as  to 
take  and  hold  property  for  the  purposes  mentioned  in  this  act, 
and  to  prosecute  and  defend  in  all  actions  relating  to  the  prop- 
erty and  affairs  of  said  district. 

Section  11.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  6,  1870. 

An  Act   to   authorize   samuel   g.   bxelling   to    extend    his 
wharf  on  neponset  river. 

Be  it  enacted,  ^c,  as  follows : 

Section  1.  License  is  hereby  given  to  Samuel  G.  Snelling 
to  construct  a  wharf  and  docks  over  the  flats  in  front  of  his 
estate  on  Taylor  Street,  in  that  part  of  Boston  formerly  known 
as  Neponset,  one  hundred  and  twenty-eight  feet  in  width  on 
capsill  of  the  present  wharf,  and  extending  four  hundred 
feet ;  and  to  enclose  and  fill  up  said  flats  and  construct  docks 
at  the  sides  of  said  wharf,  subject  to  the  provisions  of  section 
four  of  chapter  one  hundred  and  forty-nine  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-six  ;  with  the  right  to  lay 
vessels  at  the  end  and  sides  of  said  wharf  and  to  receive 
wharfage  and  dockage  therefor :  provided,  that  this  license 
shall  be  subject  to  the  provisions  of  chapter  four  hundred  and 
tliirty-two  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
nine. 

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

Approved  May  6, 1870. 

An  Act  concerning  manufacturing  and  other  corporations. 
Be  it  enacted,  Sfc,  as  follows : 

Section  1.  Any  such  number  of  persons  as  is  hereinafter 
provided,  who  shall  have  associated  themselves  together  by 
an  agreement  in  writing  such  as  is  hereinafter  described,  with 
the  intention  to  constitute  a  corporation  for  any  of  the  pur- 
poses hereinafter  specified,  shall  become  a  corporation  upon 
complying  with  the  provisions  of  the  eleventh  section  of  this 
act,  and  shall  remain  a  corporation,  with  all  the  powers, 
rights  and  privileges,  and  subject  to  all  the  duties,  limitations 
and  restrictions  conferred  by  general  laws  upon  corporations, 
except  as  is  herein  otherwise  provided. 

Section  2.  For  the  purpose  of  cutting,  storing  and  selling 
ice,  or  of  carrying  on  any  agricultural,  horticultural,  me- 
chanical, mining,  quarrying  or  manufacturing  business,  ex- 
cept that  of  distilling  or  manufacturing  intoxicating  liquors, 
or  for  the  purpose  of  printing  and  publishing  newspapers, 


1870.— Chapter  224.  155 

periodicals,  books  or  engravings,  three  or  more  persons  may 
associate  themselves,  with  a  capital  of  not  less  than  five  thou-  Capital, 
sand  nor  more  than  five  hundred  thousand  dollars. 

Section  3.     For  the  purposes  of  cooperation  in  carrying  rorcoopera- 
on  any  business  authorized  in  the  last  preceding  section,  and  *i^^*™^^'  **'• 
of  cooperative  trade,  seven  or  more  persons  may  associate 
themselves,  with  a  capital  of  not  less  than  one  thousand  nor  capital, 
more  than  fifty  thousand  dollars. 

Section  4.     For  the  purpose  of  opening  outlets,  canals  or  For  opening 
ditches,  for  the  introduction  and  propagation  of  herrings  and  propagation  of 
alewives,  three  or  more  persons  may  associate  themselves,  'ii«wives,  &c. 
with  a  capital  of  not  less  than  one  thousand,  nor  more  than  capital. 
five  thousand  dollars. 

Section  5.     For  the  purpose  of  making  and  selling  gas  for  For  making  gas. 
light  in  a  city  or  town,  ten  or  more  persons  may  associate 
themselves,  with  a  capital  of  not  less  than  five  thousand,  nor  capital, 
more  than  five  hundred  thousand  dollars. 

Section  6.     For  the  purpose  of  carrying  on  the  business  For  business  of 
of  a  common  carrier  of  merchandise  or  other  property,  three  rre™"oTmer'- 
or  more  persons  may  associate  themselves,  with  a  capital  of  cap"tai?' 
not  less  than  five  thousand,  nor  more  than  one  million  dol- 
lars.    Such  corporation  shall  have  power  to  undertake  for 
the  carriage  of  goods  and  property  beyond  the  limits  of  the 
Commonwealth,  but  shall  not  by  virtue  of  this  act  be  author- 
ized to  purchase  or  operate  railroads,  canals  or  ferries. 

Section  7.     Such  agreement  shall  set  forth  the  fact  that  fef fonhMme, 
the  subscribers  thereto  associate  themselves  with  the  inten-  location,  cap- 
tion to  constitute  a  corporation,  the  name  by  which  the  cor-  poration. 
poration  shall  be  known,  tlie  purpose  for  which  the  corpora- 
tion is  constituted,  the  town  or  city,  which  town  or  city  shall 
be  within  this  Commonwealth,  in  which  it  is  established  or 
located,  the  amount  of  its  capital  stock  and  the  par  value  and 
number  of  its  shares ;  and  the  par  value  of  shares  shall  in 
all  cases,  except  corporations  organized  for  the  purposes  men- 
tioned in  the  third  and  fourth  sections  of  this  act,  be  one 
hundred  dollars. 

Section  8.     Any  name  may  be  assumed  for  such  corpora-  xame,when 
tion,  which  shall  indicate  that  it  is  a  corporation,  and  which  not  to  be 
is  not  previously  in  use  by  an  existing  corporation  or  com-  cept"by  AcTof 
pany,  and  the  name  assumed  in  the  agreement  of  association  legislature. 
shall  not  be  changed  but  by  act  of  the  legislature.     In  the 
case  of  corporations  organized  for  the  purposes  mentioned  in 
section  three,  the  word  cooperative  shall  form  part  of  the 
name.    In  the  case  of  corporations  organized  for  the  purposes 
mentioned  in  section  four,  the  word  fishing  shall  form  part  of 
the  name.     In  the  case  of  corporations  organized  for  the 


156 


1870.— Chapter  224. 


Notice  of  first 
meeting. 


Organization, 
choice  of  offi- 
cers, &c. 


Certificate  of 
agreement  to 
be  examined  by 
commissioner, 
and  filed  witli 
secretary  of 
Commou- 
wealtli. 


purposes  mentioned  in  section  five,  the  word  gas  shall  form 
part  of  the  name.  In  the  case  of  corporations  organized  for 
the  purpose  mentioned  in  section  six,  the  word  express  shall 
form  part  of  the  name. 

Section  9.  The  first  meeting  for  the  purpose  of  organ- 
izing such  corporation  shall  be  called  by  a  notice  signed  by 
one  or  more  of  the  subscribers  to  such  agreement,  stating 
the  time,  place  and  purpose  of  the  meeting,  a  copy  of  which 
notice  shall,  seven  days  at  least  before  the  day  appointed  for 
the  meeting,  be  given  to  each  subscriber,  or  left  at  his  usual 
place  of  business  or  place  of  residence,  or  deposited  in  the 
post-office,  post  paid,  and  addressed  to  him  at  his  usual  place 
of  business  or  place  of  residence.  And  whoever  gives  such 
notices  shall  make  affidavit  of  his  doings,  which  shall  be  re- 
corded in  the  records  of  the  company. 

Section  10.  At  such  first  meeting,  including  any  neces- 
sary or  reasonable  adjournment  thereof,  an  organization  shall 
be  effected  by  the  choice  by  ballot  of  a  temporary  clerk,  who 
shall  be  sworn  to  the  faithful  discharge  of  his  duty,  and,  by 
the  election,  in  the  manner  provided  by  law,  of  directors,  a 
treasurer,  a  clerk  of  the  corporation,  and  such  other  officers 
as  the  by-laws  adopted  for  the  corporation  may  provide  ;  but, 
at  such  first  meeting,  no  person  shall  be  eligible  as  a  director 
who  has  not  subscribed  the  agreement  of  association.  The 
temporary  clerk  shall  make  a  true  record  of  all  the  proceed- 
ings until  the  qualification  of  the  clerk  of  the  corporation  by 
his  being  duly  sworn,  including  a  record  of  that  fact,  and 
shall  attest  the  accuracy  thereof. 

Section  11.  The  president,  treasurer,  and  a  majority  of 
the  directors,  shall  forthwitli  make,  sign,  and  swear  to  a  cer- 
tificate setting  forth  a  true  copy  of  the  agreement  of  associa- 
tion with  the  names  of  the  subscribers  thereto,  the  date  of 
the  first  meeting,  and  of  the  successive  adjournments  thereof, 
if  any,  and  shall  submit  such  certificate  and  also  the  records 
of  the  corporation  to  the  inspection  of  the  commissioner  of 
corporations,  who  shall  examine  the  same,  and  who  may  re- 
quire such  other  evidence  as  he  may  judge  necessary  as  to 
the  same.  The  commissioner,  if  it  shall  appear  that  the  re- 
quirements of  the  preceding  sections  of  this  act  have  been 
complied  with,  shall  certify  that  fact,  and  his  approval  of  the 
certificate,  by  indorsement  thereon.  Such  certificate  shall 
thereupon  be  filed  in  the  office  of  the  secretary  of  the  Com- 
monwealth by  said  officers,  and  upon  being  paid  by  them  the 
fee  hereinafter  provided,  the  secretary  shall  cause  the  same, 
with  the  indorsement  thereon,  to  be  recorded,  and  shall  there- 


1870.— Chapter  224.  157 

upon  issno  to  said  corporation  a  certificate  in  the  following 
form : — 

CoJUrONWEALTH      OF      MASSACHUSETTS. 

Be  it  known  that  whereas  [here  the  names  of  the  subscribers  to  the  Certificate  to 
aoreement  of  association  shall  be  inserted,]  have  associated  themselves  be  issued  by 
with  the  intention  of  forming  a  corporation  under  the  name  of  [here  the 
name  of  the  corporation  shall  be  inserted,]  for  the  purpose  [here  the  pur- 
pose declared  in  the  agreement  of  association  shall  be  inserted,]  with  a 
capital  of  [here  the  amount  of  capital  fixed  in  the  agreement  of  associa- 
tion shall  be  inserted,]  and  have  complied  with  the  provisions  of  the  stat- 
utes of  this  Commonwealth  in  such  case  made  and  provided,  as  appears 
from  the  certificate  of  the  president,  treasurer,  and  directors  of  said  cor- 
poration, duly  approved  by  the  commissioner  of  corporations,  and  recorded 
in  this  office  Now,  therefore,  I,  [here  the  name  of  the  secretary  shall  be 
inserted.]  secretary  of  the  Commonwealth  of  Massachusetts,  do  hereby 
certify  that  said  [here  the  names  of  the  subscribers  to  the  agreement  of 
association  shall  be  inserted,]  their  associates  and  successors,  are  legally 
organized  and  established  as  and  are  hereby  made  an  existing  corporation 
under  the  name  of  [here  the  name  of  the  corporatioii  shall  be  inserted,] 
with  the  powers,  rights  and  privileges,  and  subject  to  the  limitations,  du- 
ties and  restrictions  which  by  law  appertain  thereto.  Witness  my  official 
signature  hereunto  subscribed,  and  the  seal  of  the  Commonwealth  of  Mas- 
sachusetts hereunto  affixed  this  day  of  in  the  year  of  our 
Lord  .  [In  these  blanks  the  day,  month,  and  year  of  execution  of 
the  certificate  shall  be  inserted.] 

The  secretary  of  the  Commonwealth  shall  sign  the  same  --to  iiaye  force 
and  cause  the  seal  of  the  Commonwealth  to  be  thereto  affixed,  ter^  and'be  ev- 
and  such  certificate  shall  have  the  force  and  effect  of  a  special  gtillzat'iou.'^' 
charter,  and  be  conclusive  evidence  of  the  organization  and 
establishment  of  such  corporation.     The  secretary  shall  also 
cause  a  record  of  such  certificate  to  be  made,  and  a  copy  of 
such  record,  duly  certified,  may,  with  like  effect  as  the  origi- 
nal certificate,  be  given  in  evidence  to  prove  the  organization 
and  establishment  of  such  corporation. 

Section  12.     Any  corporation  which  is  already  organized  corporations 
under  the  provisions  of  chapter  one  hundred  and  thirty-three  gantzedmay 
of  the  acts  of  the  year  eighteen  hundred  and  fifty-one,  chap-  proTis?ous*^of 
ter  sixty-one  of  tlie  General  Statutes,  or  chapters  one  hun-  ti^isAct. 
dred  and  eighty-seven  or  two  hundred  and  ninety  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-six,  which  shall  at  a 
meeting  of  its  stockholders,  regularly  notified  for  that  pur- 
pose, decide  to  comply  with  the  provisions  of  this  section, 
may  submit  to  the  inspection  of  the  commissioner  of  corpo- 
rations a  certificate,  signed  and  sworn  to  by  the  president, 
treasurer,  clerk,  and  a  majority  of  the  directors  of  said  cor- 
poration, setting  forth  a  copy  of  its  articles  of  agreement  with 
the  names  of  the  subscribers  thereto,  and  a  copy  of  the  vote 
aforesaid,  and  produce  sufficient  evidence  of  its  regular  or- 


158  1870.— Chapter  224. 

ganization  according  to  law  or  of  confirmatory  action  under 
the  provisions  of  section  sixty-six  of  this  act,  or  of  section 
four  of  cliapter  sixty. one  of  the  General  Statutes,  or  of  sec- 
tion three  of  chapter  four  hundred  and  seventy-eight  of  the 
acts  of  the  year  eighteen  hundred  and  fifty-five. 

The  commissioner  of  corporations  shall  examine  the  cer- 
tificate submitted  to  him  and  the  evidence  of  organization 
produced  as  aforesaid,  and  if  it  shall  appear  that  the  provi- 
sions of  law  have  been  complied  with,  he  shall  certify  that 
fact  and  his  approval  thereof  by  indorsement  thereon  in  writ- 
ing. The  secretary  of  the  Commonwealth  shall,  upon  the 
same  being  deposited  in  his  office,  and  upon  payment  of  the 
fee  hereinafter  provided,  cause  the  same,  with  the  indorsement 
thereon,  to  be  recorded,  and  shall  issue  a  certificate  in  the 
following  form : — 

COMMONAVEALTH     OF     MASSACHUSETTS. 
Certificate  to  Be  It  known  tliat  whereas  [here  the  names  of  the  original  subscribers 

secretary  of  the  ^^^^^  ^^  inserted,]  have  formerly  associated  themselves  with  the  intention 
Common-  of  forming  a  corporation  under  the  name  of  [here  the  name  of  the  corpo- 

wealth;  ration  shall  be  inserted,]  for  the  purpose  [here  the  purpose  declared  in  the 

articles  of  agreement  shall  be  inserted,]  under  the  provisions  of  [here  the 
designation  of  the  statute  under  the  provisions  of  which  organization  was 
effected  shall  be  Inserted,]  with  a  capital  of  [here  the  amount  of  the  cap- 
ital stock  as  It  stands  fixed  by  the  corporation  at  the  date  of  the  certifi- 
cate shall  be  Inserted,]  and  the  provisions  of  the  statutes  of  this  Common- 
wealth in  such  case  made  and  provided  have  been  complied  with,  as 
appears  from  the  certificate  of  the  president,  treasurer  and  directors  of 
said  corporation,  duly  approved  by  the  commissioner  of  corporations,  and 
recorded  In  this  office.  Now,  therefore,  I,  [here  the  name  of  the  secre- 
tary shall  be  Inserted,]  secretary  of  the  Commonwealth  of  Massachusetts, 
do  hereby  certify  that  said  [here  the  name  of  the  corporation  shall  be  in- 
serted,] is  legally  organized  and  established  as  an  existing  corporation, 
with  the  powers,  rights  and  privileges,  and  subject  to  the  limitations,  du- 
ties and  restrictions  which  by  law  appertain  thereto. 

Witness  my  official  signature  hereunto  subscribed,  and  the  seal  of  the 
Commonwealth  of  Massachusetts  hereunto  affixed  this  day  of 

In  the  year  of  our  Lord  .     [In  these  blanks  the  day,  month  and 

year  of  execution  of  the  certificate  shall  be  inserted.] 

—to  have  force       The  Secretary  of  the  Commonwealth  shall  sign  the  same 
ter^and  be*^e\T  and  causc  the  scal  of  the  Commonwealth  to  be  thereto  affixed, 
fzation.^  °'^'^^'  and  such  certificate  shall  be  conclusive  evidence  of  the  organ- 
ization and  establishment  of  such  corporation  at  the  date  of 
such  certificate.     The  secretary  shall  also  cause  a  record  of 
such  certificate  to  be  made,  and  a  copy  of  such  record  duly 
certified  may  with  like  effect  as  the  original  certificate  be 
given  in  evidence  to  prove  the  existence  of  such  corporation. 
he'^'^ovemedh'      SECTION  13.     Corporations  organized  under  the  provisions 
tiiis  Act.  of  this  act,  those  organized  under  the  provisions  of  chapter 


1870.— Chapter  224.  159 

sixty-one  of  the  General  Statutes,  those  organized  under  the 
provisions  of  chapter  one  hundred  and  thirty-three  of  the 
acts  of  the  year  eighteen  hundred  and  fifty-one,  those  organ- 
ized under  the  provisions  of  chapter  one  hundred  and  eighty- 
seven  or  chapter  two  hundred  and  ninety  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-six,  those  established  within 
this  state  by  special  charters  subsequently  to  the  twenty-third 
day  of  February,  in  the  year  one  thousand  eight  hundred  and 
thirty,  for  the  purpose  of  carrying  on  any  kind  of  manufac- 
ture, corporations  which  have  been  chartered  subject  to  the 
provisions  of  chapter  thirty-eight  of  the  Revised  Statutes, 
and  those  which,  by  force  of  their  charters  or  the  provisions 
of  any  general  law,  have  been  made  subject  to  the  provisions 
of  chapters  sixty  and  sixty-one  of  the  General  Statutes,  and 
their  respective  officers  and  stockholders  may  exercise  the 
powers,  and  shall  be  governed  by  the  provisions,  and  be  sub- 
ject to  the  liabilities  prescribed  in  this  chapter. 

Section  l-l.     Every  company  may  make  by-laws  not  re-  companies  may 
pugnant  to  the  laws  of  the  Commonwealth,  with  penalties  wfth'^pLnauTIs 
for  the  breach  thereof  not  exceeding  twenty  dollars  for  each  "weutyToiiarl 
offence. 

Section  IS.-    The  business  of  the  company  shall  be  man-  Business  to  be 
aged  and  conducted  by  a  president,  a  board  of  directors,  a  ^rtSa'officers. 
clerk,  treasurer,  and  such  other  officers,  agents  and  factors,  as 
the  company  authorizes  for  that  purpose.     But  no  conveyance  conveyance  or 

XI  »i  iiiort'^tX'^6  not  to 

or  mortgage  of  the  real  estate  of  the  company,  or  lease  thereof,  be  made  except 
for  more  than  one  year,  shall  be  made,  unless  authorized  by  st^ockhoiders. 
a  vote  of  the  stockholders  at  a  meeting  called  for  the  purpose. 

Section  16.     The  directors,  clerk  and  treasurer  shall  be  Directors,  cierk 
chosen   annually  by   the   stockholders,  by   ballot,  and   shall  be  cho'sMran- 
hold  their  offices  for  one  year  and  until  others  are  chosen  and  ofi^e^s  as'pre- 
qualified  in  their  stead.     The  manner  of  the  choice  or  ap-  i^ws**^'^  ^^  ^^' 
pointment  of  all  other  agents,  factors  and  officers  of  the  com- 
pany, and  the  manner  of  filling  all  vacancies,  shall  be  pre- 
scribed by  the  by-laws. 

Section  17.     The  number  of  the  directors  shall  not  be  less  Not  less  than 
than  three.     One  of  them  shall  be  chosen  president,  by  the  oneofwiiomtd 
directors  or  by  the  company,  as  the  by-laws  shall  direct.  '^^  president. 

Section  18.     The  clerk  shall  be  sworn,  and  shall  record  cierk  to  be 

111  r>     1  •  1111  PI  sworn,  and 

all  the  votes  oi  the  company  in  a  book  to  be  kept  lor  that  keep  record, 
purpose,  and  perform  such  other  duties  as  shall  be  assigned 
to  him.     The  treasurer  shall  give  bond  in  such  sum  and  with  Treasurer  to 
such  sureties    as  shall  be  required  by  the  by-laws  for  the 
faithful  discharge  of  his  duty. 

Section  19.     At   all   meetings   of  the   company,   absent  voting  by 
stockholders  may  vote  by  proxy,  authorized  in  writing  ;  but  ^™^^' 


160 


1870.— Chapter  224 


Salaried  officer 
not  to  vote  as 
proxy. 


Quorum  of 
stockholders. 


Capital  stock 
once  fixed,  to 
be  cUauged 
only  as  here 
provided; 


— of  companies 
specially  char- 
tered, to  be 
fixed  and  lim- 
ited 


Shares  to  be 
numbered,  and 
stockholders  to 
have  certifi- 
cates. 


Increase  and 
reduction  of 
capital  stock. 


General  and 
special  stock. 


no  proxy  shall  be  valid  unless  executed  and  dated  within  six 
months  previous  to  the  meeting  at  which  it  is  used,  if  the 
maker  thereof  resides  in  the  United  States ;  and  no  person 
shall,  as  proxy  or  attorney,  cast  more  than  fifty  votes,  unless 
all  the  shares  so  represented  by  him  are  owned  by  one  per- 
son ;  and  no  officer  of  the  corporation,  as  proxy  or  attorney, 
shall  cast  more  votes  than  represent  twenty  shares,  unless  all 
the  shares  so  represented  by  him  are  owned  by  one  person. 
No  salaried  officer  shall  vote  as  a  proxy,  and  no  officer  of  any 
corporation  shall  ask  for,  receive,  procure  to  be  obtained,  or 
use  any  proxy  vote  in  the  corporation  of  which  he  is  an 
officer,  except  the  votes  he  is  hereby  authorized  to  cast. 

Section  20.  Every  company  may  determine  by  its  by-laws 
what  number  of  stockholders  shall  attend,  either  in  person 
or  by  proxy,  or  what  number  of  shares  or  amount  of  interest 
shall  be  represented  at  any  meeting,  to  constitute  a  quorum. 
If  the  quorum  is  not  so  determined,  a  majority  in  interest  of 
the  stockholders  shall  constitute  a  quorum. 

Section  21.  The  capital  stock  of  every  company,  the 
amount  whereof  has  been  fixed  and  limited  by  such  company 
according  to  law,  shall  remain  so  fixed,  subject  to  be  increased 
or  reduced  pursuant  to  the  provisions  of  this  chapter. 

Section  22.  The  amount  of  the  capital  stock  of  every 
company  established  by  special  charter  and  not  organized, 
shall  be  fixed  and  limited  by  the  company,  and  shall  at  its 
first  meeting  be  divided  into  shares,  of  which  a  record  shall 
be  made  by  the  clerk. 

Section  23.  The  shares  in  all  corporations  subject  to  the 
provisions  of  this  act  shall  be  numbered,  and  every  stock- 
holder shall  have  a  certificate  under  the  seal  of  the  corpora- 
tion, and  signed  by  the  treasurer,  certifying  his  property  in 
such  shares  as  are  expressed  in  the  certificate. 

Section  2-1.  Every  corporation  may,  at  a  meeting  called 
for  the  purpose,  increase  or  reduce  the  amount  of  its  capital 
stock  and  the  number  of  shares  therein,  within  the  limita- 
tions of  its  charter  in  the  case  of  a  chartered  company,  and 
within  the  limitations  of  this  act  in  the  case  of  a  company 
organized  under  general  laws. 

Section  25.  Every  company  may,  by  a  vote  of  three- 
fourths  of  the  general  stockholders  at  a  meeting  duly  called 
for  the  purpose,  issue  two  kinds  of  stock,  namely,  general 
stock  and  special  stock.  The  special  stock  shall  at  no  time 
exceed  two-fifths  of  the  actual  capital  of  the  corporation,  and 
shall  be  subject  to  redemption  at  par  after  a  fixed  time,  to  be 
expressed  in  the  certificates.  Holders  of  such  special  stock 
shall  be  entitled  to  receive,  and  the  corporation  shall  be  bound 


1870.— Chapter  224.  161 

to  pay  thereon,  a  fixed  half-yearly  sum  or  dividend,  to  be  ex- 
pressed in  the  certificates,  not  exceeding  four  per  cent.,  and 
they  shall  in  no  event  be  liable  for  the  debts  of  the  corpora- 
tion beyond  their  stock. 

Section  26.     Shares  may  be  transferred  by  the- proprietor,  ^^''^J'g^J'''' ^'^ 
by  an  instrument  in  writing  under  his  hand,  which  shall  be 
recorded  by  the  clerk  of  the  corporation  in  a  book  to  be  kept 
for  that  purpose.     The  purchaser  named  in  such  instrument 
so  recorded  shall,  on  producing  the  same  to  the  treasurer, 
and  delivering  to  him  the  former  certificate,  be  entitled  to  a 
new  certificate.     In  case  of  the  loss  of  a  certificate,  a  dupli-  Lost  certificate 
cate  certificate  may  be  issued  upon  such  reasonable  terms  as  ^ted.*^  "^' 
the  directors  shall  prescribe. 

Section  27.     Every  company  may,  from  time  to  time,  at  a  Assessments 
legal  meeting  called  for  the  purpose,  assess  upon  each  share  "^''"^ 
such  sums  of  money  as  the  company  thinks  proper,  not  ex- 
ceeding in  the  whole,  the  amount  at  which  each  share  was 
originally  limited  ;  and  such  sums  assessed  shall  be  paid  to 
the  treasurer  at  such  times  and  by  such  instalments  as  the 
company  directs.     No  note  or  obligation  given  by   a   stock-  ^°*jf '  fj^j/^^' 
holder,  whether  secured  by  pledge  or  otherwise,  shall  be  con-  iioide/no*t 
sidered  as  payment  of  any  part  of  the  capital  stock.  meut*of  Capital. 

Section  28.     If  the  proprietor  of  any  share  neglects   to  if  assessments 
pay  a  sum  duly  assessed  thereon  for  the  space  of  thirty  days  wmliu  tMriy 
after  the  time  appointed  for  payment,  the  treasurer  of  the  ^Yy  be'soTd  at 
company  may  sell  by  public  auction  a  sufficient  number  of  auction. 
his  shares  to  pay  all  assessments  then  due  from  him,  with  nec- 
essary and  incidental  charges. 

Section  29.     The  treasurer   shall  give  notice  of  the  time  Notice  of  sale 
and  place  appointed  for  such  sale,  and  of  the  sum  due  on  by  treasurer. 
each  share,  by  advertising  the  same  three  weeks  successively 
before  the  sale  in  some  newspaper  printed  in  the  county  where 
the  corporation  is  established,  and  if  there  is  no  such  paper, 
then  in  some  newspaper  printed  in  an  adjoining  county  ;  and  Deed  of  shares 
a  deed  of  the  shares  so  sold,  made  by  the  treasurer  and  ac-  ^°^^' 
knowledged  before   a  justice  of  the  peace,  and   recorded  as 
provided  in  section  twenty-six,  shall  transfer  said  shares  to 
the  purchaser,  who  shall  be  entitled  to  a  certificate  therefor. 

Section  30.  Until  the  organization  is  completed  the  sub-  subscribers  of 
scribers  to  the  agreement  of  association  shall  hold  the  fran-  hourf™an"chis°e 
chise ;  and  where  it  is  not  otherwise  provided  in  the  agree-  l\ou'is  ^m-^^' 
ment  of  association,  all  the  subscribers  shall  have  the  right  pieted; 

11  nil  •!  '11     — may  take 

to  take  an  equal  number  of  the  shares  in  the  capital  stock  equal  number 
upon  paying  the  assessments  thereon  as  called  for  by  the  cor-  me'ettng!* 
poration  :  provided,  they  signify  their  election  to  take  such 

21 


162  1870.— Chapter   224. 

shares,  at  the  first  meeting.  All  shares  not  taken  at  the  first 
meeting  shall  be  disposed  of  as  the  company  shall  determine. 

BonaiTsm^"  Section  31.  Every  corporation  may,  in  its  corporate 
name,  purchase,  hold  and  convey  such  real  and  personal 
estate  as  is  necessary  for  the  purposes  of  its  organization  ; 
may  carry  on  its  business,  or  so  much  thereof  as  is  conveni- 
ent, beyond  the  limits  of  the  state,  and  may  there  purchase 
and  hold  any  real  or  personal  estate  necessary  for  conducting 
the  same.  Said  company  shall  not  direct  its  operations  or 
appropriate  its  funds  to  any  other  purpose  than  that  specified 
in  its  agreement  of  association  or  its  charter,  as  the  case 
may  be  ;  except  that  corporations  organized  or  chartered  for 
the  manufacture  of  cotton  or  woollen  goods  may  upon  the 
consent  of  four-fifths  of  the  stockholders,  by  a  vote  at  a  meet- 
ing called  for  the  purpose,  carry  on  the  manufacture  of  silk, 
linen,  flax  or  India  rubber  goods. 

Not  to  com-  Section  32.     No  corporation  shall  commence  the  trans- 

mence  business         ,.  />jii-  /  i-i-^  -i  i 

until  whole       action  01  the  busmess  lor  which  it  was  organized  or  char- 
has'been^paid    tcrcd,  Until  the  wholc  amouut  of  the  capital  stock  has  been 
in,  in  cash.       ^^(.[d  ill  in  cash,  and  a   certificate  of  that   fact,  and   of  the 
manner  in  which  the  same  has  at  the  time  of  making  the 
certificate  been  invested  or  voted  by  the  corporation  to  be 
invested,  signed  and  sworn  to  by  the  president,  treasurer  and 
a  majority  at  least  of  the  directors  has  been  filed  in  the  oflGLce 
of  the  secretary  of  the  Commonwealth. 
Certificate  10         SECTION  33.     Evcry  Corporation  shall  annually  make  and 
name*  o/share-  file  in  the  office  of  the  secretary  of  the  Commonwealth,  with- 
be'annuauy' *°  ln  thirty  days  after  the  date  of  the  annual  or  semi-annual 
ry^s*^officrwUh-  ^ciseting  of  the  corporation  next  preceding  the  date  of  such 
in  thirty  days     certificate,  a  Certificate  signed  and  sworn  to  by  the  president, 
ing  """*  mee  -  ^j.Qj^g^j.pj.  ^j^^j  g^|.  jgj^g^  g^  majority  of  the  directors   of  such 
corporation,  which  shall  state  the  date  of  such  meeting,  the 
amount  of  capital  stock  then  paid  in,  the  name  of  each  share- 
holder and  the  number  of  shares  standing  in  his  name,  the 
amount  invested  in  real  estate  and  in  personal  estate,  giving 
the  price  paid  and   the   then   estimated  value  thereof,  the 
amount  of  property  owned  by  and  of  debts  due  to  the  corpora- 
tion, and  the  amount,  as  nearly  as  can  be  ascertained,  of  ex- 
isting demands  against  said  corporation  at  the  date  of  such 
annual  or  semi-annual  meeting. 
Certificate  of         SECTION  34.     Every  corporation  shall  upon  an  increase  of 
it'arto^be'fiieu'"  its  Capital  stock,  within  thirty  days  after  the  payment  or  col- 
offic^r*'*'^^'*     lection  of  the  last  instalment  of  such  increase,  file  a  certifi- 
cate of  the  amount  of  such  increase  and  the  fact  of  such 
payment,  signed  and  sworn  to  by  the  president,  treasurer  and 


1870.— Chapter  224.  163 

at  least  a  majority  of  the  directors  of  such  corporation,  ia 
the  office  of  the  secretary  of  the  Commonwealth. 

Section  35.     Every  corporation  shall  within   thirty  days  certificate  of 
after  a  reduction  of  its  capital  stock  is  voted,  file  in  the  office  elpuaitobe 
of  the  secretary  of  the  Commonwealth  a  copy  of  the  vote  or  ^^'^'^• 
votes  authorizing  such  reduction,  signed  and  sworn  to  by  the 
clerk  of  the  corporation. 

Section  36.     Every  corporation  organized  under  authority  written  au- 
of  this  act  for  the  purposes  specified  in  section  four,  shall  be'aied^by'co?- 
within  thirty  days  after  obtaining  the  w^ritten  authorization  opening  cfnais, 
required  by  section  fifty-four  of  this   act,  file  a  copy  of  the  &c..,  for  propa- ' 
same,  certified  by  the  town  clerk  or  clerk  of  the  board  of  ^*  ^°"  ^ 
aldermen,  as  the  case  may  be,  in  the  office  of  the  secretary  of  * 

the  Commonwealth. 

Section  37.  Every  certificate  required  to  be  filed  by  the  certificates  to 
provisions  of  sections  thirty-two,  thirty-three,  thirty-four,  thir-  comSioner*'^ 
tyifive  and  thirty-six  of  this  act  shall,  before  filing,  be  sub-  ^\*"dJ'^  ^'^"'s 
mitted  to  the  inspection  of  the  commissioner  of  corporations, 
who  shall  examine  the  same,  and  if  such  certificate  shall  ap- 
pear to  him  to  be  a  sufficient  compliance  in  matter  of  form 
with  the  requirements  of  this  act,  he  shall  certify  his  approval 
thereof  by  indorsement  upon  the  same  ;  but  upon  the  copies 
of  votes  of  corporations  or  authorizations  of  municipal  au- 
thorities, required  by  section  thirty-six  to  be  filed,  he  shall 
indorse  the  date  and  fact  of  submission  to  his  inspection  only, 
and  the  same  shall  then  be  recordable,  and  upon  filing  the 
same  in  the  office  of  the  secretary  of  the  Commonwealth  and 
paying  the  fee  hereinafter  provided  for  recording  the  same, 
said  corporation  and  its  officers  shall  be  conclusively  held  to 
have  complied  witli  the  requirements  of  this  act  in  respect  to 
the  filing  such  certificate,  except  that  it  may  always  be  shown 
by  competent  evidence  in  any  court  that  the  statements  made 
in  such  return  were  false  and  were  known  so  to  be  by  any 
officer  or  officers  signing  or  making  oath  to  the  same.  The 
secretary  of  the  Commonwealth  shall,  upon  being  paid  the 
fee  hereinafter  provided,  receive  and  record  the  same  in 
books  of  record  to  be  kept  for  that  purpose. 

Section  38.     The  officers  of  corpoi-ations  shall  be  jointly  Liability  of  offi- 
and  severally  liable  for  its  debts  and  contracts  in  the  follow-  aud  contracts. 
ing  cases,  and  not  otherwise : — 

First.  For  making  or  consenting  to  a  dividend  when  the 
corporation  is  or  thereby  is  rendered  insolvent,  to  the  extent 
of  such  dividend. 

Second.  For  debts  contracted  between  the  time  of  making 
or  assenting  to  a  loan  to  a  stockholder  and  the  time  of  its  re- 
payment, to  the  extent  of  such  loan. 


164 


1870.— Chapter  224. 


Liability  of 

stockholders 
for  debts  and 
contracts. 


Third.  When  the  debts  of  a  corporation  shall  exceed  its 
capital,  to  the  extent  of  such  excess  existing  at  tlie  time  of 
the  commencement  of  the  suit  against  the  corporation  upon 
the  judgment  in  which  the  suit  in  equity  to  enforce  such 
liability  shall  be  brought  as  hereinafter  provided. 

Fourth.  For  signing  any  certificate  required  by  law  know- 
ing it  to  be  false  ;  but  only  the  officer  or  officers  knowing 
thereof  shall  be  liable. 

Fifth.  All  officers  of  corporations  chartered  by  or  organ- 
ized under  the  general  laws  of  this  Commonwealth  for  the 
purpose  of  engaging  without  the  limits  thereof  in  the  busi- 
ness of  coal  mining  or  other  mining,  or  extracting  of  carbon- 
aceous oils  from  the  earth,  or  for  the  purpose  of  purchasing, 
selling,  or  holding  mines  or  lands  without  the  Common- 
wealth ;  and  all  other  persons  assuming  to  represent  such 
corporations  within  the  Commonwealth  by  having  charge  of 
its  affairs  or  of  books  for  the  transfer  of  its  shares  shall  sev- 
erally be  personally  liable  for  the  amount  of  all  taxes  im- 
posed thereon  under  any  law  of  this  Commonwealth. 

Section  39.  The  members  or  stockholders  in  corporations 
shall  be  jointly  and  severally  liable  for  its  debts  or  contracts 
in  the  following  cases,  and  not  otherwise. 

First.  For  such  as  may  be  contracted  before  the  original 
capital  is  fully  paid  in.  But  stockholders  who  have  paid  in 
full  the  par  value  of  their  shares  shall  not  be  liable  for  such 
debts. 

Second.  For  the  payment  of  all  debts  existing  at  the  time 
when  the  capital  is  reduced,  to  the  extent  of  the  sums  with- 
drawn and  paid  to  stockholders. 

Third.  If  the  corporation  shall  be  subject  to  and  neglect 
to  comply  with  the  provisions  of  section  sixty-three  of  this 
act,  for  debts  existing  and  contracted  before  the  same  are 
complied  with. 

Fourth.  When  special  stock  is  created,  the  general  stock- 
holders shall  be  liable  for  all  debts  and  contracts  until  the 
special  stock  is  fully  redeemed. 

Fifth.  For  all  sums  of  money  due  to  operatives  for  ser- 
vices rendered  within  six  months  before  demand  made  upon 
the  corporation,  and  its  neglect  or  refusal  to  make  payment. 
Any  such  member  or  stockholder  who  pays,  on  a  judgment 
or  otherwise,  more  than  his  proportional  share  of  any  such 
debt,  shall  have  a  claim  for  contribution  against  the  other 
members  or  stockholders. 

Section  40.    No  stockholder  or  officer  in  such  corporation 
shall  be  held  liable  for  its  debts  or  contracts,  unless  a  judg- 
iTrecovefeT"*  mcut  is  rccovercd  against  it,  and  the  corporation  §hall  neg- 


Stockholders 
and  officers  not 
liable  for  debts 


1870.— Chapter  224.  165 

lect,  for  the  space  of  thirty  days  after  demand  made  on  and  execution 

•  .  .^  .T  -1,1  m        51*  returned  unsat- 

execution,  to  pay  the  amount  due,  with  the  oihcer  s  lees,  or  isiied. 
exhibit  to  him  real  or  personal  estate  of  the  corporation  sub- 
ject to  be  taken  on  execution,  sufficient  to  satisfy  the  same, 
and  the  execution  shall  be  returned  unsatisfied. 

Section  41.     It  shall  be  the  duty  of  the  clerk  or  other  offi-  P^F'^ ^"^"J"'^'^ 
cer  having  charge  of  the  records  of  any  such  corporation  itor  with  names 
against  which  judgment  has  been  recovered,  and  execution  stoekiToWers.'^ 
issued  and  returned  unsatisfied,  according  to  the  provisions 
of  section  forty  of  this  act,  upon  reasonable  request  of  the 
judgment  creditor,  or  of  the  attorney  of  such  creditor,  to  fur- 
nish him  a  certified  list  of  the  names  of  all  persons  who  were 
officers  and  stockholders  in  such  corporation  at  the  time  of 
the  commencement  of  the  suit  in  which  judgment  was  re- 
covered. 

Section  42.    After  the  execution  shall  be  so  returned,  the  creditor  may 
judgment  creditor,  or  any  other  creditor,  may  file  a  bill  in  against"co*i^o'-^ 
equity  in  behalf  of  himself  and  all  other  creditors  of  the  and°s'to°ckhoid- 
corporation,  against  it,  and  all  persons  who  were  stockhold-  ^'^^■ 
ers  therein  at  the  time  of  the  commencement  of  the  suit  in 
which  such  judgment  was  recovered,  or  against  all  the  officers 
liable  for  its  debts  and  contracts,  for  the  recovery  of  the  sums 
due  from  said  corporation  to  himself  and  such  other  credit- 
ors, for  which  the  stockholders  or  officers  may  be  personally 
liable  by  reason  of  any  act  or  omission  on  its  part,  or  that  of 
its  officers,  or  any  of  them,  setting  forth  the  judgment  and 
proceedings  thereon,  and  the  grounds  upon  which  it  is  ex- 
pected to  charge  the  stockholders  or  officers  personally. 

Section  43.     Such  sums  as  may  be  decreed  to  be  paid  by  stockholders  to 
the  stockholders  in  such  suit  in  equity  shall  be  assessed  upon  proportion  of 
them  in  proportion  to  the  amounts  of  stock  by  them  respec-  ^^^'^^' 
tively  held  at  the  time  when  the  suit  in  which  said  judgment 
was  recovered  was  begun  ;  but  no  stockholder  shall  be  liable  — iiawe  to 
to  pay  a  larger  sum  than  the  amount  of  stock  held  by  him  arpa" 
at  that  time  at  its  par  value. 

Section  44.     The  estates  and  funds  in  the  hands  of  exec-  Liability  of 

..  ,.  iniTiix      estates  in  hands 

utors,  administrators,  guardians  or  trustees,  snail  be  liable  to  of  executors, 
no  greater  extent  than  the  testator,  intestate,  ward  or  person  *'*'" 
interested  in  the  trust  fund,  would  have  been  if  living  and 
competent  to  act  and  hold  the  stock  in  his  own  name. 

Section  45.    If  during  the  pendency  of  any  suit  in  equity,  suit  in  equity 
as  herein  provided,  one  of  the  defendants  shall  decease,  the  death  of*one^ 
suit  shall  not  abate  thereby;  and  his  estate,  in  the  hands  of '^^^^'^*^'^'^'^' 
his  executor  or  administrator,  shall  be  liable  to  the  same  ex- 
tent as  he  would  be  if  living.     Such  executor  or  administra- 


166 


1870.— Chapter  224. 


— not  to  be  dis- 
missed without 
order  of  court 
and  notice  to 
creditors ; 


— not  abated  by 
non-joinder  of 
persons  liable. 


Suits  may  be 
defended  by 
stocliholder, 
&c.,  by  permis- 
sion of  court. 


Bond  for  costs 
may  be  re- 
quired. 


Pending  suits 
not  aflfected. 


tor  may  voluntarily  appear  and  become  a  party  to  such  suit, 
or  may  be  summoned  by  the  plaintiff. 

Section  46.  After  a  suit  in  equity  to  enforce  the  liability 
of  stockholders  or  officers  shall  have  been  commenced,  it 
shall  not  be  competent  for  the  plaintiff  to  dismiss  the  same 
without  order  of  court,  and  such  notice  to  other  creditors  as 
the  court  may  deem  reasonable  under  the  circumstances. 

Section  47.  No  such  suit  shall  be  abated  by  reason  of  the 
non-joinder  of  persons  liable  as  defendants,  unless  the  plain- 
tiff after  being  notified  by  plea  or  answer  of  the  existence  of 
such  persons  shall  unreasonably  neglect  to  make  them  par- 
ties. 

Section  48.  In  all  suits  against  corporations  established 
by  the  laws  of  this  Commonwealth,  when  it  shall  appear  to 
the  court  that  one  of  the  objects  of  the  suit  is  to  obtain  a 
judgment  against  said  corporation  in  order  to  enforce  an  al- 
leged liability  of  any  person  who  has  been,  or  is,  a  stockholder 
or  officer  of  said  corporation,  any  such  stockholder  or  officer 
may  be  permitted,  on  petition,  to  defend  said  suit. 

Section  49.  The  court  in  such  case  may  require  of  the 
person  so  taking  upon  himself  the  defence  of  said  suit,  or  of 
some  person  in  his  behalf,  a  bond  with  sufficient  surety,  or 
sureties,  conditioned  to  pay  to  the  plaintiff  all  costs  which 
may  accrue  and  be  taxed  to  him  after  the  filing  of  said  pe- 
tition. 

Section  50.  This  act  shall  not  affect  any  action  or  suit 
now  pending,  or  any  rights  of  either  party  thereto. 


Profits  to  be 
distributed  ac- 
cording to  by- 
laws. 


Proviso. 


Not  more  than 
$1,000  interest 
to  be  held  by 
one  person. 


CO-OPERATIVE    ASSOCIATIONS. 

Section  51.  In  the  case  of  corporations  organized  for  the 
purposes  set  forth  in  section  three  of  this  act,  there  shall  be 
such  distribution  of  the  profits  or  earnings  of  such  associa- 
tion among  the  workmen,  purchasers  and  stockholders,  as 
shall  be  described  by  the  by-laws,  at  such  times  as  therein 
prescribed,  and  as  often,  at  least,  as  once  in  twelve  months : 
provided,  that  no  distribution  shall  be  declared  and  paid  un- 
til a  sum  equal  at  least  to  ten  per  cent,  of  the  net  profits 
shall  be  appropriated  for  a  contingent  or  sinking  fund,  until 
there  shall  have  accumulated  a  sum  equal  to  thirty  per  cent, 
in  excess  of  such  capital  stock. 

Section  52.  No  person  shall  hold  shares  in  any  coopera- 
tive association  to  an  amount  exceeding  one  thousand  dollars 
at  their  par  value,  nor  shall  any  stockholder  upon  any  sub- 
ject be  entitled  to  more  than  one  vote. 


1870.— Chapter  224.  167 

Section  53.    The  shares  ia  cooperative  associations  formed  shares  not  ex- 
iinder  this  act,  to  an  amount  not  exceeding  twenty  dollars  in  dollars  exempt 
the  aggregate,  shall  be  exempt  from  attachment  and  from  ment.'*"*^^' 
being  taken  on  execution. 

FISHING  ASSOCIATIONS. 

Section  54.     Corporations  organized  for  the  purposes  set  Fishing  associ- 
forth  in  section  four  of  this  act  may  purchase  and  hold  real  chase  and  hold 
estate  necessary  for  the  purpose  of  opening  outlets,  canals,  ^^*^^^*^*^- 
sluice-ways,  or  ditches,  for  the  passage  of  herring  and  ale- 
wives  to  and  from  said  ponds  and  other  waters :  provided,  Proviso. 
however,  that  before  making  any  such  purchase  or  doing  any 
acts  in  pursuance  of  the  purpose  of  their  organization,  they 
shall  obtain  the  written  authorization  of  the  selectmen  of  the 
town,  or  the  mayor  and  aldermen  of  the  city,  within  the  lim- 
its of  which  the  works  of  such  corporatiou  are  to  be  located. 

GAS-LIGHT  COMPANIES. 

Section  55.     In  any  city  or  town  in  which  a  gas  company  Gas^iight  com- 
exists  in  active  operation,  no  corporation  shall  be  organized  Ee°Jrgan*ized 
for  the  purposes  set  forth  in  section  five  of  this  act,  unless  ^Jn^^g  ex^;^ 
the  parties  to  the  association  are  inhabitants  of  the  place;  except, &c.; 
nor  unless  the  existing  corporation  has  realized  an  annual 
dividend  of  seven  per  cent,  on  its  capital  stock  for  a  period 
of  five  years. 

Section  56.     Such  corporations  may,  with  the  consent  in  —may  dig  up 
writing  of  the  mayor  and  aldermen  or  the  selectmen,  dig  up  fonsent*^'**^ 
and  open  the  grounds  in  any  of  the  streets,  lanes,  and  high-  selectmen,  &c.; 
ways  of  such  place,  so  far  as  is  necessary  to  accomplish  the 
object  of  the  corporation ;  but  such  consent  shall  not  affect 
the  right  or  remedy  to  recover  damages  for  any  injury  which 
shall  be  caused  to  persons  or  property  by  the  doings  of  such 
corporations.    They  shall  put  all  such  streets,  lanes  and  high- 
ways, which  are  opened,  into  as  good  repair  as  they  were  in 
when  opened ;  and  upon  failure  so  to  do  within  a  reasonable 
time  shall  be  deemed  guilty  of  a  nuisance. 

Section  57.    The  mayor  and  aldermen  or  selectmen  of  a  — toberegu- 
i.i.,.  -I       .  c  ^  !.•  lated  and  con- 

place  in  which  pipes  or  conductors  oi  such  a  corporation  are  troiied  by 
sunk,  may  regulate,  restrict  and  control  all  acts  and  doings  selectmen,  &c. 
of  such  corporation  which   may  in  any  manner  affect  the 
health,  safety,  convenience  or  property  of  the  inhabitants  of 
such  place. 

Section  58.     Any  manufacturing,  machine,  or  other  com-  other  com- 
pany, having  its  place  of  business  in  any  place  into  which  it  hoid^gars^tock 
is  proposed  to  introduce  the  manufacture  of  gas  for  light,  may 


168 


1870.— Chapter  224. 


Fees  to  be  paid 
to  the  secretary 
of  the  Common- 
wealth. 


Penalties  for 
omitting  to  file 
certificates. 


Penalty  for  re- 
fusing to  give 
certificate,  or 
gjiving  false  cer- 
tificate. 


Deputy  tax- 
commissioner 
to  be  commis- 
sioner of  corpo- 
rations ; 


— to  notify  at- 
torney-general 
of  delinquents. 


hold  not  exceeding  ten  per  cent,  of  the  stock  in  such  gas-light 
company. 

Section  59.  The  fees  to  be  paid  for  filing  and  recording 
the  various  certificates  required  by  this  act  to  be  filed  with 
the  secretary  of  the  Commonwealth,  shall  be  as  follows : 

For  filing  and  recording  the  certificates  by  sections  eleven 
and  twelve,  including  the  issuing  the  certificate  of  organiza- 
tion by  the  secretary  of  the  Commonwealth,  one-twentieth  of 
one  per  cent,  of  the  amount  of  the  capital  stock  as  fixed  by 
the  agreement  of  the  association. 

For  filing  and  recording  the  certificate  required  by  section 
thirty-three,  the  sum  of  five  dollars. 

For  filing  and  recording  any  other  certificate  required  by 
the  provisions  of  this  act,  the  sum  of  one  dollar. 

For  official  copies  of  any  of  the  records  mentioned  in  this 
act,  the  rates  now  fixed  by  law  for  copies  of  similar  records 
furnished  by  the  secretary  of  the  Commonwealth. 

All  moneys  received  under  this  act  by  the  secretary  shall 
be  included  in  his  quarterly  returns  of  fees,  and  be  paid  into 
the  treasury. 

Section  60.  Every  corporation  which  shall  omit  to  cause 
to  be  filed  the  certificates  or  returns  required  by  sections 
thirty-three,  thirty-four  and  thirty-five  of  this  act,  shall  for- 
feit therefor  the  sum  of  two  hundred  dollars,  to  be  recovered 
by  action  of  tort,  to  the  use  of  the  Commonwealth,  which 
action  may  be  brought  in  the  county  of  Suffolk,  or  in  the 
county  in  which  the  corporation  is  established ;  and  the  pres- 
ident, treasurer  and  directors  for  the  time  being  shall  in  ad- 
dition be  jointly  liable  in  a  like  sum  for  such  omission  or 
neglect,  and  such  corporation  shall  also  be  enjoined  from 
the  transaction  of  any  corporate  business,  upon  information 
brought  in  the  name  of  the  Commonwealth  at  the  relation  of 
the  commissioner  of  corporations,  during  the  continuance  of 
such  neglect. 

If  any  officer  unreasonably  refuses  to  give  the  certificate 
mentioned  in  section  forty-one  of  this  act,  or  wilfully  gives  a 
false  certificate,  he  shall  be  liable  for  double  the  amount  of 
all  damages  occasioned  by  such  refusal  or  false  certificate,  to 
be  recovered  in  an  action  of  tort. 

Section  61.  The  deputy  tax-commissioner  shall  be  com- 
missioner of  corporations.  He  shall  be  sworn  to  the  faithful 
discharge  of  his  duties.  He  shall  examine  the  certificates 
submitted  to  him  under  the  provisions  of  this  act,  and  make 
suitable  indorsements  upon  such  as  comply  with  the  require- 
ments of  law.  He  shall  bring  instances  of  neglect  of,  or 
omission  to  comply  with  the  provisions  of  this  act  on  the  part 


1870.— Chapter  224.  169 

of  corporations  to  the  knowledge  of  the  attorney-general  for 
the  enforcement  of  the  penalties  therefor.  He  shall  keep  a 
record  of  the  names  of  corporations  submitting  certificates 
to  his  inspection  as  required  by  this  act,  with  the  date  of  in- 
spection and  of  his  certificates  when  given  and  the  result  in 
brief  of  his  inspection.  He  shall  have  a  salary  of  five  hun-  salary. 
dred  dollars  a  year  in  addition  to  his  salary  as  deputy  tax- 
commissioner,  and  shall  not  charge  or  receive  any  fees  for 
the  performance  of  his  duties. 

Section  62.     The  secretary  of  the   Commonwealth  shall  ^gcatefto^^bT' 
annually  prepare,   cause   to  be  printed,   and   on   the  first  submitted  an- 
Wednesday  of  January  submit  to  the  legislature,  a  true  ab-  legislature,  by 
stract  from  the  certificates  required  by  this  chapter  to  be  de-  secretary, 
posited  with  him. 

Section  63.     Every   corporation   established  within   this  special  charter, 

1  •11  1  1  i'iTfT-ii      corporations  to 

state  by  special  charter  between  the  twenty- third  day  oi  J^eb-  advertise  where 
ruary,  in  the  year  one  tliousand  eight  hundred  and  thirty,  TtedLd^^  "'^" 
and  the  twenty-ninth  day  of  June,  in  the  year  eighteen  hun-  ^Xts!^'"^ 
dred  and  fifty-seven,  for  the  purpose  of  carrying  on  any 
kind  of  manufacture,  and  corporations  which  have  been  char- 
tered subject  to  the  provisions  of  chapter  thirty-eight  of  the 
Revised  Statutes,  shall  give  notice  annually  in  some  news- 
paper, printed  in  the  county  where  the  works  of  the  company 
are  established,  and  if  there  is  no  such  paper,  then  in  some 
newspaper  in  an  adjoining  county,  of  the  amount  of  all  as- 
sessments voted  by  the  company  and  actually  paid  in,  and 
the  amount  of  all  existing  debts,  which  notice  shall  be  signed 
by  the  president  and  a  majority  of  the  directors  ;  and  if  any 
such  company  fails  so  to  do,  all  its  stockholders  shall  be 
jointly  and  severally  liable  for  all  the  debts  of  the  company 
then  existing,  and  for  all  contracted  before  such  notice  is 
given. 

Section  64.     All  manufacturing  companies,  incorporated  certain  manu- 
before  the  twenty-third  day  of  February,  in   the   year  one  p^anles  entitled 
thousand  eight  hundred  and  thirty,  which  prior  to  the  pas-  g°,i5jfcYto*iia- 
sage  of  the  Revised  Statutes  in   pursuance  of  chapter  fifty-  biiities. 
three  of  the  statutes  of  the  year  one  thousand  eight  hundred 
and  twenty-nine,  have  voted  to  adopt  the  provisions  contained 
in  said  last  mentioned  statute,  and  which  have  performed  all 
things   prescribed   in   chapter   thirty-eight   of  the    Revised 
Statutes,  shall,  together  with  their  respective  members  and 
officers,  be  entitled  to  all  the  rights,  privileges  and,  immuni- 
ties, and  be  subject  to  all  the  liabilities  to  which  they  may  be 
entitled  or  subject  by  the  laws  iu  force  at  the  time  when  this 
act  shall  take  effect. 

22 


170 


1870.— Chapter  224. 


holders *are  not  SECTION  65.  If  any  sucli  companj,  at  a  legal  meeting 
liable  for  debts  Called  foF  the  purposc,  lias  adopted  the  provisions  of  chapter 
caus^*herem  tliirtv-cight  of  the  Rcviscd  Statutes,  or  of  chapter  sixty  of 
provided,  |^|^q  General  Statutes,  or  shall  adopt  the  provisions  contained 

in  this  chapter,  and  shall  have  caused  to  be  recorded  in  the 
registry  of  deeds  in  the  county  or  district  where  such  corpora- 
tion is  established,  a  certificate  signed  by  the  president,  treas- 
urer, clerk  and  a  majority  of  the  directors,  stating  the  amount 
of  capital  actually  paid  in,  and  if  any  part  thereof  has  been 
divided  or  withdrawn,  the  amount  so  divided  and  withdrawn  ; 
stating  also  the  amount  of  the  debts  and  credits,  and  an  esti- 
mate of  the  value  of  the  real  and  personal  estate  of  said  corpo- 
ration for  the  purpose  of  carrying  on  the  business  thereof,  at 
the  time  of  making  such  certificate  ;  and  if  such  officers 
have  made  oath  that  they  have  carefully  examined  the  records 
and  accounts  of  said  corporation,  and  faithfully  estimated 
the  value  of  the  property  and  funds  thereof,  and  that  said 
certificate  by  them  signed  is  true  according  to  their  best 
knowledge  and  belief;  then  no  stockholder  in  such  company 
shall  be  liable  for  any  debts  of  the  company  contracted  after 
the  recording  of  such  certificate,  except  for  the  causes  and  in 
the  manner  herein  before  provided. 

Section  66.  If  doubts  arise  whether  the  organization  is 
legal  of  any  corporation  intended  to  be  organized  under  the 
provisions  of  chapter  sixty-one  of  the  General  Statutes,  or  of 
any  general  or  special  act  conferring  upon  corporations  or- 
ganized under  its  provisions  the  rights  conferred  by  said 
chapter  sixty-one  of  the  General  Statutes  upon  corporations 
organized  under  the  provisions  of  said  chapter,  the  stock- 
holders, at  a  special  meeting  called  for  the  purpose  in  the 
manner  provided  in  section  nine  of  this  act,  may  by  vote,  con- 
firm such  organization  and  all  proceedings  under  it,  and  by 
so  doing  and  depositing  and  filing  the  same  in  the  office  of 
the  secretary  of  the  Commonwealth,  such  corporation  and 
the  subsequent  acts  of  the  company  shall  be  held  legal  and 
valid  as  if  the  original  organization  had  been  legal. 

Section  67.  The  charters  of  corporations  established  sub- 
ject to  the  provisions  of  chapter  thirty-eight  of  the  Revised 
Statutes,  or  of  chapters  sixty  and  sixty-one  of  the  General- 
Statutes,  or  of  this  chapter,  and  of  the  corporations  men- 
tioned in  sections  sixty-four  and  sixty-five,  may  be  revoked 
by  the  legislature  for  any  cause  which  they  deem  sufficient. 

Section  68.  The  provisions  contained  in  this  chapter  may 
be  amended  or  repealed  at  the  pleasure  of  the  legislature,  so 
as  to  affect  existing  corporations,  and  the  legislature  may,  by 
special  acts,  annul  or  dissolve  any  such  corporation. 


Organizations 
heretofore 
made  may  be 
confirmed  by 
stockholders, 
if  legality  is 
doubted. 


Charters  may 
be  revoked  by 
legislature. 


Amendment 
and  repeal. 


1870.— Chapter  225.  171 

Section  69.  Chapters  sixty  and  sixty-one  of  the  General  Repeal. 
Statutes  ;  chapters  one  hundred  and  eighty-two,  two  hundred 
and  ten,  and  two  hundred  and  eighteen  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-two  ;  section  two  of  chap- 
ter two  hundred  and  thirty-one,  and  chapter  two  hundred 
and  forty-six  of  the  acts  of  the  year  eighteen  hundred  and 
sixty- three  ;  chapter  two  hundred  and  nineteen  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-four ;  chapter  seven- 
ty-six of  the  year  eighteen  hundred  and  sixty-five  ;  sections 
one  and  two  of  chapter  one  hundred  and  eighty-seven,  and 
chapter  two  hundred  and  ninety  of  the  acts  of  the  year  eigh- 
teen hundred  and  sixty-six  ;  and  chapters  thirty-six,  one  hun- 
dred and  thirty-one,  and  two  hundred  and  sixty-four  of  the 
year  eighteen  hundred  and  sixty-seven,  are  hereby  repealed, 
but  this  repeal  shall  not  impair  any  right  already  acquired 
or  liability  incurred  under  existing  laws. 

Approved  May  9,  1870. 

An   Act    concerning    the    preservation   of    public    burying  CllCl'P'  225 

GROUNDS.  "' 

Be  it  enacted,  Sfc,  as  follows : 

Section  1.     Any  person  holding,  occupying,  or  interested  Person  holding 
in  any  lot  in  the  public  burying  grounds  in  any  city  or  town  jrc^^bloing'"^" 
in  this  Commonwealth,  may  deposit  with  the  treasurer  of  any  ^osu"mThun- 
such  city  or  town  any  sum  of  money,  not  exceeding  five  hun-  dred  dollars 
dred  dollars,  which  sum  thus  deposited,  shall  be  entered  up-  treasurer; 
on  the  books  of  the  treasury,  and  held  in  accordance  with 
the  provisions  of  the  ordinances  or  by-laws  of  such  city  or 
town,  in  relation  to  the  interment  of  the  dead. 

Section  2.     The  purpose  for  which  such  deposit  may  be  —for  preserva- 
made,  shall  be  to  provide  for  the  care,  keeping  and  preserva-  trees,*'&c.^'^*^^^' 
tion  of  the  fences,  trees,  shrubbery,  monuments,  tombs  and 
other  appendages  of  the  lot  of  such  person. 

Section  3.     Any  city  or  town  may  receive  money  for  the  Towns  may  re- 
purpose  aforesaid,  and  allow  interest  for  the  same  at  a  rate  and  aiiowfnter- 
not  exceeding  six  per  centum,  per  annum  ;  and  may  estab-  gg^^**  *^  p^' 
lish  any  by-laws  or  ordinances  not  repugnant  to  the  laws  of 
this  .Commonwealth,  as  may  be  necessary  for  the  purposes  of 
this  act. 

Section  4.     This  act  shall  be  subject  to  amendment,  alter-  subject  to 
ation  or  repeal,  at  the  pleasure  of  the  legislature.  repeal. 

Approved  May  9,  1870. 


172  1870.— Chapters  226,  227,  228,  229. 

Chan  226  -^^  -^^^  relating  to  savings  banks  and  institutions  for  sav- 

i^'  INGS   HOLDING   REAL    ESTATE. 

Be  it  enacted,  Sfc,  as  follows : 
savinp  banks  SECTION  1.  Any  savings  bank  or  institution  for  savings 
™tateforba^k-  incorporated  in  this  state,  or  that  may  be  incorporated,  shall 
ix^eetog'  ten  havc  authority  to  hold  real  estate  to  an  amount  not  exceed- 
per  cent,  of  de-  jj^g  ^q,^  pep  cent,  of  its  deposits,  and  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 
arising  from  such  real  estate  shall  be  devoted  exclusively  to 
Proviso.  the  interests  of  said  corporation  :  provided,  that  no  savings 

bank  or  institution  for  savings  shall  hold  real  estate  to  an 
amount  exceeding  two  hundred  thousand  dollars  in  value. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  9,  1870. 

Chap.  227   -^^   •^^'^   ^^   relation   to   prosecutions   for    FINES    AND   FORFEIT- 
■*   *  URES   IN    CITIES. 

Be  it  enacted,  Sfc,  as  follows : 

Ainendment  to      SECTION  1.     Scction   fifteen   of  chapter  nineteen   of  the 
'  '    '      '     General  Statutes  is  hereby  amended  by  striking  out  the  word 
"  principal." 

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

Approved  May  9,  1870. 

Chat)    228   -^   -^^^   ^^   addition   to   an   act   RELATING   TO    DRAINAGE    IN   THE 
*   *  TOWNS    OF    MALDEN   AND   MELROSE. 

Be  it  enacted,  Sfc,  as  follows  : 
Time  extended  SECTION  1.  The  time  witliiu  which  the  towns  of  Maiden 
and  Melrose  may  approve  the  act  relating  to  drainage  in  said 
towns,  being  chapter  three  hundred  and  seventy-eight  of  the 
acts  of  eighteen  hundred  and  sixty-nine,  is  hereby  extended 
one  year. 

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

Approved  May  9,  1870. 


for  one  year. 


Chap.  229 


An  Act  to  amend  the  charter  of  the  city  of  Cambridge. 

Be  it  enacted,  Sfc.,  as  follows : 
Treasurer  to  be      SECTION  1.     The  city  treasurer  of  the  city  of  Cambridge 
taxis.'*""  °^      shall  be  the  collector  of  taxes  within  and  for  said  city. 
Repeal.  SECTION  2.     All  acts  and  parts  of  acts  establishing  the  of- 

fice of  collector  of  taxes,  and  providing  for  the  election  of 
such  officer  in  the  city  of  Cambridge,  are  hereby  repealed. 
Section  3.    This  act  shall  take  effect  from  its  passage. 

Approved  May  9,1870. 


1870.--CHAPTERS  230,  231,  232.  173 

An  Act  to  confirm  a  vote  of  the  town  of  Leominster.  Chap.  230 

Be  it  enacted,  ^-c,  as  follows  : 

Section  1.    The  vote  passed  by  the  town  of  Leominster  at  vote  conflrmed 

,     1  T  1        r'  1      1  /i    i        •!     •        1  •    1       and  made  valid. 

a  meetnig  held  on  the  fourth  day  oi  April,  in  the  year  eigh- 
teen hundred  and  seventy,  under  the  seventeenth  article  of 
the  warrant  for  said  meeting,  is  hereby  confirmed  and  made 
valid  and  binding  in  law,  and  said  town  is  authorized  to  raise 
money  by  taxation  or  otherwise,  to  pay  the  claims  referred  to 
in  said  vote. 

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

Approved  May  9,  1870. 
An  Act  to  change  the  location  of  Florida  bridge  and  provide  QJidp^  231 

FOR  BUILDING  AND  MAINTAINING  THE  SAME.  "' 

Be  it  enacted,  ifc,  as  follows  : 

Section  1.     The  county  commissioners  of  the  counties  of  commissioners 
Berkshire  and  Franklin,  are  hereby  authorized  and  required  cation  of  Fiori- 
to  change  the  location  of  the  bridge  known  as  Florida  Bridge,  rfeertiefdiuver! 
across  the  Deerfield  River,  between  the  l!bwn  of  Florida  on 
the  west  side  of  said  river,  and  the  towns  of  Charlemont  and 
Rowe,  on  the  east  side  thereof,  to  a  point  about  forty  rods 
down  said  river ;  and  the  expense  of  building  and  maintain-  Expense  of 
ing  said  bi'idge  at  its  new  location  shall  be  paid  one-half  by  nmintafning. 
the  said  town  of  Florida,  one-fourth  by  said  town  of  Charle- 
mont, and  one- fourth  by  said  town  of  Rowe,  and  the  liability  Liability  for 
of  said  towns  respectively  to  all  penalties  and  for  all  dam-  damages. 
ages  for  any  neglect  in  keeping  said  bridge  safe  and  convenient 
for  travel  shall  continue  to  be  the  same  after  the  building  of 
said  bridge  in  the  new  location  as  they  were  in  its  former 
location. 

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

Approved  May  9,  1870. 
An  Act  to  increase  the  guarantee  capital  of  the   traders  (JJkiv)^  232 

AND    mechanics   INSURANCE     COMPANY,   AND    TO   AUTHORIZE    SAID  ^' 

COMPANY   TO    HOLD   REAL    ESTATE. 

Be  it  enacted.,  ^c,  as  follows  : 

Section  1.    The  Traders  and  Mechanics  Insurance  Com-  $50,000  addi- 
pany,  in  Lowell,  is  hereby  authorized  to  increase  its  guarantee  tee'ckpftaL^"' 
capital,  by  an  addition  thereto  of  the  sum  of  fifty  thousand 
dollars,  to  be  divided  into  shares  of  one  hundred  dollars  each  : 
provided,  the  same  shall  be  paid  in  within  two  years  from  the 
passage  of  this  act. 

Section  2.   Said  company  may  hold  real  estate  for  the  con-  Real  estate  not 
venient  transaction  of  its  business,  to  an  amount  not  exceed-  $50,^)0!"^ 
ing  fifty  thousand  dollars. 

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

Approved  May  9,  1870. 


174  1870.— Chapter  233. 

Chan  233  ^^    ^^^   ^^    incorporate    the    Worcester    and    Shrewsbury 
"  street  railway  company. 

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

Corporators.  SECTION  1.     Lemuel  B.  Hapgood,  Nathan  Stone,  Jesse  J. 

Coburn,  their  associates  and  successors,  are  hereby  made  a 

Name.  Corporation  by  the  name  of  the  Worcester  and  Shrewsbury 

Powers  and  du-  Street  Railway  Company  ;  with  all  the  powers  and  privileges, 
and  subject  to  all  the  duties,  liabilities  and  restrictions  set 
forth  in  all  general  laws  which  now  are  or  hereafter  may  be 
in  force  relative  to  street  railway  corporations. 

May  locate,  &c.,      SECTION  2.     Said  Corporation  is  hereby  authorized  to  locate, 

street     railway  ii*,-  S  .  ,       \         •^ 

in  Worcester,  coustruct,  maintain  and  operate  a  street  railway,  commenc- 
ing at  a  point  on  Main  street  in  "Worcester,  so  as  to  connect 
witli  the  Worcester  street  railway  track  ;  thence  easterly  over 
and  upon  Central  street,  the  highway  and  private  lands  to 
the  east  end  of  the  causeway  at  Quinsigamond  lake  ;  and 
thence*in  Shrewsbury,  over  and  upon  the  highway  and  private 
lands  to  some  couivenient  point  near  Nelson  and  Rice's  shop ; 
and  said  company  may  use  a  dummy  engine  on  its  track  as 
far  as  the  east  end  of  Central  street  in  Worcester. 
Land  damages.  SECTION  3.  If  said  Corporation  shall  locate  its  track  over 
and  upon  any  private  lands,  under  the  provisions  of  the  sec- 
ond section  of  this  act,  all  damages  occasioned  thereby,  and 
claimed  by  any  party,  may  be  determined  and  recovered  in 
the  same  manner  as  is  now  provided  by  law  in  case  of  lands 
taken  for  highways. 
Shrewsbury  SECTION  4.     The  towu  of  Shrewsbury  is  hereby  authorized, 

™oTexcleding  whcu  SO  voting  by  ballot  and  using  the  check-list,  at  a  legal 
hirfpe°r*^centof  meeting  duly  called  for  the  purpose,  to  subscribe  for  and 
town  valuation,  jjold  sharcs  of  the  capital  stock,  or  the  securities  of  said  cor- 
poration, to  an  amount  not  exceeding  two  and  one-half  per 
centum  of  the  valuation  of  said  town  for  the  year  eighteen 
hundred  and  sixty-nine.  And  said  town  may  pay  for  such 
shares  or  securities,  so  voted  to  be  taken,  out  of  its  treasury, 
and  may  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 ;  and  the  selectmen  of  said  town,  or  any  agent  spe- 
cially chosen  for  the  purpose,  shall  have  authority  to  subscribe 
for  the  shares  or  securities  voted  to  be  taken  as  aforesaid, 
and  to  represent  said  town  at  any  and  all  meetings  of  said 
corporation. 
Capital  stock.  SECTION  5.  The  capital  stock  of  said  corporation  shall  not 
exceed  the  sum  of  seventy-five  thousand  dollars. 

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

Approved  May  9,  1870. 


1870.— Chapters  234,  235,  236,  237.  175 

An  Act  to  change  the  name  of  the  south  parish  in  natick.  QJkh)^  234 
Be  it  enacted,  ^'c,  as  follows  : 

Section  1.     The  name  of  the  South  Parish  in  Natick,  a  Name  changed 

,,,.,,,         ,         ,  .  „    ,  „   ,        to  First  Unita- 

corporation  establisnea  by  chapter  ninety-two  oi  the  acts  oi  the  rian  Parish  m 
year  eiohteen  hundred  and  twenty-eight,  is  hereby  changed  ^*'^**'''' 
to  the  First  Unitarian  Parish  in  Natick. 

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

Approved  May  9,  1870. 


Chap,  235 


An  Act  to  authorize  the  east  boston  dry  dock  company  to 

extend  their  wharf  in  east  boston. 
Be  it  enacted,  ^'c,  as  follows  : 

Section  1.     License  is  hereby  given  to  the  East  Boston  May  extend 
Dry  Dock  Company  to  extend  one  of  their  northerly  wharves  more  than  one 
or  piers,  not  more  than  one  hundred  feet,  towards  the  com-  ^"•^^r^'^  ^^^t. 
missioner's  line,  as  established  in  front  of  the  property  of  said 
company   in   East   Boston  :  provided,  that   all  things   done  subject  to  con- 
under  this  act  shall  be  subject  to  the  determination  of  the  co^ssioners!" 
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, further,  that  this  license  may  be  revoked  at  any  time, 
and  shall  expire  at  the  end  of  five  years  from  its  taking  effect, 
except  so  far  as  valuable  structures  may  have  been  actually 
and  in  good  faith  built  under  the  same. 

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

*       Approved  May  9,  1870. 


An  Act  in  addition  to  an  act  to  incorporate  the  new  bed 
ford  orphan's  home. 


Chaj).  236 

Be  it  enacted,  Sfc,  as  follows : 

Section  1.     Section  two  of  chapter  eight  of  the  acts  of  the  $100,000  in  real 
year  eighteen  hundred  and  forty-three  is  hereby  amended  so  e^tat^e^"^*^ 
that  said  corporation  mjiy  hold,  for  the  purposes  mentioned 
in  said  act,  real  and  personal  estate  to  an  amount  not  exceed- 
ing one  hundred  thousand  dollars. 

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

Approved  May  9,  1870. 

An  Act  to  make  the  chicopee  bridge  free.  Chon   2*^7 

Be  it  enacted,  §'c.,  as  follows ; 

Section  1.     The  bridge  over  the  Connecticut  River,  be- Bridge  between 
tween  the  towns  of  Chicopee  and  West  Springfield,  including  wes^^spri^nV 
the  piers  and  abutments  thereof,  is  hereby  laid  out  and  shall  puburmghway. 
become  a  public  highway,  when  a  bridge  shall  be  constructed 
over  the  Connecticut  River  between  the  towns  of  Holyoke 


176  1870.— Chapter  237. 

and  South  Hadley,  and  opened  as  a  public  highway,  upon 
the  acceptance  of  the  award  of  the  commissioners  hereinafter 
named,  by  the  supreme  judicial  court  and  entry  of  judgment 
thereon. 
Commissioners       SECTION  2.     The   suprcmc  judicial   court  sitting  in  any 
to  a^ssTs8°dam-  county,  or  any  justice  thereof,  after  such  notice  as  they  may 
ages;  order,  upon  the  application  of  the  Cabot  and  West  Spring- 

field Bridge  Company,  or  of  ten  legal  voters  of  the  town  of 
Chicopee  or  West  Springfield,  shall  appoint  a  board  of  three 
commissioners ;  and  said  commissioners,  having  first  been  duly 
sworn  to  the  faithful  and  impartial  discharge  of  their  duties, 
shall  after  due  notice  to  all  the  parties  interested,  and  a  hear- 
ing, determine  and  award  the  amount  to  be  paid  the  said  Cabot 
and  West  Springfield  Bridge  Company  as  damages  for  the 
laying  out  of  said  bridge,  piers  and  abutments,  and  way,  as 
a  public  highway  ;  and  for  the  land,  toll-house  and  all  appur- 
tenances thereof,  lying  east  of  said  bridge,  belonging  to  said 
bridge  company.  Said  commissioners  shall  also  determine 
and  decree  what  cities  and  towns  in  the  county  of  Hampden 
are  or  will  be  specially  benefited  by  the  provisions  of  the  first 
section  of  this  act,  and  shall  determine  and  decree  what  pro- 
portions of  the  damages  aforesaid  shall  be  paid  by  the  said 
cities  and  towns,  and  by  the  county  of  Hampden  respect- 
ively, 
—to  determine  Said  commissioucrs  shall  also  determine  in  what  propor- 
Sailftenance  of  tions  and  manner  the  said  county  of  Hampden,  and  the  cities 
bridge.  ^^^^^  towus  benefited  as  aforesaid,  shall  defray  the  expenses  of 

the  maintenance  and  repairs  of  said  bridge,  abutments,  piers 
and  way  and  all  other  expenses  properly  incurred  under  the 
provisions  of  this  act.  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  for  the  county  of 
Hampden,  and  also  to  said  bridge  company,  and  to  each  of 
said  cities  and  towns,  and  to  the  county  commissioners  of 
Hampden  County.  And  the  same  Sliall  be  binding  upon  all 
the  parties  interested  therein,  except  that  the  said  bridge 
company  may  appeal  to  a  jury  from  the  award  of  the  com- 
missioners. And  if  the  said  company  shall  not  appeal  to  a 
jury  within  sixty  days  after  receiving  the  award  and  decree 
of  said  commissioners  as  aforesaid,  then  the  same  shall  be  ab- 
Fees  and  ex-  solutcly  binding  upou  all  the  parties  interested  therein.  When 
penses.  ^j-^^  same  shall  have  been  accepted   and  judgment  entered 

thereon  by  the  supreme  judicial  court,  the  just  fees  and  ex- 
penses of  said  commissioners  shall  be  paid  by  such  of  the 
parties  interested  as  the  said  commissioners  shall  decree. 


1870.— Chapter  238.  1T7 

Section  3.     If  the  said  bridge  company  shall  appeal  to  a  ^^l^^\^l^'^^. 
jury  from  the  award  of  the  said  commissioners  as  aforesaid,  missioners. 
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  ap- 
plication for  such  jury  shall  be  made  to  and  acted  upon  by  the 
county  commissioners  of  Hampden  county,  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  judi-  Award  of  jury 
cial  court,  for  the  county  of  Hampden,  and  when  accepted,  cepted"by  fu- 
final  judgment  shall  be  entered  upon  tlie  award  of  the  com-  p^^™^  judicial 
missioners  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,  when  the  damages  awarded  by  the  jury  shall  exceed 
those  awarded  by  the  commissioners. 

Section  4.     Upon  the  said  bridge,  piers,  abutments  and  |f^^fg^^'^g"g,^| 
way  becoming  a  highway  as  aforesaid,  the  selectmen  of  the  west  spring- 
towns  of  Chicopee  and  West  Springfield  shall  have  the  care  intend°bridge 
and  superintendence  of  the  same,  and  cause  them  to  be  kept  plJIrg*^''^'^'' '■*^' 
in  good  repair,  and  safe  and  convenient  for  travel;  the  cost  payment  for 
of  the  repairs,  care  and  superintendence  of  said  bridge,  its  '^^^^'■'^• 
abutments  and  piers,  shall  be  borne  by  such  parties  as  the 
board   of  commissioners  shall   determine,   under   authority 
herein  before  granted. 

Section  5.     Liability  for  defects  in  the  bridge,  its  abut- liability  for  de- 
ments and  piers,  shall  exist  on  the  part  of  the  towns  of  Chico-  ^^  ^  '"^  "  ^^' 
pee  and  West  Springfield,  in  such  proportions  as  the  county 
commissioners  of  the  county  of  Hampden  shall  determine. 

Section  6.     Upon  the  bridge  becoming  a  public  highway  Toii-house, 
as  herein  provided,  the  fee  simple  in  the  toll-house,  land  and  vested  in  town 
appurtenances  thereof,  belonging  to  the  aforesaid  bridge  com-  of  ciucopee. 
pany,  lying  east  of  said  bridge,  shall  be  vested  in  the  town  of 
Chicopee,  the  income  of  which  shall  be  used  in  repairs  and 
superintendence  of  said  bridge. 

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

Approved  May  9,  1870. 
An  Act  to  provide  for  the  purchase  of  land  and  the  erec-  f^h^-f^   9*^8 

TION   OF   A   STATE   LUNATIC    HOSPITAL   IN   PLACE    OF    THE   PRESENT  J  ' 

state   lunatic    HOSPITAL   AT   WORCESTER. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     The  trustees  of  the   state  lunatic  hospital  at  Trustees  may 
Worcester,  are  hereby  authorized  and   empowered  to   take  chase  ran^d"'and 
and  hold  by  purchase,  or  otherwise,  in  the  city  of  Worcester,  fornlw hospital 
suitable  real  estate  for  a  site  for  a  new  lunatic  hospital  in  that  ^"^  Worcester. 

23 


178  1870.— Chapter  238. 

city,  and  to  erect  thereon  suitable  buildings,  sufficient  to  ac- 
commodate four  hundred  lunatic  patients,  with  a   superin- 
tendent, steward,  assistant  physicians,  and  their  several  fami- 
lies, and  all  necessary  subordinate  officers  and  attendants. 
The  said  trustees  shall  have  power  to  make  all  contracts  and 
employ  all  agents  necessary  to  carry  into  effect  the  powers 
Whole  expense  herein  Conferred  :  provided,  hoivever,  that  the  whole  amount 
$575,000.  ^       to  be  expended  for  the  purposes  aforesaid,  shall  not  exceed 
the  sum  of  five  hundred  and  seventy-five  thousand  dollars. 
The  said  trustees  shall  present  all  their  accounts  to  the  audi- 
tor for  examination  and  approval. 
$100,000  appro-      SECTION  2.     To  mcct  the  payments  for  such  land  as  may 
chale*^  land  and  be  purchascd  or  takcu  under  the  provisions  of  the  preceding 
tfonTf"buM-'^  section,  and  for  improving  the  same  and  commencing  the 
ings.        .       erection  of  the  new  hospital  buildings  thereon,  a  sum  not  ex- 
ceeding one  hundred  thousand  dollars  shall  be  allowed  and 
paid  out  of  the  treasury  of  the  Commonwealth,  which  sum 
shall  be  repaid  from  the  proceeds  of  the  sales  of  land,  con- 
nected with  the  present  hospital,  to  be  made  by  the  said  trus- 
tees as  hereinafter  provided. 
Liability  for  SECTION  3.     Said  trustccs  shall  be  liable  to  pay  all  dam- 

amagea.  ^^^^  sustained  by  any  persons,  in  their  property,  by  the  taking 

of  any  real  estate  for  the  purpose  aforesaid.     If  any  person 
who  shall  sustain  damage,  as  aforesaid,  cannot  agree  with 
said  trustees  upon  the  amount  of  said  damages,  he  may  have 
them  assessed  and  paid  in  the  same  manner  as  is  provided  by 
law  with  respect  to  land  taken  for  highways. 
Trustees  may        SECTION  4.     Said  trustccs  are  hereby  authorized  and  em- 
now^owned^by  powcrcd,  from  time  to  time,  to  sell  and  convey  in  fee  simple 
state.  gjj  ^i^g  j,g^l  estate  of  every  description  now  owned  by  the 

Commonwealth  in  connection  with  the  lunatic  hospital  at 
Worcester,  in  such  parcels,  for  such  prices,  on  such  terms  and 
conditions  of  payment,  and  with  such  covenants  of  title,  on  the 
part  of  the  Commonwealth,  as  they  may  deem  proper.  All 
deeds  of  conveyance  of  said  real  estate  shall  be  signed  by  not 
Proceeds  of      less  than  threc-fourths  of  the  trustees  ;  and  all  moneys,  notes, 

sales  to  be  paid  .  ^  -i-ii  j         c  j.\  i  c        -j 

into  state  treas- mortgages  aiid  securities,  the  proceeds  oi  the  sales  oi  said 
^^-  real  estate,  shall  be  paid  over  and  delivered  to  the  treasurer 

of  the  Commonwealth,  who  shall  keep  a  separate  account  of 
the  same  ;  and  from  the  fund  thereby  created  the  treasurer 
shall,  from  time  to  time,  pay  such  bills  as  may  be  contracted 
by  the  trustees  and  approved  by  the  auditor  of  accounts,  iu 
the  purchase  of  lands  for  the  site  of  a  new  lunatic  hospital 
and  in  the  erection  of  hospital  buildings,  and  in  furnishing 
the  same. 

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

Approved  May  9,  1870. 


legalized. 


1870.— Chapters  239,  240.  179 

An  Act  to  confirm  and  mark  valid  the  organization  of  the  QJidj)  239 

TRUSTEES     OF    THE     METHODIST     EPISCOPAL    CHURCH   AT    GRANITE-  ^' 

VILLE. 

Be  it  enacted.,  ^'c,  as  folloios : 

Section  1.  The  organization  of  the  Trustees  of  the  Meth-  organization 
odist  Episcopal  Church  at  Graniteville,  in  the  town  of  West- 
ford,  to  wit :  Charles  G.  Sargent,  J.  K.  Proctor,  Cyrus 
Hosmer,  Samuel  Fletcher,  Arthur  Wright,  Lyman  A.  Smith 
and  William  Reed,  as  a  corporation  which  was  effected  on  the 
thirteenth  day  of  August,  in  the  year  one  thousand  eight 
hundred  and  sixty-nine,  under  the  general  laws,  and  all  gifts, 
devises,  bequests  and  conveyances  to  them  as  a  corporation, 
of  real  or  personal  estate,  and  all  contracts  made  by,  and 
subsequent  proceedings  of  said  trustees  as  a  corporation,  are 
hereby  ratified  and  confirmed,  and  the  same  shall  be  taken 
to  be  good  and  valid  in  law  to  all  intents  and  purposes  what- 
soever, and  the  several  persons  now  appearing  by  the  records 
of  said  corporation  to  have  been  chosen  as  officers  thereof, 
are  hereby  authorized  to  perform  all  their  respective  official 
duties  until  their  successors  shall  be  chosen  and  qualified ; 
and  all  acts  done  and  performed  by  said  officers  in  their  sup- 
posed official  capacities  as  officers  of  said  corporation,  are 
hereby  fully  ratified,  confirmed  and  made  valid  in  law  to  all 
intents  and  purposes  whatsoever. 

Section  2.  Said  corporation  shall  hereafter  be  known  as 
The  Trustees  of  the  Methodist  Episcopal  Church  at  Granite- 
ville. '  Approved  May  9, 1870. 


Chap.  240 


An  Act  to  incorporate  the  pocumtuck  valley  memorial  as- 
sociation, IN  DEERFIELD. 
Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     George  Sheldon,  Robert  Crawford,  Nathaniel  corporators. 
Hitchcock,  their  associates  and  successors,  are  hereby  made 
a  corporation  by  the  name  of  the  Pocumtuck  A^alley  Memo- 
rial Association  ;  to  be  located  in  the  town  of  Deerfield,  for  Name  and  pur- 
the  purpose  of  collecting  and  preserving  such  memorials,  ^°^^' 
books,  records,  papers  and  curiosities  as  may  tend  to  illustrate 
and  perpetuate  the  history  of  the  aborigines,  and  of  the  early 
settlers  of  that  region. 

Section  2.     The  said  corporation  may  hold  land  on  which  May  hold  land, 
to  erect  a  suitable  building ;  may  receive,  hold  and  manage,  manage  ^be- 
any devise,  bequest,  grant  or  donation,  and  may  hold  real  es-  $2o,o(w  kfreai 
tate  to  the  value  of  twenty  thousand  dollars ;  with  all  the  estate. 
powers  and  privileges,  and  subject  to  all  the  liabilities  of  the 
provisions  contained  in  the  sixty-eighth  chapter  of  the  Gen- 


180  1870.— Chapter  241. 

eral  Statutes  and  all  general  laws,  so  far  as  the  same  may  be 
applicable. 

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

Approved  May  9,  1870. 


Chap.  241 


An  Act  to  authorize  the  framingham  and  lowell  railroap 
company  to  issue  bonds,  and  authorizing  the  city  of  loweli/ 
and  certain  towns  to  subscribe  for  stock  of  said  company. 
Be  it  enacted,  ^c,  as  follows  : 
MY^is|uebond8      SECTION  1.     The  Framingham  and  Lowell  Railroad  Com- 
iuterL"  ^^'^  ^ '  pany  is  hereby  authorized  to  issue  bonds,  under  the  provisions 
of  the  general  laws,  and  bearing  interest  not  exceeding  the 
rate  of  seven  per  centum  a  year. 
City  of  Lowell      SECTION  2.      The  city  of  Lowell  and  the  several  towns 
fn  w'liic'ir  ^raii-  withiu  which  the  road  of  said  railroad  company  shall  be  lo- 
may  taki'^stock  catcd,  may  subscribe  for  and  hold  shares  of  the  capital  stock 
in  road.  qj.  ^he  sccurities  of  said  company  to  an  amount,  in  the  case 

of  the  city  of  Lowell,  not  exceeding  one  per  centum,  and  in 
the  case  of  said  towns,  not  exceeding  five  per  centum  of  the 
valuation  of  said  city  and  towns,  respectively,  for  the  year  in 
Provisos.  which  the   subscription  shall  be  made :  provided,  that  two- 

thirds  of  the  legal  voters  of  said  city  and  towns,  respectively, 
present  and  voting  by  ballot,  and  using  the  check-list,  at  a 
legal  meeting  duly  called  for  the  purpose,  shall  vote  to  sub- 
scribe for  such  shares  or  securities  :  and  provided,  also,  that 
the  total  amount  of  all  subscriptions  of  said  city  and  towns, 
respectively,  which  have  been  or  may  be  made  for  the  stock 
or  securities  of  any  railroad  corporation  or  corporations,  un- 
der authority  of  this  or  any  previous  act,  shall  not  exceed  five 
per  centum  of  the  assessed  valuation  of  said  city  and  towns 
respectively.  Said  city  and  towns  may  pay  for  such  shares 
or  securities,  so  voted  to  be  taken,  out  of  their  respective 
treasuries,  and  may  raise  by  loan  upon  bonds,  or  tax  or  oth- 
erwise, 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  city  or  town  property;  and  the  mayor  and  alder- 
men of  said  city  and  the  selectmen  of  said  towns,  respectively, 
or  any  agent  specially  chosen  for  the  purpose,  shall  have  au- 
thority to  represent  said  city  and  towns,  respectively,  at  any 
and  all  meetings  of  said  railroad  company,  and  may  vote  on 
the  whole  amount  of  the  stock  so  held,  anything  in  chapter 
sixty-three  of  the  General  Statutes  to  the  contrary  notwith- 
standing. 

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

Approved  May  9, 1870. 


1870.— Chapter  242.  181 

An  Act  in  relation  to  proceedings  for  the  forfeiture  of  ar-  Qfiffp^  242 

TICLES  seized  ON    SEARCH  AVARRANTS.  ■*   ' 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     In  all  cases  in  which  articles  which  have  been  when  articles 
seized  on  search  warrants  are  condemned  to  be  forfeited  by  search  war- 
the  judgment  of  any  trial  justice  or  police  court,  any  party  demneTto°be 
affffrieved  by  such  decree  may  appeal  therefrom  to  the  supe-  forfeited,  party 

r^  \  ,„  ,.  •'^i.        ,,  ,,  ^        aggrieved    may 

nor  court;  but  beiore  his  appeal  is  allowed  he  shall  recog-  appeal  to  supe- 

nize  to  the  Commonwealth  in  the  sum  of  two  hundred  dol-  "'*"^'*"'' ' 

lars,  with  good  and  sufficient  surety  or  sureties,  to  prosecute 

his  appeal  at  the  court  appealed  to,  and  to  pay  all  such  costs 

as  may  thereafter  arise,  in  case  final  judgment  is  rendered 

against  such  articles,  and  to  abide  the  judgment  of  the  court 

thereon  ;  and  upon  such  appeal  any  question  of  fact  shall  be 

tried  by  a  jury.     And  all  the  proceedings  in  the  superior 

court,  including  the  right  of  exception,  shall  be  conformable, 

so  far  as  may  be,  to  those  in  criminal  cases  ;  and  if  upon  the 

final  judgment  the  articles  shall  be  adjudged  forfeit,  the  same 

shall  be  disposed  of  under  the  direction  of  the  superior  court 

in  like  manner  as  the  trial  justice  or  police  court  might  have 

disposed  of  the  same  if  no  appeal  had  been  taken. 

Section  2,     In  all  cases  in  which  articles  have  been  seized  —notice  to  be 
upon  search  warrants,  before  any  decree  of  forfeiture  shall  interested  be- 
issue,  tlie  court  or  magistrate  shall  issue  a  written  notice,  forfefture^is" 
under  seal,  and  signed  by  the  clerk  of  the  court  or  by  the  i^^"^*^- 
magistrate,  setting  forth  the  substance  of  the  complaint,  com- 
manding the  persons,  if  any,  in  whose  possession  the  things 
were  found,  and  the  owner,  if  alleged,  and  all  other  persons 
claiming  any  interest  therein,  to  appear  before  said  court  or 
magistrate  at  a  time  and  place  therein  named,  to  show  cause, 
if  any  they  have,  why  the  things  seized  should  not  be  forfeited. 

Section  3.  The  notice  shall  be  served  by  any  officer  au-  service  of 
thorized  to  serve  criminal  process  upon  the  person,  if  any, 
who  is  alleged  to  be  the  owner  of  the  things  seized,  by  leav- 
ing 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  of  the  same  on  the  house  or 
building  in  which  the  things  were  seized,  if  they  were  found 
in  any  house  or  building,  otherwise  in  some  public  place  in 
the  city  or  town  where  the  things  were  seized.  The  posting 
up  of  the  notice  and  the  serving  the  same  on  the  alleged 
owner,  if  any,  shall  be  not  less  than  fourteen  days  before  the 
time  appointed  for  trial. 

Section  4.     If  at  the  time  appointed  for  trial  such  notice  Trial  may  be 
has  not  been  duly  served,  or  if  it  appears  necessary  that  any  notice^hls  not 
of  the  things  so  seized  should  be  kept  longer  for  the  purpose  ge^ed."^^ 


182  1870.— Chapters  243,  244,  245,  246. 

of  being  produced  or  used  as  evidence  on  any  trial,  or  other 
sufficient  cause  appears,  the  trial  may  be  postponed  to  some 
otiier  day  and  place,  and  such  further  notice  issued  as  the 
court  or  magistrate  shall  deem  necessary. 

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

Approved  May  12,  1870. 
Chat)-  243  ■^^  ^^^  relating  to  the  chaplain,  and  the  physician  and  8UR- 

"'  GEON  OF  THE  STATE  PRISON. 

Be  it  enacted,  Sfc,  as  follows  : 
S''^rfso"if  Section  1.    The  chaplain  of  the  state  prison  shall  perform 

salary.       '      divinc  scrvicc  in  the  chapel  of  the  prison,  instruct  the  con- 
victs in  their  moral  and  religious  duties,  visit  the  sick  on 
suitable  occasions,  have  charge  of  the  school  and  library  of 
the  prison,  under  the  direction  of  the  warden  and  inspectors, 
and  shall  devote  his  whole  time  to  the  duties  of  his  office,  and 
shall  receive  an  annual  salary  of  two  thousand  dollars. 
Physician  and        SECTION  2.     The  physiciau  and  surgeon  of  the  state  prison 
suigeou,  sa  aij .  gj-^^j^  reccivc  an  annual  salary  of  one  thousand  dollars. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  12,  1870. 

ChdP.  244   -^^    "^^^    ^^    RELATION    TO    THE    SALARY  OF    THE    COMMISSIONER    OF 
^'  SAVINGS   BANKS. 

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

Commissioner        SECTION  1.     The  commissiouer  of  savings  banks  shall  re- 
banks,  salary,    ccivc  a  Salary  of  thirty-three  hundred  dollars,  and  no  allow- 
ance or  compensation  shall  be  made  for  clerk  hire,  nor  for 
travelling  or  other  expenses. 

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

Approved  May  12,  1870. 
An  Act  to  revive  the  charter  of  the  Sheffield  railroad 

COMPANY. 

Be  it  enacted,  Sj'c,  as  follows  : 
Charter  re-  SECTION  1.     Chapter  ouc  hundred  and  fifty-eight  of  the 

acts  of  the  year  eighteen  hundred  and  sixty-six  is  hereby 
revived,  and  continued  in  force ;  and  the  time  for  the  con- 
struction of  the  railroad  of  the  company  thereby  incorpo- 
rated, is  extended  to  the  first  day  of  May,  in  the  year  eigh- 
teen hundred  and  seventy-two. 

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

Approved  May  12,  1870. 
An  Act  to   authorize  the  fitchburg  railroad  company   to 

CONSTRUCT  a  BRANCH  RAILROAD. 

Be  it  enacted,  §"c.,  as  follows  : 

$250,000  addi-        Section  1.     The  Fitchburg  Railroad  Company  is  hereby 
authorized  .  to   locate,  construct,  maintain    and   operate  a 


Chap.  245 


vived. 


Chap.  246 


tional  stock. 


1870.— Chapters  247,  248.  183 

branch  railroad,  with  one  or  more  tracks,  commencing  at 
some  convenient  point  on  the  raih'oad  of  said  company  in  or 
near  the  town  of  Concord,  and  thence  running  to  some  point 
on  the  Lancaster  and  SterHng  Branch  Railroad  of  said  com- 
pany in  the  tow^n  of  Stow,  and  for  said  purpose  is  hereby  au- 
thorized to  increase  its  capital  stock  to  an  amount  not 
exceeding  two  hundred  and  fifty  thousand  dollars. 

Section  2.     Said  Fitchburg  Railroad  Company  may  enter  May  enter  upon 
with  its  railroad  upon,  unite  with  and  use  the  railroad  of  the  Framhlgham*'^ 
Framingham  and  Lowell  Railroad  Company,  and  said  last  ffa.ur'i^^d^'^ 
named  company  may  enter  with  its  railroad  upon,  unite  with 
and  use  the  railroad  of  said  Fitchburg  Railroad  Company, 
subject  to  the  provisions  of  the  general  laws. 

Section  3.    This  act  shall  be  void  unless  the  railroad  hereby  To  be  located  in 
authorized  to  be  constructed,  shall  be  located  within  two  constructed *^n 
years,  and  constructed  within  three  years  from  the  passage  ^^'^^  ^'^^"- 
hereof. 

Section  4.  Said  Fitchburg  Railroad  Company  shall  have,  Powers  and  du- 
with  respect  to  the  branch  railroad  hereby  authorized  to  be 
constructed,  all  the  powers  and  privileges,  and  be  subject  to 
all  the  duties,  restrictions  and  liabilities  set  forth  in  the  gen- 
eral laws  which  now  are  or  hereafter  may  be  in  force  relating 
to  railroad  corporations. 

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

Approved  May  12,  1870. 

Ax  Act  to  incorporate  the  emigrant  savings  bank.  Chat)  247 

Be  it  enacted,  Si'c,  as  follows  : 

Section  1.     Patrick  Donahoe,  James  McKenna,  James  corporators. 
Scott,  Charles  F.  Donnelly,   Joseph  Finnoti,   Jacob  Pfaff, 
their  associates  and  successors,  are  hereby  made  a  corpora- 
tion by  the  name  of  the  Emigrant  Savings  Bank,  to  be  lo-  Name  and  pur- 
cated  in  Franklin  Street,  in  the  city  of  Boston ;  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  in  this  Commonwealth  relating 
to  institutions  for  savings. 

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

Approved  May  12,  1870. 


Chap.  248 


An  Act  relating  to  free  instruction  in  drawing. 
Be  it  enacted,  ^'c,  as  follows : 

Section  1.     The  first  section  of  chapter  thirty-eight  of  the  Drawing  to  be 
General  Statutes  is  hereby  amended  so  as  to  include  Draw-  puw^schoois. 
ing  among  the  branches  of  learning  which  are  by  said  section 
required  to  be  taught  in  the  public  schools. 


184  1870.— Chapter  249. 

Industrial  and  SECTION  2.  Aiiv  citv  OF  town  may,  and  every  city  and 
drawing  taught  towH  having  more  than  ten  thousand  inhabitants,  shall 
fifteen  yearTof  annually  make  provision  for  giving  free  instruction  in  indus- 
*g®-  trial  or  mechanical  drawing  to  persons  over  fifteen  years  of 

age,  either  in  day  or  evening  schools,  under  the  direction  of 

the  school  committee. 

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

Approved  May  16,  1870. 


Chap.  249 


An  Act  for  protection  of  the  fisheries  in  the  head  waters 

OF  buzzard's  bay. 
Be  it  enacted,  Sfc,  as  follows : 
Seines,  fish  SECTION  1.     No  pcrsou  shall  draw,  set,  stretch  or  use  any 

weirs,   &c.,  not  r  •  n  \  •      ^ 

to  be  used  in   drag  iict,  sct  uct,  pursc  Or  seine  ot  any  kuid,  or  construct, 

certain  waters  -i-  n    y  •  j  i   r        ±    ^  •         nu 

of  Buzzard's      maintain  or  use  any  fish  weir,  yard  or  pound  tor  taking  fish 
^*^'  of  any  kind  any  where  in  the  waters  of  Buzzard's  Bay  north- 

erly of  or  within  a  straight  line  extended  from  the  entrance 
to  the  harbor  in  West  Falmouth  to  Bird  Island  light ;  thence 
in  a  straight  line  to  Great  Neck  Point,  on  the  Marion  shore, 
nor  in  any  bay,  cove,  inlet,  river,  creek  or  stream  bordering 
on  or  flowing  into  said  waters  within  the  limits  aforesaid. 
Penalties.  SECTION  2.     Whocvcr  violatcs  any  provision  of  this  act,  or 

aids  or  assists  in  violating  the  same,  shall  forfeit  and  pay  to 
the  use  of  any  person  who  shall  sue  therefor,  a  sum  of  not 
less  than  twenty  dollars  nor  more  than  one  hundred  dollars, 
to  be  recovered  in  an  action  of  tort,  in  any  court  having 
jurisdiction  of  either  party  to  such  action ;  and  shall  also 
upon  conviction  of  any  violation  of  any  provisions  of  this  act 
before  any  justice  or  court  competent  to  try  the  same,  be 
imprisoned  in  the  house  of  correction  not  exceeding  sixty 
days,  or  pay  a  fine  of  not  less  than  ten  dollars  or  more  than 
one  hundred  dollars,  one  half  to  the  use  of  the  complainant 
and  the  other  half  to  the  use  of  the  county  within  whose 
jurisdiction  the  offence  was  committed. 
Ir^uniawfuii  Section  3.  Any  net  or  seine  used  by  any  person  in  violat- 
used  to  be  for-  ing  any  provision  of  this  act,  together  with  any  boat,  craft  or 
mouweaith.°™  fisliiug  apparatus  used  in  unlawfully  working  such  net  or 
seine,  and  all  fish  found  therewith,  captured  contrary  to  any 
provision  of  this  act,  shall  be  forfeited  to  the  Commonwealth. 

Nets  and  seines         SECTION    4.       All    UCts    and    SCiuCS    ill     actual    USC     SCt   OF 

uLfCdeciared    strctchcd  ill  violatiou  of  this  act  within  the  waters  and  limits 
Bance8°° '^"''     aforcsaid,  holding  fish  contrary  to  any  provisions  of  said  act, 
are  declared  to  be  common  nuisances. 

Approved  May  16,  1870. 


1870.— Chapters  250,  251,  252.  185 

As  Act  authorizing  a  fund  for  expenses  of  the  executive  Qfidp^  250 

DEPARTMENT.  -^' 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     There  sliall  be  allowed   and   paid   annually  $5,000 appropri- 
from  the  treasury  of  the  Commonwealth,  a  sum  not  exceed-  pensesoP' 
ing  five  thousand  dollars  for  such  expenses  of  the  executive  department. 
department  as  the  governor  may  find  necessary. 

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

Approved  May  16,  1870. 


Chap.  251 


An  Act  to  change  the  name  of  the  agriculturalsociety  in 

the  county  of  plymouth. 
Be  it  enacted,  S)'c.,  as  follows : 

The   name   of  the  agricultural  society  in  the  county  of  Name  changed 
Plymouth,  incorporated  in  the  year  eighteen  hundred  and  o^uiA^  Agri- 
nineteen,  is  hereby  changed  to  the  Plymouth  County  Agri-  ety!"'^^  ^""" 

cultural  Society.  Approved  May  16,  1870. 

An  Act  concerning  the  troy  and  Greenfield  railroad.        ChttT)  252 
Be  it  enacted,  &;c.,  as  follows : 

Section  1.     There  shall  be  allowed  and  paid  from  the  Allowance  for 
treasury  to  the  Vermont  and  Massachusetts  Railroad  Com-  road'bridge'^^^' 
pany   and   the   Fitchburg   Railroad   Company   the   cost   of  ^^cro^s^soeerfieid 
rebuilding  the  bridge  near  the  westerly  depot  of  the  Troy 
and  Greenfield  Railroad  across  the  Deerfield  River,  and  of 
taking  care  of  and  protecting  that  portion  of  said  railroad 
now  under  lease   to   said   companies,  since  the  freshet   of 
October  last,  and  a  sum  not  exceeding  eighty-five  percent, 
of  the  actual  cost  of  repairing  the  injuries  caused  by  said 
freshet  to  said  railroad,  the  same  to  be  paid  after  the  com- 
pletion of  said  bridge  and  repairs,  and  upon  the  approval  of 
the  bills  paid  therefor  by  the  governor  and  council. 

In   consideration   of  said   injuries   to   said   railroad,  six  Rent  abated, 
months  rent  thereof  is  hereby  abated. 

Section  2.     The  governor  and  council  are  hereby  author-  curves  in  road 
ized  to  improve  the  curves  and  other  parts  of  said  railroad  a°  aV^xpenle 
as  they  may  deem  expedient :  provided^  they  do  not  change  $100,000."^*^"*^ 
the  general  location  of  the  road;  and  provided,  a/so,  that 
the  sum  expended  under  the  provisions  of  the   first   and 
second  sections  of  this  act  shall  not  exceed  one  hundred 
thousand  dollars. 

Section  3.     A  sum  not  exceeding  fifteen  hundred  dollars  Allowance 
may  be  allowed  towards  the  cost  of  making  a  highway  across  Idgifway  n°  m-°' 
the  land  of  the  Commonwealth   near  the  east  end  of  the  tunne?^°^ 
Hoosac.  Tunnel,  in  case  the  same  sliall  be  laid  out  by  the 
county  commissioners  of  Berkshire  County,  to  be  expended 
in  such  manner  as  the  governor  and  council  shall  determine. 

24 


186  1870.— Chapters  253,  254. 

Companies  may      SECTION  4.     Said  railroad  companies,  together  with  the 
to  facilitate       Troj  and  Bostoii  Raih'oad  Company,  are  hereby -authorized 
freight  and        to  make  such  arrangements  and  contracts  for  business  as 
passengers.       ^\^q  (Jircctors  of  said  corporations  may  deem  necessary  to 
secure    and   facilitate  the   transit   of  both   passengers    and 
freight  over  their  line  of  railroads  between  Boston  and  Troy: 
provided,  the  same  be  not  inconsistent  with  existing  laws, 
and  do  not  impair  the  riglits  of  the  Commonwealth  to  regu- 
late the  tolls  and  freights  of  the  roads,  and  duties  of  the 
companies  chartered  by  this  Commonwealth. 

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

Approved  May  16,  1870. 


Chap.  253 


An  Act  to  revive  the  charter  of  the  south  boston  freight 
railway   company. 

Be  it  enacted,  ^'c,  as  follows  : 

Charter  revived      SECTION   1.     An   act  to   incorporate    the   South   Boston 

cou  rme  .  pj,gjg|^|.  Railway  Company,  passed  the  first  day  of  May,  in 

the  year  eighteen  hundred  and  sixty-eight,  is  hereby  revived 

and   confirmed ;    and   said   corporation   may   be   organized 

within  two  years  after  the  passage  of  this  act. 

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

Approved  May  16,  1870. 

END  branch 
street  railway  company  and  for  other  purposes. 
Be  it  enacted,  Sfc,  as  follows  : 

Charter  re-  SECTION  1.     Chapter  twcuty-two  of  the  acts  of  the  year 

foHoca'tyng^Lnd  eighteen  hundred  and  sixty-eight,  being  an  act  to  incorpo- 
continued"^      latc  the  Gravcs  End  Branch  Street  Railway  Company,  is 


Chan  254  ^^  -^^^  ^^  revive  the  charter  of   the  graves 
r'  street  railway  company  and  for  other  pi 


hereby  revived  and  continued  in  force  ;  and  the  time  for 

locating  and  constructing  the  railroad  authorized  thereby  is 

hereby  extended  two  years. 
Koadmaybe         SECTION  2.     Said  compauy  may  construct  its  road  from 
from* wards  4     somc  convenicut  point  or  points  in  wards  four  or  five  in  the 
i°2andV^'''^'^^  ^^^y  ^^  Lyi^n,  to  some  convenient  point  or  points  in  wards 

one,  two  and  three  of  said  city. 
Capital  stock         SECTION  3.     Scctiou  two  of  chapter  twenty-two  of  the  acts 
ti^*rty-flvethou.  of  the  year  eighteen  hundred  and  sixty-eight  is  hereby  so 
sanddouars.      amended  that  tlie  capital  stock  of  the  company  named  in 

said  act,  shall  not  exceed  thirty-five  thousand  dollars. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1870. 


1870.— Chapters  255,  256,  257.  187 

An  Act  to  authorize  the  town  of  phillipston  to  subscribe  QJidjy  255 

TO  THE  STOCK  OF  THE  WARE  RIVER  RAILROAD  COMPANY.  ■^' 

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

Section  t.  Section  three  of  chapter  seventy-three  of  the  Phiiiipston  au- 
acts  of  the  current  year  is  hereby  amended  by  inserting  after  stock  in  ware 
the  word  "  Winchendon  "  the  words  "  and  Phillipston."  ^"^^  ^^siroiid. 

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

Approved  May  16,  1870. 


Chap.  256 


An  Act  to  confirm  certain  acts  done   by  james   t.  robinson 

as  a  commissioner  to  administer  oaths  to  public  officers. 
Be  it  enacted,  cVc,  as  follows: 

All  acts  done  by  James  T.  Robinson  of  Adams,  as  a  com-  confirmation  of 
missioner  to  administer  oaths  to  public  officers,  between  the  done  by  james 
twenty-ninth  day  of  January,  in  the  year  eighteen  hundred  commissfoTe'r. 
and  fifty- nine,  and  the  first  day  of  April,  in  the  year  eighteen 
hundred  and  seventy,  are  hereby  made  valid  and  confirmed 
to  the  same  extent  as  though  he  had  been  during  that  time 
qualified  to  discharge  the  duties  of  said  office. 

Approved  May  16,  1870.  * 

An  Act  in  relation  to  partition  of  lands.  ChciY).  257 

Be  it  enacted,  Sfc,  as  follows: 

Commissioners  appointed  by  any  court  to  make  partition  if  partition  can- 
of  lands,  held  by  joint  tenants,  coparceners,  or  tenants  in  "^tiwurhijiiry, 
common,  if  they  become  satisfied  that  a  partition  of  such  to'rJjjortule" 
lands,  or  any  separate  and  distinct  portion  thereof,  cannot  s^ame  to  court, 
be  made  without  great  injury  thereto,  shall  report  the  same  praisai. 
to  the  court,  with  an   appraisal  of  the  true  value  of  such 
lands,  or  separate  and  distinct  portion  thereof;  whereupon, 
if  the  court,  after  proper  notice  to  all  persons  interested  in 
such  lands,  shall  be  of  opinion  that  partition  cannot  be  made 
without  such  injury,  and  that  to  secure  the  rights  and  best 
interests  of  the  parties,  a  sale  of  the  lands,  or  any  separate 
and  distinct  portion  thereof  should  be  made,  the  court  may  Court  may 

orcltT  S'iIg  to  DG 

order  a  sale  of  the  same,  and  appoint  some  suitable  person  made  by  a 
as  trustee,  to  make  the  sale,  in  such  manner  and  upon  such  ^'"**^^* 
terms  and  conditions  as  shall  appear  most  fully  to  secure  the 
rights  and  best  interests  of  all  parties  concerned,  and  to  con- 
vey the  lands  sold  to  the  purchaser  thereof,  by  deed  duly 
executed  ;  and  the  court  may  order  such  trustee,  before  he  Trustee  to  give 
shall  have  any  authority  to  make  a  sale,  to  give  bond  to  the         ' 
court,  for  the  benefit  of  all  parties  interested  in  the  lands  to 
be  sold,  with  sufficient  sureties,  in  such  sum  as  the  court 
may  order,  for  the  faithful  discharge  of  all  the  duties  of  such 
trust,  and  for  the  payment  of  the  proceeds  of  any  sale  made 


188  1870.— Chapters  258,  259,  260. 

—to  return  ac-  to  sucli  persoiis  as  the  court  may  order  ;  and  the  trustee 
within  one  shall  retuHi  luto  court,  within  one  year  after  his  appoint- 
year.  ment,  and  at  any  other  times  when  required  by  the  court,  an 

account   on   oath   of  any  sale  made,  and  all   charges  and 
expenditures  therefor,  which  account,  if  just  and  true,  shall 
di°tribuUou'^'^of  ^®  allowcd  by  the   court ;  and  the  court  shall  thereupon 
proceeds.  Order  a  distribution  to  be  made  of  the  remainder  of  the  pro- 

ceeds of  such  sale,  to  and  among  the  persons  entitled  thereto 
according  to  their  respective  interests  in  the  lands  so  sold,  to 
be  paid  at  such  times,  and  upon  the  happening  of  such  con- 
tingencies, as  the  court,  having  reference  to  the  nature  of 
their  interests  therein,  may  order ;  and  any  person  having 
an  interest  in  the  lands  so  sold,  may  recover,  by  an  action  of 
contract,  in  his  own  name,  against  such  trustee,  or  sureties 
in  the  bond,  or  both,  all  damages  he  may  suffer  from  any 
breach   of  the   conditions   of  such   bond. 

Approved  May  20,  1870. 


Chap.  258 


An  Act  in  relation  to  the  agricultural  societies  in  the 
commonwealth. 

Be  it  enacted,  ^'c,  as  follows  : 

Societies  not  to  Chapter  sistv-six  of  the  General  Statutes  is  hereby  so 
from  state  than  altered  and  amended,  that  no  agricultural  society  shall  be 
ilf^premhinil's'''**  entitled  to  receive  a  larger  amount  from  the  treasury  of  the 
year"^  P'^'**  Commonwealth  in  any  one  year,  than  it  shall  have  awarded 
and  actually  paid  in  premiums  during  the  year  last  preceding. 

Approved  May  20,  1870. 


Chap.  259 

Penalty  fo] 
destroying 


An  Act  in  relation  to  show-bills. 
Be  it  enacted,  kc,  as  follows: 
Penalty  for  Anv  Dcrson  who   shall  wilfully  or   maliciously  mutilate, 

show-bill,  destroy  or  remove  any  show-bill,  placard,  programme,  poster 

placard,  &c.  ^^  other  advertisement  of  any  exhibition,  show,  or  amuse- 
ment licensed  under  the  provisions  of  section  seventy-four  of 
chapter  eighty-eight  of  the  General  Statutes,  before  the  same 
has  taken  place,  posted  up  on  any  walls,  fence,  bill-board  or 
other  structure  not  lawfully  under  his  control,  shall  be 
punished   by   fine   not   exceeding   ten   dollars. 

Approved  May  20,  1870. 


An  Act  in  addition  to  an  act  concerning  streets  and  high- 
ways. 

Be  it  enacted,  SjX.,  as  follows : 
Powers  of  SECTION  1.     Whenever  it  becomes  the  duty  of  the  county 

sfo^neTscon"'^'  commissioncrs  in  any  county,  to  cause  a  highway  to  be  made 
and°con'pk.'tiu|  ^"^^  complctcd,  they  shall  have  the  same  authority  that  is 
highways,         given  to  Selectmen  in  section  three  of  chapter  three  hundred 


Chap.  260 


1870.— Chapters  261,  262,  263,  264  189 

and  sixty-seven  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-nine. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  20,  1870. 


Chap. 261 


An  Act  concerning  conditional  sales  of  personal  property. 
Be  it  enacted,  Sjx.,  as  follows  : 

Whoever  being  in  possession  of  any  personal  property,  selling,  &c., 
received  upon  a  written  and  conditional  contract  of  sale,  ertTre^ned'" 
shall,  with  intent  to   defraud,   (before  performance  of  the  conditionar° 
conditions  precedent  to  acquiring  the  title  to  such  property,^  contract  of  sale, 
sell,  convey,  conceal,  or  aid  in  concealing  the  same,  shall  be  fine,  &c. 
punished  by  fine  not  exceeding  one  hundred  dollars,  or  by 
imprisonment  not   exceeding   one  year. 

Approved  May  20,  1870. 

An  Act  in  addition   to  "  an  act    concerning   the  provisions  QJinf)  962 

FOR   widows   in    certain    CASES."  ^  ' 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     Trustees  appointed  under  the  provisions  of  Trustees  ap- 
section  two  of  chapter  one  hundred  and  sixty-four  of  the  acts  1*861',  iw^YV^*^ 
of  the  year  eighteen  hundred  and  sixty-one,  shall  be  subject  loa*"^**''  ^'^' 
to   the  provisions  of  chapter  one  hundred  of  the   General 
Statutes,  so  far  as  the  same  may  be  applicable. 

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

Approved  May  20,  1870. 
An  Act   in  relation   to    the  appointment   of   guardians  in  Qhan  263 

CERTAIN   CASES.  "' 

Be  it  enacted,  ^'c,  as  follows : 

Section  1.     When  a  judge  or  register  of  probate  for  any  JiK^ge.  &c.,  of 
county  desires  to  be  appointed  guardian  of  his  minor  child,  appohued*^ 
being  an  inhabitant  of  or  residing  in  the  same  county,  such  minor '^chud.^^* 
appointment  may  be  made,  and  all  subsequent  proceedings 
in  regard  thereto  had  in  the  probate  court  of  the  most  ancient 
adjoining  county. 

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

Approved  May  20,  1870. 


Chap.  2Q4: 


An  Act  concerning  the  recording  of  attachments  of  real 

AND   leasehold    ESTATES. 

Be  it  enacted,  ^'c,  as  follows : 

Section  1.     When   an   attachment  of  real  or  leasehold  wiienreai 
estates  on  mesne  process  is  made,  the  copy  of  the  original  tacheVon^" 
writ  and  officer's  return,  now  by  law  provided  to  be  deposited  mesne  process, 
in  the  office  of  the  clerk  of  courts  for  the  county  where  the  and^officI"8 
lands  lie,  shall  hereafter,  in  counties  where  there  is  more  recorded" in* 
than  one  office  for  the  registry  of  deeds,  be  recorded  in  the  ^eldaf^  "^ 


Chap.  265 


190  1870.— Chapter  265. 

registry  for  the  district  where  the  attached  lands  lie.  All 
the  powers  and  duties  relative  thereto,  now  vested  in  or  to 
be  performed  by  said  clerk  of  courts,  shall  be  vested  in  and 
performed  by  the  register  of  deeds  in  said  districts,  and  with 
like  legal  effect.  All  the  provisions  of  law  relating  to  the 
deposition  of  such  copy  and  officer's  return  in  the  office  of 
the  clerk  of  courts  shall  be  applicable  to  the  deposition  of 
the  same  in  the  office  of  the  register  of  deeds  under  this  act. 
When  it  ap-  SECTION  2.     When  it  appears  of  record  in  the  court  where 

fharan  auadi-  a  suit  is  pending  in  which  an  attachment  of  real  estate  has 
™h"edfderk  to  ^Gen  made,  that  the  attachment  has  been  dissolved,  it  shall 
notify  register,  be  the  duty  of  the  clerk  of  the  court  to  forward  to  the  regis- 
ter of  deeds  for  the  district  where  it  appears  by  the  officer's 
return  said  copy  was  deposited  by  him,  a  certificate  of  the 
fact  of  such  dissolution,  and  how  the  dissolution  was  made. 
The  register  shall  file  such  certificate  with  the  copy  of  the 
original  writ,  and  also  make  a  record  thereof  in  his  docket 

of  attachments.  Approved  May  20,  1870. 

An  Act  to  amend   chaptek   one   hundred  and   seventy-seven 

OF   THE    acts    of    EIGHTEEN   HUNDRED   AND    SIXTV-TWO,   CONCERN- 
ING  THE    HINGHAM   AND    QUINCY    TURNPIKE   AND   BRIDGES. 

Be  it  enacted,  Sfc,  as  follows  : 
Three  commis-      SECTION  1.     The  govcmor,  wlth  tliB  advice  and  consent  of 
appohited°    ^  the  couucil,  shall  as  soon  as  may  be  after  the  passage  of  this 
act,  appoint  a  board  of  three  commissioners,  who  shall  be 
sworn  to  the  faithful  and  impartial  discharge  of  their  duties, 
—to  determine  It  shall  bc  the  duty  of  Said  commissioners,  after  due  notice 
itelTeVt" d  and "^^^  to  all  parties  interested  and  a  hearing,  to  determine  and 
tions^andTn'an-  ^ccree  wliat  towns  and  cities  in  this  Commonwealth  are  or 
ner  expenses  of  will  be  Specially  and  directly  benefited  by  the  provisions  of 
shall  be  paid;     the  first  scctiou  of  the  act  hereby  amended  ;  and  shall  also 
determine  and  decree,  in  what  proportions  and  in  what  man- 
ner  the   said   towns   and   cities    shall   defray  the  expenses 
incurred  after  the  passage  of  this  act  for  the  maintenance 
and  repair  of  the  abutments,  draws,  piers  and  bridges  men- 
tioned in  said  act,  the  reasonable  expenses,  costs  and  charges 
of  said  commission,  and  all  other  expenses  properly  incurred 
under  this  act  and  the  act  hereby  amended,  not  otherwise 
specially  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  for  either  of  the 
counties  of  Plymouth,  Norfolk  or  Suffolk;  and  the  same 
having  been  accepted  by  said  court,  after  due  notice  thereof 
served  upon  each  of  said  cities  and  towns  in  such  manner  as 
said  court  may  order,  shall  be  binding  upon  said  cities  and 
towns. 


I 


1870.— Chapters  266,  267,  268.  ,  191 

Section   2.     Said   commissioners  may  in    like    manner  -to  determine 
determine  and  decree  what  officers  shall  have  the  care  and  siiaii  have  care 
superintendence  of  the  .said  abutments,  bridges,  draws  and  dence'of""^**^ 
piers,  and  perform  the  duties  by  the  provisions  of  said  act  I'ridges,  &c. 
imposed  upon  the  chairmen  of  the  selectmen  of  the  towns  of 
Quincy,  Weymouth  and  Bingham:  provided^  how ever^\\\2X's^oy\io. 
until  the  acceptance  of  said  report  as  herein  before  provided, 
the   said    chairmen   shall   continue   to   perform   the  duties 
imposed  upon  them  by  said  act. 

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

Approved  May  20,  1870. 
An  Act  to  change  the  name  of   the   greenleaf  and   taylor  Qhnr)   266 

MANUFACTURING   COMPANY.  ^' 

Be  it  enacted,  §t.,  as  follows  : 

Section   1.     The   Greenleaf  and   Taylor  Manufacturing  Name  changed 
Company,  a  corporation  established   in   Springfield,  under  paper  Manu"^ 
the  general  laws,  shall  be  called  and  known  as  the  Massasoit  pauy""^  ^°™' 
Paper  Manufacturing  Company,  on  and  after  the  first  day  of 
January,  eighteen  hundred  and  seventy-one. 

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

Approved  Alay  20,  1870. 

An  Act  to  incorporate  the  adams  sugar  refinery.  Chap.  267 

Be  it  enacted,  Sfc,  as  follows: 

Section  1.     Seth  Adams,  Isaac  Adams,  Warren  Fisher,  corporators, 
junior,  and  Aquila  Adams,  their  associates  and  successors, 
are  hereby  made  a  corporation  by  the  name  of  the  "  Adams  Name  and  pur- 
Sugar  Refinery,"  for  the  purpose  of  refining  sugar  in  the  ^°^^" 
city  of  Boston  ;  with  all  the  powers  and  privileges,  and  sub- 
ject to  all  the  duties,  liabilities  and  restrictions  set  forth  in 
all  general  laws  which  now  are  or  hereafter  may  be  in  force 
relative  to  such  corporations. 

Section  2.     The  capital  stock  of  said  corporation  shall  not  capital  stock 
exceed  one  million  dollars,  which  shall  be  divided  into  shares  ^^ 
of  one  hundred  dollars  each  ;  and  said  corporation  may  hold  Real  estate. 
for  the   purpose   aforesaid   real   estate   to   an   amount  not 
exceeding  five  hundred  thousand  dollars,  and  shall  not  com- 
mence business  until  five  hundred  thousand  dollars  of  its 
capital  stock  shall  have  been  paid  in  in  cash. 

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

Approved  May  20,  1870. 

An  Act    to  authorize    the   hampden   mills    to   increase   its  Qfidv)   268 

capital  stock.  ^' 

Be  it  enacted,  ^c,  as  follows  : 

Section  1.     The  Hampden  Mills,  incorporated  by  an  act  Additional  cap- 
passed  on  the  twenty-ninth  day  of  March,  in  the  year  one  "'^^  **°*^''" 


192  .  1870.— Chapter  269. 

thousand  eight  hundred  and  fifty-three,  is  hereby  authorized 
to  increase  its  capital  stock  to  an  amount  not  exceeding  five 
Eeai estate.  hundred  thousand  dollars;  and  said  corporation  may  liold 
real  estate  for  the  purposes  for  which  it  was  incorporated  not 
exceeding  in  amount  four  hundred  thousand  dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  20,  1870. 

Chap.  269   -^^   ^^'^   '^^   incorporate   the   GRAFTON   AND   MILLBURY  RAILROAD 
■*  '  COMPANY. 

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

Section  1.  W.  D.  Wheeler,  Eufus  E.  Warren,  J.  H. 
Wood,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Grafton  and  Millbury  Rail- 
road Company  ;  with  all  the  powers  and  privileges,  and  sub- 
ject to  all  the  duties,  restrictions  and  liabilities  set  forth  in 
all  general  laws  which  now  are  or  hereafter  may  be  in  force 
relating  to  railroad  corporations. 

Section  2.  Said  corporation  is  hereby  authorized  to 
locate,  construct,  maintain  and  operate  a  railroad,  with  one 
or  more  tracks,  from  some  convenient  point  on  the  railroad 
of  the  Boston  and  Albany  Railroad  Company  in  the  town  of 
Grafton,  and  thence  running  through,  or  as  nearly  through 
the  village  in  the  centre  of  said  town  as  may  be,  to  some 
convenient  point  at  or  near  the  station  of  the  Millbury 
Branch  Railroad  in  Armory  Village,  so  called,  in  said  Mill- 
bury ;  and  said  corporation  may  enter  with  its  railroad  upon, 
unite  the  same  with,  and  use  the  railroad  of  the  Boston  and 
Albany  Railroad  Company,  and  said  last  mentioned  railroad 
company  may  enter  with  its  railroad  upon,  unite  the  same 
with  and  use  the  railroad  of  said  corporation,  subject  to  the 
provisions  of  the  general  laws. 

Section  3.  The  capital  stock  of  said  corporation  shall  not 
exceed  the  sum  of  two  hundred  and  fifty  thousand  dollars, 
nor  be  less  than  one  hundred  and  fifty  thousand  dollars, 
and  shall  be  divided  into  shares  of  one  hundred  dollars  each, 
the  number  of  which  shall  be  determined  from  time  to  time 
by  its  directors. 

Section  4.  Said  corporation  is  hereby  authorized  to  con- 
struct its  road  in  two  sections,  the  location  of  which  shall  be 
determined  by  said  corporation  and  shall  be  duly  filed ;  and 
said  corporation  may  commence  the  construction  of  either  of 
said  sections  whenever  shares  of  the  capital  stock  shall  have 
been  subscribed  to  the  amount  and  at  the  rate  of  twenty-five 
thousand  dollars  per  mile  of  such  section,  and  twenty  per 
cent,  of  the  par  value  of  each  and  every  of  such  shares  has 


( 


Corporators. 


Name. 

Powers  and  du- 
ties. 


May  build  road 
from  Boston 
and  Albany 
Railroad  in 
Grafton,  to 
Millbury 
Branch  in  Arm- 
ory Village  iu 
Millbury. 


Capital  stock 
and"  shares. 


May  construct 
road  iu  two  sec- 
tions. 


1870.— Chapter  270.  ,  193 

been  actually  paid  into  its  treasury,  and  a  certificate  thereof 
subscribed  and  sworn  to  by  the  president  and  a  majority  of 
the  directors  shall  have  been  filed  in  the  office  of  the  secre- 
tary of  the  Commonwealth. 

Section  5.     The  towns  of  Grafton  and  Millbury  may  sev-  Grafton  and 
erally  subscribe  for  and  hold  shares  of  the  capital  stock  or  tale  stocrtn 
the  securities  of  said  corporation,  to  an  amount  not  exceed-  ceedin'^g°fivl^'er 
ing  five  per  centum  of  the  valuation  of  said  towns,  respec-  ^ai'uation*"^'*^ 
tively,  for  the  year  in  which  the  subscription  shall  be  made : 
provided,  that  two-thirds  of  the  legal  voters  of  said  towns.  Proviso, 
respectively,  present  and  voting  by  ballot,  and  using  the 
check-list,  at  a  legal  meeting  duly  called  for  the  purpose, 
shall  vote  to  subscribe  for  such  shares  or  securities  ;  and 
provided,  also,  that  the  total  amount  of  all  subscriptions  of  Proviso, 
said  towns,  respectively,  which  have  been  or  may  be  made 
to  the  stock  or  securities  of  any  railroad  corporation  or  cor- 
porations under  authority  of  this  or  any  previous  act,  shall 
not  exceed  five  per  centum  of  the  assessed  valuation  of  said 
towns  respectively.     Said  towns  may  pay  for  such  shares  or 
securities,  so  voted  to  be  paid  out  of  their  respective  treas- 
uries, and  may  raise  by  loan  upon  bonds,  or  tax,  or  other- 
wise, 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 ;   and   the   selectmen   of  said   towns, 
respectively,  or  any  agent  specially  chosen  for  the  purpose, 
shall  have  authority  to  represent  said  towns  respectively,  at 
any  and  all  meetings  of  said  corporation,  and  may  vote  on 
the  whole  amount  of  the  stock  so  held,  anything  in  chapter 
sixty-three  of  the  General  Statutes  notwithstanding. 

Section  6.     Said  corporation  is  hereby  authorized  to  sell  May  seii  or 
or  lease  its  railroad,  franchise  and  other  property  to  the  Bosfon°and  ii- 
Boston  and  Albany  Railroad  Company,  and  said  last  named  ^^^'^  Railroad. 
company  is  hereby  authorized  to  purchase  or  hire  the  same. 

Section  7.     This  act  shall  take  effect  upon  its  passage,  to  be  located 
and  shall  be  void  unless  said  railroad  shall  be  located  within  7ears°and*con- 
two   years   and   constructed  within   three  years   from   the  three^years^**^ 
passage  hereof.  Approved  May  20,  1870. 


Chap.  270 


An  Act  in  addition  to  an  act  to  establish  the  weir  branch 

railroad  corporation. 
Be  it  enacted,  Sfc,  as  follows : 

Section  1.     The  Weir  Branch  Railroad  Corporation  may  May  use  such 
use  any  motive  power  in  the  operation  of  its  railroad,  that  ™*'mly(?r°rnd 
may  be  authorized  by  the  board  of  mayor  and  aldermen  of  xaun™!fmL 
the  city  of  Taunton,  and  said  board  may  at  all  times  regu-  authorize, 
late  and  control  the  rate  of  speed  to  be  run  thereon. 

25 


194  1870.— -Chapters  271,  272. 

Repeal.  SECTION   2.      Sectioii  fivc   of  chapter   one   hundred  and 

eighty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
forty-seven  is  hereby  repealed. 

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

Approved  May  20,  1870. 


Chap.2n 


An  Act  to  authorize  the  vkrmont  and  Massachusetts  rail- 
road COMPANY  TO  CONSTRUCT  A  RAILROAD  FROM  THE  TURNERS 
FALLS   BRANCH   RAILROAD. 

Be  it  enacted,  Sfc,  as  follows : 

May  build  rail-  SECTION  1.  The  VeiTnont  and  Massachusetts  Railroad 
nersFanT  ^^'  Company  is  hereby  authorized  to  locate,  construct,  maintain 
?o?,f»*'l!.r,'^^.°*°."  and  operate  a  raih^oad,  with  one  or  more  tracks,  commenc- 

tague  to  ttrout'8   _  r  _  •         •         i        m  -n    n      -r>  i      -r»    -l 

Corner.  mg  at  a  Convenient  point  in  the  lurners  J^alls  ±>ranch  Kail- 

road   of  said   company,  easterly  of  the  Connecticut  River 
Bridge,  in  the  town  of  Montague,  and  thence  running  to 
some  convenient  point  in  the  railroad  of  said  company,  at  or 
$300,000  addi-    ncar   Grout's    Corner,   so   called,  and   for   said   purpose  is 
8t°ck!  '^^^'^^^     hereby  authorized  to  increase  its  capital  stock  to  an  amount 

not  exceeding  three  hundred  thousand  dollars. 
Powers  and  du-      SECTION  2.     Said  Vermont   and  Massachusetts  Railroad 
*^^*'  Company  shall  have,  with  respect  to  the  railroad  hereby 

authorized  to  be  constructed,  all  the  powers  and  privileges, 
and  be  subject  to  all  the  duties,  restrictions  and  liabilities 
set  forth  in  the  general  laws  which  now  are,  or  hereafter 
may  be  in  force,  relating  to  railroad  corporations,  so  far  as 
the  same  may  be  applicable  thereto. 
To  be  located  SECTION  3.  This  act  shall  take  effect  upon  its  passage, 
7ears'^an°d"^con-  aud  shall  be  void  unless  the  railroad  hereby  authorized  to 
8i^velr8^'*^'°  be  constructed  shall  be  located  within  four  years,  and  con- 
structed within  six  years,  from  the  passage  thereof. 

Approved  May  20,  1870. 


SIX  years. 


Chap.  272 


An  Act  to  change  the  name  of  the  congregational  sabbath 
school  and  publishing  society  of  boston,  to  the  congre- 
gational publishing  society  of  boston. 

Be  it  enacted,  Sj'c,  as  follows  : 

Name  changed      SECTION  1.     The  Congregational  Sabbath  School  and  Pub- 

tfonai^PubTifh-  lishing  Society  of  Boston,  shall  take  the  name  of  the  Congre- 

ing  Society."      gational  Publishing  Society  of  Boston,  and  shall  thereafter 

be  known  by  said  name,  and  by  said  name  shall  have,  hold 

and  enjoy  all  its  rights  and  privileges,  and  be  subject  to  all 

its  liabilities  and  obligations,  to  the  same  extent  as  if  its 

name  had  not  been  changed. 

Gifts,  devises,       SECTION  2.     Any  gift,  dovisc,  bcqucst  or  legacy,  which  has 

under°new^^'*^  bccu,  or  may  hereafter  be  given  or  made  to  said  society, 

under  any  name  it  has  heretofore  had,  shall  be  held,  enjoyed 


name. 


1870.— Chapters  273,  274,  275.  195 

and  appropriated  by  said  society  under  its  new  name,  in  like 
manner  and  to  the  same  purposes  as  it  would  have  been  if 
said  name  had  not  been  changed. 

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

Approved  May  20,  1870. 
An  Act  relating  to  the  printing  of  certain  public  reports  njidv)  273 

AND   DOCUMENTS.  "' 

Be  it  enacted,  Sfc,  as  folloios : 

Section  1.     The  provisions  of  section  two  of  chapter  four  Reports  of 
of  the  General  Statutes  are  hereby  so  amended,  as  to  exclude  sioner  a^'nd^"'**' 
the  reports  of  the  state  liquor  commissioner  and  of  the  Rains-  fsianfhi^spitai. 
ford  Island  hospital  from  the  printed  series  of  public  docu- 
ments, and  also  from  the  series  of  annual  reports  of  public 
officers,  boards,  and  institutions,  which  the  secretary  of  the 
Commonwealth  is  now  required  to  lay  before  the  legislature 
in  a  printed  form. 

Section  2.     The  edition  of  the  annual  report  of  the  adju-  Report  of  the 
tant-general  shall  hereafter  be  limited  to  two  thousand  five  ai'iimite'l  to^*^' 
hundred  copies,  of  which  one  thousand  five  hundred  copies  five  hundred*^ 
shall  be  delivered  to  the  department  of  the  adjutant-general  copies. 
for  such  distribution  as  he  may  direct. 

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

Approved  May  25,  1870. 


Chap.  274 


An  Act  relating  to  the  publication  of  criminal  statistics. 
Be  it  enacted,  Sfc,  as  follows : 

Section  fourteen  of  chapter  fourteen  of  the  General  Stat-  Amendment  to 
utes  is  hereby  amended  by  striking  out  the  following  words  ^•^■^^'^  ^*- 
at  the  close  of  the  section :  "  and  append  the  same  to  the 
annual  report  of  the  attorney-general." 

,Approved  May  25,   1870. 

An  Act  to  facilitate  the  transaction  of  business  in  probate  QJi(i<n   975 

courts.  ■^' 

Be  it  enacted,  Sfc,  as  follows: 

Section  1.  Judges  of  the  probate  courts  may  transact  .ludges  of  pro- 
business  out  of  court  at  any  time  and  place,  when  all  parties  actb^mes7?ut 
entitled  to  notice  therein  assent  thereto  in  writing,  or  volun-  "ii  "^parties^'^as" 
tarily  appear ;  entering  their  decrees  in  such  cases  as  of  ^^'^^  ^^  writing, 
such  sessions  of  the  court  as  the  convenience  of  the  parties 
requires. 

Section  2.     Chapter  four  hundred  and  twenty-four  of  the  Repeal, 
acts  of  the  year  eighteen  hundred  and  sixty-nine  is  hereby 
repealed.  Approved  May  25, 1870. 


196  1870.— Chapters   276,  277,  278. 

Chav.  276  ^^  ^^^  "^^  amend  an  act  concerning  railroad  bridges  and 

-''  '  BRIDGE    GUARDS. 

Be  it  enacted,  Sfc,  as  follows  : 
Amendment  to  SECTION  1.  Section  One  of  chapter  three  hundred  and 
1869,  ,  .  gjgjj^  Qf  ii^Q  acts  of  the  year  eighteen  hundred  and  sixty-nine, 
is  hereby  amended,  by  striking  out  the  words  "  county  com- 
missioners of  the  county  within  which  such  bridge  shall  be 
located,"  and  inserting  in  place  thereof  the  words  "  board  of 
railroad  commissioners ; "  and  section  two  of  said  act  is 
hereby  amended,  by  striking  out  the  words  "  county  com- 
missioners of  the  county  within  which  such  bridge  is 
located,"  and  inserting  in  place  thereof  the  words  "  board  of 
railroad  commissioners." 

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

Approved  May  25,  1870. 
Chan  277  "^  "^^^  concerning  the  oaths  of  executors,  administrators 

"'  AND   guardians   ASKING   LEAVE    TO    SELL   REAL   ESTATE. 

Be  it  enacted,  Sfc,  as  follows  : 
Oath  of  execu-      SECTION  1.     The  oath  required  by  law  to  be  taken  by  an 
leave  to  sell  re"a1  cxccutor,  administrator,  or  guardian,  before  fixing  on  the 
filed  ^an™^time  ^^^^  ^^^  placc  of  salc  of  real  estate  under  a  license  of  the 
before  license    probate  court,  may  be  filed  in  the  probate  office  at  any  time 

before  the  license  is  issued. 

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

Approved  May  25,  1870. 


issues. 


Chap.  278 


An  Act  to  confirm  the  doings  of   the   board   of   aldermen 

OF   the   city   of   SPRINGFIELD,   IN   LOCATING  AND   CHANGING    THE 
GRADE   OF   CERTAIN   STREETS. 

Be  it  enacted,  Sfc,  as  follows  : 

Doings  of  alder-  Section  1.  The  doiugs  of  tlic  board  of  aldermen  of  the 
field  in^iocating  city  of  Springfield,  sinfie  the  seventeenth  day  of  June,  in  the 
streeti'^con"^  J^^^  eighteen  hundred  and  sixty-seven,  in  locating,  widen- 
firmed.'  ing,  changing  the  grade  of,  or  otherwise  altering  the  follow- 

ing streets  in  said  city,  to  wit:  Townsley  Avenue,  Grant 
Street,  King  Street,  D  wight  Street,  Willow  Street,  Morris 
Street,  Linden  Street,  Loring  Street,  Congress  Street,  Maple 
Street  and  Osgood  Street,  and  the  award  and  payment  of 
damages  therefor,  are  hereby  ratified  and  confirmed,  so  far 
that  every  such  location,  widening,  change  of  grade,  or  other 
alteration,  award  and  payment  of  damages  shall  be  deemed 
Talid  and  legal. 
Party  aggrieved  SECTION  2.  Any  party  aggrieved  by  any  such  award  of  dam- 
KtoSe""^^  ages,  may  have  a  jury  to  determine  the  same,  upon  applica- 

damages. 


1870.— Chapters  279,  280.  197 

tiou  therefor,  as  now  provided  by  law,  within  one  year  after 
this  act  shall  take  effect. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  25,  1870. 


An  Act  to  extend  the  time  for  the  location  and  construc- 
tion   OF    the    W 
other  purposes. 


TION     OF     THE     WEST     AMESBURY     BRANCH     RAILROAD,     AND     FOR 


Chap.  279 


Be  it  enacted^  §"c.,  as  follows  : 

Section  1.     The  time  for  the  location  and  construction  of  Time  for  loca- 
the  railroad  of  the  West  Amesbury  Branch  Railroad  Com-  structron 
pany  is  hereby  extended  two  years.  extended. 

Section  2.     Said  railroad  company  is  hereby  authorized  to  May  seii  or 
sell  or  lease  its  railroad,  franchise  and  other  property  to  any  oTothef  pfop- 
other  railroad  company,  or  to  contract  with  any  other  railroad  ^'■*^' 
company  for  the  use  and  operation  of  said  railroad ;  and  any 
railroad  company  is  hereby  authorized  to  purchase  or  hire 
said  railroad,  franchise  and  other  property,  or  to  contract 
with  said  railroad  company  for  the  use  and  operation  of  said 
railroad. 

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

Approved  May  25,  1870. 
An  Act  to  incorporate   the   odd   fellows'  building  associa-  Qhnv)  OgO 

TION,   IN   GEORGETOWN.  ■^' 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.    Alfred  B.  Noyes,  George  H.  Carleton,  William  Corporators. 
K.  Lambert,  their  associates  and  successors,  are  hereby  made 
a  corporation  by  the  name  of  the  Odd  Fellows'  Building  As-  Name  and  pur- 
sociation,  in  the  town  of  Georgetown,  for  the  purpose  of  ^°^^' 
erecting  a  building  in  the  town  of  Georgetown,  and  main- 
taining the  same  for  the  accommodation  and  purposes  of  an 
Odd  Fellows'  hall,  lectures  and  any  other  lawful  purpose ; 
with  all  the  powers  and  privileges,  and  subject  to  all  the  Powers  and  du- 
duties,  restrictions  and  liabilities  set  forth  in  all  general  laws 
of  this  Commonwealth,  which  now  are  or  may  hereafter  be 
in  force,  so  far  as  applicable  to  such  corporations. 

Section  2.     Said  corporation  shall  have  a  capital  stock  Capital  stock 
not  exceeding  fifty  thousand  dollars,  divided  into  shares  of  ^^^  ^'^^'^s- 
one  hundred  dollars  each,  and  may  hold,  for  the  purposes 
aforesaid,  real  and  personal  estate  not  exceeding  the  amount 
of  the  capital  stock:  provided,  that  said  corporation  shall  Not  to  incur  iia- 
incur  no  liability  until  ten  thousand  dollars  of  its  capital  $ioJooocash 
stock  has  been  actually  paid  in  in  cash.  has  been  paid 

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

Approved  May  26,  1870. 


198 


1870.— Chapters  281,  282. 


CAap.281 


Mass.  Grand 
Lodge  of 
Knights  of  St. 
Crispin  incor- 
porated. 


Powers  and  du- 
ties. 


Investment  of 
funds. 


Real  and  per- 
sonal estate. 


First  meeting 
of  corporation. 


An  Act  to  incorporate  the  Massachusetts  grand  lodge  of 

THE   knights   of    SAINT    CRISPIN.  , 

Be  it  enacted,  ^c,  as  follows  : 

Section  1.  Galen  B.  Pratt,  N.  W.  Stoddard,  W.  A.  Snow, 
and  their  associates,  the  officers  and  members  of  the  volun- 
tary association  known  as  the  Massachusetts  Grand  Lodge  of 
the  Knights  of  Saint  Crispin,  and  their  successors,  are  hereby 
incorporated  under  the  name  of  the  Massachusetts  Grand 
Lodge  of  the  Knights  of  Saint  Crispin,  to  be  located  in  the 
city  of  Boston,  for  the  purpose  of  managing  and  administer- 
ing the  funds  belonging  to  said  voluntary  association. 

Section  2.  Said  corporation  shall  have  all  the  powers 
and  privileges,  and  be  subject  to  all  duties,  liabilities  and 
restrictions  set  forth  in  all  general  laws  relating  to  corpora- 
tions which  now  are,  or  hereafter  may  be  in  force  in  this 
Commonwealth,  so  far  as  the  same  are  applicable  to  corpora- 
tions for  charitable  purposes. 

Section  3.  Said  corporation  may  invest  any  of  the  funds 
belonging  thereto  in  the  stock  of  any  cooperative  association 
duly  organized  under  the  provisions  of  chapter  two  hundred 
and  ninety  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-six,  or  of  chapter  two  hundred  and  twenty-four  of  the 
acts  of  the  present  year,  and  such  subscription  may  be  to  the 
extent  of  five  thousand  dollars  in  any  one  association. 

Section  4.  Said  corporation  may  take  and  hold  by  gift, 
grant  or  purchase,  real  and  personal  estate,  not  exceeding  in 
value  the  sum  of  one  hundred  thousand  dollars. 

Section  5.  Said  Galen  B.  Pratt  is  hereby  authorized  to 
call  the  first  ^meeting  of  said  corporation,  by  advertisement 
in  two  newspapers  printed  in  Boston,  one  week  previous 
thereto,  and  appoint  the  time  and  place  thereof,  at  which 
meeting  the  mode  of  calling  future  meetings  shall  be 
regulated. 

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

Approved  May  26,  1870. 


Chat)  282  "^  "^^^  ^^  addition  to  an  act  in  relation 


Commissioners 
of  Hampden 


to  a  free  bridge 
across  the  connecticut  river  between  holyoke  and  south 

HADLEY. 

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

Section  1.     The  county  commissioners  of  the  counties  of 


and  Haiupsiiire  Hampden  and  Hampshire  are  hereby  authorized  to  negotiate 

wfthl^ny  corpo-  ^^^  coutract  in  behalf  of  their  respective  counties,  with  the 

brid°  e*^""^  "^'^  °^  Comiecticut  River  Railroad  Company,  or  any  other  railroad 

corporation  or  corporations,  for  the  use  of  a  portion  of  the 

bridge  authorized  by  the  act  of  the  present  legislature,  to 

which  this  act  is  in  addition,  to  be  laid  out  and  constructed 


1870.— Chapter  283.  199 

over  the  Connecticut  River,  between  the  towns  of  Holyoke 
and  South  Hadley,  upon  such  terms  and  conditions  as  may- 
be deemed  just  and  equitable,  and  may  adapt  the  bridge  to    • 
such  use :  provided^  that  in  any  such  contract  there  shall  be  Proviso, 
reserved  to  the  county  commissioners  of  said  counties  the 
power  to  alter  or  annul  the  same,  upon  reasonable  notice, 
whenever  in  their  judgment  the  public  good  shall  require  it; 
and  provided,  further,  that  no  contract  shall  be  made  with  Proviso, 
any  one  corporation  under  the  provisions  of  this  section  to 
the  exclusion  of  others  who  may  need  or  desire  a  joint  occu- 
pancy or  use  of  said  bridge. 

Section  2.     The  Connecticut  River  Railroad  Company  or  corporations 
any  other  railroad  corporation  or  corporations,  are  hereby  contracrwith 
authorized  to  negotiate  and  contract  with  said  counties  of  itSpden®  ^^^ 
Hampden  and  Hampshire  for  the^  purposes  mentioned  in  the  counties. 
preceding  section. 

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

Approved  May  27,  1870. 


An  Act  for  the  layixg  out  of  one  or  more  public  parks  in 

OR  NEAR   the   CITY   OF    BOSTON. 


Chap.  283 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     The  governor,  with  the  advice  and  consent  of  Four  commis- 
the  council,  shall  as  soon  as  may  be  after  the  passage  of  this  Ipp^^nted  by 
act,  appoint  four  competent  commissioners,  who  shall  hold  fo^ur^others'^by 
their  offices  until  the  expiration  of  terms  of  two,  three,  four  city  councu  of 
and  five  years,  respectively,  from  the  first  day  of  January, 
eighteen  hundred  and  seventy.     The  governor  shall,  in  like 
manner,  before  the  first  day  of  January  in  each  year  after 
the  year  eighteen  hundred  and  seventy-one,  appoint  a  com- 
missioner to  continue  in  office  for  the  term  of  four  years 
from  said  day.     The  city  council  of  the  city  of  Boston  shall 
also   without  delay,  by  concurrent  vote   of  both   branches 
thereof,  appoint  four  other  Commissioners,  who  shall  hold 
their  offices  for  the  same  terms  as  the  four  commissioners 
first  to  be  appointed  by  the  governor  as  aforesaid ;  and  the 
said  city  council  shall  in  like  manner,  in  each  year  after  the 
present,  appoint  one  commissioner  to  continue  in  office  for 
the  term  of  four  years  from  the  first  day  of  January  then 
next  ensuing. 

Section  2.     Said   commissioners,  so   appointed   as  afore-  commissioners 
said,  shall,  with  the  mayor  of  the  city  of  Boston  for  the  time  Bosto™'to"con- 
being,  constitute  a  board  of  park  commissioners,  and  shall  park*co^i^^s-°* 
be  and  remain  a  corporation  for  the  purposes  set  forth  in  sioners. 
this  act,  and  any  vacancy  occurring  in  said  board  shall  be  vacancies. 
filled,  for  the  residue  of  the  term  of  the  commissioner  whose 


200  1870.— Chapter  283. 

place  is  to  be  filled,  in  the  same  manner  and  by  the  same 
authority  in  and  by  which  such  commissioner  was  originally 
appointed. 
Approval  of  SECTION  3.     No  actiou  of  Said  board  involving  an  expcudi- 

^li-ed  when      turc  of  ovcr  five  hundred  dollars  shall  be  final  and  binding 
overflvehuV^  uulcss  it   shall  have  received  the   approval   of  a  majority 
^ed^^o^iars  is    thereof,  and  no  member  of  said  board  shall  receive  any  com- 
pensation for  his  services,  but  each  commissioner  shall  be 
entitled  to  receive,  for  his  personal  expenses  incurred  in  the 
performance  of  his  duties  under  this  act,  a  sum  not  exceed- 
ing five  hundred  dollars  per  annum,  to  be  paid  from  the 
treasury  of  said  city. 
Board  may  lo-        SECTION  4.     Said  board  shall  have  power  to  locate,  in  or 
more  parks,  ap-  near  tlic  city  of  Bostou,  for  the  recreation,  health  and  benefit 
point  officers,    ^^  ^j^^  peoplc,  ouc  or  morc  public  parks,  and  for  that  pur- 
pose from  time  to  time  to  take  and  hold  by  purchase  or 
otherwise  any  and  all  such  lands  as  they  may  deem  desirable 
therefor,  to  lay  out,  improve,  govern  and  regulate  any  such 
park  or  parks,  and  the  use  thereof,  to  pass  ordinances  for 
the  regulation,  use  and  government  thereof;  and  for  breaches 
of  such  ordinances  to  affix  penalties  not  exceeding  twenty 
dollars  for  one  offence,  which  penalties  may  be  recovered  by 
said  board  to  its  own  use  on  complaint  before  the  municipal 
court  of  the  city  of  Boston  ;  to  appoint  all  necessary  engi- 
neers, surveyors,  clerks  and  other  officers,  including  a  police 
force  to  act  in  such  parks  ;  to  define  the  powers  and  duties 
of  such  officers  and  fix  the  amount  of  their  compensation ; 
to  take  and  hold  any  gifts,  bequests  or  devises  that  may  be 
made  to  them  for  the  purpose  of  improving  or  ornamenting 
any  of  said  parks,  and  generally  to  do  all  needful  acts  for 
the  proper  execution  of  the  powers  and  duties  granted  to  or 
Provisos.  imposed  upon  them  by  this  act :  provided,  however,  that  said 

board  shall  not  incur  an  expenditure  of  more  than  fifty  thou- 
sand dollars  during  any  one  year  in  the  care,  improvement 
and  ornamentation  of  any  lands  taken  by  them  under  this 
act ;  and  provided,  further,  that  in  case  any  land  outside  of 
the  limits  of  the  city  of  Boston  shall  be  located  under  this 
act,  such  land  shall  not  be  taken  or  laid  out  as  aforesaid 
until  such  action  shall  have  been  approved  within  sixty  days 
thereafter,  by  a  vote  of  two-tliirds  of  the  city  council  of  such 
city  within  which  such  land  lies,  or  a  majority  of  the  voters 
of  such  town  within  which  such  land  lies,  present  and  voting 
thereon,  at  a  legal  meeting  duly  called  for  that  purpose. 
To  file  descrip-  SECTION  5.  Said  board  shall,  within  sixty  days  after  the 
tXn°  taTe^is-  taking  of  any  land  under  this  act,  file  in  the  registry  of  deeds 
try  of  deeds,  f^p  ^j^g  couuty  whcrc  such  land  is  situated,  a  description 
thereof,  sufficiently  accurate  for  identifying  the  same. 


missioners. 


1870.— Chapter  283.  201 

Section  6.  Said  board  shall  estimate  and  determine  all  to  estimate 
damages  sustained  by  any  persons  by  the  taking  of  land  or  land^tHen."^ 
other  acts  of  said  board  in  the  execution  of  the  powers  vested 
in  them  by  this  act ;  but  any  party  aggrieved  by  any  such 
determination  of  said  board  may  have  his  damages  assessed 
by  a  jury  of  the  superior  court,  in  the  county  where  the  land 
lies,  in  the  same  manner  as  is  provided  by  law  with  respect 
to  damages  sustained  by  reason  of  the  laying  out  of  ways  in 
the  city  of  Boston. 

Section  7.     The  city  of  Boston  shall  in  the  first  instance  Boston  to  pay 
be  liable  to  pay  all  damages  assessed  or  determined  as  pro-  sesTJ'cf^by'^TOm- 
vided   in   the   preceding   section,  and   all   other   costs  and 
expenses  incurred   by  said   board  in  the  execution  of  the 
powers  vested  in  them  by  this  act. 

Section  8.     The  supreme  judicial  court,  or  any  justice  commissioners 
thereof,  shall,  from  time  to  time,  not  oftener  than  once  in  j^'^alo^ appor- 
two  years,  upon  application  of  the  city  of  Boston,  appoint  betwelTikfs- 
three  commissioners,  who  after  having  been  sworn  to  the  *  i^ces *^  "^"^^"^ 
faithful  and  impartial  discharge  of  their  duties,  and  after 
diie  notice  to  and  fully  hearing  all  parties  interested,  shall 
determine  and  decree  what  proportion,  if  any,  of  moneys 
previously  paid  by  the  city  of  Boston  under  the  preceding 
section,  shall  be  refunded  to  said  city  by  any  other  cities  and 
towns  which  may  have  been  benefited  by  the  expenditure  of 
such  moneys,  apportioning  the  amount  to  be  paid  by  each 
city  or  town  according  to  the  benefit  accruing  to  each. 

Section  9.     The  determination  and  decree  of  such  com-  Determination 

•     .  p    ,1  •      -i.         i»    ;i  1     n    1  ,       .      of  commission- 

missioners,  or  oi  the  majority  oi  them,  shall  be  made  in  ers  to  be  wnd- 
writing  and  reported  to  the  supreme  judicial  court  and  to  cefted^by  s^ 
the  clerks  and  treasurers  of  each  of  tlie  cities  and  towns  •^-  ^• 
which  shall  be  decreed  by  them  to  pay  any  sums  of  money 
as   aforesaid,   and   such    determination   and   decree,   when 
accepted  and  after  judgment  entered  thereon  by  the  supreme 
judicial  court,  shall  be  final  and  binding  upon  all  parties. 
The  just  fees  and  expenses  of  said  commissioners  shall  be 
paid  by  such  of  said  cities  and  towns  as  the  said  commis- 
sioners shall  decree. 

Section  10.     Any  real  estate  which,  in  the  opinion  of  the  Real  estate 

vi/>  1  ..  in-  ^1  n.  1   benefited  may 

board  oi  park  commissioners,  shall  receive  any  benefit  and  be  assessed. 
advantage  from  the  locating  and  laying  out  of  a  park  under 
the  provisions  of  this  act,  may,  after  like  notice  to  all  parties 
interested  as  is  provided  by  law  to  be  given  by  the  board  of 
aldermen  of  the  city  of  Boston  in  cases  of  laying  out  of 
streets  in  said  city,  be  assessed  by  said  board  of  commission- 
ers for  a  proportional  share  of  the  expense  of  such  location 
and  laying  out :  provided^  that  the  entire  amount  so  assessed 

26 


202  1870.— Chapter  283. 

upon  any  estate,  shall  not  exceed  one-half  of  the  amount 
which   said   board   shall   adjudge   to   be   the  whole  benefit 
received  by  it. 
Assessments  to      SECTION  11.     No  asscssmcnt  shall  be  made  as  provided  in 
two  years;        the  preceding  scctiou  cxccpt  withiu  two  years  after  the  pas- 
sage of  the  order,  the  execution  of  which  causes  the  benefit 
for  which  the  assessment  is  made. 
— tobeuenup-      SECTION  12.     All  assessments  made  under  this  act  shall 
coUectediike     coustitutc   a  licu   upou   the   real  estate  so  assessed,  to  be 
taxes.  enforced  and  collected  by  the  city  of  Boston,  in  the  same 

manner  and  with  like  charges  for  costs  and  interest  as  is 
provided  by  law  for  the  collection  of  taxes ;  and  such  assess- 
ments may  be  apportioned  by  said  board  in  like  manner  as 
assessments  for  benefits  caused  by  the  laying  out  of  ways 
may  now  be  apportioned  by  the  board  of  aldermen  of  a  city. 
Parties aggriev-      SECTION   13.     Any   party   aggrieved    by   any   assessment 
fury^^^  ^"^^      made  by  said  board  as  aforesaid,  may  have  the  amount  of 
the  benefit  received  by  his  estate  assessed  by  a  jury  of  the 
superior  court  of  the  county  where  the  land  lies,  in  the  same 
manner  as  is'  provided  by  law  with  respect  to  damages  sus- 
tained by  reason  of  the  laying  out  of  ways  in  the  city  of 
Boston. 
Bonds  may  be      SECTION  14.     For  the  purposc  of  defraying  the  expenses 
to  "pV  ex"^*^^  incurred  by  any  city  or  town  under  the  provisions  of  this 
penses.  q^^^^  ^-^q  ^^ity  council  of  any  such  city,  or  the  selectmen  of 

any  such  town,  shall  have  authority  to  issue  from  time  to 
time,  and  to  an  amount  not  exceeding  the  amount  of  such 
expenses,  bonds  or  certificates  of  debt,  to  be  denominated  on 
the  face  thereof  the  Public  Park  Loan  of  such  city  or  town, 
and  to  bear  interest  at  such  rate  and  to  be  payable  at  such 
periods  as  such  council  or  selectmen  may  determine. 
Military  SECTION   15.     No    military   encampment,  parade,    drill, 

allowed  fn  park  rcvicw  or  othcr  military  evolution  or  exercise  shall  be  held 
o?boajd?°^^^^*  or  performed  on  any  park  laid  out  as  aforesaid,  except  with 
the  prior  consent  of  said  board ;  nor  shall  any  military  body, 
without  such  consent,  enter  or  move  in  military  order  within 
the  same,  except  in  case  of  riot,  insurrection,  rebellion  or 
war. 
Board  to  report      SECTION  16.     Said  board  sliall  annually,  ill  the  month  of 
govefilm'  *and    January,  make  to  the  governor  and  council  and  to  the  city 
councu  of*^Bo/  council  of  Bostou,  a  full  report  of  the  doings  of  said  board 
ton.  for  the  preceding  year,  including  a  detailed  statement  of  all 

their  receipts  and  expenditures  and  of  all  gifts,  bequests  and 
devises  received  by  them. 


1870.— Chapter  283.  203 

Section  17.  This  act  shall  not  take  full  effect  unless  f^^^J^^*  t^^  ^ 
accepted  by  two-thirds  of  the  legal  voters  of  the  city  of  Bos-  two-tuirds  of 
ton,  present  and  voting  thereon  by  ballot  and  using  the^  of  Boston^*' ^"^^ 
check-list,  at  meetings  which  shall  be  held  in  the  several 
wards  of  said  city,  on  the  Tuesday  after  the  first  Monday  of 
November  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  closed  at  sis  o'clock  in  the  afternoon  of  said 
day.  In  case  of  the  absence  of  any  ward  officer  at  any  ward 
meeting  in  said  city,  held  for  the  purpose  aforesaid,  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  ques- 
tion :  "  Shall  an  act  passed  by  the  legislature  of  the  Com- 
monwealth, in  the  year  eighteen  hundred  and  seventy, 
entitled  '  An  Act  for  the  laying  out  of  one  or  more  parks  in 
or  near  the  city  of  Boston '  be  accepted  ? "  Such  meetings 
shall  be  called,  notified  and  warned  by  the  board  of  alder- 
men of  said  city  in  the  same  manner  in  which  elections  for 
municipal  officers  are  called,  notified  and  warned. 

The  ballots  given  in  shall  be  assorted,  counted  and  Ballots  to  be 
declared  in  the  ward  meetings  in  which  they  are  given,  in  meetog.^^ "^^"^ 
open  ward  meeting,  and  shall  be  registered  in  the  ward 
records.  The  clerk  of  each  ward  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  number  of  ballots 
against  its  acceptance,  to  the  board  of  aldermen ;  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  to  certify  as  Return ^of  vote 
soon  as  may  be  the  number  of  ballots  cast  in  said  city  of  of  the  common- 
Boston,   and   the   number   of  ballots   cast  in  favor  of  the  ^^''^i^'^- 
acceptance  of  this  act,  and  the  number  of  ballots  cast  against 
said  acceptance,  to  the  secretary  of  the  Commonwealth ;  and 
if  it  shall  appear  that  two-thirds  of  the  votes  cast  is  in  favor 
of  the  acceptance  of  this  act,  the  said  secretary  shall  imme- 
diately issue  and  publish  his  certificate  declaring  this  act  to 
have  been  duly  accepted. 

Section  1^.     So  much  of  this  act  as  authorizes  and  directs  Question  of  ac- 
the  submission  of  the  question  of  acceptance  of  this  act  to  eiiectfortiiwith. 
the  legal  voters  of  said  city  of  Boston,  provided  for  in  the 
seventeenth  section  of  this  act,  shall  take  effect  upon  its 
passage.  Approved  May  27,  1870. 


204  1870.— Chapter  284. 

Chat)  284  -^  ■^^^  ^^^  ^^^  protection  of  the  fisheries  in  the  vicinity 

^'  OF  NANTUCKET. 

Be  it  enacted,  Sfc,  as  follows: 
Fish  not  to  be      SECTION  1.     It  shall  not  be  lawful  for  any  person  or  per- 
\^thfn  one°miie  sons  to  take  any  fish  with  any  kind  of  net,  or  to  set  any  net 
out  peraisTionl  foi"  the  purposG  of  taking  any  fish  therewith,  within  one  mile 

from  the  shores  of  Nantucket,  Tuckernuck,  Smith's,  Muske- 

gat  and  Gravel  Islands,  without  first  obtaining  permission  of 

the  selectmen  of  Nantucket, 
eadf offence  SECTION  2.     Every  person  violating  any  provision  of  this 

act,  shall  forfeit  and  pay  for  each  offence  a  sum  not  less  than 

fifty  nor  more,  than  five  hundred  dollars. 
Fish  wardens        SECTION  3.     The  town  of  Nautuckct  is  hereby  authorized 

to  be  chosen.       ,        ,  ,     ,i  i     ,  ,•  .  /• 

to  choose,  at  the  annual  town  meetnig,  or  at  any  meetmg 
duly  warned  for  that  purpose,  such  number  of  fish  wardens 
as  may  at  the  time  be  deemed  necessary,  who  shall  be  sworn 
to  the  faithful  discharge  of  their  duty,  whose  duty  it  shall  be 
to  prosecute  for  every  offence  against  any  provision  of  this 
act. 
Vessels,  &c.,         SECTION  4.     All  vcsscls,  boats,   Craft,   and   apparatus  of 
proyed"may'^be  cvcry  kind  cmploycd  in  taking  fish  contrary  to  the  provisions 
attached,  &c.     ^^  ^j^jg  ^^^^  ^^  having  on  board  any  such  fish  unlawfully 
taken,  shall  be  liable  for  any  fines,  penalties,  forfeitures  and 
costs  herein  provided  for,  and  may  be  attached  on  mesne 
process,  and  sold  on  execution  as  the  property  of  the  person 
or  persons  offending  by  the  use  thereof.     And  it  shall  be  the 
duty  of  said  fish  wardens  to  seize  such  vessel,  boat,  craft  or 
apparatus,  and  detain  the  same  not  exceeding  forty-eight 
hours,  in  order  that  the  same  may  be  attached  or  arrested 
Proviso.  by  (jue  process  of  law :  provided,  however,  that  as  soon  as 

the  master  or  owner  of  such  vessel,  boat,  craft  or  apparatus 
shall  pay  the  penalty  required  by  the  fish  wardens,  to  the 
treasurer  of  the   town   of   Nantucket,   together  with    the 
accrued  costs,  such  vessel,  boat,  craft  or  apparatus  shall  be 
discharged  with  the  effects  therein  ;  and  the  ninth  clause  of 
section  thirty-two  of  chapter  one  hundred  and  thirty-three  of 
the  General  Statutes  is  hereby  so  modified  that  it  shall  not 
apply  to  boats,  fishing-tackle,  and  nets  taken  under  the  pro- 
visions of  this  act. 
|^nes,&c.,tobe      SECTION  5.     All  fiucs,  penalties  and  forfeitures  recovered 
tween  treasurer  and  reccivcd  by  virtuc  of  this  act,  shall  go,  on^-half  to  the 
and  Ksi?*'^^'^     treasurer  of  the  town  of  Nantucket,  for  the  use  of  said  town, 
wardens.  ^\^q  other  half  to  the  fish  warden  or  fish  wardens  commencing 

the  action  ;  and  said  fines,  penalties  and  forfeitures  may  be 
recovered,  together  with  legal  costs  of  suit,  by  an  action  of 
tort  in  any  court  of  record  proper  to  try  the  same. 


1870.— Chapters  285,  286.  205 

Section  6.     Chapter  six  of  the  acts  of  the  year  eighteen  Repeal. 
hundred  and  fifty  ;  chapter  one  hundred  and  fifty-six  of  the 
acts  of  the  year  eighteen  hundred  and  fifty-five,  and  chapter 
ninety-five  of  the  acts  of  the  year  eighteen  hundred  and  fifty- 
eight  are  hereby  repealed. 

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

Approved  May  27,  1870. 

An  Act  concekning  probate  bonds.  Chap.  285 

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

Section  1.     Whoever  is  appointed  administrator  with  the  Administrator 
will  annexed,  shall,  before  entering  on  the  execution  of  his  nexedTd'gfve 
trust,  give  bond  to  the  judge  of  the  probate  court  in  like  g°eg^/^®  *° 
manner  and  with  like  condition  as  is  required  of  an  execu- 
tor ;  but  when  such  administrator  with  the  will  annexed  is 
residuary  legatee,  the  judge  may  permit  him,  instead  of  giv- 
ing such  bond,  to  give  the  bond  prescribed  in  section  three 
of  chapter  ninety-three  of  the  General  Statutes,  with  like 
effect  as  though  he  was  nominated  executor  in  the  will. 

Section  2.     Section  eight  of  chapter  ninety-three  of  the  Repeal. 
General  Statutes  is  hereby  repealed. 

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

Approved  May  27,  1870. 


Chap.  286 


An  Act  providing  for  the  establishment  of  true  meridian 
lines,  and  for  regulating  the  practice  of  surveying  in 
this  state. 

Be  it  enacted,  Sfc,  as  follows : 

Section  1.    It  shall  be  the  duty  of  the  county  commission-  True  meridian 
ers  of  each  county  of  this  Commonwealth,  within  one  year  er«fcted°  8^1*^0011. 
from  and  after  the  passage  of  this  act,  to  erect  on  land  situ-  [n°v^ryPou*'ntV 
ated  in  the  county,  at  such  place  or  places  in  the  several  for  use  of  sur- 
counties  as  the  public  convenience  may  require,  and  under  ^^^°''^' 
the  direction  of  a  commissioner  to  be  appointed  by  the  gov- 
ernor and  council,  a  true  meridian  line  or  lines,  to  be  per- 
petuated by  substantial  stone  posts  or  pillars,  upon  whose 
summits  shall  be  firmly  and  immovably  fixed  brass  or  copper 
points  to  indicate  the  true  range  of  such  meridian  ;  the  said 
posts  or  pillars  to  be  and   to   remain  the  property  of  the 
county  wherein  the  same  shall  be  located,  under  the  custody 
and  care  of  the  county  commissioners  of  said  county,  to  be 
free  to  the  access  of  any  surveyor  or  civil  engineer  residing 
in  said  county,  or  engaged  in  surveying  therein,  for  the  pur- 
pose of  testing  the  variation  of  the  compass  for  the  time 
bemg ;  and  the  expense  attending  the  same  shall  be  paid 
from  the  treasury  of  the  several  counties.     The  county  com- 
missioners in  any  county,  may  purchase  on  behalf  of  their 


206 


1870.— Chapter  286. 


Pillars  and 
posts,  how  to 
be  erected. 


Land  surveyors 
to  adjust  com- 
pass annually. 


Record  to  be 
kept  of  the  va- 
riation of  com- 
pass of  each 
surveyor. 


Penalty  on  sur- 
veyor for  neg- 
lect, &c. 


Governor  to 
appoint  com- 
missioner to 
superintend 
erection  of 
posts,  verify 
meridian  lines, 
&c.         , 


county,  the  right  to  erect  and  maintain  the  posts  or  pillars, 
provided  for  by  this  act,  with  rights  of  way  thereto,  and  may 
take  grants  to  their  county,  of  such  rights. 

Section  2.  Said  pillars  or  posts  shall  be  constructed  and 
erected  in  the  following  manner.  Each  post  shall  be  of 
granite  or  other  equally  durable  stone,  shall  be  at  least  eight 
feet  in  length,  eighteen  inches  square  at  the  base,  and  one 
foot  square  at  the  top  ;  three  posts  of  this  description  shall 
be  erected  in  an  exact  line  north  and  south,  and  distant  from 
each  other  not  less  than  two  hundred  feet ;  these  stone  pil- 
lars shall  be  set  firmly  in  the  ground,  and  protected  from 
upheaval  by  the  frost.  The  top  of  each  post  shall  be  tapered 
to  a  square  or  circle  of  eight  inches  diameter,  on  which  shall 
be  placed  a  brass  or  copper  cap  of  circular  form  on  which 
shall  be  plainly  engraved  a  cross  indicating  the  four  cardinal 
points  and  marked  by  the  letters  N.  S.  E.  W.,  or  the  words 
North,  South,  East,  West,  each  letter  or  word  on  its  relative 
arm  or  point;  the  said  brass  or  copper  cap  to  be  firmly 
fastened  to  the  pillar  either  by  brass  or  copper  bolts. 

Section  3.  It  shall  be  the  duty  of  every  land  surveyor  in 
the  state,  at  least  once  in  every  year,  to  adjust  and  verify  his 
compass  by  the  meridian  line  so  established  in  the  county 
wherein  his  surveys  are  to  be  made,  and  to  insert  in  his  field 
notes,  the  true  as  well  as  the  magnetic  bearings  of  the  lines 
of  his  surveys,  and  the  day  on  which  the  lines  were  run. 

Section  4.  It  shall  be  the  duty  of  the  commissioners  of 
the  several  counties  aforesaid,  to  procure  a  book  of  records 
to  be  kept  by  the  clerk  of  the  courts,  or  any  person  appointed 
by  the  county  commissioners  to  keep  said  book  of  records, 
which  shall  be  accessible  to  all  persons  wishing  to  refer 
thereto,  and  every  surveyor,  on  having  adjusted  his  compass 
as  aforesaid,  shall  enter  therein  the  variation  of  his  compass 
from  the  true  meridian,  whether  east  or  west,  and  shall  sub- 
scribe his  name  and  affidavit  thereto. 

Section  5.  Any  surveyor  who  shall  neglect  or  refuse  to 
comply  with  the  provisions  of  this  act,  shall  for  every  such 
neglect  or  refusal  be  subject  to  a  fine  of  ten  dollars,  to  be 
recovered  on  complaint  made  before  any  court  of  competent 
jurisdiction,  one  half  to  be  paid  to  the  person  making  the 
complaint  and  the  other  half  to  the  county  within  which 
such  complaint  shall  be  made. 

Section  6.  It  shall  be  the  duty  of  the  governor  and  coun- 
cil to  appoint  some  competent  person  as  commissioner  to 
superintend  the  erection  of  said  posts  or  pillars,  and  to 
inspect  and  verify  by  astronomical  observations,  the  meridian 


1870.— Chapter  287.  207 

lines  so  established,  who  shall  make  a  report  of  his  doings  f^'^^Q^^to^'^ 
thereon,  with  a  full  and  accurate  description  of  the  monu-  governor  and 
ments,  the   latitude  and   longitude   of  the  same ;  also  the  °°^'^^^- 
declination  of  the  needle  for  the  time  being,  upon  each  of 
the  said  meridian  lines,  and  deposit  a  record  thereof  with  the 
clerk  of  the  courts  in  each  of  the  counties  aforesaid  ;  and  the 
said  commissioner  shall  be  paid  for  his  services  from  the 
treasury  of  the  Commonwealth,  such  compensation  as  by 
the  governor  and  council  may  be  deemed  equitable  and  just. 

Section  7.  Any  person  or  persons  who  shall  wilfully  dis-  Penalty  for  in- 
place,  alter,  deface,  destroy  or  otherwise  injure  any  of  the  ifxtufes^"^*^  °^ 
posts  or  fixtures  thereof,  shall  be  punished  upon  complaint 
and  conviction,  before  any  court  of  competent  jurisdiction, 
by  fine  not  exceeding  two  hundred  dollars,  one  half  to  be 
paid  to  the  complainant,  and  the  other  half  to  the  county 
wherein  such  offence  may  have  been  committed. 

Approved  May  27,  1870. 

An  Act    making    appbopriations    from    the    funds  and    the  QJkiy)   987 
income    of    the    funds  herein  mentioned,  and  for  other  ^  ' 

purposes. 

Be  it  enacted,  Sfc,  as  follows : 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropriations 
priated,  to  be  paid  out  of  the  funds  and  the  income  of  the  '^'^*''°"^^'^- 
funds,  or  out  of  the  treasury  of  the  Commonwealth,  as  speci- 
fied, to  wit : 

The  income  of  the  Rogers  book  fund  shall  be  expended  in  Rogers  book 
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  Todd  normal 
to  the  treasurer  of  the  board  of  education,  to  be  applied  in  income.^'^'*' 
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  Indian  school 
according  to  the  provisions  of  chapter  thirty-six  of  the  Gen-  ^"''^'  '°*="^™®- 
eral  Statutes. 

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

Section  2.  The  sums  mentioned  in  this  section  are  appro-  charies  river 
priated,  to  be  paid  out  of  the  Charles  River  and  Warren  bridge  fund!^ 
Bridge  fund,  for  the  year  eighteen  hundred  and  seventy,  to  272^'^^'  ^^^^' 
wit: 


•• 


208 


1870.— Chapter   287. 


ON   ACCOUNT   OF   THE   CHARLES  RIVER  BRIDGE. 

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

For  horse-keepiiig,   a   sum   not  exceeding  six  hundred 
dollars. 
Lights  and  fuel.      For  gas,  oil,  fiuid,  and  fuel,  a  sum  not  exceeding  nine 
hundred  dollars. 

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

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


Charles  river 
bridge,  repairs. 

Horse-keeping. 


Incidental  ex 
penses. 


Draw-tender. 


ON   ACCOUNT  OF   WARREN    BRIDGE. 

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

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

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

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


Warren  bridge, 
repairs. 


Lights  and  fuel. 


Incidental  ex' 
penses. 


Draw-tender. 


Commissioners 
of  public  lands. 
Clerical  assist- 
ance, &c. 
1857,70;  1860, 
200;  1864,313. 


Harbor  com- 
missioners, 
compensation 
and  expenses. 
1866,  U9. 


Bureau  of  sta- 
•  tistics    on    sub- 
ject of  labor. 
1869,  102. 
Board  of  health. 
1869,  420. 

Commissioners 
on  Cape  Cod 
harbor,  com- 
pensation. 


MISCELLANEOUS. 

Section  3.  For  the  compensation  of  the  commissioners  on 
public  lands,  and  for  such  clerical  assistance  as  they  may  find 
necessary,  a  sum  not  exceeding  three  thousand  dollars,  and 
for  contingent  and  incidental  expenses  of  said  commissioners, 
a  sum  not  exceeding  three  hundred  dollars ;  said  sums  to  be 
paid  from  the  moiety  of  the  proceeds  of  sales  applicable  to 
improvements.  And  the  residue  of  said  moiety  is  hereby 
appropriated  to  be  applied  and  used  in  accordance  with  the 
statutes. 

For  compensation  and  expenses  of  the  harbor  commission- 
ers, a  sum  not  exceeding  ten  thousand  dollars,  payable  upon 
vouchers  properly  approved  and  filed  with  the  auditor  for 
his  certificate. 

For  expenses  of  the  bureau  of  statistics  on  the  subject  of 
labor,  a  sum  not  exceeding  five  hundred  dollars. 

For  expenses  of  the  board  of  health,  a  sum  not  exceeding 
five  thousand  dollars. 

For  the  compensation  of  the  commissioners  on  the  Cape 
Cod  harbor  for  the  year  eighteen  hundred  and  sixty-nine,  a 
sum  not  exceeding  eight  hundred  eighty-two  dollars,  payable 


1870.— Chapter  288.  209 

from  the  proceeds  of  the  coast  defence  scrip,  transferred  from 
the  coast  defence  fund  to  the  treasury,  under  the  provisions 
of  chapter  three  hundred  and  thirty-nine  of  the  acts  of 
eighteen  hundred  and  sixty-eight. 

In  the  resolve,  chapter  five,  of  the  present  year,  providing  ^Q^g|.g"j^^"sta^t, 
for  the  completion  of  dwelling-houses  at  the  state  prison,  a  prison, 
sum  not  exceeding  five  thousand  dollars. 

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

Approved  May  27,  1870. 


An  Act  in  addition  to  an  act  establishing  the  state  work-  QJiav)^  288 

HOUSE   AT    BRIDGEWATER.  -^  * 

Be  it  enacted,  Sj^c,  as  follows  : 

Section  1.     Any  inmates  of  either  of  the  state  almshouses  inmates  of  state 

,  .,,.•'  /..IT  •■•  c  i.-j    almshouse  may 

vrho  come  withm  any  of  tiie  descriptions  of  persons  contained  be  sentenced  to 
in  section  twenty-eight  of  chapter  one  hundred  and  sixty-  uo'^use^'''^''" 
five  of  the  General  Statutes,  may,  on  conviction  thereof 
before  a  trial  justice  or  the  superior  court,  be  sentenced  to 
the  state  workhouse  for  a  term  not  less  than  three  months, 
nor  more  than  two  years.  The  complaint  shall  in  such  cases 
be  made  and  prosecuted  by  the  general  agent  of  the  board 
of  state  charities  or  some  person  under  his  direction. 

Section  2.     In  all  complaints  under  this  act,  the  offence  ^i^f"fj^,*°g^ 
charged  shall  be  distinctly  set  forth,  aivd  when  defendant  is  fortii  m  com- 
charged  with  being  a  lewd,  wanton  and  lascivious  person,  in  ^'"'"^*^' 
speech  and  behavior,  it  shall  not  be  deemed  evidence  of  the 
charge,  to  show  that  she  is,  at  the  time,  pregnant  with,  or 
has  been  delivered  of  an  illegitimate  child. 

Section  3.  Any  person  sentenced  as  provided  in  the  first  Punishment  for 
section  of  this  act,  or  in  the  first  section  of  chapter  two  hun-  ^*^^^®" 
dred  and  fifty-eight  of  the  acts  of  eighteen  hundred  and 
sixty-nine,  who  escapes  or  attempts  to  escape  from  the  state 
workhouse,  or  from  the  custody  of  the  officer  while  being 
conveyed  to  said  workhouse,  may  be  pursued  and  reclaimed, 
and  upon  conviction  thereof,  shall  be  punished  by  confine- 
ment ill  the  workhouse  for  not  more  than  six  months  in 
addition  to  the  previous  sentence. 

Section  4.     The  fifth  section  of  chapter  one  hundred  and  Repeal, 
ninety-eight  of  the  acts  of  eighteen  hundred  and  sixty-six,  is 
hereby  repealed. 

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

Approved  May  27,  1870. 

27 


210  1870.— Chapters  289,  290.     . 

ChaT)    289   ^^   ^^^   ^^    authorize  the  town  of  SALISBURY  TO  SUBSCRIBE  FOR 
"'  THE   STOCK   OR   SECURITIES   OF    THE  EXETER  AND   SALISBURY  RAIL- 

WAY COMPANY. 

Be  it  enacted,  Sfc,  as  follows : 
Salisbury  may        SECTION  1.     The  town  of  Salisbury  may  subscribe  for  and 

take  stock  in,,,,  n,  •      ■,  i  ■,''  .   •  pit-i 

Exeter  and  nold  sliarcs  01  the  capital  stock  or  the  securities  oi  the  Jlixe- 
way  (>mpany;  tcr  and  Salisbury  Railway  Company,  a  corporation  formed 
by  the  union  of  the  Salisbury  Railroad  Company  and  the 
Exeter  Railway  Company,  of  New  Hampshire,  to  an  amount 
not  exceeding  five  per  centum  of  the  valuation  of  said  town, 
for  the  year  in  which  the  subscription  shall  be  made : 
—if  two-thirds  providecL  that  two-thirds  of  the  legal  voters  of  said  town, 

01  lefiTfll  voters 

so  decide.  proscnt  and  voting  by  ballot,  and  using  the  check-list,  at  a 
legal  meeting  duly  called  for  the  purpose,  shall  vote  to  sub- 

Proviso.  scribe  for  such  shares  or  securities  ;  and  provided,  also,  that 

the  total  amount  of  all  subscriptions  of  said  town,  which 
have  been  or  may  be  made  to  the  stock  or  securities  of  any 
railroad  corporation  or  corporations  under  authority  of  this 
or  any  previous  act,  shall  not  exceed  five  per  centum  of  the 

for^gh™ef  ou't  ^^scsscd  valuatiou  of  said  town.     Said  town  may  pay  for 

of  the  treasury,  such  sliarcs  Or  secui'ities,  SO  votcd  to  be  taken,  out  of  its 

or  raise  money   .  -,  •  i        i  i  i  i 

by  loan  or  tax- treasury,  and   may  raise   by  loan   upon   bonds,  or  tax,  or 
ation.  otherwise,  any  and  all  sums  of  money  which  may  be  neces- 

sary to  pay  for  the  same,  and  may  hold  and  dispose  of  the 
Selectmen  to      same  like  other  town  property ;  and  the  selectmen  of  said 

represent  town   ,  ^  •    ii  i  r-         ,i  in 

at  meetings  of  towu,  or  any  agout  specially  chosen  lor  tiie  purpose,  shall 
corporation.      \^^^fQ  authority  to  represent  said  town  at  any  and  all  meet- 
ings of  said  corporation,  and  may  vote  on  the  whole  amount 
of  the  stock  so  held,  anything  in  chapter  sixty-three  of  the 
General  Statutes  to  the  contrary  notwithstanding. 

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

Approved  May  27,  1870. 

Chat).  290      -^^   ^^'^  CONCERNING   THE   ORDER   OF   TRIALS  IN   CRIMINAL   CASES. 

Be  it  enacted,  ^'c,  as  follows  : 
Court  may  or-      SECTION  1.     At  cach  term  of  the  superior  court  held  for 
torney  to  make  the  trial  of  Criminal  cases,  the  court  may  order  the  district- 
ina/cas*e°!*'"™  attorney,  before   the  trial  of  any  indictments,  or  appealed 
cases  commences,  or  at  any  time  during  the  trials  of  criminal 
cases,  to  make  up,  and  deposit  with  the  clerk,  for  the  inspec- 
tion of  all  parties,  a  list  of  all  the  cases  which  are  to  be  tried 
at  that  term,  or  which  are  to  be  tried  on  such  days  as  may 
be  designated,  during  the  term,  and  trial  shall  be  had  in  the 
ca^es  to^  i«  dis-  order  of  such  trial  list;  and  cases  shall  be  disposed  of  under 
derof  list.        Said  list,  according  to  the  practice  at  terms  of  said  court  for 
the  trial  of  civil  cases. 


1870.— Chapter  291.  211 

Section  2.     Cases  may  be  added  to  said  lists  by  direction  Cfi^5™*y^« 

.•'-,,..  ipij.  added  to  list. 

01  the  covirt  upon  motion  oi  the  district-attorney  or  deiendant 
for  good  cause  shown.  Approved  May  28,  1870. 

An  Act  providing  for  the  attachment  of  certain  kinds   of  Qfiap,  291 

PROPERTY   AND    FOR    THE    DISSOLUTION   OF    ATTACHMENTS.  -^ 

Be  it  enacted,  ^v.,  as  follows: 

Section  1.     The  shares  or  interest  of  a  stockholder  in  any  interest  of 

*f    StOCknoIuGr  in 

corporation  organized  under  the  laws  of  the  United  States,  corporation  or- 
and  located  or  having  a  general  office  in  this  state,  may  be  LLT^awTmay 
attached  on  mesne  process  and  taken  on  execution  in  the ''®^"**''^^'*'^*'' 
same  manner  as  the  shares  or  interest  of  a  stockholder  in 
corporations  organized  under  the  laws  of  this  state,  may  be 
attached,  and  taken  on  execution. 

Section  2.     Any  person  or  corporation  whose  goods  or  Attachment 

.     .  ii*    1       1  •  •    -1  i-  1        may  Oc  released 

estate  are  attached  on  mesne  process,  m  a  civil  action,  who  by  bond  to 
desires  to  release  the  property  attached,  or  some  part  thereof  respond  ^witiun 
from   attachment,  and   does   not   desire   to   give   the  bond  auai-ud'^ment'^ 
required  by  section  one  hundred  and  four  of  chapter  one 
hundred  and  twenty-three  of  the   General  Statutes,  may,  at 
any  time  before  final  judgment,  release  the  property  attaclied, 
or  such  part  thereof  as  he  may  elect,  from  such  attachment, 
by  giving  bond  to  the  plaintiff,  with  sufficient  sureties,  to  be 
approved  by  the  plaintiff,  or  his  attorney  in  writing,  or  by  a 
master  in  chancery,  with  condition  to  pay  to  the  plaintiff  the 
sum  fixed  as  the  value  of  the  property  so  released,  or  so 
much  of  said  sum  as  may  be  necessary  to  satisfy  the  amount, 
if  any,  that  he  may  recover,  within  thirty  days  after  final 
judgment  in  such  action,  and  the  property  so  released  shall 
be  described  in  such  bond.     If  the  parties  to  the  action  do  ifpartiesfauto 
not  agree  upon  the  value  of  the  property,  the  defendant,  or  uf  o^f '^prop my 
some  one  in  his  behalf,  may  make  written  application  to  a  fer'^fn  di'ancery 
master  in  chancery  in  the  county  where  the  property  is,  to  appoint  com- 
stating  the  names  of  the  parties  to  the  action,  the  name  of  siiaii  determine 
the  officer  who  made  the  attachment,  and  a  description  of  bJTud."*'  ^"■'  ^^ 
the  property  which  he  desires  to  release  from  attachment, 
and  the  names  and  places  of  residence  of  the  persons  pro- 
posed as  sureties.     The  master  shall  forthwith  cause  written 
notice  of  the  application  to  be  served  upon  the  plaintiff,  if  he 
resides  in  the  county  ;  if  not,  upon  the  officer  who  made  the 
attachment,  appointing  a  time    and   place  for   hearing  the 
parties.     Said  notice  shall  be  served  twenty-four  hours,  at 
least,  before  the  time  appointed  therein  for  a  hearing,  and  as 
much   further  time   as   the   master,  in  his  discretion,  may 
order.     At  the  time  and  place  appointed,  after  hearing  the 
parties,  the  master  shall  appomt  three  disinterested  persons 


212 


1870.— Chapter   291. 


Attachment  of 
realjjfoperty 
may  be  dis- 
solved by  de- 
fendant by 
giving  bond  to 
plaiutifl'. 


Record  of 
attacliment  and 
judgment  to  be 
conclusive  evi- 
dence of  seisin 
in  the  plaintifl'. 


Masters  in 
chancery  may 
adjourn  meet- 
ings from  time 
to  time. 
Fees, 


to  examine  and  appraise  the  property  described  in  the  appli- 
cation, who  shall  be  sworn  to  appraise  the  same  at  its  fair 
market  value,  and  who  shall  make  return  of  their  doings  in 
writing  to  the  master,  at  a  time  and  place  fixed  by  him,  to 
which  the  hearing  shall  be  adjourned.  At  such  adjourned 
hearing,  the  defendant  may  give  bond  to  the  plaintiflF,  with 
sufficient  sureties,  to  be  approved  by  the  master,  as  herein 
provided.  Said  bond  shall  be  filed  by  the  defendant  with 
the  clerk  of  the  court  to  which  the  writ  is  returnable,  or  in 
which  it  is  pending,  within  ten  days  after  its  approval  by  the 
plaintiff,  or  his  attorney,  or  the  master,  and  upon  the  filing 
of  such  bond,  the  attachment  upon  the  property  therein 
described,  shall  be  dissolved. 

Section  3.  When  an  attachment  of  real  property  is  made 
under  the  provisions  of  sections  fifty-five  and  fifty-six  of 
chapter  one  hundred  and  twenty-three  of  the  General  Stat- 
utes, the  person  in  whose  name  the  record  title  of  the  prop- 
erty attached  stands,  or  some  one  in  his  behalf,  may,  before 
final  judgment  in  the  action,  dissolve  the  attachment  by 
giving  bond  to  the  plaintiff,  with  sufficient  sureties,  condi- 
tioned to  pay  the  sum  ascertained  to  be  the  value  of  the 
land,  or  so  much  thereof  as  shall  satisfy  the  amount,  if  any, 
whicli  plaintiff  shall  recover,  provided  the  plaintiff  shall 
establish  his  title  to  the  land  in  a  writ  of  entry  against  the 
person  having  the  record  title  thereto  at  the  time  of  the 
attachment.  All  proceedings  required  in  the  preceding  sec- 
tion to  be  taken  to  dissolve  an  attachment,  shall  apply  to  a 
dissolution  of  attachment  under  this  section.  In  the  trial  of 
a  writ  of  entry,  brought  by  the  plaintiff  in  the  suit,  to  try 
his  right  to  the  land  released  from  attachment,  for  the  pur- 
pose of  establishing  his  right  to  recover  on  said  bond,  the 
record  of  the  attachment,  and  of  final  judgment,  in  the  suit 
upon  which  the  attachment  was  made,  shall  be  conclusive 
evidence  of  a  momentary  seisin  in  the  plaintiff,  of  the  land, 
so  far  as  to  enable  him  to  maintain  an  action  therefor,  upon 
his  own  seisin ;  but  no  such  writ  of  entry  shall  be  brought 
after  the  expiration  of  one  year  from  the  date  of  such  final 
judgment.  If  the  plaintiff  shall  recover  judgment  on  such 
writ  of  entry,  no  execution  for  possession  shall  issue  thereon, 
but  execution  may  issue  for  costs  of  suit. 

Section  4.  Masters  in  chancery  may  adjourn  the  hear- 
ings authorized  and  required  to  be  held  by  them,  under  this 
act,  from  time  to  time,  as  they  may  deem  necessary. 

They  shall  be  allowed  one  dollar  for  each  citation  and  two 
dollars  for  each  hearing  and  each  adjournment  thereof. 
The  fees  of  the  appraisers  shall  be  determined  by  the  mas- 


1870.— Chapters  292,  293.  213 

ters  according  to  tlie  circumstances  of  each  case.  The  appli- 
cant shall  pay  all  fees  in  the  first  instance  ;  hut  in  case  of 
final  judgment  in  his  favor  he  shall  be  allowed  to  tax  them 
as  a  part  of  his  costs.  The  master's  certificate  of  the  amoimt 
shall  be  required  by  the  clerks  of  courts  to  be  filed  in  the 
case  before  allowing  sard  fees  as  a  part  of  the  taxable  costs. 

Section  5.     The  bond  provided  for  in  section  one  hundred  Bond  given  un- 
and  four  of  chapter  one  hundred  and  twenty-three  of  the  plo4rto  be  fl'ied 
General  Statutes,  shall  be  filed  by  the  defendant,  with  the  ^hel-e'writ"^'^^ 
clerk   of  the  court,  to  which  the  writ  is  returnable,  or  in  returnable. 
which  it  is  pending,  within  ten  days  after  its  approval  by  the 
plaintiff,  or  his  attorney,  or  the  master,  and  the  attachment 
shall  not  be  dissolved  until  the  bond  is  so  filed.     Such  bond, 
and  the  bonds  provided  for  by  this  act,  may  be  taken  from 
the  files,  at  any  time,  by  the  plaintiff,  upon   leaving  w'ith  the 
clerk,  a  copy  thereof,  attested  by  tlie  clerk,  and  the  plaintiff 
may  tax  the  cost  of  such  copy,  as  part  of  his  costs,  in  a  suit 
on  such  bond. 

Section  6.     Chapter  one  hundred  and  thirty-seven  of  the  Repeal, 
acts  of  the  year  eighteen  hundred  and  sixty-seven,  is  hereby 
repealed,  but  such  repeal  shall  not  affect  any  rights  acquired, 
or  liability  incurred,  under  the  provisions  of  said  chapter. 

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

Approved  May  28,  1870. 

An  Act  concerning  interest  on  bonds  of  corporations.        Chop.  292 

Be  it  enacted,  ^'c,  as  follows  : 

Bonds   issued   by  railroad   or   other   corporations   under  Rate  of  interest 

rt  not  to  cxcGccl 

authority  of  law  may  bear  interest  not  exceeding  the  rate  of  seven  per  cent. 
seven  per  centum  a  year.  Approved  May  28, 1870. 

An  Act  to  incorporate  the  tow^n  of  mashpee.  Chat)  293 

Be  it  enacted,  Sfc,  as  follows: 

Section  1.     The  district  of  Marshpee  is  hereby  abolished.  District  aboi- 
and  the  territory  comprised  therein  is  hereby  incorporated  of  Ma^shpee^Tn'^ 
into  a  town   by  the  name  of  Mashpee ;    and   said  town  of  ^orporated. 
Mashpee  is  hereby  invested  with  all  the  powers,  privileges, 
rights   and   immunities,  and'  subject  to  all  the  duties  and 
requisitions  to  which  other  towns  are  entitled  and  subject  by 
the  constitution  and  laws  of  this  Commonwealth. 

Section  2.     All  common  lands,  common  funds,  and  all  common  lands, 
fishing  and  other  rights  held  by  the  district  of  Marshpee,  are  &c.',"tfanfferr'ed 
hereby  transferred   to   the  town  of  Mashpee,  and  shall  be  totown. 
owned   and   enjoyed  as  like  property  and   rights   of  other 
towns  are  owned  and  enjoyed.     Any  lease  held  by  any  party 
of  rights  of  fishing  in  Marshpee,  made  under  authority  of 
any   law   of  this   Commonwealth,  shall   continue   in   force 


214  1870.— Chapter  293. 

according  to  the  terms  thereof,  and  the  rent  shall  be  payable 
to  the  treasurer  of  the  town  of  Mashpee.  The  town  of 
Mashpee  shall  succeed  to  all  contracts,  rights  of  action  and 
liabihties  of  the  district  of  Marshpee,  and  may  sue  and  be 
sued  in  relation  to  the  same. 
Warrant  to  SECTION  3.     Auv  iusticc  of  tlic  pcacc  of  the  county  of 

notify  mtietiufi'     ---»  •  ■  • 

for  choice  of  Bamstablc,  may  issue  his  warrant,  directed  to  any  principal 
town  officers.^  inhabitant  of  the  town  of  Mashpee,  requiring  him  to  notify 
and  warn  the  inhabitants  thereof  qualified  to  vote  in  district 
affairs,  to  meet  at  the  time  and  place  therein  appointed  for 
the  purpose  of  choosing  all  such  town  officers  as  towns  are 
by  law  authorized  and  required  to  choose  at  their  annual 
meetings,  and  said  warrant  shall  be  served  by  publishing  a 
copy  of  the  same  in  some  newspaper  printed  in  the  county 
of  Barnstable,  and  by  posting  up  copies  thereof,  attested  by 
the  person  to  whom  the  same  is  directed,  in  three  public 
places  in  said  town,  seven  days  at  least  before  such  time  of 
meeting.  Such  justice,  or  in  his  absence,  such  principal 
inhabitant,  shall  preside  until  the  choice  of  a  moderator  in 
said  meeting. 

At  such  meeting  all  inhabitants  of  said  town  heretofore 
qualified  to  vote  in  district  affairs  may  vote,  and  the  proceed- 
ings at  such  meeting  shall  be  in  accordance  with  the  pro- 
visions of  the  act  establishing  the  district  of  Marshpee. 
Eepresentative,      SECTION  4.     The  Said  towu  shall  be  and  form  a  part  of  the 
districts.  '      '  Same  representative,  senatorial,  councillor  and  congressional 

districts  as  the  town  of  Barnstable  until  legally  changed. 
County commis-      SECTION  5.     Tlic  county  Commissioners  of  the  county  of 
pend  f.socT^  ^^  Bamstablc  may,  upon  application  of  the  selectmen  of  the 
repaT^s'ofro'Lds,  towu  of  Mashpcc,  expcud  a  sum  not  exceeding  three  hun- 
bursed  restate  ^^^^  dollars  in  any  one  year,  from  the  funds  of  the  county, 
'  for  the  construction  and  repair  of  roads  within  said  town, 
and  the  sum  actually  expended  shall  be  reimbursed  from  the 
treasury  of  the  Commonwealth, 
courtmayorder      SECTION  6.     Any  justicc  of  the  supcrior  court  upon  the 
to  beXidexi,'*    application  of  the  selectmen  of  the  town  of  Mashpee,  after 
comSiss°io"ners   ^^^^^  uoticc  as  the  justicc  may  direct  to  all  parties  interested 
to  make  parti-    and  a  hearing  of  the  same,  if  he  shall  adjudge  that  it  is  for 
the  interest  of  said  parties  that  any  or  all  of  the  common 
lands  of  said  town,  or  of  the  people  heretofore  known  as  the 
Marshpee  tribe  of  Indians,  be  divided,  shall  appoint  three 
discreet,  disinterested  persons  commissioners  to  make  parti- 
tion of  the  same,  and  their  award,  being  approved  by  the 
court,  shall  be  confirmed  by  decree  thereof;  but  if  he  shall 
adjudge  that  it  is  for  the  interest  of  said  parties  that  the 
same,  or  a  part  of  the  same,  be  sold,  he  shall  direct  the  said 


1810.— Chapter  294.  215 

commissioners,  after  they  shall  have  given  such  bonds  as  the 
court  may  require,  to  proceed  to  sell  at  public  auction  any 
or  all  of  said  lauds,  and  to  pay  the  proceeds  of  the  same  to 
the  treasurer  of  said  town  ;  and  the  said  justice  shall  direct  • 

the  said  commissioners  to  examine  and  define  the  boundaries 
of  the  lands  rightfully  held  by  individual  owners,  and  to 
properly  describe  and  set  forth  the  same  in  writing,  and  the 
title  and  boundaries  so  set  forth  and  described  being  approved 
by  the  court,  shall  be  confirmed  by  decree  thereof ;  and  the 
same,  together  with  all  deeds  of  partition,  division  or  sale 
made  by  such  commissioners,  shall  be  recorded  in  the  regis- 
try of  deeds  in  the  county,  and  the  expenses  of  said  com- 
missioners, including  the  cost  of  recording  said  deeds,  the 
same  being  approved  by  the  court,  shall  be  paid  out  of  the 
treasury  of  the  Commonwealth ;  the  justice  may  receive  the 
application  aforesaid  and  order  notice  thereon  in  vacation  as 
well  as  in  term  time,  but  such  other  proceedings  before  the 
justice  as  are  herein  provided  for  shall  be  had  at  a  term  of 
the  superior  court  for  the  county  of  Barnstable. 

Section  7.     All  sums  of  money  payable  to  the  selectmen  Money  for  sup- 
er treasurer  of  the  district  of  Marshpee  under  chapter  thirty-  ^""^^^  ^'^  °°^' 
six  of  the  General  Statutes,  for  the  support  of  schools,  shall 
hereafter  be  paid  to  the  treasurer  of  the  town  of  Mashpee,  to 
be  expended  in  accordance  with  section  four  of  said  chapter. 

This  section  shall  continue  in  force  for  five  years. 

Approved  May  28,  1870. 

An  Act  concerning  juvenile  offendeks  in  the  city  of       Chat)  294 

LAWRENCE.  ■*  ' 

Be  it  enacted,  Sfc,  as  follows: 

Section  1.     The  city  council  of  the  city  of  Lawrence,  is  House  of 
hereby  authorized   to  erect  a  building  in  said  city  for  the  [uveSie  offend- 
reception,  instruction,  employment  and  reformation  of  such  *^''^- 
juvenile  offenders  as  are  hereinafter  named ;  or  to  use  for 
these  purposes  the  almshouse  in  said  city,  or  any  other  house 
or  building  belonging  to  said  city  that  the  city  council  may 
appropriate  to  these  uses. 

Section  2.     The  overseers  of  the  poor  of  said  city,  or  such  Directors  may 
other  persons  as  said  city  council  shall  appoint  directors  of  convkfte'd  of^^° 
said  house  for  the  employment  and  reformation  of  juvenile  ^^g^^gf 
offenders,  shall  have  power  at  their  discretion  to  receive  and 
take  into  said  house  all  such  children  resident  at  or  belong-  * 

ing  to  said  city  who  shall  be  convicted  of  any  criminal 
offence  ;  and  wlio  may  in  the  judgment  of  any  justice  of  the 
supreme  judicial  court  or  of  the  superior  court  or  of  the 
police  court  of  said  Lawrence  be  proper  objects  therefor ; 


216 


1870.— Chapter  295. 


Idle  children 
and  truants 
residents  of 
Lawrence  may 
be  committed. 


Children  to  be 
instructed  in 
branches  of  use- 
ful knowledge. 


Court  may  dis- 
charge children 
from  custody 
upon  recom- 
mendation of 
overseers,  &c. 


Children  com- 
mitted to  house 
of  correction 
may  be  trans- 
ferred to  this 
institution. 


and  upon  such  conviction  of  any  child,  in  the  judgment  of 
the  justice  a  proper  object  for  said  house  of  employment  and 
reformation,  the  justice  before  declaring  the  sentence  of  the 
law  shall  cause  notice  to  be  given  to  said  overseers  or  direc- 
tors, and  in  case  said  overseers  or  directors  shall  assent 
thereto,  the  said  justice  may  sentence  the  child  convicted  as 
aforesaid  to  be  committed  to  said  house  of  employment  and 
reformation  for  and  during  minority  or  for  any  less  term. 

Section  3.  Any  justice  of  either  of  said  courts  respec- 
tively, on  the  application  of  the  mayor  or  any  alderman  of 
the  city  of  Lawrence  or  of  any  overseer  of  the  poor  of  said 
city,  or  of  any  of  said  directors,  shall  have  power  to  sentence 
and  commit  to  said  house  of  employment  and  reformation 
all  children  resident  in,  or  belonging  to  said  city,  who  live  an 
idle  or  dissolute  life,  or  are  habitual  truants. 

Section  4.  Said  overseers  or  said  directors  may  receive 
the  persons  sentenced  and  committed  as  aforesaid  into  said 
institution  ;  and  they  shall  have  power  to  place  the  persons 
so  committed  at  such  employments  and  cause  them  to  be 
instructed  in  such  branches  of  useful  knowledge  as  shall  be 
suited  to  their  age  and  capacity. 

Section  .5.  Whenever  said  overseers  or  directors  shall 
deem  it  advisable  to  discharge  any  such  child  committed  as 
aforesaid,  before  the  expiration  of  the  sentence,  and  shall  so 
recommend  in  writing  to  the  court  by  which  said  child  was 
committed,  said  court  shall  have  power  to  discharge  him  or 
her  from  the  imprisonment  or  custody  aforesaid. 

Section  6.  Either  of  the  said  justices  shall  have  power  to 
order  the  transfer  of  any  child  committed  to  the  jail,  or  house 
of  correction,  and  inmates  thereof,  at  the  time  of  the  passage 
of  this  act,  and  belonging  to,  or  having  a  residence  in,  said 
city,  to  the  institution  authorized  by  this  act  to  be  kept,  gov- 
erned and  disposed  of  in  conformity  with  the  provisions 
herein  made,  for  the  rest  of  the  term  of  their  original  sen- 
tence and  commitment. 

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

Approved  May  28,  1870. 


Chap.  295 


Trustees  may 
sell  real  estate. 


Proviso. 


An  Act  relating  to  the  sale  of  real  estate  by  the  trustees 

of  the  grammar  school  in  the  easterly  part  of  roxbury. 
Be  it  enacted,  Sfc,  as  follows : 

Section  1.  The  trustees  of  the  grammar  school  in  the 
easterly  part  of  Roxbury  are  hereby  authorized  to  sell  any 
real  estate  held  by  them  in  trust,  and  convey  the  same  by 
deed  duly  executed :  provided,  the  proceeds  of  such  sales 
shall  be  held  upon  the  same  trusts  as  such  real  estate  was 


1870.— Chapters   296,  297,  298.  217 

held ;  and  all  sales  and  conveyances  heretofore  made  by  said 

trustees  are  hereby  ratified  and  made  legal  and  binding  in  law. 

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

Approved  May  28,  1870. 

An  Act  in  addition  to  an  act  to  incorporate  the  athol  and  QJiap.  296 

ENFIELD    RAILROAD    COMPANY.  •  ^' 

Be  it  enacted,  Sfc,  as  follows : 

Section  1.     Section  two  of  chapter  one  hundred  and  sev-  -^™®'^.^f  |"*  *° 
enty-four  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
nine,  is  hereby  amended  by  inserting  before  the  word  "  New 
Salem  "  the  word  "  Orange." 

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

Approved  Maij  28,  1870. 


Chap.291 


An   Act  to   authorize  albert    r.   whittier    to   construct   a 

WHARF    ON    south   BAY. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     License  is  hereby  granted  to  Albert  R.  Whit-  May  construct 
tier  to  construct  a  wharf  on  the  south-easterly  side  of  Albany  Boston. 
Street  upon  fiats  there  owned  by  him,  and  from  such  fiats 
and  his  adjoining  wharf  to  the  commissioners  line  on  South 
Bay,  subject  to  the  provisions  of  section  four  of  chapter  one 
hundred  and  forty-nine  of  the  acts  of  the- year  eighteen  hun- 
dred and  sixty-six,  and  to  the  provisions  of  sections  one,  two 
and  three  of  chapter  four  hundred  and  thirty-two  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-nine,  with  the  right  wharfage  and 
to  lay  vessels  at  the  end  of  said  wharf  and  to  receive  wharf-  '^°'=^*^®- 
age  and  dockage  therefor,  and  such  right  to  lay  vessels  at 
the  sides  of  said  wharf  and  to  receive  wharfage  and  dockage 
therefor  as  the  harbor  commissioners  shall  prescribe. 

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

Approved  May  28,  1870. 

An  Act  concerning  the  militia.  Chnn  2Q8 

Be  it  enacted,  ^c,  as  follows : 

Section  1.     The  governor  may  commission  a  lieutenant-  Lieutenant- 
colonel,  duly  elected,  in  addition  to  the  officers  allowed  to  a  toabattauon!** 
separate  battalion. 

Section  2.     The  commander  of  a  regiment,  battalion  or  commander  of 
unattached  company  may  discharge  any  non-commissioned  dtfchju-ge^en^ 
officer  or  private  of  his  command,  with  the  approval  of  the  app*rov™fof^^*^ 

commander-in-chief.  commander-in- 

Section  3.  The  commander  of  any  regiment  or  battalion  commander  of 
whose  companies  are  located  within  a  radius  of  three  miles,  alfemWe™om- 
is  authorized  to  assemble  said  companies  or  the  officers  drmf  iftocafed 
thereof,  for  evening  drill,  instruction  or  other  business,  at  ^'t'^'n'"'^'^i^sof 

°  '  '  three  miles. 

28 


218  1870.— Chapter  299. 

such  times  as  he  may  judge  best  for  the  promotiou  of  disci- 
pHue  in  his  command. 
Salary  of  super-      SECTION  4.     The  Superintendent  of  the  arsenal  shall  receive 

intendent  of  the  ,  ■■  „  ^  ^,  i      i    n  i  •    i      ^         ^i 

arsenal.  an  annual  salary  oi  one  thousand  dollars,  which,  together 

with  the  occupancy  of  the  dwelling-house  on  the  arsenal 
grounds  at  Cambridge,  shall  be  in  full  compensation  for  his 
services. 

Kepeai.  SECTION  5.     The  fifth  section  of  the  two  hundred  and  fifth 

chapter  of  the  acts  of  the  year  one  thousand  eight  hundred 
and  sixty-nine,  together  with  all  acts  inconsistent  with  the 
provisions  of  this  act,  are  hereby  repealed. 

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

Approved  May  31,  1870. 

Chdt)    299    '^^    "^^^    ^^    AUTHORIZE     THE     HOPKINTON   AND    MILFOKD,    AND     THE 
■^'  HOPKINTON   BRANCH   RAILROAD    COMPANIES    TO    CONSOLIDATE. 

Be  it  enacted,  §'c.,  as  follows : 
Ho^kmton  and  SECTION  1.  The  Hopkintou  and  Milford  Railroad  Com- 
Hopkin'ton  pauy  and  the  Hopkintou  Branch  Railroad  Company  are 
foTds^'may "^Jon-  hereby  authorized  to  consolidate  and  make  joint  stock  to  an 
ma^e*%fnt*  amouut  uot  exceeding  four  hundred  thousand  dollars  ;  and 
stock  not  ex-  the  Corporation  thus  formed  may  take  the  name  of  the  Hop- 
e«o|ooa  kinton  Railroad  Company,  and  shall  have  and  succeed  to  all 

the  powers  and  privileges  and  be  subject  to  all  the  duties, 
restrictions  and  liabilities  which  now  attach  and  apply  to 
said  companies  severally, 
mamtahf^^d'       SECTION  2.     Said  Corporation  may  locate,  construct,  main- 
operate  rau-     tain  and  operate  the  railroads  authorized  to  be  constructed 
roads.  ^^y  chapter  two  hundred  and  twenty-five  of  the  acts  of  the 

year  eighteen  hundred  and  sixty-seven,  chapter  two  hundred 
and  eighty-three  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-nine,  and  chapter  three  hundred  and  twenty-one  of 
the  acts  of  the  year  eighteen  hundred  and  sixty-nine,  or 
either  of  them,  and  all  the  provisions  of  said  acts  relating  to 
said  railroads,  or  either  of  them,  shall  apply  to  said  railroads, 
or  either  of  them,  when  the  same  shall  have  been  located. 
Hop^nton,^Mii-      SECTION  3.     The  towus  of  Hopkiutou,  Milford  and  Ash- 
land may  take    land  may  severally  subscribe  for  and  hold  shares  of  the  capi- 
ceedinTfive'per  tal  stock  Or  the  securitics  of  said  corporation  to  an  amount 
vafuatlon"^'^*'   ^^^  exceeding  five  per  centum  of  the  valuation  of  said  towns 
respectively,  for  the  year  in  which  the  subscription  shall  be 
Proviso.  made  :  provided,  that  two-thirds  of  the  legal  voters  of  said 

towns  respectively,  present  and  voting  by  ballot,  and  using 
the  check-list,  at  a  legal  meeting  duly  called  for  the  purpose, 
Proviso.  shall  vote  to  subscribe  for  such  shares  or  securities ;  and  pro- 

vided, also,  that  the  total  amount  of  all  subscriptions  of  said 
towns  respectively,  which  have  been  or  may  be  made  to  the 


1870.— Chapters  300,  301.  219 

stock  or  securities  of  any  railroad  corporation  or  corpora- 
tions under  authority  of  this  or  any  previous  act,  shall  not 
exceed  five  per   centum  of  the  assessed  valuation  of  said 
towns  respectively.     Said  towns  may  pay  for  such  shares  or 
securities  so  voted  to  be  paid  out  of  their  respective  treas- 
uries, and  may  raise  by  loan  upon  bonds  or  tax,  or  other- 
wise, 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 ;    and   the    selectmen   of    said   towns  selectmen  may 
respectively,  or  any  agent  specially  chosen  for  that  purpose,  at'^meedngs^of 
shall  have  authority  to  represent  said  towns  respectively,  at  corporation. 
any  and  all  meetings  of  said  corporation,  and  may  vote  on 
tlie  whole  amount  of  the  stock  so  held,  anything  in  chapter 
sixty-three  of  the  General  Statutes  notwithstanding. 
Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  1,  1870. 

Ak  Act  ix  relation  to  prison  point  bridge.  Chap.  300 

Be  it  enacted,  Sfc,  as  follows : 

Section  1.     The  cities   of  Cambridge   and   Charlestown  Draw  to  be 
shall  forthwith  cause  to  be  made  in  lieu  of  the  existing  draw  eigiitfeetin 
in  the  Prison  Point  Bridge,  over  Miller's  River,  a  draw  with  ^i'^*'^- 
a  clear  opening  of  thirty-eight  feet  in  width. 

Section  2.     For  the  purpose  of  constructing  said  draw,  foTiav^'dfarge 
the  city  councils  of  said  cities  shall  each  in  pursuance  of  of  draw. 
such  ordinances  as  they  may  respectively  establish,  elect  one 
commissioner,  and  said  commissioner  so  chosen  shall  have 
the  care  and  management  of  said  draw. 

Section  3.     The  expense  of  constructing  and  maintaining  Expense  of 
said  draw  and  keeping  the  same  in  repair,  and  of  affording  &c.',Vbe  bo'me 
all  necessary  and  proper  accommodations  to  vessels  having  ^^ ''"^^  "*^®^" 
occasion  to  pass  the  same  by  day  or  night,  shall  be  borne 
equally  by  said  cities ;  and  said  cities  shall  be  jointly  liable 
for  all  damages  or  injuries  resulting  from  any  defect  in  said 
draw  or  from  carelessness  or  neglect  in  the  management  of 
the  same. 

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

Approved  June  1,  1870. 


An  Act  concerning  the   draws   in   railroad   bridges  across 

CHARLES    AND    MILLER'S    RIVERS,    AND    IN    RELATION    TO    TERMINAL 


Chap,  301 

FACILITIES    AT    THE   NORTH    SIDE    OF    THE    CITY   OF    BOSTON. 

Be  it  enacted,  ^'c,  as  follows : 

Section  1.     The  draws  required  to  be  made  in  the  rail- Draws  to  be 
road  bridges  across  Charles  and  Miller's  rivers,  under  the  eigiitfeetm 
provisions   of  chapters  two  hundred  and  ninety-one,  three  '■'•'^^^^- 
hundred  and  forty-three  and  three  hundred  and  fifty-two,  of 


220  1870.— Chapter  302. 

the  acts  of  the  year  eighteen  hundred  and  sixty-nine,  shall 
be  forthwith  constructed  with  a  clear  opening  of  thirty-eight 
feet,  instead  of  forty-four  feet,  as  provided  in  said  acts. 
Harbor  and  SECTION  2.     The  board  of  harbor  commissioners  and  the 

railroad  com-      i  t       /.         m  t  •      •  i  i         •       ■  t 

missiouers  to  Doard  01  railroad  commissioners  are  hereby  instructed  to 
tlnnfna^^'focm'^  confcr  with  the  authorities  of  the  city  of  Boston,  and  the 
roadsinBoston  officcrs  of  the  scvcral  railroad  corporations  owning  or  oper- 
ating railroads  which  enter  said  city  at  its  north  side,  and  to 
report  to  the  next  legislature  upon  the  feasibility  of  matur- 
ing some  definite  and  comprehensive  plan  for  the  future 
accommodation  of  said  railroad  corporations,  both  as  regards 
the  wants  of  navigation  and  terminal  facilities  in  Boston  ; 
and  also  to  report  a  draft  of  such  plan,  if  any  shall  appear  to 
them  to  be  feasible. 

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

Approved  June  1,  1870. 

Chan  302         An  Act  relating  to  west  boston  and  cragie  bridges. 
Be  it  enacted,  ^c,  as  follows  : 

Harbor  com-         SECTION   1.     The   harbor   commissioners   shall   forthwith 
determine  posi-  locatc  and  determine  the  position  of  the  draws  in  the  West 
we''st°BoSon* '"  Bostou   Bridge   and  Cragie  or  Canal  Bridge,  over  Charles 
Bridges^*^        River,  to  be  constructed  as  hereinafter  provided. 
Three  commis-       SECTION  2.     The  Supreme  judicial  court,  sitting  as  a  full 
appoiuted  by  s.  court  iu  any  county  at  any  time  after  the  passage  of  this  act, 
fionof  mayorof  shall,  upoii  the  pctitiou  of  the  mayor  of  the  city  of  Cam- 
Cambridge;       bridge,  after  such  notice  as  the  court  or  any  justice  thereof 
may  order,  appoint  three  discreet  and  competent  commis- 
sioners for  the  purposes  hereinafter  named, 
—to  be  sworn,      SECTION   3.     Said   Commissioners   shall  be   sworn  to  the 
and  assess  upon  faithful  and  impartial  discharge  of  their  duties,  and  shall. 
cambridge*ix-   then,  after   due  notice   and   hearing  in  such  manner  and 
tai^ug^&if  •"'    amount  as  they  shall  deem  just  and  equitable,  apportion  and 
assess  upon  the  cities  of  Boston  and  Cambridge  the  expense 
of  maintaining  and  keeping  in  repair  said  bridges,  including 
the  expense  of  opening  the  draws  thereof  and  affording  all 
necessary   and   proper   accommodations   to   vessels    having 
occasion  to  pass  the  same  by  day  or  night,  and  shall  also  at ' 
the  same  time  appraise  the  fund,  as  it  now  exists,  paid  to 
the  city  of  Cambridge  under  chapter  two  hundred  and  fifty- 
seven  of  the  acts  of  the  year  eighteen  hundred  and  fifty- 
seven,  and  also  all  funds,  moneys  and  properties  belonging 
to  said  bridges,  and  apportion  to  the  city  of  Boston  the  same 
proportion  thereof  as  Boston  shall,  under  and  by  virtue  of 
this  act,  have  apportioned  or  assessed  upon  it  of  the  expense 
of  maintaining  and  keeping  in  repair  said  bridges. 


I 


1870.— Chapter  302.  221 

Section  4.     Said  commissioners  shall  return  their  award  -to  return 

.    ,        .,  .     ,.    .    ,  .     .  ,>         ,1  1  c  award  to  b. 

mto  the  supreme  judicial  court,  sitting  for  the  county  oi  j.  c. 
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  ;  and  the  expense  of  exe- 
cuting this  act  shall  be  paid  by  said  cities  in  the  same  pro- 
portions as  the  expense  of  maintaining  said  bridges  is 
apportioned  and  assessed  upon  said  cities. 

Section  5.     Upon  the  acceptance  of  said  award  by  the  upon  accept- 
court   as   aforesaid,  the   city  of  Cambridge   shall  pay  and  Cambridge  to 
deliver  to  the  city  of  Boston  the  proportion  of  said  fund,  sun7a^p°or-°° 
funds,  moneys  and  properties  apportioned  to  Boston  under  tinned. 
said  award,  and  the  said  bridges  shall  become  and  be  high- 
ways ;  and  thereafter  said  bridges  and  draws  shall  be  main- 
tained, supported,  managed  and  kept  in  repair  by  the  cities 
of  Boston  and  Cambridge,  according  to  the  terms  and  pro- 
portions established  by  said  award  ;  and  all  damages  recov- 
ered in  any  action  at  law  by  reason  of  any  defect  or  want  of 
repair  in  either  of  said  bridges  or  the  draws  thereof,  sliall  be 
paid   by  said   cities   on   the   same   terms  and  in  the  same 
proportions. 

Section  6.     The  care  and  management  of  said  bridges  commissioners, 

Ti  1111  .      1   •  1  in  ••  one  from    each 

and  draws  shall  be  vested  in  a  board  oi  commissioners  con-  city,  to  have 
sisting  of  one  person  from  each  city,  chosen  in  accordance  ancf  bridges^ 
with  such  ordinances  as  said  cities  shall  respectively  establish, 
and  until  such  commissioners  are  chosen,  the  mayors  of  said 
cities  shall  ex  oj/iciis  constitute  such  commissioners. 

Section  7.     The  commissioners  designated  in  the  preced — to  cause 
ing  section  shall  cause  to   be  fnade  in  lieu  of  the  existing  made'twrty- 
draws  in  said  bridges  a  draw  in  each  bridge  with  a  clear  tvfdth!^^^^^ 
opening  of  thirty-eight  feet  in  width  in  the  position  deter- 
mined under  section  one  of  this  act. 

Section  8.     Nothing  in  this  act  shall  release   the  Cam-  Railway  com- 
bridge  Railway  Company  or  the  Union  Railway  Company,  feTswiivom^ 
from  any  legal  obligation  either  of  said  companies  is  now  kee|bridge*in 
under  to  the  cities  of  Cambridge  and  Boston,  or  either  of  repair. 
them,  or  any  legal  obligation  now  existing  to  maintain  and 
keep   in   repair   any  portion  of  said   bridges,  or  from  any 
liability  for  any  loss  or  injury  that  any  person  may  sustain 
by  reason  of  any  carelessness,  neglect,  fault  or  misconduct 
of  its  agents  or  servants,  in  the  construction,  repair,  manage- 
ment or  use  of  its  tracks  on  said  bridges,  or  other  use  or 
occupation  thereof. 


222 


1870.— Chapter  303. 


council  of  Cam 
bridge 


Repeal.  SECTION  9.     Chapter  three  hundred  and  eleven  of  the  acts 

of  the  year  eighteen  hundred  and  sixty-nine,  and  all  other 
provisions  of  law  inconsistent  herewith  are  hereby  repealed. 
Act  to  Jake  SECTION  10.     This   act   shall   not  take  full  effect  unless 

accepted  by  city  acceptcd  by  the  city  council  of  Cambridge,  by  concurrent 
'""*""""  vote  of  the  two  branches  thereof,  within  thirty  days  from  its 
passage.  It  shall  be  the  duty  of  the  city  clerk  of  the  city  of 
Cambridge  to  certify  to  the  secretary  of  the  Commonwealth 
the  result  of  the  vote  of  the  city  council  of  said  city  as  soon 
as  may  be,  and  if  it  shall  appear  that  a  majority  of  the  votes 
of  both  branches  of  the  city  council  is  in  favor  of  the  accept- 
ance of  this  act,  said  secretary  shall  immediately  issue  and 
publish  his  certificate  declaring  this  act  to  have  been  duly 
accepted. 

Section  11.  So  much  of  this  act  as  authorizes  and  directs 
the  submission  of  the  question  of  acceptance  to  the  city 
council  of  Cambridge  shall  take  effect  upon  its  passage.  If 
this  act  is  accepted  as  herein  provided,  it  shall  take  full 
effect  upon  the  publication  of  the  certificate  of  the  secretary, 
as  herein  provided.  Approved  June  1,  1870. 


— and  upon 
publication  of 
certiticate  b^ 
secretary  of 
Common- 
wealth. 


Chap.  303 


Bridges  to  be 
put  in  good  re- 
pair for  public 
travel. 


Unexpended 
balance  of  War- 
ren Bridge  fund 
to  be  applied  for 
repairs,  &c. 

Proviso. 


Commissioners 
to  assess  upon 
Boston  and 
Charlestown 
expense  of 
maintaining 
bridges  and 
draws  ; 


An   Act   in  relation   to   the   charles  river  and  warren 

BRIDGES. 

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

Section  1.  The  commissioners  appointed  under  chapter 
three  hundred  and  twenty-two  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-eiglit,  shall  forthwith  cause  the  Charles 
River  and  Warren  Bridges  to  be  put  in  good  repair  for  public 
travel. 

Section  2.  Said  commissioners  are  hereby  authorized 
and  directed  to  apply  to  the  repairs  of  said  bridges  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 :  provided,  that  until 
the  completion  of  said  repairs,  said  commissioners  shall  have 
the  sole  charge  and  management  of  said  bridges  and  draws. 

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  maintaining  and 
keeping  in  repair  said  bridges  and  draws,  including  the 
expense  of  opening  and  closing  the  draws  thereof,  and 
affording  all  necessary  and  proper  accommodations  to  vessels 
having  occasion  to  pass  the  same  by  day  or  night ;  and  shall 
also  at  the  same  time  and  in  like  manner,  assign  and  divide 
to  and  between  said  cities,  any  surplus  of  said  fund  remain- 
ing after  said  repairs  shall  have  been  completed  as  in  this 


1870.— Chapter  303.  223 

act  provided,  and  all  other  funds  and  property  now  belong- 
ing to  said  bridges ;  and  if  said  fund  shall  prove  insufficient 
to  pay  the  expense  of  said  repairs  and  the  care  and  manage- 
ment of  said  bridges  and  draws,  they  shall  in  like  manner 
assess  and  apportion  such  deficiency  upon  said  cities. 

Section  4.    Said  commissioners  shall  complete  said  repairs  "jfj^jrs'JJPfoJl 
on  or  before  the  first  day  of  October,  in  tlie  year  eighteen  oct.  i,  is-o,  and 
hundred  and  seventy,  and  shall  return  their  award  into  the  s^jfc.*^^^' 
supreme  judicial  court  sitting  for  the  county  of  Suffolk,  at 
the  October  term  of  said  court  in  said  year ;  and  when  said 
award  shall  have  been  accepted  by  said  court,  the  same  shall 
be  a  final  and  conclusive  adjudication  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.     Upon  the  acceptance  of  said  award  by  the  ^p^*"//*""^  ^^ 
court  as  aforesaid,  the  said  bridges  shall  become  highways,  bridges  to  be- 
and    thereafter  said   bridges  and  draws  shall  be  managed,  wguwaysand 
maintained  and  kept  in  repair  by  the   cities  of  Boston  and  pair''Ey"Bo"'on 
Charlestown,  according  to  the  terms  and  proportions  estab-  aud^cimries- 
lished   by  said   award,  and  all  damages   recovered  in  any 
action  at  law,  by  reason  of  any  defect  or  want  of  repair  in 
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 
management  of  said  bridges  and  draws  shall  be  vested  in  the 
board  of  commissioners  consisting  of  one  person  from  each 
city,  cliosen  in  accordance  with  such  ordinances  as  said  cities 
shall  severally  establish,  and  until  such  commissioners  shall 
be  chosen,  the  mayors  of  said  cities  shall  ex  officiis  constitute 
said  board  of  commissioners,  and  said  board  of  commissioners 
shall  forthwith  cause  to  be  made,  in  lieu  of  the  existing  draw 
in  Warren  Bridge,  a  draw  with  a  clear  opening  of  thirty- 
eight  feet,  in  such  position  as  the  harbor  commissioners  may 
determine. 

Section  6.     Nothing  in  this  act  shall  release  the  city  of  city  of  Boston 
Boston  from  its  obligations  to  keep  in  repair  all  that  part  of  Kinroud  not 
Warren  Bridge  connected  with  its  water  works,  or  from  its  owlgatfons"" 
liability  for  any  damages  arising  from  any  defect  in  or  acci-  "lake  repairs, 
dent  to  said  works,  or  shall  release  the  Middlesex  Railroad 
Company  from  any  legal  obligation  now  existing,  to  maintain 
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,  in  the  management,  construction  or  use 
of  its  tracks  on  said  bridges. 


224  1870.— Chapter  304. 

Eepeai.  SECTION  7.     Sectioiis  One,  two,  three,  four,  five,  six,  seven, 

of  chapter  two  hundred  and  seventy-two  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-nine,  and  all  other  acts  and 
parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

Approved  June  1,  1870. 

Chap.  304   -^^    -^^^    ^^  ^^^    ^^   THE    PRESERVATION   OF   BIRDS,  BIRDS'  EGGS,  AND 
■'   *  DEER. 

Be  it  enacted,  Sfc,  as  follows: 

u^\{M  Mihf'      Section  1.     Whoever,  within  this  Commonwealth,  takes  or 

woodcock  aud    kills  any  woodcock,  between  the  first  day  of  January  and  the 

paitucge,         fifteenth  day  of  August  in  any  year,  or  any  ruffed  grouse, 

commonly  called  partridge,  between  the  first  day  of  January 

and  the  first  day  of  October  in  any  year,  or  any  quail  between 

the  fifteenth  day  of  December  and  the  fifteenth   day  of  the 

next  October,  or  within  the  respective  times  aforesaid,  sells, 

buys,  has  in  possession  or  offers  for  sale,  any  of  said  birds  so 

taken  or  killed,  shall  forfeit  for  every  such  bird  twenty-five 

dollars. 

—pinnated  SECTION  2.     Wliocver,  at  aiiy  season  of  the  year,  in  this 

firrou'^G  or  li^ntn  /  •/  *i  / 

hens';  Commonwcalth,  within  six  years  from  the  passage  of  this 

act,  takes  or  kills  any  of  the  birds  called  pinnated  grouse,  or 

heath  hens,  or  sells,  buys  or  has  in  possession  any  of  said 

birds  so  killed  or  taken,  unless  upon  grounds  owned  by  him, 

and  grouse  placed  thereon  by  said  owner,  shall  forfeit  for 

every  such  bird  twenty-five  dollars. 

—wood  duck,         Section  3.     Whoever,  within  this  Commonwealth,  takes  or 

teaf;    ""^  '  ^^    kills  any  wood  or  summer  duck,  black  duck  or  teal,  between 

the  first  day  of  March  and  the  first  day  of  September  in  any 

year,  or  within  the  respective  times  aforesaid,  sells,  buys,  has 

in  possession  or  offers  for  sale,  any  of  said  birds  so  taken  or 

killed,  shall  forfeit  for  every  such  bird  twenty-five  dollars. 

—marsh  and  SECTION  4.    Whoever,  within  this  Commonwealth,  kills  any 

rail,  snipe,  plover,  sandpiper,  or  any  of  the  so-called  marsh, 

beach  or  shore  birds,  between  the  first  day  of  April  and  the 

fifteenth  day  of  July  in  any  year,  or  within  the  respective 

times  aforesaid,  sells,  buys,  has  in  possession  or  offers  for 

sale  any  of  said  birds  so  killed,  shall  forfeit  for  every  such 

offence  ten  dollars :  "provided^  that  nothing  in  this  section 

shall   be   held  to  apply  to  Wilson's  snipe,  or  red-breasted, 

black-breasted  or  chicken  plover. 

--any  imdomes-      SECTION  5.     Whocvcr,  within  tliis  Commonwcalth,  takes  or 

c'e'^pt  birds  of '^^  kills,  at  auv  scasou  of  the  year,  any  undomesticated  birds 

prey,  &c.  ^^^^  named  in  the  preceding  sections  of  this  act,  except  birds 

of  prey,  crow  blackbirds,  crows,   herons,  bitterns,  Canada 

geese,  and  such  fresh-water  or  sea-fowl  as  are  not  named 


1870.-— Chapter  304.  225 

in  section  three  of  this  act,  or  wilfully  destroys  or  disturbs 
the  nests  or  eggs  of  any  undomesticated  birds,  except  the 
nests  and  eggs  of  birds  of  prey,  crow  blackbirds  or  crows, 
shall  forfeit  for  every  such  offence  ten  dollars :  provided^  proviso, 
that  any  person  may,  during  the  months  of  September,  Octo- 
ber and  November,  take  or  kill  wild  pigeons,  or  having  first 
obtained  the  written  consent  of  the  mayor  and  aldermen  of 
any  city,  or  the  selectmen  of  any  town,  may  take  the  nest 
and  eggs,  or  at  any  season  of  the  year  kill  any  undomesti- 
cated birds  for  the  purpose  of  preserving  them  as  specimens 
in  cabinets  of  natural  history,  or  for  any  scientific  purpose 
whatever. 

Section  6.     "Whoever,  at  any  season  of  the  year,  takes, —for  snanng 
kills  or  destroys  any  game  birds  by  means  of  traps,  snares,  with 'battery  or 
nets  or  springs ;  or  shoots  at  or  kills  any  water  fowl,  by  the  ®"^^^ ' 
use  of  any  battery,  swivel,  or  pivot  gun,  shall  forfeit  for 
every    such    offence    twenty-five    dollars :    provided,    that  Proviso, 
between  the  first  day  of  October  and  the  first  day  of  Janu- 
ary in  any  year,  any  person  may  on  his  own  premises,  or  for 
his  own  personal  use  and  not  for  sale,  take  or  kill  by  means 
of  traps  or  snares  any  of  the  birds  known  as  ruffed  grouse  or 
partridge. 

Section   7.     Whoever,   between   the   first   day  of  April,  Deer  not  to  be 

killed    between 

eighteen  hundred  and  seventy,  and  the  first  day  of  January,  April  i,  isro, 
eighteen  hundred  and  seventy-two,  and  thereafter  between  a^d  Ja^i- 1.  is^a. 
the  first  day  of  December  in  any  year,  and  the  first  day  of 
October  following,  takes  or  kills  any  deer  except  his  own 
tame  deer  kept  on  his  own  grounds,  shall  forfeit  for  every 
such  offence  one  hundred  dollars. 

Section  8.     All  prosecutions  under  the  provisions  of  this  Prosecutions  to 
act  shall  be  commenced  within  sixty  days  from  the  time  the  within  sixty 
alleged  offence  is  committed  ;  and  the  possession  by  any  "per-  otlln/™!?  com^ 
son  of  any  deer,  or  of  birds  mentioned  as  protected  in  this  mitted. 
act,  taken  or  killed  out  of  place  or  season  as  aforesaid,  shall 
hQ  prima  facie  evidence  to  convict  under  this  act. 

Section  9.     The  state  constabulary,  the  mayor  and  alder-  state  constabvi- 
men,  and  selectmen  of  the  several  cities  and  towns  of  this  dpai'^ruth™"!^ 
Commonwealth  shall  cause  the  provisions  of  the  preceding  |^^^^°  enforce 
sections  to  be  enforced  in  their  respective  places ;  and  all 
forfeitures  accruing  under  these  sections  shall  be  paid,  one- 
half  to  the  informant  or  prosecutor,  and  one-half  to  the  city 
or  town  where  the  offence  is  committed. 

Section  10.     Chapter  two  hundred  and  forty-six  of  the  Repeal, 
acts  of  the  year  eighteen  hundred  and  sixty-nine  is  hereby 
repealed.  Approved  June  2,  1870. 

29 


226 


1870.— Chapters  305,  306,  307. 


S.  J.  C.  may 

prevent  erec- 
tion of  build- 
ings contrary 
to  municipal 
regulations. 


ChaV.  305    ^^   ^^^  concerning  the  erection  of  buildings  "WITHIN  THE  FIRE 
•*   *  LIMITS    OF    CITIES. 

Be  it  enacted^  ^-c.^  as  follows: 

Section  1.  The  supreme  judicial  court,  or  any  justice 
thereof,  either  in  term  time  or  vacation,  may  issue  an  injunc- 
tion or  other  suitable  process  in  equity,  to  restrain  any  per- 
son or  corporation  from  erecting,  maintaining,  occupying  or 
using  any  building  or  structure  within  the  fire  limits  of  any 
city,  contrary  to  the  lawful  rules,  regulations,  orders  or  ordi- 
nances established  and  in  force  in  such  city,  relative  to  the 
erection  or  construction  of  buildings  within  such  fire  limits, 
and  for  the  purpose  of  enforcing  all  such  rules,  regulations, 
orders  and  ordinances  ;  and  may  order  and  enforce  the  abate- 
ment or  removal  of  all  such  illegal  buildings  and  structures : 
provided^  that  this  act  shall  not  apply  to  any  building  or 
structure  actually  completed  and  occupied  more  than  three 
months  prior  to  the  passage  hereof. 

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

Approved  June  2,  1870. 


Proviso. 


Chap.  306 


Hospital  not  to 
be  erected  or 
occupied  with- 
out consent  of 
town  or  city 
authorities. 


Chap.  307 


Returns  and  re- 
ports of  rail- 
roads to  be 
made  hereafter 
to  railroad  com- 
missioners. 


An  Act  relating  to  the  erection  and  use  of  buildings  fob 

hospitals. 
Be  it  enacted,  Sfc,  as  follows  : 

Whoever  erects,  occupies,  or  uses  any  building  in  any 
place,  for  a  hospital,  in  such  part  thereof  as  the  mayor  and 
aldermen,  or  selectmen  prohibit,  shall  forfeit  a  sum  not  ex- 
ceeding fifty  dollars  for  every  month  he  so  occupies  or  uses 
such  building,  and  in  like  proportion  for  a  longer  or  shorter 
time  ;  and  the  supreme  judicial  court,  or  any  one  of  the  jus- 
tices thereof,  either  in  term  time  or  vacation,  may  issue  an 
injunction  to  prevent  such  erection,  occupancy  or  use. 

Approved  June  2,  1870. 

, . • 

An  Act  concerning  the  returns  of  railroad  corporations, 

and  for  other  purposes. 
Be  it  enacted,  ^^c  ,  as  follows  : 

Section  1.  The  annual  returns  and  reports  of  railroad 
corporations  which  are  now  required  to  be  made  to  the  sec- 
retary of  the  Commonwealth,  on  or  before  the  first  Wednes- 
day of  January,  shall  hereafter  be  made  to  the  board  of  rail- 
road commissioners,  and  on  or  before  the  first  Wednesday 
of  November  in  each  year,  and  shall  embrace  the  doings 
of  said  corporations  under  their  respective  charters  to  and 
including  the  thirtieth  day  of  September  preceding.  The 
returns  for  the  current  year  shall  include  the  period  from 
the  first  day  of  December,  in  the  year  eighteen  hundred 
sixty-nine,  to  the  thirtieth  day  of  September,  in  the  year 


1870.— Chapter  307.  227 

eighteen  hundred  and  seventy  :  and  said  corporations  shall 
be  subject  to  the  same  duties,  liabilities  and  penalties  as  are 
now  prescribed  and  provided  by  law  in  relation  to  making 
and  furnishing  such  reports  and  returns,  except  as  otherwise 
provided  by  this  act. 

Section  2.     The  board  of  railroad    commissioners    shall  Kaiiroad  com- 
prepare  such  tables  and  abstracts  of  said  returns  as  they  shall  rransmirre-*** 
deem  expedient,  and  shall  transmit  said  returns  and  abstracts,  secrliary'of" 
together  with  their  annual  report,  to  the  secretary  of  the  common- 
Commonwealth,  on  or  before  the  first  Wednesday  of  Janu-     ^    ' 
ary  in  each  year,  for  publication  and  distribution  as  one  of 
the  public  series  of  documents.    Two  thousand  copies  of  said 
document  shall  be  printed  for  the  public  series,  and  five 
thousand  copies  of  the  report  of  the  railroad  commissioners 
shall  be  printed  separately  for  distribution  by  said  board  of 
railroad  commissioners. 

Section  3.     The    board    of  railroad  commissioners   may  —may  order 
order  such  changes  and  additions  in  the  form  of  said  returns  of  reufruTand" 
and  reports  as  they  shall  deem  expedient,  and  they  sliall  ''^^p''"^*; 
give  to  the  several  railroad  corporations  one  year's  notice  of 
any  such  changes  as  require  any  alteration  in  the  metliod  or 
form  of  keeping   their  accounts;   and  said  commissioners —to transmit 
shall,  on  or  before  the  fifteenth  day  of  September  of  each  mn°oad''^TOrpo^ 
year,  transmit  to  each  of  the  raiU'oad  corporations  established  ^^^^'^^^' 
by  law  within  this  Commonwealth,  blank  forms  of  the  returns 
and  reports  herein  required. 

Section  4.     Whenever  the  return  of  any  railroad  corpora — to  notify  raii- 
tion  is  incomplete,  defective,  or  probably  erroneous,  the  board  ref,frnrare 
of    railroad   commissioners   shall   notify   such    corporation  ^^^''ctive  or 
thereof,  and  require  such  corporation  to  amend  said  return 
within  fifteen  days,  under  the  same  penalty  as  for  refusing 
or  neglecting  to  make  returns. 

Section  5.     Whenever  it  shall  appear  to  the  board  of  rail — to  notify  at- 
road  commissioners  tliat  any  railroad  corporation  has  violated  wheu^faOroad 
any  law  relative  to  such  corporations,  and  continues  sucli  [awof  neSfects 
violation  after  notice  from  said  commissioners,  as  provided  *»  ™ake  rl- 
in  chapter  four  hundred  and  eight  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-nine,  or  refuses  or  neglects  to 
make  returns  as  required  by  law,  or  to  amend  the  same 
when  lawfully  required  so  to  do,  they  shall  forthwith  present 
the  facts  to  the  attorney-general,  who  shall  take  such  pro- 
ceedings thereon  as  he  may  deem  expedient. 

Section  6.     All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed.  Approved  June  2, 1870. 


228  1870.— Chapters  308,  309,  310. 

Chan  308  "^^  ^^^  ^^  legalize   a    certain  marriage  in   this  common- 

■*   '  WEALTH,   AND   FOR    OTHER   PURPOSES. 

Be  it  enacted^  ^-c,  as  follows: 

Marriage  con-  SECTION  1.  The  marriage  solemnized  between  Erastus  C. 
Alden  and  Isabel  M.  Clapp,  at  Boston,  January  twentieth,  in 
the  year  eighteen  hundred  and  sixty-nine,  is  hereby  con- 
firmed, and  the  parties  declared  to  be  man  and  wife  to  all 
legal  intents  and  purposes. 

Parties^  SECTION  2.     The  bouds  of  matrimony  heretofore  existing 

between  Isabel  M.  Clapp  and  Stephen  R.  Clapp,  junior,  are 
hereby  dissolved. 

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

Approved  June  2,  1870. 


firmed. 


divorced. 


Chap.  309 


An  Act  concerning  replevin  bonds. 
Be  it  enacted,  §'c.,  as  follows : 
If  sureties  are      SECTION  1.     Surctics  to  a  replevin  bond  may  be  approved 
deFemlant,  &c.,  by  thc  defendant,  in  writing,  or  by  a  master  in  chancery, 
r^ponsM^  for  ^^^^  wheu  SO  approvcd,  the  officer  who  serves  the  writ  of 
sufficiency.        replevin,  shall  not  be  responsible  for  the  sufficiency  of  such 

sureties. 
"When  sureties       SECTION  2.     When  such  surctics  are  to  be  approved  by  a 
prwed'^by  mas-  master  iu  chauccry,  the  officer  who  serves  the  writ  shall  give 
ofliierlif  no'tify  uoticc  in  Writing,  to  the  defendant,  or  the  person  from  whose 
defendant.        custody  the  property  is  taken,  stating  the  time  and  place  of 
hearing  thereon,  with  the  names  and  places  of  residence  of 
the  persons  proposed  as  sureties,  allowing  not  less  than  one 
hour  before  the  time  appointed  for  the  hearing,  and  time  for 
travel,  at  the  rate  of  not  less  than  one  day,  for  every  twenty- 
four  miles'  travel. 
Fee  of  master.        SECTION  3.     The  fee  of  the  master  shall  be  one  dollar  for 
the  hearing  and  decision,  and  if  the  bond  is  approved,  such 
fee  shall  be  taxed  in  the  plaintiff's  costs,  if  he  prevail  in  the 
suit.  Approved  June  3,  1870. 


Chap.^l^ 


An  Act  concerning  the  attachment  of  personal  property. 

Be  it  enacted,  Sfc,  as  follows : 
Personal  prop-  SECTION  1.  Pcrsoual  property  attached  by  any  constable, 
by^a '^constable  and  in  his  custody  by  virtue  of  any  writ  of  attachment  or 
Sci^ld^l^u'r'^  execution,  may  be  further  attached  by  any  deputy  sheriff  or 
taken  posses-  other  Competent  officer  upon  any  writ  of  attachment  or  exe- 
uty"sherittou^  cutiou  which  such  coustablc  may  not  be  authorized  by  law 
constIbie°'can-  to  scrvc ;  and  thereupon  such  constable  shall  make  return 
not  serve.         upou  liis  Writ  of  his  doiugs  thereon,  and  shall  deliver  the 

same,  with  the  possession  of  the  property,  to  such  deputy 

sheriff  or  other  officer,  who  shall  complete  the  service  thereof. 


1870.— Chapters  311,  312.  229 

If  such  original  writ  has  been  returned  into  court,  the  if  writ  is  re- 
constable  shall  file  in  the  case  a  certificate  of  the  fact  of  such  court,  constable 
surrender  of  possession.  of  surrender. "^^^ 

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

Approved  June  3,  1870. 


Chap. ^11 


An  Act  in  relation  to  the  sale  and  delivery  of  milk. 
Be  it  enacted,  ^"c,  as  follows  : 

Knj  person  who  shall  sell  or  shall  offer  for  sale,  any  milk,  Penalty  for 
knowing  that  the  cream  or  any  part  thereof  has  been  removed  from  which  the 
therefrom,  or  who  shall  with  such  knowledge  deliver  any  removed!*  ^^^"^ 
such  milk  to  any  person  to  be  made  into  butter  or  cheese, 
without  giving  notice  at  the  time  to  the  person  to  whom  such 
milk  is  sold,  offered  for  sale,  or  delivered,  that  such  cream 
has  been  removed,  shall  be  punished  by  a  fine  of  not  less 
than  twenty  dollars  nor  more  than  one  hundred  dollars. 

Approved  June  3,  1870. 


An  Act  for  the  preservation  of  evidence  in  certain  cases 
in  suffolk  county. 


Chap. '^12 

Be  it  enacted,  Sfc.,  as  follows : 

Section  1.     The  judges  of  the  superior  court,  or  a  major-  xwosteno- 
ity  of  them,  shall  appoint  two  stenographers  to  serve  as  here-  f?^to  be'^^^"'^*" 
inafter  provided,  at  the  terms  of  said  court  held  for  civil  ^£p°!!^'^'^*^'  ^^^ 
business  within  and  for  the  county  of  Suffolk,  who  shall  be 
sworn  officers  of  said  court,  and  who  shall  each  receive  an  Salaries. 
annual  salary  of  two  thousand  dollars,  to  be  paid  by  the  said 
county  of  Suffolk. 

Section  2.     Whenever  in  the  trial  of  any  action  in  said  Reporters  to 
court  for  said  county,  both  parties  to  the  same  shall  agree  "port  of^d"" 
in  writing  that  a  stenographic  report  of  the  evidence,  or  of  wheu^ordered 
the  charge  of  the  presiding  judge,  or  of  any  part  of  the  pro-  agreement  of 
ceedings,  shall  be  taken,  or  whenever,  upon  the  application  ^^^^^^^' 
of  either  party  to  an  action,  the  presiding  judge  shall  deem 
it  advisable  that  a  stenographic  report  of  any  part  of  the  pro- 
ceedings shall  be  taken,  it  shall  be  the  duty  of  the  stenog- 
raphers so  appointed  to  cause  full  stenographic  notes  to  be 
taken  of  such  proceedings,  or  any  part  thereof  which  may 
be  so  required ;  and  it  shall  further  be  the  duty  of  the  said 
stenographers  to  furnish  to  either  party  to  such  action,  upon 
request,  a  transcript  of  such  part  of  the  notes  so  taken  as 
may  be  required,  on  payment,  on  behalf  of  such  party,  of 
seven  cents  per  hundred  words  for  each  and  every  copy  so  compensation 
transcribed  and  furnished  ;  and  in  case  the  presiding  judge  n^o'tes^"*''"''^"^ 
shall  require  a  transcript  of  any  part  of  the  stenographic 
notes  so  taken,  he  may  order  the  expenses  thereon  to  be 


vacancies. 


230  1870.— Chapters   313,  314. 

paid  equally  by  the  parties  to  the  action,  at  the  rate  of  seven 
cents  for  every  hundred  words  so  transcribed,  and  may  en- 
force payment  thereon,  and  the  amount  so  paid  may  be 
allowed  to  the  prevailing  party  in  action. 
Removals  and  SECTION  3.  The  iudffes  of  Said  court,  or  a  maiority  of 
them,  may  remove  said  stenographers,  or  either  of  them,  at 
any  time,  and  shall  fill  any  vacancy  caused  by  such  removal 
or  otherwise. 

Assistant  sten-  SECTION  4.  The  Stenographers  so  appointed,  or  either  of 
porter  may  be  them,  may,  by  and  with  the  consent  of  the  presiding  judge 
consenfof^'*'^  ill  ^1^7  actiou  where  a  stenographic  report  shall  be  required, 
judge.  appoint  an  assistant  stenographer  to  assist  him  in  the  dis- 

charge of  his  duties,  who  shall  also  be  sworn  to  a  faithful 
Proviso.  discharge  of  his  duties :  provided,  that  no  additional  com- 

pensation shall  be  paid  or  expense  incurred  by  reason  of 
such  appointment. 

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

Approved  June  3,  1870. 

CAaW.  313    -^^    -^^•'^   CONCERNING    CERTAIN    LEGAL    PROCEEDINGS   EST    THE    NAME 
•*  '  OF    THE    COMMONWEALTH. 

Be  it  enacted,  ^'c,  as  follows  : 
Actions  to  be         SECTION  1.     All  actious  brouo;ht  in  favor  of  the  Common- 

brought  in  ,   ,  ,  ,  .    .  ^  .  „  •  c      \ 

court  where  Wealth  uuder  the  provisions  ot  section  lorty-six  oi  chapter 
melt' wa"  rfn-  onc  huiidrcd  and  twenty-four  of  the  General  Statutes,  shall 
dered.  Y)q  brought  in  the  court  where  the  original  judgment  was 

rendered. 
for^recovf!-°^of      SECTION  2.     Ill  all  proceedings,  in  the  name  of  the  Com- 
fines  inuring  to  monwcalth,  for  the  recovery  of  fines,  forfeitures  or  penalties, 
court  may  ap-    the  wliolc  or  aiiy  part  of  which  inure  to  the  benefit  of  other 
point  counsel,    parties,  the  court  may,  on  motion  of  the  attorney  otherwise 
conducting  the  cause  for  the  Commonwealth,  appoint  couiir 
sel  for  that  purpose  ;  but  such  counsel  so  appointed,  shall 
not  have  the  right  to  control  the  cause  nor  receive  any  com- 
pensation from  the  Commonwealth. 

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

Approved  June  3,  1870. 


Chap.  ^14. 


An  Act  relating  to  the  moving  of  buildings  in  public  streets 

AND    WAYS. 

Be  it  enacted,  Sfc,  as  folloios  : 
Buildings  not         Section  1.     No  pcrsou  sliall  move  a  building  in  any  public 
any  pilbn^c''*^  ^^  strcct  or  way  in  any  town,  without  written  permission  from 
con^s'eVrof'""*    the  sclectmcn  of  such  town,  to  be  granted  upon  such  terms 
selectmen.        aud  couditious  as  iu  their  opinion  the  public  safety  may 

require ;  and  the  provisions  of  this  act  may  be  enforced  by 


1870.— Chapters  315,  316,  317,  318.  231 

injunction,  to  be  issued  on  petition  by  the  superior  court  in 
term  time,  or  by  a  single  justice  thereof  in  vacation. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  3,  1870. 

An  Act  to  change  the  time  of  holding  the  October  term  of  Qfian.  315 

THE    SUPERIOR    COURT   FOR    THE    COUNTY   OF    ESSEX.  "' 

Be  it  enacted,  Sfc,  as  follows: 

Section  1.     The  criminal  term  of  the  superior  court  for  ^/\^erio*r^'"'^ 
the  county  of  Essex,  now  required  by  law  to  be  held  at  Law-  court  in  Essex 
rence  on  the  second  Monday  of  October,  annually,  shall  here-  hew  on'flrst 
after  be  held  at  Lawrence  on  the  first  Monday  of  October,  q  "tober.  °^ 
annually. 

Section  2.     All  writs,  processes,  bonds  and  recognizances  ^^l^l^^^^^^  ^^' 
which  shall  be  made  returnable  to  said  court  on  the  second  second  Monday 
Monday  of  October  next,  shall  be  returned  to,  be  entered  at,  enterp'd  on^first 
and  have  day  in,  the  term  of  said  court  to  be  held  at  Law-  Monday, 
rence  on  the  first  Monday  of  October  next. 

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

Approved  June  3,  1870. 
An  Act  concerning  the  annual   municipal  elections  in  the  C%^n,  316 

CITY   OF   new   BEDFORD.  "' 

Be  it  enacted,  ^'c,  as  follows  : 

Section  1.     The  annual  municipal  elections  in  the  city  of  Annual  muni- 

ClD&l  6lGction 

New  Bedford,  now  required  to  be  holden  on  the  first  Monday  to  be  heid  on 
of  December,  shall  hereafter  be  held  on  the  first  Tuesday  of  of  Dec^mbtr!" 
December,  annually. 

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

Approved  June  3,  1870. 
An  Act  to  establish  the  salary  of  the  cashier  of  the  treas-  nhnvt  317 

URY   department.  ^' 

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

Section  1.     The  cashier  of  the  treasury  department  shall  salary  of  two 
receive  an  annual  salary  of  two  thousand  dollars,  payable  lars"^'''^ 
from  the  first  day  of  January  of  the  present  year. 

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

Approved  June  3,  1870. 


Chap. SIS 


An  Act  to  incorporate  the  uxbridge  savings  bank. 
Be  it  enacted,  8fc.,  as  follows : 

Section  1.     Moses  Taft,  A.  W.  Bennett,  C.  A.  Wheelock,  corporators, 
their  associates  and  successors,  are  hereby  made  a  corpora- 
tion by  the  name  of  the  Uxbridge  Savings  Bank,  to  be  estab-  Name  and  pur- 
lished  in  the  town  of  Uxbridge;  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  wliich  now  are  or  may 


232  1870.— Chapters   319,   320,   321. 

hereafter  be  in  force,  applicable  to  savings  banks  and  institu- 
tions for  savings. 

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

Approved  June  3,  1870. 

ChaV     319  "^^  "^^^   ^^    KXTEND  THE  TIME  FOR  OBGANIZING  THE  GROTON  S AV- 
^  '  INGS  BANK. 

Be  it  enacted,  Sfc,  as  follows  : 
Time  for  organ-      SECTION  1.     The  tiuiB  for  Organizing  the  Groton  Savings 
Bank,  at  Groton  Junction,  is  hereby  extended  to  the  first 
day  of  May  in  the  year  eighteen  hundred  and  seventy-one. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  3,  1870. 

ChciD     320    ^^  ^^^    ^^    INCORPORATE    THE    MERRIMACK    STREET  RAILWAY   COM- 
^'  PANY   IN  THE  TOWNS  OF  HAVERHILL,  GROVELAND   AND    BRADFORD. 

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

Corporators.  SECTION  1.     Fraukliu  Brickctt,  Henry  N.  Merrill  and  Levi 

Taylor,  their  associates  and  successors,  are  hereby  made  a 
Name  and  pur-  corporation  by  the  name  of  the  Merrimack  Street  Railway 
pose.  Company,  for  the  purpose  of  constructing  and  operating  a 

street  railway  from  a  point  near  the  passenger  station  of  the 
Boston  and  Maine  Railroad  in  Haverhill,  to  some  convenient 
point  in  the  town  of  Groveland,  and  from  said  passenger'  sta- 
Powers  and  du-  tiou  to  somo  Convenient  point  in  the  town  of  Bradford  ;  with 
^^^'  all  the  powers  and  privileges,  and  subject  to  all  the  duties, 

restrictions  and  liabilities  set  forth  in  all  general  laws  which 
now  are,  or  may  hereafter  be  in  force  relating  to  street  rail- 
way corporations. 
Additional  ex-      SECTION  2.     All  ncccssary  additional  expense  incurred  for 
to'be  borne'^by  the  usc  and  benefit  of  said  railway  in  the  construction  of  the 
ration.''^  '^°'"P°'  bridge  over  the  Merrimack  River  between  Haverhill  and 
Groveland,  authorized  to  be  built  under  the  provisions  of  the 
acts  of  the  present  legislature,  shall  be  borne  by  said  railway 
corporation,  the   amount   thereof  to  be   estimated   by  the 
county  commissioners  of  the  county  of  Essex  ;  and  said  rail- 
way company,  if  they  locate  and  operate  their  tracks  on  said 
bridge,  shall  pay  the  same  into  the  county  treasury. 
Capital  stock.         SECTION  3.     The  Capital  stock  of  said  corporation  shall  not 
exceed  sixty  thousand  dollars.  Approved  June  3, 1870. 

An  Act  to  amend  chapter  three  hundred  and  fifty-one  of 

the  acts  of  the  year  eighteen  hundred  and  sixty-nine,  for 

supplying  the  city  of  lowell  with  water. 

Be  it  enacted,  ^c,  as  follows : 

Lowell  may  SECTION  1.     The  city  of  Lowcll,  for  the  purposes  named 

Merrimack  Riv-  ill  the  first  scctioii  of  chapter  three  hundred  and  fifty-one  of 

eratDracut;     ^j^^  ^^^^  ^^  ^^^q  year  eighteen  hundred   and  sixty-nine,  is 

hereby  authorized  to  take  water  from  the  Merrimack  River, 


Chap.  321 


1870.— Chapter  322.  233 

in  the  town  of  Dracut,  or  said  Lowell,  and  also  to  take  and  jr^'^f^^j^^^^^^^*^ 
bold,  by  purcbase  or  otherwise,  land  in  said  Dracut  or  weus. 
Lowell,  for  sinking  wells  or  making  excavations,  in  order  to 
obtain  water  by  filtration  or  percolation,  or  from  subterra- 
nean streams,  and  for  the  construction  of  sucb  works  as  may 
be  necessary  therefor,  and  for  all  other  purposes  for  which 
said  city  might  take  or  bold  land  under  the  provisions  of 
said  act,  in  case  the  water  were  taken  from  the  sources  in 
said  act  authorized. 

Section  2.  Nothing  in  this  act  shall  authorize  the  con-  fiow  of  water 
struction  of  any  works  which,  when  completed,  shall  obstruct  be  obstructed. 
the  flow  of  the  water  of  said  river,  (not  taken  as  herein 
authorized,)  to  or  from  any  water  mill  now  existing  in  said 
Lowell.  And  in  the  event  that  under  authority  of  this  act 
water  shall  be  taken  from  said  river  at  any  place  above  the 
dam  of  the  Proprietors  of  Locks  and  Canals  on  Merrimack 
River,  nothing  herein  shall  authorize  the  use  of  water  so 
taken,  as  or  for  power  for  propelling  or  operating  machinery, 
otherwise  than  as  steam. 

Section  3.  Li  the  execution  of  the  authority  hereby  Remedy  for 
granted,  all  the  proceedings,  rights,  powers  and  liabilities  '^™*^®^' 
shall,  except  as  herein  otherwise  provided,  be  the  same,  and 
all  persons  and  corporations,  who  shall  be  damaged  in  their 
property  thereby,  shall  have  the  same  remedies  provided  in 
said  act  of  the  year  eighteen  hundred  and  sixty-nine,  in  case 
the  water  were  taken  from  the  sources  in  said  act  authorized. 

Section  4.     If  any  person  wantonly  or  maliciously  shall  Penalty  for  ma- 
divert  the  water  from,  or  corrupt  the  water  in,  or  destroy  or  ing° or  Mrrupt^ 
injure  any  aqueduct,  reservoir,  pipe,  conduit,  hydrant,  ma-  i°s^*ter. 
chine,  or  other  works  or  property  held,  owned,  or  used  by  the 
said  city  of  Lowell,  by  the  authority  and  for  the  purposes  of 
this  act,  every  such  person  or  persons  shall  forfeit  and  pay  to 
the  said  city  three  times  the  amount  of  damages  that  shall 
be  assessed  therefor,  to  be  recovered  by  any  proper  action ; 
and  every  such  person  or  persons  may,  moreover,  on  indict- 
ment for,  and  conviction  of,  either  of  the  wanton  or  mali- 
cious acts  aforesaid,  be  punished  by  fine  not  exceeding  one 
thousand  dollars,  and  imprisonment  not  exceeding  one  year. 

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

Approved  June  3,  1870. 
An  Act  confirming  certain  acts  of  the  selectmen,  assessors,  x>7         qoo 

AND   collector    OF   TAXES    OF    THE    TOWN  OF   MENDON.  L^tlttJ).  OZAi 

Be  it  enacted,  cVc,  as  follows : 

Section  1.     All  the  acts  of  the  selectmen  of  the  town  of  Appointment 
Mendon,  in  appointing  Calvin  Butler  collector  of  taxes  of  as  collector  of 
said  town  for  the  year  eighteen  hundred  and  sixty-nine,  and  donrconfirmed'. 
30  .        ' 


234  1870.— Chapter  323. 

all  acts  of  the  assessors  of  said  town  in  committing  the  tax 
list  thereof,  for  said  year  to  said  collector,  and  all  acts  of 
said  collector  done  in  pursuance  of  the  warrant  committed 
to  him  by  said  assessors,  are  hereby  confirmed  and  made 
valid  in  law ;  and  the  said  Calvin  Butler  is  hereby  author- 
ized and  empowered,  as  such  collector,  to  complete  the  col- 
lection of  said  tax  list,  notwithstanding  any  irregularity  in 
his  appointment  and  qualification  as  such  collector,  or  in  the 
commitment  of  said  tax  list. 

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

Approved  June  3,  1870. 

Chan.  323    ■^■^     ^^^    ^*-*     incorporate     the    NORTHAMPTON    LOAN    AND     TRUST 
■^'  COMPANY. 

Be  it  enacted,  Sfc,  as  folloios  ; 
Corporators.  SECTION  1.     Jocl  Haydcu,  Lafayette  Maltby,  Horatio  G-. 

Knight,  their  associates  and  successors,  are  hereby  made  a 
Name  and  pur-  Corporation  by  the  name  of  the  Northampton  Loan  and 
Trust  Company,  to  be  located  at  Northampton,  for  the  pur- 
pose of  receiving  on  deposit,  storage  or  otherwise,  money  in 
sums  of  one  thousand  dollars  and  upwards,  government  secu- 
rities, stocks,  bonds,  coin,  jewelry,  plate,  valuable  papers  and 
documents,  evidences  of  debt,  and  other  property  of  every 
kind,  and  of  collecting  and  disbursing  the  interest  or  income 
upon  such  of  said  property  received  on  deposit,  as  produces 
interest  or  income,  and  of  collecting  and  disbursing  the 
principal  of  such  of  said  property  as  produces  interest  or 
income  when  it  becomes  due,  upon  terms  to  be  prescribed 
by  the  corporation  ;  and  for  the  purpose  of  advancing  money 
or  credits  on  real  and  personal  security,  on  terms  that  may 
Powers  and  du-  be  agreed  upon  ;  and  all  the  powers  and  privileges  necessary 
for  the  execution  of  this  purpose  are  hereby  granted,  subject, 
nevertheless,  to  the  duties,  restrictions  and  liabilities  set 
forth  in  the  sixty-eighth  chapter  of  the  General  Statutes, 
and  in  all  the  general  laws  which  now  are  or  hereafter  may 
be  in  force  relating  to  such  corporations. 
Courts  may  SECTION  2.     Any  court   of  law   or  of  equity,  including 

cr'^pro^rty^^  courts  of  probatc  and  insolvency,  of  this  state,  may,  by  de- 
tr^Hob'eTepo".  crcc  Or  othcrwisc,  direct  any  moneys  or  properties  under  its 
cor*^  oration"^  coutrol,  or  that  may  be  paid  into  court  by  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,  however,  that  said  corporation  shall  not  be  required 
to  assume  or  execute  any  trust  without  its  own  assent.  Said 
corporation  shall  also  have  power  to  receive  and  hold  moneys 


1870.— Chapter  323.  *      235 

or  property  in  trust  or  on  deposit  from  executors,  adminis- 
trators, assignees,  guardians  and  trustees,  upon  such  terms 
or  conditions  as  may  be  obtained  or  agreed  upon  :  provided,  ^TTne'^'s 
also,  that  all  such  moneys  or  properties  received  under  the  entrusted  may 
provisions  of  this  section,  shall  be  loaned  on  or  invested  only  ^^  i^i^^^t^*^- 
in  the  authorized  loans  of  the  United  States,  or  of  any  of  the 
New  England  states,  or  cities,  or  counties,  or  towns  of  said 
states,  or  stocks  of  state  or  national  banks  organized  within 
this  Commonwealth,  or  the  first  mortgage  bonds  of  any  rail- 
road incorporated  by  any  of  the  New  England  states,  which 
has  earned  and  paid  regular  dividends  on  its  stock  for  two 
years  next  preceding  such  loan  or  investment,  or  first  mort- 
gages on  real  estate,  or  upon  the  notes  of  corporations  cre- 
ated under  the  laws  of  any  of  the  New  England  states,  or  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 :)  provided,  also,  that  all  such  money  or  property  Proviso, 
received,  invested  or  loaned  under  this  section  shall  be  a  spe- 
cial deposit  in  said  corporation,  and  the  accounts  thereof 
shall  be  kept  separate,  and  such  funds,  the  investment  or 
loans  of  them,  shall  be  specially  appropriated  to  the  security 
and  payment  of  such  deposits,  and  not  be  subject  to  the 
other  liabilities  of  the  corporation  ;  and  for  the  purpose  of 
securing  the  observance  of  this  proviso,  said  corporation 
shall  have  a  trust  department,  in  which  all  business  author- 
ized by  this  section  shall  be  kept  separate  and  distinct  from 
its  general  business. 

Section  8.     Said  corporation  shall  semi-annually  make  a  Jo  make  return 

i^  .  \         ^        •  \  •      n  ^'^  commission- 

return  to   the  commissioner  of  savings  banks  m  tins  Oom-  er  of  savings 

monwealth,  on  or  before  the  second  Mondays  of  May  and 
November,  which  shall  be  signed  and  sworn  to  by  a  majority 
of  its  board  of  directors  ;  and  said  return  shall  specify  the 
following,  namely  :  capital  stock  ;  amount  of  all  moneys  and 
property,  in  detail,  in  the  possession  or  charge  of  said  com- 
pany as  deposits,  trust  funds  or  for  purposes  of  investment ; 
number  of  depositors ;  investments  in  authorized  loans  of 
the  United  States  or  any  of  the  New  England  states,  or  cities 
or  towns,  stating  amount  in  each  ;  invested  in  bank  stock, 
stating  amount  in  each  ;  invested  in  railroad  stock,  stating 
amount  in  each  ;  invested  in  railroad  bonds,  stating  amount 
in  each  ;  loans  on  the  notes  of  corporations ;  loans  on  notes 
of  individuals  ;  loans  on  mortgage  of  real  estate  ;  cash  on 
hand  ;  rate,  amount  and  date  of  dividends  since  last  return  ; 
and  the  commissioner  of  savings  banks  shall  have  access  to 


236 


1870.— Chapter  323. 


Subject  to  pro- 
visions of  1865, 
283. 


Taxes,  how  to 
be  assessed. 


Annual  return 
to  be  made  to 
tax  commis- 
sioner. 


Commissioner 
to  send  printed 
copy  of  return 
to  city  and  town 
assessors. 


May  act  as 
agent  for  issu- 
ing bonds,  &c., 
for   any  corpo- 
ration. 


Capital  stock. 


Proviso. 


the  vaults,  books  and  papers  of  the  company,  and  it  shall  be 
his  duty  to  inspect,  examine  and  inquire  into  its  affairs,  and 
to  take  proceedings  in  regard  to  them  in  the  same  manner, 
and  to  the  same  extent,  as  if  this  corporation  were  a  savings 
bank,  subject  to  all  the  general  laws  which  now  are  or  here- 
after may  be  in  force,  relating  to  such  institutions  in  this 
regard. 

Section  4.  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  the  acts  in 
amendment  thereof;  and  the  taxes  upon  all  property  en- 
trusted to  the  charge  of,  or  deposited  with  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  Commonwealth,  or  in  any  acts 
which  may  hereafter  be  passed  in  lieu,  or  amendment 
thereof. 

Section  5.  Said  corporation  shall,  annually,  between  the 
first  and  tenth  days  of  May,  return  to  the  tax  commissioner 
a  true  statement,  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  Common- 
wealth a  true  copy  of  said  return. 

Section  6.  The  said  corporation  is  also  authorized  to  act 
as  agent  for  the  purpose  of  issuing,  registering  or  counter- 
signing the  certificates  of  stock,  bonds  or  other  evidences  of 
indebtedness  of  any  corporation,  association,  municipality, 
state  or  public  authority,  on  such  terms  as  may  be  agreed 
upon. 

Section  7.  The  capital  stock  of  said  corporation  shall  be 
one  hundred  thousand  dollars,  with  the  privilege  to  increase 
the  same  to  five  hundred  thousand  dollars ;  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  transacted  by  the  corporation  until  the  whole  amount 
is  subscribed  for  and  actually  paid  in ;  and  no  shares  shall 
be  issued  until  the  par  value  of  such  shares  shall  have  been 
actually  paid  in  in  cash. 


1870.— Chapters  324,  325.  237 

Section  8.     Said  corporation  shall  be  entitled  to  purchase  |5o,wo  in  real 
and  hold,  for  its  own  use,  real  estate  not  exceeding  in  value 
fifty  thousand  dollars. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  3,  1870. 
Ax  Act  coxcerning  that  portion  of  the  road  late  belong-  Qfidp,  324 

ING     TO     THE     SALEM    TURNPIKE    AND    CHELSEA    BRIDGE     CORPORA-  "' 

TION   WHICH    LIES    WITHIN    THE   LIMITS    OF  THE    CITY   OF    CHELSEA. 

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

Section  1.     That  portion  of  the,  highway  lately  belonging  ^["^f^'^'J^/JJ 
to   the   Salem   Turnpike   and  Chelsea  Bridge  Corporation  belonging  to 
which  lies  within  the  limits  of  the  city  of  Chelsea,  and  is  pikl™nd"ch'ei- 
called  Broadway,  shall  hereafter  be  under  the  jurisdiction  poti^[ou^'^to^°be 
and  control  of  said  city,  in  the  same  manner  and  to  the  same  under  jurisdic- 

,  ,  •'  '  ,  .  •  1       •  tiou  of  city. 

extent  as  the  other  streets  and  ways  ni  said  city  now  are  : 
subject,  however,  to  the  riglits  which  the  Boston  and  Chelsea 
Railroad  Company  and  the  Lynn  and  Boston  Railroad  Com- 
pany have  in  said  highway,  except  as  herein  provided. 

Section  2.     The  mayor  and  aldermen  of  said  city  may  Mayor  and  ai- 
alter  the  grade  of  said  street,  and  the  tracks  of  said  railroad  aUeTgra'Se  of 
companies  to  conform  to  such  change  of  grade,  and  there-  tJaolVof^horse 
after  the  obligations  of  said  city  of  Chelsea  and  of  said  rail-  cars. 
road  companies,  respectively,  to  keep  said  street  in  repair, 
and  the  liabilities  of  said  corporations,  respectively,  by  reason 
of  defects  in  said  road  and  tracks  shall  be  such,  and  such 
only,  as  are  imposed  upon  municipal  corporations  and  street 
railway  companies,  respectively,  under  existing  laws. 

Section  3.     All  acts  and  parts  of  acts  inconsistent  with  Repeal, 
the  provisions  of  this  act  are  hereby  repealed. 

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

Approved  June  3,  1870. 

An  Act  concerning  railroad  corporations.  Chan  325 

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

Section  1.     Any  railroad  corporation  may  establish  for  its  Eaiiioad  corpo- 
sole  benefit,  fares,  tolls  and  charges,  upon  all  passengers  and  estawfsifrltes 
property,  conveyed  or  transported  on  its  railroad,  at  such  cfl.^^ges^°o1• 
rates  as  may  be  determined  by  the  directors  thereof,  and  freight. 
may  from  time  to  time  by  its  directors  regulate  the  use  of 
its  road  :  provided,  that  such  rates  of  fares,  tolls  and  charges.  Proviso. 
and  regulations,  shall  at  all  times  be  subject  to  revision  and 
alteration  by  the  legislature,  or  such  officers  or  persons  as 
the  legislature  may  appoint  for  the  purpose,  anything  in  the 
charter  of  any  such  railroad  corporation  to  the  contrary  not- 
withstanding. 


238 


1870.— Chapter  325. 


state  may  take 
and  possess  any 
railroad  upon 
giving  one 
year's  notice  to 
corporation. 


Commissioners 
to  determine 


Towns  of  less 
than  twelve 
thousand  in- 
habitants may 
take  stock  in 
any  railroad. 


Provisos. 


TovsTis  may 
raise  money  by 
loan,  &c.,  to  pay 
for  shares. 


Section  2.  The  Commonwealth  may,  at  any  time  take 
and  possess  the  road,  franchise  and  other  property  of  any 
raih'oad  corporation  after  giving  one  year's  notice  in  writing 
to  such  railroad  corporation,  and  paying  therefor  such  com- 
pensation as  may  be  awarded  by  three  commissioners,  who 
shall  be  appointed  by  the  supreme  judicial  court,  and  shall 
be  duly  sworn  to  appraise  the  same  justly  and  fairly.  Said 
commissioners  shall  estimate  and  determine  all  damages  sus- 
tained by  any  such  railroad  corporation  by  such  taking  of 
the  road,  franchise  and  other  property  thereof,  and  any  such 
corporation  aggrieved  by  "the  determination  of  said  commis- 
sioners, may  have  its  damages  assessed  by  a  jury  of  the 
superior  court  in  the  county  of  Suffolk  in  the  same  manner 
as  is  provided  by  law  with  respect  to  damages  sustained  by 
reason  of  the  laying  out  of  ways  in  the  city  of  Boston. 

Section  3.  Any  town  of  this  Commonwealth  having  less 
than  twelve  thousand  inhabitants  within  which  the  road  of 
any  railroad  corporation  hereafter  incorporated,  or  the  road 
of  any  existing  corporation  which  is  not  now  constructed 
shall  be  located  or  terminate,  may  subscribe  for  and  hold 
shares  of  the  capital  stock,  or  the  securities  of  such  railroad 
corporation,  to  an  amount  not  exceeding  five  per  centum  of 
the  valuation  of  such  town  for  the  year  in  which  the  sub- 
scription shall  be  made :  provided^  that  two-thirds  of  the 
legal  voters  of  such  town  present  and  voting  by  ballot  and 
using  the  check-list,  at  a  legal  town  meeting  duly  called  for 
the  purpose,  shall  vote  to  subscribe  for  such  shares  or  secu- 
rities ;  but  nothing  herein  contained  shall  affect  the  right  of 
any  town  to  subscribe  for  such  shares  or  securities  under 
authority  of  any  previous  act ;  and  provided,  also,  that  the 
total  amount  of  all  subscriptions  of  such  town  which  have 
been  or  may  be  made  to  the  stock  or  securities  of  any  rail- 
road corporation  or  corporations  under  authority  of  this  or 
any  previous  act,  shall  not  exceed  five  per  centum  of  the 
assessed  valuation  of  such  town.  Such  town  may  pay  for 
such  shares  or  securities  so  voted  to  be  taken  out  of  its  treas- 
ury, and  may  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  ;  and  the  selectmen  of  such  town  or 
any  agent  specially  chosen  for  the  purpose,  shall  have  author- 
ity to  represent  such  town  at  any  and  all  meetings  of  such 
corporations,  and  may  vote  on  the  whole  amount  of  the 
stock  so  held,  anything  in  chapter  sixty-three  of  the  General 
Statutes  to  the  contrary  notwithstanding. 


1870.— Chapter  326.  239 

Section  4.     Any  railroad  corporation  whose  line  of  road  Any  railroad 
is  ■wholly  constructed  and  in  operation,  may  guarantee  the  may  gimrantee 
bonds  or  other  evidences  of  indebtedness  of  any  railroad  cor-  ot°to  l(^ads,^u- 
poration  which  may  be  subsequently  chartered,  or  of  any  foteof^stoct 
existing  railroad  corporation  whose  road  is  not  constructed,  holders, 
whenever  the  road  of  such  subsequently  chartered,  or  exist- 
ing corporation  shall  join  or  connect  with  its  road  in  such 
manner  and  to  such  an  extent  as  shall  be  authorized  by  a 
majority  vote  on  the  stock  represented  at  a  meeting  of  the 
stockholders  of  said  corporation  called  for  the  purpose. 

Section  5.     Section  one  hundred  and  twelve  of  chapter  Repeal, 
sixty-three  of  the  General  Statutes  is  hereby  repealed. 

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

Approved  June  4,  1870. 
An  Act  concerning  fees  of  witnesses  in  civil  and  criminal  Qfidp^  S26 

CASES.  '  ' 

Be  it  enacted,  Spc,  as  follows : 

Section  1.     No  person  employed  as  a  state  constable,  or  state  constable 

^       3.11(1  QGtJlltlGS 

deputy  state  constable,  nor  any  officer  of  the  state  whose  sal-  not  to  receive 
ary  is  fixed  by  law,  shall  be  entitled  to  any  witness  fees  wilei^e^thritate 
before  any  court  or  trial  justice  of  this  Commonwealth  in  is  a  party. 
any  cause  where  the  Commonwealth  is  a  party.     Nor  shall 
any  officer  whose  pay  is  derived  solely  from  fees  be  entitled 
to  receive  more  than  one  per  diem  allowance  as  a  witness 
for  any  day's  attendance  on  court,  under  one  or  more  sum- 
monses in  behalf  of  the  Commonwealth,  and  the  said  per 
diem  allowance  shall  be  apportioned  by  the  clerk  among  the 
cases  in  which  he  is  so  summoned. 

Section  2.     When  it  shall  appear  on  oath  that  a  salaried  court  may 
officer  of  the  Commonwealth  not  entitled  to  witness  fees,  has  of  wituJ'sf*"*^' 
attended  court  as  a  witness  in  behalf  of  the  Commonwealth,  ^tied  to°pay  for 
at  a  place  other  than  his  residence,  and  that  his  necessary  attendance, 
expenses  have  been  increased  by  such  attendance  as  a  wit- 
ness, the  court  in  its  discretion  may  allow  such  increased 
necessary  expense,  not  exceeding  however  one  dollar  and 
fifty  cents  in  all  for  actual  and  necessary  attendance  per  day 
under  the  summons  or  summonses. 

Section  3.     Any  person  or  persons  included  in  the  fore-  Penalty  for 
going  sections  who  shall  receive  any  witness  fees  or  allow-  ceMug"mtnes8 
ances  for  increased  necessary  expense  contrary  to  the  true  ^*^''^- 
intent  and  meaning  of  this  act,  shall  on  conviction  thereof, 
be  punished  by  a  fine  not  exceeding  one  hundred  dollars. 
The  clerks  of  the  respective  courts  and  the  trial  justices, 
shall  report  forthwith  to  the  district  attorneys  of  the  respec- 
tive counties  where  the  said  courts  or  hearings  are  had, 


240 


1870.— Chapter  327. 


every  violation  of  this  statute  that  shall  come  to  their  knowl- 
edge, and  the  said  district  attorneys  shall  institute  prosecu- 
tions therefor.  Approved  June  4,  1870. 


Chap.  327 


United  States 
ma^  purchase 
additional  land 
in  Boston  for 
post-office. 


Description  of 
estate  owned 
by  Thomas 
Goddard, 
trustee ; 


— owned  by 
Merchants'  In- 
surance Com- 
pany. 


An  Act  giving  the  consent  of  the  commonwealth  to  the 
united  states  for  the  purchase  of  additional  land  in  the 
city  of  boston,  for  the  sub-treasury  and  post-office  site. 

Be  it  etiacted,  §'c.,  as  follows: 

Section  1.  The  consent  of  this  Commonwealth  is  hereby 
granted  to  the  United  States  to  purchase  additional  land  for 
the  site  of  the  new  post-office  and  sub-treasury  building  in 
the  city  of  Boston,  the  said  additional  land  lying  adjoining 
the  tract  already  purchased  by  the  United  States  in  the  block 
bounded  by  Devonshire,  Water,  Congress  and  Milk  Streets. 

The  said  tracts  of  additional  land  are,  First:  an  estate 
owned  by  Thomas  Goddard,  trustee,  fronting  on  Milk  Street, 
bounded  and  described  as  follows :  beginning  at  the  most 
south-westerly  corner  of  the  said  land  at  a  point  in  the 
northerly  line  of  Milk  Street,  said  point  being  in  the  division 
line  of  property  between  land  of  the  United  States  and  land 
herein  described  ;  thence  running  eastwardly  on  Milk  Street, 
there  measuring  twenty  feet  and  five  inches ;  thence  north- 
wardly by  other  land  of  the  said  Goddard,  trustee,  sixty-two 
feet  and  seven  inches  to  land  of  Edward  Wigglesworth  ; 
thence  westwardly  by  land  of  said  Wigglesworth  about  one 
foot  and  two  inches ;  thence  northwardly  by  the  same,  five 
feet ;  thence  westwardly  by  land  of  the  United  States  twenty- 
one  feet ;  thence  southwardly  by  the  same,  seven  feet  and 
seven  inches,  and  thence  southwardly  again  by  the  same, 
fifty-eight  feet  and  seven  inches,  to  the  point  of  beginning, 
containing  fourteen  hundred  and  fifty-four  square  feet,  more 
or  less. 

Second  :  another  tract,  being  an  estate  owned  by  the  Mer- 
chants' Insurance  Company,  fronting  on  Water  Street, 
bounded  and  described  as  follows :  beginning  at  the  most 
north-westerly  corner  of  said  estate,  at  a  point  in  the  south- 
erly line  of  Water  Street,  said  point  being  in  the  division 
line  of  property  between  land  of  the  United  States  and  land 
herein  described,  and  also  being  the  westerly  corner  of 
Water  Street  and  a  common  passage  way  eleven  feet  wide  ; 
thence  running  eastwardly  by  Water  Street,  there  measuring 
eleven  feet  and  one-third  of  an  inch ;  thence  southerly  by 
other  land  of  said  Merchants'  Insurance  Company,  seventy- 
three  feet  and  three  inches  ;  thence  westwardly  by  land  of 
the  United  States,  eleven  feet ;  thence  northwardly  by  the 
same,  seventy-two  feet  and  eight  and  one-half  inches  to  the 


1870.— Chapter  327.  241 

point  of  beginning ;  containing  eight  hundred  and  twelve 
square  feet,  more  or  less,  being  a  strip  of  land  eleven  feet 
wide,  used  as  a  common  passage  way  by  the  United  States 
and  the  said  Merchants'  Insurance  Company,  or  any  part  or 
portion  thereof;  and  jurisdiction  is  hereby  ceded  to  the 
United  States  over  the  said  tracts,  respectively,  or  any  part 
or  portion  thereof,  when  the  United  States  shall  become  the 
owner  thereof;  provided,  always,  that  this  Commonwealth  Provisos. 
shall  retain  and  does  retain  concurrent  jurisdiction  with  the 
United  States  in  and  over  all  the  lands  aforesaid  so  far  that 
civil  processes  and  criminal  processes,  issuing  under  the 
authority  of  this  Commonwealth,  may  be  executed  on  said  . 
land  and  in  any  buildings  thereon  erected  or  to  be  erected 
thereon,  in  the  same  way  and  manner  as  if  jurisdiction  had 
not  been  granted  as  aforesaid  ;  and  provided,  that  the  exclu- 
sive jurisdiction  shall  revert  to  and  revest  in  the  Common- 
wealth of  Massachusetts  whenever  said  lands  shall  cease  to 
be  used  by  the  United  States  for  public  purposes. 

Section  2.     If  the  agent  or  agents  employed  by  the  United  if  agents  of 

CI.     ,  1.1  •  •     i.  i    J    •       United  States 

States,  and  tlie  person  or  persons  ownmg  or  interested  in  and  persons 
either  of  said  est&tes,  cannot  agree  upon  the  price  to  be  paid  d^not^a|ree*^^ 
for  their  interest  therein,  the  agent  or  agents  of  the  United  upon  price,  vai- 

UHtnOU  to  D6 

States  may  apply  by  petition  to  the  superior  court  for  the  madebyajury. 
county  of  Suffolk,  such  petition  to  be  made  separately  as  to 
each  of  said  estates,  describing  the  estate  and  praying  to 
have  the  valuation  thereof  made  by  a  jury  ;  and  the  court, 
after  due  notice  to  the  owner  or  owners  of  the  estate  de- 
scribed in  such  petition  and  to  all  parties  interested  therein, 
to  be  given  in  such  manner  as  the  court  may  order,  is  hereby 
empowered  and  required  to  hear  the  parties  and  finally 
determine  the  value  of  their  said  estate,  (taking  into  consid- 
eration the  .injury  or  benefit,  if  any,  which  said  owners  or 
persons  interested,  may  sustain  in  any  adjoining  estate,)  by 
a  jury,  who  sliall  be  sworn  to  faithfully  and  impartially  make 
such  appraisement  and  valuation.  And  if  any  person  or 
pei-sons,  other  than  the  owner  or  owners  of  said  estate,  shall 
appear  and  claim  any  interest  in  said  estate,  the  value  to  the 
owner  of  the  fee  and  to  all  persons  interested  in  said  estate, 
shall  be  ascertained  and  apportioned  in  the  same  manner  as 
is  provided  for  the  assessment  of  damages  in  section  fifty-five 
of  chapter  forty-three  of  the  General  Statutes ;  and  the  clerk 
of  tha  superior  court,  for  civil  business,  for  the  county  of  Suf- 
folk, shall,  during  the  present  term  of  the  superior  court,  if 
practicable,  and  if  not,  at  the  following  July  term  thereof, 
issue  writs  of  venire  facias,  for  jurors  to  make  the  appraise- 
ments and  valuations  aforesaid,  and  shall  therein  require 

31 


242  1870.— Chapter  328. 

the  attendance  of  said  jurors  on  such  day  as  the  court  shall 
order,  and  said  writs  shall  be  severally  issued,  delivered, 
transmitted,  served  and  returned  in  the  same  manner  as 
now  provided  as  to  other  juries  by  chapter  one  hundred  and 
thirty-two  of  the  General  Statutes ;  and  the  value  aforesaid 
having  been  ascertained,  by  the  verdict  of  said  jury,  and  said 
verdict  accepted  and  recorded  by  said  court,  and  the  amount 
thereof  paid,  or  tendered,  within  one  month  after  final  judg- 
ment, to  the  said  owner  or  owners,  or  persons  interested,  or 
their  agent  or  attorney,  together  with  their  reasonable  costs 
and  expenses,  to  be  taxed  by  said  court,  or  in  case  of  their 
neglect  or  refusal  to  receive  the  same,  the  amount  of  said 
verdict,  costs  and  expenses  having  been  paid  into  the  treas- 
ury of  this  Commonwealth,  for  their  use,  and  subject  to  their 
order,  the  fee  of  said  estate  shall  be  forever  vested  in  the 
Provisos.  United  States :  provided,  however,  that  neither  the  United 

States  nor  their  agent  or  agents  shall  enter  into  or  take  pos- 
session of  said  estates,  respectively,  or  exercise  any  act  of 
ownership  thereon  until  the  amount  of  said  verdict,  costs 
and  expenses  aforesaid  shall  have  been  actually  paid  as  afore- 
said ;  and  provided,  a/so,  that  all  the  charges  of  said  appli- 
cation and  appraisement  shall  be  paid  by  the  United  States. 
The  applications  aforesaid  may,  by  agreement  of  parties, 
be  heard  and  determined  together,  but  a  separate  valuatiou 
shall  be  made  and  a  separate  verdict  rendered  in  each  case. 
Plan  of  land  to      SECTION  3.     This  act  shall  be  void  unless  a  suitable  plan 
of  secretary  of  of  tlic  additional  land  obtained  or  purchased  by  the  United 
wealth"'""""     States  under  this  act,  shall  be  filed  in  the  office  of  the  secre- 
tary of  the  Commonwealth  within  one  year  after  the  title 
shall  be  acquired. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  4,  1870. 

Chan.  328         ^^  ^^^  concerning  the  taxation  of  ships  or  vessels. 
Be  it  enacted,  §t.,  as  follows : 

Ships  or  vessels      SECTION  1.     Ships  or  vesscls  owned  by  a  copartnership 

prr'tnership,  *"^'  shall  bc  asscsscd  to  the  several  partners  in  their  places  of  res- 

assessed"'         idcncc,  proportionally  to  their  interests  therein,  if  they  reside 

within  the  Commonwealth.     But  the  interests  of  the  several 

partners  who,  reside  without  the  Commonwealth  shall  be 

assessed  to  the  copartnership  in  the  place  where  their  business 

is  carried  on. 

Jax^to  be  laid      SECTION  2.     This  act  shall  take  effect  upon  its  passage,  and 

for  the  year       a  tax  sliall  be  laid  and  collected  under  the  provisions  thereof 

for  the  present  year,  in  the  same  manner  as  if  the  same  had 

been  in  force  on  the  first  day  of  May. 

Approved  June  9, 1870. 


1870. 


1870.— Chapters  329,  330,  331.  243 

An   Act   relating    to    the    custody   of    deeds    to    the    common-    Qhnn    329 

WEALTH.  ^' 

Be  it  enacted,  ^'c,  as  foUoivs  : 

All  deeds  and  instruments  conveying  real  estate  to  the  Dpedsofreai 
Commonwealth,  shall,  when  recorded,  be  deposited  with  and  common- 
be  safely  kept  by  the  treasurer  and  receiver-general.  de'jfdsited'with 

Approved  June  10,  1870.       treasurer. 


Chap. 330 


An   Act    concerning    the    municipal    court    of    the   city   of 

BOSTON. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     The  governor  may,  with  the  advice  and  con-  spedai justice 
sent  of  the  council,  appoint  and  commission  a  special  justice  dparcourtof 
of  the  municipal  court  of  the  city  of  Boston.     Said  special  appoiute'df^  ^'^ 
justice  may,  at  the  request  of  the  justice  of  said  court,  whose 
duty  it  may  be  in  rotation  to  hold  any  term  of  said  court,  or 
in  case  of  the  sickness  or  absence  of  any  justice,  or  a  vacancy, 
then  upon  the  request  of  the  other  justices  of  said  court,  or 
either  of  them,  sliall  hold  any  term   or  terms  thereof,  and 
during  the  continuance  of  such  request,  or  during  the  time 
of  such  sickness,  absence  or  vacancy,  shall  have  and  exer- 
cise all  the  powers  and  duties  which  by  the  statutes  of  this 
Commonwealth  are  to  be  exercised  by  the  justices  of  said 
court ;  the  compensation  of  said  special  justice  shall  be  deter-  Compensation, 
mined  and  paid  in  the  manner  now  provided  by  law  for  spe- 
cial justices  of  police  courts. 

Section  2.  The  fee  for  the  entry  in  said  court  of  an 
action,  or  filing  a  complaint  in  civil  causes,  including  filing 
of  papers,  examining,  allowing,  and  taxing  the  bill  of  costs, 
and  entering  up  the  judgment  and  recording  the  same,  shall 
be  one  dollar  instead  of  sixty-one  cents,  as  now  provided  by 
law. 

Section  3.     In  actions  before  said  court,  the  defendant  Defendant  may 
may  file  his  declaration  in  set-off  at  any  time  during  the  fn'set-'ifm  aflSy 
return  term  of  the  writ ;  but  upon  motion  the  court  may  1™*^  during  re- 
lor  good  cause  shown  and  upon  suitable  terms,  allow  such  writ,  &c. 
declaration  in  set-off  to  be  filed  at  any  time. 

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

Approved  June  10,  1870. 

An  Act   to    amend   chapter   fifty  of  the  general  statutes 
relating  to  hawkers  and  pedlers. 


Chap.^Zl 

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

Section  1.     Chapter  fifty  of  the  General  Statutes  is  hereby  Amendments 
amended,  as  follows,  to  wit :—  *°  ^-  ^'  ^"• 

By  striking  out  section  sixteen  and  substituting  therefor 
the  following : — 


244  1870.— Chapter  332. 

Section  16.  The  secretary  of  the  Commonwealth  may 
grant  a  license  to  go  about  exposing  to  sale  and  selling  any 
goods,  wares  or  merchandise,  not  prohibited  in  the  preceding 
section,  to  any  applicant  who  files  in  his  office  a  certificate 
signed  by  the  mayor  of  a  city  or  a  majority  of  the  selectmen 
of  a  town,  stating  that  to  tlie  best  knowledge  and  belief  of 
such  mayor  or  selectmen,  the  applicant  therein  named,  is  a 
citizen  of  the  United  States,  or  has  declared  his  intention  to 
become  a  citizen  of  the  United  States,  and  is  of  good  repute 
for  morals  and  integrity.  The  mayor  or  selectmen,  before 
granting  such  certificate,  shall  require  the  applicant  to  make 
oath  that  he  is  the  person  named  therein  ;  that  lie  is  a  citizen 
of  the  United  States,  or  has  declared  his  intention  to  become 
a  citizen  of  tlie  United  States  ;  which  oath  shall  be  certified 
by  a  justice  of  the  peace,  and  accompany  the  certificate. 
Every  license  so  granted  shall  bear  date  the  day  it  is  issued, 
and  shall  continue  in  force  one  year,  and  no  longer. 

In  section  twenty,  by  inserting  after  the  word  "  glass,"  the 
words  "  earthen,  iron,  plated." 

In  section  twenty-six,  by  inserting  after  the  words  "  forfeit 
a  sum  not,"  the  words  "  less  than  fifty  dollars  nor." 

In  section  twenty-seven,  by  inserting  after  the  word  "  mer- 
chandise" the  words  "named  in  section  fifteen,  or  carries 
for  sale  or  exposes  for  sale  any  other  goods,  wares  or  mer- 
chandise." 

And  in  the  same  section,  by  inserting  after  the  words 

"  forfeit  a  sum  not,"  the  words  "  less  than  fifty  dollars  nor." 

Unexpired  SECTION  2.     Nothing   in   the   preceding  section    shall   be 

bTaffected?    °  coustrued  to  affcct  any  unexpired  license  heretofore  issued 

under  the  provisions  of  said  chapter  fifty. 

Approved   June  10,  1870. 

riinn     SS2    ^^    ^'^^     ^*-*     AUTHORIZE     THE     ESTABLISHMENT     OF    DISTRICTS,   FOR 
■^'  MAINTAINING    STREET   LAMPS,   AND    FOR   OTHER   PURPOSES. 

Be  it  enacted^  ^c,  as  follows  : 
Towns  may  SECTION  1.     Auv  towu,  at  a  legal  meeting,  having  an  arti- 

authorize  vil-  .  *^  -'n 

lages,  &c.,  of  cle  In  the  warrant  for  the  purpose,  may  authorize  a  village 

?nhabitaivts°to  Or  district  iu  such  town,  containing  not  less  than  one  thou- 

famps^^maiV  ^^"^  inhabitants,  the  limits  of  which  shall  be   accurately 

tain  liijraries,  defined,  to  orsfauize  under  such  name  as  may  be  authorized 

employ  watch-     ,  ,,  r>.i  c  ,•  i  •    j.    •    • 

men,  &c.  by  such  towu,  lor  the  purpose  oi  erecting  and  maintaining 

street  lamps,  establishing  and  maintaining  libraries,  building 
and  maintaining  sidewalks,  and  employing  and  paying 
watchmen  and  police  officers,  or  any  of  such  purposes. 

Repeal.  SECTION  2.     The  provisious  of  sections  thirty-five,  thirty- 

six,  thirty-nine,  forty-three,  forty-four,  forty-five,  and  forty- 


1870.— Chapter  333.  245 

seven  of  cliapter  twenty-four  of  the  General  Statutes,  and 
chapter  two  hundred  and  fifty-seven,  of  the  acts  of  tlie  year 
eighteen  hundred  and  sixty-five,  shall,  so  far  as  applicable, 
apply  to  such  districts. 

Section  3.     The  officers  of  such  districts,  in  addition  to  a  officers  of 
clerk  and   prudential  committee,  may  be  a  treasurer,  and 
such  other  officers  as  the  district  may  decide  to  elect ;  and 
all  of  such  officers  shall  hold  their  offices  for  one  year,  and 
until  others  are  chosen  and  qalified  in  their  stead. 

Section  4.    Such  districts  may  adopt  such  by-laws,  as  they  Districts  may 
may  deem  proper,  to  define  the  duties  of  their  officers,  and  |'|.°pt  ^y- '*^*' 
the  manner  of  calling  meetings  of  the  districts. 

Sections.     Such  districts  may  .sue  and  be  sued  in  the —may  sue  and 
name  of  the  inhabitants  of  such  districts.  be  sued. 

Approved  June  10,  1870. 


Chap.  333 


An  Act  to  establish  the  municipal  court  of  the  dorchester 

district  in  boston. 
Be  it  e?i(icled,  ^'c,  as  follows: 

Section  1.  A  police  court  is  hereby  established  in  that  Municipal 
portion  of  the  city  of  Boston,  lately  known  as  the  town  of  cheste*r dis^ 
Dorchester,  and  now  forming  ward  sixteen  of  said  city,  under  ^"*^*" 
the  name  of  the  Municipal  Court  of  the  Dorchester  District, 
and  the  territory  now  comprised  within  the  limits  of  said 
ward  shall  constitute  a  judicial  district  under  the  jurisdic- 
tion of  said  court.  Said  court  shall,  except  as  hereinafter  Jurisdiction  of 
named,  have  the  same  jurisdiction,  power  and  autliority, 
shall  perform  the  same  duties  and  be  subject  to  the  same 
regulations  as  are  provided  in  respect  to  existing  police 
courts,  except  the  municipal  court  of  Worcester  and  the 
municipal  court  of  Boston,  by  the  one  hundred  and  sixteenth 
chapter  of  the  General  Statutes  and  by  all  general  laws 
passed  in  amendment, thereof  applicable  to  the  several  police 
courts  of  the  Commonwealth  ;  except  that  said  jurisdiction 
shall  not  exclude  the  civil  and  criminal  jurisdiction  of  the 
municipal  court  of  the  city  of  Boston  within  said  district, 
which  shall  continue  therein  concurrently  in  all  cases  with 
the  jurisdiction  of  the  court  hereby  established,  and  all  the 
provisions  of  law  relating  to  civil  and  criminal  proceedings, 
the  taxation  of  costs,  the  payment  of  fines,  the  expenses  of 
court,  the  accounting  and  settling  with  the  city,  county  or 
town  treasurers  for  money  paid  into  court  as  forfeitures  or 
otherwise,  and  all  returns  or  requirements  of  law  applicable 
to  the  several  police  courts  of  the  Commonwealth  except  the 
municipal  courts  of  Boston  and  Worcester,  shall  apply  to 
the  court  hereby  established. 


246 


1870.— Chapter  334. 


Compensation 
of  justices. 


One  standing         SECTION  2.     The  court  hereby  established  shall  consist  of 
ipecfai fu sMcIs"  0116  Standing  justice  and  two  special  justices,  to  be  appoint- 
ed, commissioned  and  qualified  pursuant  to  the  constitution 
and  laws  of  the  Commonwealth. 

Section  3.  The  standing  justice  of  the  court  hereby 
established  shall  receive  an  annual  salary  of  twelve  hundred 
dollars,  to  be  paid  from  the  treasury  of  the  Commonwealth. 
The  compensation  of  the  special  justices  for  duties  performed 
by  them,  in  case  of  the  sickness,  interest,  absence  or  other 
disability  of  the  standing  justice,  shall  be  paid  by  the  stand- 
ing justice  as  provided  by  law. 

Section  4.  All  proceedings  duly  commenced  before  any 
municipal  court,  trial  justice,  or  justice  of  the  peace  before 
ecu^'ed"  *&c^,'°as  ^hc  thirtieth  day  of  June,  in  the  year  one  thousand  eight 
though  this  act  huudrcd  and  seventy,  shall  be  prosecuted  and  determined  as 

had  not  passed.  i      i  •  i      i  i  i 

though  this  act  had  not  been  passed. 

Section  5.  All  acts  and  parts  of  acts  inconsistent  here- 
with, are  hereby  repealed. 

Section  6.  So  far  as  it  provides  for  appointing,  com- 
missioning and  qualifying  the  standing  justice  and  special 
justices  of  the  court  hereby  established,  this  act  shall  take 
effect  upon  its  passage,  and  it  shall  take  full  effect  on  the 
thirtieth  day  of  June  in  the  year  eighteen  hundred  and 
seventy.  Approved  June  10,  1870. 


Proceedings 
commenced  be 
fore  June  30 


Repeal. 


When  to  take 
effect. 


Chap.  334 

Corporators. 


Name  and  pur- 
pose. 

Powers  and  du- 
ties. 


Capital  stock 
and  shares. 


Real  estate. 


May  commence 
business  when 
$100,000  cash 
hag  been  paid 


An  Act  to  incorporate  the  webster  fire  insurance  company. 
Be  it  enacted,  §'c.,  as  follows  : 

Section  1.  Charles  Stoddard,  Avery  Plumer,  Alpheus 
Hardy,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Webster  Fire  Insurance  Com- 
pany, in  the  city  of  Boston,  for  the  purpose  of  making  insur- 
ance against  losses  by  fire  ;  with  all  the  powers  and  privileges, 
and  subject  to  all  the  duties,  liabilities  and  restrictions  set 
forth  in  the  General  Statutes,  which  now  are  or  hereafter 
may  be  in  force,  relating  to  such  corporations. 

Section  2.  The  said  corporation  shall  have  a  capital  stock 
of  two  hundred  thousand  dollars,  divided  into  shares  of  one 
hundred  dollars  each,  with  liberty  to  pay  in  and  increase 
the  same  to  four  hundred  thousand  dollars  ;  and  shall  have  a 
right  to  hold  real  estate  for  its  own  use  to  an  amount  not 
exceeding  ten  per  cent,  upon  its  paid  up  capital  stock. 

Section  8.  Said  corporation  may  commence  business 
when  one  hundred  thousand  dollars  of  its  capital  stock  shall 
have  been  subscribed  and  paid  in  in  cash. 

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

Approved  June  10,  1870. 


of  chapter  one  hundred  and  eightv-one  of  the  Amendment  to 

L   ■  •  -1  1  J    J    1  *    -1  •  1870,  181,  §1. 

-esent  session,  is  hereby  amenaea  by  striking 


1870.— Chapters  335,  336,  337.  247 

Ax  Act  to   amexd   ax  act   AUTnoRizixG   the   county   commis-  Qfidi)^  335 

SrOXKRS    OF  the    county  of    BRISTOL   TO   LAY  OUT    HICK'S    BRIDGE  -t^' 

AS   A   PUBLIC    HIGHWAY. 

Be  il  enacted,  &:c.,  as  follows  : 

Section  one 
acts  of  the  presei 

out  the  word  "  instructed,"  and  inserting  instead  thereof  the 
WOrS  "  empowered."  Approved  June  10,  1870. 

An  Act  in  relation  to  the  salaries  of  the  assistant  clerks  nhnn   336 

OF  the  courts  for  the  counties  of  ESSEX,  NORFOLK  AND  SUF-      ^' 
FOLK. 

Be  it  enacted,  Sfc,  as  follows : 

Section  1.    Tlie  assistant  clerk  of  the  courts  for  the  county  salaries  of 
of  Essex  shall  receive  an  annual  salary  of  eighteen  hundred  of  courts  fo^'^* 
dollars.     The  assistant  clerk  of  the  courts  for  the  county  of  aud'^^uffoik^*'''' 
Norfolk  shall  receive  an  annual  salary  of  thirteen  hundred 
dollars,  and  the  assistant  clerk  of  the  superior  court  for  civil 
business,  in  the  county  of  Suffolk  shall  receive  an  annual 
salary  of  twenty-two  hundred  dollars,  payable  quarterly  from 
the  treasuries  of  said  counties,  from  the  first  day  of  April,  in 
the  year  one  thousand  eight  hundred  and  seventy. 

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

Approved  June  10,  1870. 


Chap,  337 


An  Act  to  amend  the  charter  of  the  city  of  boston. 
Be  it  enacted,  ^'c,  as  follows  : 

Section  1.  The  qualified  voters  of  the  city  of  Boston  Board  of  street 
shall,  at  the  annual  municipal  election  next  after  the  pas-  est"abiilheTr'* 
sage  of  this  act,  be  called  upon  to  give  in  their  votes  for 
three  able  and  discreet  men,  being  inhabitants  of  said  city, 
who  shall  constitute  the  board  of  street  commissioners  of 
said  city  ;  one  of  whom  shall  be  chosen  for  the  term  of  one 
year,  one  for  the  term  of  two  years,  and  one  for  the  term  of 
three  years  from  the  first  Monday  of  January  next  ensuing, 
and  until  their  successors  are  chosen  and  qualified  ;  and 
at  any  subsequent  annual  election  the  qualified  voters 
of  the  city  shall  choose  one  person,  qualified  as  aforesaid,  to 
be  a  member  of  said  board,  to  serve  for  the  term  of  three 
years. 

Section  2.  Said  street  commissioners  shall  have  all  the  _to  have  pow- 
powers  now  exercised  by  the  board  of  aldermen,  concerning  IZermea^coi^^ 
the  laying;  out,  alterino-  or  discontinuins  the  streets  and  ways  ceming  laying 

•^       ^  "  "  "—  *'       out  str68ts  snd 

of  said  city,  and  the  powers  now  exercised  by  said  board  of  abatement  of 
aldermen  in  relation  to  the  abatement  of  taxes.  *^*^*' 


248 


1870.— Chapter  337. 


— to  make  esti- 
mate of  cost  of 
laying  out 
street. 


If  estimate  ex- 
ceeds $25,000 
matter  to  be 
determined  by- 
city  council. 


Proviso. 


Compensation. 


Clerk  to  be  ap- 
pointed by  com- 
missioners and 
compensation 
fixed  by  city 
council. 


Vacancies  in 
board  to  be 
filled  by  concur- 
rent vote  of  city 
council. 


Surveys  and 
plans  required, 
to  be  furnished 
by  city  sur- 
veyor. 


Section  3.  Whenever  said  board  of  street  commissioners 
shall  adjudge  that  the  public  safety  and  convenience  require 
that  any  street,  lane  or  alley  in  the  said  city  shall  be  laid 
out,  altered  or  discontinued,  they  shall  make  and  record  an 
estimate  of  the  expense  thereof ;  and  if-  such  estimate  shall 
exceed  the  sum  of  twenty-five  thousand  dollars,  or  if  such 
estimate  with  the  estimates  of  any  previous  alteration?  or 
discontinuance  of  any  part  of  said  street,  lane  or  alley,  dur- 
ing the  municipal  year,  shall  exceed  the  sum  of  twenty-five 
thousand  dollars,  the  order  for  such  laying  out,  alteration 
or  discontinuance,  together  with  an  estimate  of  the  expense 
thereof,  shall  be  sent  to  the  city  clerk,  who  shall  forthwith 
lay  the  same  before  the  city  council  for  their  concurrence 
or  rejection  ;  and  such  act  shall  not  take  effect  or  be  in  force 
until  said  city  council  shall  concur  tlierein  :  provided^  that 
if  said  city  council  shall  not  act  definitely  thereon  within 
thirty  days  after  the  time  when  the  same  shall  have  been  laid 
before  them,  and  cause  a  certified  copy  of  their  proceedings 
to  be  transmitted  to  said  board  of  street  commissioners,  the 
order  shall  take  effect  at  such  time  as  said  commissioners 
may  determine. 

Section  4.  Said  commissioners  shall  each  receive  an  an- 
nual salary  of  not  less  than  three  thousand  dollars,  which 
shall  be  in  full  for  their  services,  shall  be  fixed  by  the  city 
council,  and  paid  from  the  treasury  of  the  city. 

Section  5.  Said  commissioners  shall  appoint  a  clerk  of 
said  board,  removable  at  pleasure,  who  shall  have  charge  of 
the  records  of  said  board,  and  perform  such  clerical  and 
other  duties  as  may  be  required  of  him  ;  he  sliall  be  sworn 
to  the  faithful  performance  of  the  duties  of  said  office,  and 
shall  receive  such  salary  for  his  services  as  the  city  council 
may  determine,  which  shall  be  paid  from  the  treasury  of 
said  city. 

Section  6.  Whenever  a  vacancy  occurs  in  said  board  of 
street  commissioners,  the  same  shall  be  filled  by  a  concur- 
rent vote  of  the  city  council ;  and  the  person  so  elected  shall 
hold  the  office  until  his  successor  at  the  next  municipal  elec- 
tion shall  be  chosen  and  qualified. 

Section  7.  All  surveys  and  plans  required  by  said  com- 
missioners shall  be  furnished  by  the  city  surveyor,  and  he 
shall  perform  such  other  duties  for  said  commissioners  as 
they  may  require. 

Section  8.  All  laws  inconsistent  herewith  are  hereby  re- 
pealed. ApprovedJune  11,  1870. 


1870.— Chapters  338,  339.  249 

An  Act  concernixg  innholders,  boardixg-house  keepers  and  Qfidp^  338 

THEIR  GUESTS.  "' 

Be  it  enacted^  cVc,  as  follows  : 

Section  1.     Innholders  shall  not  be  liable  for  losses  sus-  paMutyofinn- 

.  nolclers  lor  loss 

tained  by  their  guests,  except  wearing  apparel,  articles  worn  of  property  by 
or  carried  on  the  person  to  a  reasonable  amount,  personal    '^""Siess- 
baggage  and  money  necessary  for  travelling  expenses  and 
personal  use,  unless  upon  delivery,  or  offer  of  delivery  by 
such  guests  of  their  money  or  other  property,  to  the  innliold- 
er,  his  agents  or  servants,  for  safe  keeping. 

Section  2.     Any  person  who  shall  put  up  at  any  hotel  or  Penalty  for  pro- 
inn,  and  shall  procure  any  food,  entertainment,  or  accom-  ?ai"nfent,  &c., 
modation,  without  paying  therefor,  except  where  credit  is  pj^y^ng^^ere^"* 
given  by  express  agreement,  with  intent  to  cheat  or  defraud  for,  wutu  intent 
the  owner  or  keeper  thereof  out  of  the  pay  for  the  same; 
or  who,  with   intent   to   cheat  or   defraud   such  owner  or 
keeper  out  of  the  pay  therefor,  shall  obtain  credit  at  any 
hotel  or  inn  for  such  food,  entertainment  or  accommodation, 
by  means  of  any  false  show  of  baggage  or  effects  brought 
thereto;  or  who  shall  with  such  intent  remove,  or  cause  to  Penalty  for 

,  -,  ,  CO     1      e  1      i    1     •  unlawlullv  re- 

be  removed,   any  baggage  or  eiiects  irom  any  hotel,  inn  or  moving  bag- 

bparding-house,  while  there  is  a  lien  existing  thereon  for  the  ^^^^' 

proper  charges  due  from  him  for  fare  and  board  furnished 

therein,   shall  be  punished  by  imprisonment  not  exceeding 

three  months,  or  by  fine  not  exceeding  one  hundred  dollars. 

Section  3.     It  shall  be  the  duty  of  all  innholders  to  post  copies  of  law 

..,  o   ,^  •  L  •  ■  1  .itobe  posted  in 

up  a  printed  copy  oi  this  act  in  a  conspicuous  place  in  each  rooms  of  hotel, 
room  of  their  hotels  or  inns.  Approved  June  11, 1870. 

An  Act  concerning  state  aid  for  disabled  soldiers  and  their  QJkiy)^  339 

families  and  the  families  of  the  slain.  ^ 

Be  it  enacted,  ^'c,  as  folloivs  : 

Section  1.     The  operation  of  chapter  one  hundred  and  state  aid  to  dis- 
seventy-two  of  the  acts  of  the  year  eighteen  hundred  and  and  s:d?ors"nd 
sixty-six,  and  chapter  one  hundred  and  thirty-six  of  the  acts  co^tlnued^*^^ 
of  the  year  eighteen  hundred  and  sixty-seven,  so  far  as  they 
provide  for  the  payment  of  state  aid  to  disabled  soldiers  and 
sailors  and  their  families  and  for  the  families  of  the  slain, 
residing  in  this  Commonwealth,  is  hereby  extended  to  the 
first  day  of  January,  in  the  year  eighteen  hundred  and  sev- 
enty-three :  provided^  that  the  decease  of  a  soldier  who  was  Proviso, 
or  shall  be  in  the  receipt  of  a  pension  from  the  United  States 
and  of  state  aid,  at  the  time  of  his  death,  shall  not  prevent 
his  family  from  receiving  state  aid  under  this  act ;  and  pro-  Proviso. 
vided,  further^  that  from  and  after  the  first  day  of  January, 
in  the  year  eighteen  hundred    and  seventy-one,  town  and 
city  authorities  shall  withhold  the  aid,  when  in  their  judg- 

32 


250 


1870.— Chapters   340,   341,  342. 


Repeal. 


Chap.  340 


Penalty  for 
using  trade- 
mark of 
another. 


ment,  any  person  who  is  in  receipt  of  a  pension  from  the 
United  States,  is  not  in  necessitous  circumstances  or  suffi- 
ciently disabled  to  prevent  him  from  pursuing  his  ordinary 
and  usual  vocation. 

Section  2.  The  first  proviso  in  section  one,  and  the  first 
proviso  in  section  two  of  chapter  one  hundred  and  thirty-six 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-seven,  and 
all  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

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

Approved  June  11,  1870. 

An  Act  to  prevent  frauds  in  the  sale  of  watches. 
Be  it  enacted,  ^c,  as  fuUoios  : 

Whoever  shall  knowingly  sell  or  expose  for  sale  any 
watch,  watch-case,  or  watch  movement,  having  any  name, 
letters,  mark,  device  or  figure,  attached  to,  or  connected 
therewith,  in  violation  of  section  one  of  chapter  fifty-six  of 
the  General  Statutes,  shall  be  punished  by  imprisonment  not 
exceeding  one  year,  or  by  a  fine  not  exceeding  two  hundred 
dollars  ;  and  the  possession  of  two  or  more  such  watches 
shall  be  prima  facie  evidence  of  such  selling  or  exposing 
to  sale.  Approved  June  11,  1870. 


Chat)    341    -^^  ^^"^  '^^  AMEND  AN  ACT  TO  INCORPORATE  THE    SOUTHWORTII  COT- 
"'  TON  MANUFACTURING  COMPANY. 


Amendment  to 
1870,  133,  §  1. 


Be  it  enacted,  Sfc,  as  follows  : 

Section  1.  The  first  section  of  chapter  one  hundred  and 
thirty-three  of  the  acts  of  the  year  eighteen  hundred  and 
seventy,  entitled  an  act  to  incorporate  the  Southworth  Cot- 
ton Manufacturing  Company  is  hereby  amended  by  striking 
out  the  names  Constant  A.  Southworth  and  Lemuel  Pratt, 
and  by  inserting  in  place  thereof  the  names  Consider  A. 
Southworth  and  Laban  Pratt. 

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

Approved  June  11,  1870. 

An  Act  to  incorporate  the  hall  op  industry  in  boston. 

Be  it  enacted,  Sfc,  as  follows  : 

Section  1.  George  Cooke,  Linus  Child  and  H.  G.  Hutch- 
ins,  their  associates  and  successors,  arc  hereby  made  a  cor- 
Name  and  pur-  poration  by  the  name  of  the  Hall  of  Industry  in  Boston,  for 
the  registration  of  the  several  industries,  and  the  collection 
of  practical,  statistical  and  advisory  information  relating  to 
the  same ;  also  for  the  registration  of  skilful  and  worthy 
labor  in  the  several  arts  and  trades,  and  the  diffusion  of  such 


Chap. 342 


Corporators. 


pose 


r 


1870— Chapters  343,  344.  251 

intelligence  as  may  best  promote  the  interests  of  employers 

and   employed,  stimulate   industry,    and   protect   strangers 

seeking  employment  in  our  cities ;  with  all  the  powers  and  Powers  and  du- 

privileges,  and  subject  to  all  the  duties  and  liabilities  set 

forth  in  the  sixty-eighth  chapter  of  the  General  Statutes. 

Section  2.     The  said  corporation  may  hold  for  the  pur-  fj^^^i^'.^^jj^lf 
poses  aforesaid,  real  estate  to  an  amount  not  exceeding  fifty 
thousand  dollars,  and  a  like  amount  of  personal  estate.  • 

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

Approved  June  11,  1870. 
An  Act  to  amend  an  act  to  incorporate  the  neptune  woolen  Qfi^f)^  343 

MANUFACTURING   COMPANY.  ^' 

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

Section  1.     The  first  section  of  chapter  one  hundred  and  Amendment  to 
forty-six  of  the  acts  of  the  year  eighteen  hundred  and  sixty-   *'  *'     '     ' 
eight  is  hereby  amended  by  striking  out  the  words  "  in  the 
city  of  Lawrence,"  and  substituting  therefor  the  words  in  the 
counties  of  Middlesex  and  Suffolk. 

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

Approved  June  11, 1870. 


Chap.  344 


An  Act  to  authorize  the  fitchburg  railroad  company  to  sub- 
scribe for  stock  OF  THE  CAUGHNAWAGA  SHIP  CANAL  COMPANY, 
AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  ^c,  as  follows  : 

Section  1.     The  Fitchburg  Railroad  Company  may  sub-  Fitchburg  Eaii- 
scribe  for  and  hold  shares  in  the  capital  stock  of  the  Caugh-  stock  hi'^caugif- 
nawaga  Ship  Canal  Company,  a  corporation  recently  char-  canai!*^^'^ 
tered  by  the  Dominion  parliament  to  construct  a  ship  canal 
to  connect  the  waters  of  Lake  Champlain  with  the  river 
Saint  Lawrence,   to    an    amount   not   exceeding   one  hun- 
dred and  fifty  thousand  dollars  :  provided,  that  said  railroad  Proviso, 
company,  by  a  two-thirds  vote  on  the  stock  represented,  at 
a  meeting  of  its  stockholders,  duly  called  for  the  purpose, 
shall  vote  so  to  do  ;  and  may  increase  its  capital  stock  to  the 
amount  of  such  subscription. 

Section  2.     In  case  said  railroad  company,  at  any  time  if  new  stock  is 
prior  to  the  completion  of  the  Hoosac  tunnel,  shall  issue  sokutpiJbiicor 
any  new  stock  under  authority  of  this  or  any  previous  act,  ^ot'^fe'ss'than* 
said  railroad  company  may,  by  a  vote  of  its  directors,  sell  par. 
the  same  or  any  part  thereof  to  any  person  or  persons  at 
public  or  private  sale  at  current  rates,  not  less  than  the  par 
value  of  the  same. 

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

Approved  June  13,  1870. 


252 


1870.— Chapters   345,  346,  347. 


Chap.  345 


Corporators. 


Name  and  pur- 
pose. 


Powers  and  du- 
ties. 


Capital  stock 
and  shares. 


Proviso. 


Chap.  346 


Fee  of  consta- 
ble for  attend- 
ing coroner's 
jury  fixed  at 
two  dollars  a 
day. 


An  Act  to  incorporate  the  hudson  masonic  building  asso- 
ciation. 

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

Section  1.  George  Houghton,  Edmund  M.  Stowe,  Augus- 
tus K.  Graves,  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  the  Hudson  Masonic 
Building  Association,  for  the  purpose  of  erecting  a  building 
in  the  town  of  Hudson,  and  maintaining  the  same  for  the 
accommodation  and  purposes  of  a  masonic  hall  or  any  other 
lawful  purpose  ;  with  all  the  powers  and  privileges,  and  sub- 
ject to  all  the  duties,  restrictions  and  liabilities  set  forth  in 
all  the  general  laws  of  this  Commonwealth,  which  now  are 
or  may  hereafter  be  in  force,  so  far  as  applicable  to  such 
corporations. 

Section  2.  Said  corporation  shall  have  a  capital  stock 
not  exceeding  fifty  thousand  dollars,  divided  into  shares  of 
fifty  dollars  each,  and  may  hold,  for  the  purposes  aforesaid, 
real  and  personal  estate  not  exceeding  the  amount  of  the 
capital  stock  :  provided,  that  said  corporation  shall  incur  no 
liabilities  until  five  thousand  dollars  of  its  capital  stock  has 
been  actually  paid  in  in  cash. 

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

Approved  June  13,  1870. 

An  Act  in  relation  to  the  fees  of  constables. 

Be  it  enacted,  ^c,  as  follows  : 

Section  seven  of  chapter  one  hundred  and  fifty-seven  of 
the  General  Statutes  is  hereby  so  far  amended,  that  the  fees 
of  constables  for  summoning  jurors  upon  a  coroner's  inquest, 
and  for  attendance  thereon,  shall  be  at  the  rate  of  two  dol- 
lars per  day.  Approved  June  13,  1870. 


Chap.  347 


Clams,  &c.,  not 
to  be  taken  in 
Wellfleet  by 
non-residents, 
without  per- 
nait; 

— nor  more 
than  three 
bushels  by  in- 
habitants, for 
bait,  &c. 


An  Act  in  addition  to  an  act  concerning  the  shell  fisher- 
ies in  the  town  of  wellfleet. 

Be  it  enacted,  c^c,  as  folloivs  : 

Section  1.  No  person  not  an  inhabitant  of  the  town  of 
Wellfleet  shall  take  any  clams,  quahaugs,  oysters  or  other 
shell-fish  within  the  waters  of  said  town,  without  first  getting 
a  permit  from  the  selectmen,  nor  shall  any  person  being  an 
inhabitant  of  said  town  take  any  of  said  fish  for  bait,  at  any 
one  time  exceeding  three  bushels,  including  their  shells,  or 
for  the  purpose  of  selling  the  same,  without  a  permit  from 
the  selectmen  of  said  Wellfleet,  who  may  grant  the  same  for 
such  sum,  to  be  paid  to  the  use  of  the  town,  as  they  shall 
deem  proper ;  but  the  inhabitants  of  said  town  may  take  said 
fish  for  family  use  without  such  permit. 


1870.— Chapters    348,  349.  253 

Section  2.     "Whoever  takes  any  shell-fish  from  within  the  Penalty  for 
waters  of  the  said  town  of  Wellfleet,  in  violation  of  the  pro-  provisions  of 
visions  of  this  act,  shall,  for  every  offence,  pay  a  fine  of  not  ^'^^' 
less  than  five  nor  more  than  ten  dollars  and  cost  of  prosecu- 
tion, and  one  dollar  for  every  bushel  of  shell-fish  so  taken  ; 
said  fine  and  forfeiture  imposed  under  this  act  to  be  recov- 
ered by  indictment  or  information  before  a  trial  justice,  in 
the  county  of  Barnstable.  Approved  June  13,  1870. 

An  Act  in   addition   to   an   act  concerning   the   division  of  nhnvi  348 

FLATS.  J:^' 

Be  it  enacted,  S^c,  as  follows: 

Section  1.     On  proceedings  for  settling  and  determining  court  may  post- 
the  lines  and  boundaries  of  the  ownership  of  persons  holding  questiolfs  of 
lands  or  flats  adjacent  to  or  covered  by  high-water  mark,  of'^commi^wn^ 
under  chapter  three  hundred  and  six,  of  the  acts  of  the  year  ^J*^^''^ ''^*^° 
eighteen  hundred  and  sixty-four,  the  court  before  which  the 
petition  is  pending  may,  in  its  discretion,  if  deemed  more 
convenient,  or  tending  to  a  more  expeditious  disposition  of 
the  proceedings,  postpone  the  trial  of  any  or  all  questions 
and  issues  of  fact  raised  by  the  answer  or  plea  of  the  respon- 
dent or  respondents,  until  after  the  report  of  the  commis- 
sioners in   regard  to  such  lines  and  boundaries  has  been 
made. 

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

Approved  June  13,  1870. 

An  Act  regulating  certain  matters  of  insurance.  Chat)   349 

Be  it  enacted,  ^'c,  as  follows: 

Section  1.  It  shall  not  be  lawful  for  any  insurance  com-  Foreign  insur- 
pany  or  association,  created  by  or  organized  under  the  laws  of  norto^iimire*^^ 
any  foreijjn  government,  other  than  the  states  of  this  union,  or  "po"  one  risk 

„•'  '=     ^  ,.  '.^.  £.  -j-'jifi     moi-e  than  ten 

for  any  partnership,  association,  firm  or  individual  ot  such  per  cent,  of  the 

f..  ix"  i  J.         c  ^      e  value  of  securi- 

loreign  government,  or  lor  any  agent  or  agents  ot  sucli   lor-  ties  deposited 
eign  company,  association,  partnership,  firm  or  individual  to  ance  depait-*'^'^ 
make  contracts  of  insurance,  or  expose  such  company,  asso-  ment,  &c.; 
elation,  partnership,  firm  or  individual  to  loss  in  this  state, 
in  any  one  risk  or  hazard  to  an  amount  exceeding  ten  per 
cent,  of  the  value  of  the  securities  deposited  by  such  com- 
pany, association,  partnership,  firm  or  individual  with  the 
several  insurance  or  other  departments  of  the  states  of  this 
union,  and  ten  per  cent,  of  the  net  assets  in  tlie  hands  of 
trustees  resident  in  and  citizens  of  any  of  the  United  States, 
subject  at  all  times  to  the  approval  of  the  insurance  commis- 
sioner of  this  State,  for  the  general  benefit  and  security  of 
all  policy-holders  residing  in  the  United  States,  which  shall 


254 


1870.— Chapter  349. 


authorized  to 
insure  iu  the 
state ; 


— to  make  full 
returns  to  Insur- 
ance commis- 
sioner ; 


— liable  to  same 

Eenalty  as 
ome  insurance 


be  immediately  available  for  the  payment  of  losses  in  this 
— nottore-in-  statc.  Nor  shall  it  be  lawful  for  any  such  foreign  or  other 
by'^compaJy  not  insuraucc  compauy,  association,  partnership,  firm  or  indi- 
vidual, directly  or  indirectly,  to  contract  for  or  effect  any 
re-insurance  of  any  risk  on  property  in  this  state  taken  by 
such  company,  association,  partnership,  firm  or  individual, 
with  any  insurance  company,  association,  partnership,  firm 
or  individual  not  authorized  to  transact  the  business  of  in- 
surance in  this  state  in  accordance  with  the  laws  thereof. 

Section  2.  All  foreign  insurance  companies,  associations, 
partnerships,  firms  or  individuals,  whether  incorporated  or 
not,  transacting  the  business  of  fire,  marine  or  life  insurance, 
or  any  other  kind  of  insurance,  in  this  state,  shall  make  full 
annual  statements  of  their  condition  and  affairs  to  the  in- 
surance department,  in  the  same  manner  and  in  the  same 
form,  without  erasure  or  addition,  (except  necessary  expla- 
nation,) and  subject  to  the  same  liabilities  as  similar  compa- 
nies or  associations  organized  under  the  laws  of  this  state. 

Section  3.  In  case  of  neglect  or  refusal  to  make  such 
annual  statements,  as  provided  in  the  preceding  section,  all 
negiecuo'^n^ake  pGi'sous  actiug  in  this  statc  as  agents,  or  otherwise,  in  trans.- 
returns.  acting  the  business  of  insurance  for  said  companies,  associa- 

tions, partnerships,  firms  or  individuals,  shall  be  subject  to 
the  same  penalties  provided  by  law  in  case  of  the  failure  of 
any  insurance  company  or  association,  organized  under  the 
laws  of  this  state,  to  make  an  annual  statement  as  now  re- 
quired by  law. 

Section  4.  Any  violation  of  the  provisions  of  this  act 
shall  subject  the  party  guilty  of  such  violation  to  a  penalty 
of  five  hundred  dollars  for  each  violation,  to  be  sued  for  and 
recovered  in  the  manner  provided  for  the  prosecution  and 
recovery  of  penalties  prescribed  by  the  insurance  laws  of  this 
state. 

Section  5.  No  corporation,  association,  partnership  or  in- 
dividual doing  business  in  tbis  Commonwealth,  under  any 
charter,  compact  or  agreement  involving  an  insurance,  guar- 
anty, contract  or  pledge  for  the  payment  of  annuities  or  en- 
dowments, or  for  the  payment  of  moneys  to  the  families 
or  representatives  of  policy  or  certificate  holders  or  mem- 
bers, shall  make  such  insurance,  guaranty  or  contract  therein 
or  with  any  residents  of  this  state,  except  in  accordance  with 
and  under  the  conditions  and  restrictions  of  the  statutes 
now  or  hereafter  regulating  the  business  of  life  insurance : 
provided,  that  nothing  in  this  section  shall  be  held  to  conflict 
with  the  provisions  of  chapter  one  hundred  and  eighty-six 
of  the  acts  of  eighteen  hundred  and  sixty-one. 


Penalties. 


Life  insurance 
companies  not 
to  insure,  &c., 
except  accord- 
ing to  laws  of 
the  state. 


Proviso. 


1870.— Chapter  350.  255 

Section  6.     Section  sixty  of  chapter   fifty-eight   of  the  Amendment  to 
•  General  Statutes  is  hereby  so  amended  that  the  annual  divi-    •  •    'S    • 
dends  therein  authorized  to  be  paid  to  stockholders  shall  not 
exceed  eight  per  cent. 

Section  7.     All  members  of  mutual  life  and  fire  insurance  Notice  of  annu- 
companies,  incorporated  under  the  laws  of  this  Common-  mutua?  infur-" 
wealth,  shall  be  notified  of  the  time  and  place  of  holding  fg"^^'^'^™P*"" 
the  annual  meetings  of  said  companies  by  a  written  notice 
or  by  an  imprint  upon  the  back  of  each  policy,  receipt  or 
certificate  of  renewal,  in  the  following  form,  to  wit :  "  By 
virtue  of  this  policy  the  assured  is  hereby  notified  that  he  is 
a  member  of  the  Insurance  Company,  and  that  the 

annual  meetings  of  said  company  are  holden  at  its  home  of- 
fice on  the  day  of  in  each  year,  at  o'clock,  ." 
The  blanks  shall  be  duly  filled  in  making  the  aforesaid  im- 
print, and  the  same  shall  be  deemed  a  sufficient  notice  as 
herein  provided. 

Section  8.     For  each  certificate  of  the  valuation  of  the  Fee  for  certm- 
outstanding  policies  of  any  insurance  company  doing  busi- tfJn  of ''poUdes 
ness  in  this  Commonwealth,  there  shall  be  paid  the  sum  of  treasury '"^  ^'^^° 
two  dollars,  to  be  collected  by  the  insurance  commissioner 
and  paid  into  the  treasury.  Approved  June  13, 1870. 

An  Act  IN  relation  to  the  distkibution  op  the  school  fund  njtfjYi  S'lO 

FOR  INDIANS.  i^' 

Be  it  enacted,  Sfc,  as  follows: 

Section  1.  The  distribution  of  the  school  fund  for  In- Distribution  of 
dians  derived  from  the  surplus  revenue  of  the  United  States,  fund!"  "^"^""^ 
is  hereby  made  to  the  following  named  towns,  to  wit :  to  the 
town  of  Mashpee,  one  thousand  dollars  ;  to  the  town  of  Gay 
Head,  six  hundred  dollars  ;  to  the  town  of  Edgartown,  three 
hundred  dollars  ;  to  the  town  of  Tisbury,  three  hundred 
dollars  ;  to  the  town  of  Sandwich,  one  hundred  and  fifty 
dollars  ;  and  to  the  town  of  Plymouth,  one  hundred  and 
fifty  dollars  ;  and  any  undivided  income  of  said  fund  shall 
be  paid  over  to  said  towns  in  the  proportions  aforesaid. 

Said  towns  shall  severally  apply  the  money  so  received  at 
their  discretion  for  the  benefit  of  that  portion  of  their  in- 
habitants formerly  called  Indians. 

Section  2.     The  school-houses  heretofore  erected  by  the  schooi-houses 
Commonwealth  upon  Indian  lands  shall  hereafter  belong  to,  towni°wfthin 
and  be  held  by  the  towns  within  the  limits  of  which  they  Jjija^ed''^^  "^ 
are  severally  situated. 

Section  3.     The  fifth  and  sixth  sections  of  the  thirty-  Repeal, 
sixth  chapter  of  the  General  Statutes  are  hereby  repealed. 

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

Approved  June  13,  1870. 


256  1870.— Chapters  351,  352,  353,  354. 

Chaj)    351    ^^  ^^^  ^^  ESTABLISH  A   LAW  AND   JURY  TERM  OF  THE  SUPREME  JU- 
■l'  DICIAL  court  AT  SALEM. 

Be  it  enacted,  Sfc,  as  follows  : 
Term  of  s.  J.  c.      SECTION  1.      A  term  of  the  supreme  judicial  court,  for 

to  be  held  in  ,       .  i     i  •  .•  c  ^  •    -i  j        •      •       i 

Salem,  first        eiiteniig  and  liearing  questions  oi  law,  civil  and  criminal, 
Novembe"!        ^ud  for  tlic  trial  of  jury  causes,  arising  in  the  county  of  Es- 
sex, shall  be  held  at  8alem,  annually,  on  the  first  Tuesday 
of  November. 
Repeal.  SECTION  2,     Chapter  one  hundred  and  sixty-eight  of  the 

acts  of  the  year  eighteen  hundred  and  sixty-eight  is  hereby 
repealed. 

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

Approved  June  13,  1870. 

Chat).  352    -^^  ^'^'^  ^^  addition  to  an  act  incorporating  THE  TOWN  OF  HYDE 
^'  PARK,  RELATING  TO  STATE  AND  COUNTY  TAXES. 

Be  it  enacted,  SjX.,  as  foUotvs  : 

State  and  coun-      SECTION  1.     Until  the  ucxt  general  valuation  of  estates 

ty  taxes,  how  to   .  ,./-,■  ii,i,-  o  .i^ii 

bepaidbyHyde  HI  tliis  Commouwealth,  that  portioii  01  any  state  tax  to  be 
^^^'^'  paid  by  the  town  of  Hyde  Park  to  the  town  of  Dorchester, 

under  the  provisions  of  section  two  of  chapter  one  hundred 
and  thirty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-eight,  shall  be  paid  to  the  city  of  Boston,  and  a  sum 
equal  to  that  portion  of  any  county  tax  to  be  paid  by  said 
town  of  Hyde  Park  to  said  town  of  Dorchester,  by  tlie  pro- 
visions of  the  same  section  of  said  act,  shall  be  paid  to  the 
county  of  Norfolk. 

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

Approved  June  13,  1870. 


Chap.  353 


An  Act   to   amend   chapter   two   hundred   and   twenty-four 

OF    THE    acts    of    EIGHTEEN    HUNDRED    AND    SEVENTY,    AS   FAR   AS 
SAID    ACT   RELATES    TO    GAS-LIGHT   COMPANIES. 

Be  it  enacted,  Sfc,  as  follows  : 

'Kepeai^of  1870,      SECTION  1.     Scctiou  fifty-fivc  of  chapter  two  hundred  and 
twenty-four  of  the  acts  of  eighteen   hundred  and  seventy 
is  herel)y  repealed. 
Amendment  to      SECTION  2.     Scctiou   fifty-six   of  Said   chaptcr  is  hereby 
^  '''^'  '  amended  by  striking  out  "  such,"  in  the  first  line,  and  insert- 

ing "  gas  ligl,it," 

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

Approved  June  13,  1870. 

ChdV.  354    -^^    -^^^    '^'^    AUTHORIZE    THE    SPRINGFIELD    HOME    FOR    FRIENDLESS 
■^'  AVOMEN   AND    CHILDREN    TO    HOLD    ADDITIONAL   REAL   ESTATE. 

Be  it  enacted,  ^c,  as  follows : 

$50,000  addi-  Section  1.     Tlie  Springfield  Home  for  Friendless  Women 

tate.      '  and  Children  in  the  city  of  Springfield,  is  hereby  authorized 

to  hold,  by  purchase  or  otherwise,  real  estate  to  the  amount 


1870.— Chapter  355.  257 

of  fifty  thousand  dollars  in  addition  to  the  amount  author- 
ized by  chapter  one  hundred  and  sixty-six  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-five,  and  for  the  purposes 
named  in  said  chapter. 

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

Approved  June  13,  1870. 


Chap.  355 


I 


Ax  Act  to  incorporate  the  turner's  falls  bridge  company 

Be  it  enacted,  ^'c,  as  follows  : 

Section  1.     Timothy  M.  Stoughton,  Nathaniel   Holmes,  corporators. 
David  A.  Wood,  Amos  E.  Perry,  Leonard  Barton,  Roswell 
Field,  Silas  N.  Brooks,  Lyman  Barton,  Peleg  Adams,  Ezra 
O.  Purple,  their  associates  and  successors,  are  hereby  made 
a  corporation  by  the  name  of  the  Turner's  Falls  Bridge  Com-  Kame. 
pany  ;  with  all  the  powers  and  privileges,  and  subject  to  all  Powers  and  du- 
the  duties,  liabilities  and  restrictions  set  forth  in  all  general 
laws  relative  to  such  corjwrations. 

Se€tion  2.    The  said  corporation  is  hereby  authorized»and  May  construct 
empowered  to  construct  a  bridge  over  the  Connecticut  River,  connecdcu't 
between  the  towns  of  Gill  and  Montague,  between  the  dam  ijiun'd  *" "^^^ 
of  the  Turner's  Falls  Company  and  the  mouth  of  Fall  River,  Montague. 
and  to  take  and  hold,  by  purchase  or  otherwise,  such  real 
estate  as  may  be  necessary  or  convenient  for  the  purposes 
aforesaid.     Said  corporation  shall  be  liable  to  pay  all  dam-  Damages  to  be 
ages  sustained  by  any  persons  in  their  property  by  the  taking  fn^ca"" of^'Jnd 
of  such  real  estate ;  and  if  any  person  who  shall  sustain  ^^^^.^^  ^°^  i^'s'i- 
damages  as  aforesaid   cannot  agree   with  said   corporation 
upon  the  amount  of  said  damages,  the  same  shall  be  ascer- 
tained, determined  and  recovered  in  the  manner  now  pro- 
vided by  law  in  case  of  land  taken  for  highways. 

Section  3.     Said  corporation  may  hold  real  and  personal  Keaiandper- 
estate  necessary  and  convenient  for  the  purposes  aforesaid,  ^°'^'*^*^''^^^*'' 
and  its  whole  capital  stock  shall  not  exceed  one  hundred  Capital  stock 
thousand  dollars,  which  shall  be  divided  into  shares  of  one  '^"'^  shares. 
hundred  dollars  each  ;  and  no  pecuniary  liability  shall  be 
assumed  by  said  corporation  until  one-quarter  part  of  its 
capital  stock  has  actually  been  paid  in  in  cash. 

Section  4.     Said  bridge  shall  be  well  built  of  substantial  Bridge  to  be  at 
materials,  and  shall  be  at  least  twenty-six  feet  in  width  and  s^x^feeTwid^e; 
floored  with  plank,  with  sufficient  railings  on  each  side,  and 
shall  be  kept  in  good,  safe  and  passable  repair  at  all  times ; 
and  should  any  railroad  corporation  hereafter  acquire  the  —maybe  taken 
right  to  construct  a  bridge  between  the  points  named  in  the  mUroad  com"'^ 
first  section  of  this  act,  they  may,  in  lieu  thereof,  take  and  acquire  *th7 
hold  tiie  bridge  and  other  property  of  the  Turner's  Falls  ^,^q^^°  '^"'^^  * 
Bridge  Company,  or  may  purchase  the  right  of  crossing  on 
33 


258  1870.— Chapter  355, 

the  top  of  the  same,  at  the  option  of  said  railroad  company. 
In  either  event,  the  amount  to  be  paid  to  said  Turner's  Falls 
whkif  bnd°e  bridge  Company,  and  the  terms  and  conditions  under  which 
may  be  usid  to  the  Same  may  be  enjoyed  and  used,  shall  be  adjudicated  and 
misstoners  to  be  estimated  by  three  disinterested  persons,  to  be  appointed  by 
lovenior'^anti  ^he  govemor  and  council  for  that  purpose,  whose  award, 
council.  being  reported  to  and  confirmed  by  the  governor  and  coun- 

rroviso.  cil,  shall  be  final :  provided,,  that  whenever  such  railroad 

company  shall  have  acquired  said  bridge,  it  shall  have  all  the 
rights  and  privileges,  and  be  subject  to  all  the  duties,  liabili- 
ties and  restrictions  of  said  Turner's  Falls  Bridge  Company, 
so  far  as  relates  to  that  part  of  the  bridge  which  is  used  for 
the  purpose  of  ordinary  travel. 
Bridge,  &c.,  SECTION  5.     The  legislature  may  at  any  time  authorize 

as%ubiic'high.  and  dircct  the  county  commissioners  of  the  county  of  Frank- 
t^^oHegisi^a-''"'  li"?  to  lay  out  as,  and  for  a  public  highway,  the  bridge,  abut- 
ture.  ments  and  ways  belonging  to  the  said  Turner's  Falls  Bridge 

Company,  and  make  said  bridge  free,  upon  such  terms  and 
conditions  as  may  be  deemed  just  and  proper. 
Kates  of  toll.  SECTION  6.  A  toll  is  hereby  established  and  granted  to 
said  Turner's  Falls  Bridge  Company,  at  the  following  rates, 
viz, :  for  each  horse  and  rider,  eight  cents ;  for  all  carriages 
drawn  by  one  horse,  twelve  cents  ;  for  all  sleighs  drawn  by 
one  horse,  ten  cents  ;  for  each  stage-coach  drawn  by  four 
horses,  twenty-five  cents  ;  for  each  pleasure  carriage  drawn 
by  two  horses,  twenty-five  cents ;  for  each  wagon  or  sleigh 
drawn  by  two  oxen,  twenty  cents ;  if  drawn  by  four  oxen, 
twenty-five  cents  ;  for  foot  passengers,  two  cents  ;  for  neat 
cattle,  horses,  and  mules,  three  cents  each  ;  for  swine  and 
sheep  one  cent  each — and  one  person  and  no  more  to  each 
carriage  of  burden  shall  pass  free  of  toll. 
Tolls  to  con-  Section  7.     The  said  tolls. shall  commence  on  the  day  of 

yearl.*''     ^     Opening  said  bridge  for  public  use,  and  shall  continue  for 
fifty  years,  and  at  the  place  of  receiving  said  toll  there  shall 
be  constantly  exposed  to  view,  a  sign-board  with  the  rates  of 
toll  fairly  and  legibly  printed  thereon. 
Rates  of  toll  SECTION  8.     The  Turner's  Falls  Bridge  Company  may,  if 

muted  or  pack-  it  SCO  causc,  commutc  the  rates  of  toll  established  by  the 
af  rJdnwd  ^°'  sixth  scctioii  of  this  act,  with  any  person  or  persons  by  taking 
^^^^^-  a  less  sum,  payable  at  any  stated  period  instead  of  the  tolls 

aforesaid,  or  by  taking  of  all  persons  less  rates  of  toll  than 
are  above  specified,  or  by  the  sale  of  package  tickets  at  re- 
Proviso.  duced  rates  :  provided,,  that  said  Turner's  Falls  Bridge  Com- 

pany shall  not  receive  any  lower  rates  of  toll  than  now  are 
or   may  be   hereafter  received   by  the   Connecticut   River 


1870.— Chapter  356.  259 

Bridge  Company  at  their  bridge  between  Montague  and 
Deerfield,  or  without  the  consent  of  said  Connecticut  River 
Bridge  Company,  or  its  legal  representatives. 

Section  9.     Tlie  said  corporation  within  three  years  after  Account  of  cost 
the  opening  of  said  bridge,  shall  cause  a  true  account  of  the  returned  to  sl-c- 
expense  of  building  the  same,  and  also  at  the  end  of  every  J'lionweafth  °™' 
three  years  thereafter  a  true  account  of  all  receipts  and  dis-  witiuu  three 
bursements  on  account  of  the  same,  to  be  returned  into  the 
office  of  the  secretary  of  the  Commonwealth. 

Section  10.     The  legislature  may  at  any  time  hereafter  Legislature 
regulate  the  tolls  on  said  bridge,  as  it  may  deem  expedient :  tous. 
provided,  however,  that  the  tolls  of  the  Turner's  Falls  Bridge  Proviso. 
Company  and  of  the  Connecticut  River  Bridge  Company 
shall  always  be  established  at  a  uniform  rate. 

Section  11.    If  said  corporation  shall  neglect  for  five  years  Bridge  to  be 
from  the  passage  of  this  act  to  build  and  finish  said  bridge,  nve  years. 
this  act  shall  be  void. 

Section  12.  This  act  shall  not  take  effect  until  the  county  when  act  shaii 
commissioners  of  Franklin  county  shall  determine  that  the 
construction  of  this  bridge  will  in  no  way  interfere  with  the 
laying  out  and  constr'ucting  a  free  bridge  petitioned  for  by 
John  Russell  and  others,  which  petition  is  now  pending 
before  said  commissioners.  Said  determination  or  decision 
shall  be  in  writing  and  signed  by  a  major  part  of  the  com- 
missioners and  recorded  in  the  office  of  the  clerk  of  the 
supreme  judicial  court  for  the  county  of  Franklin. 

Approved  June  13,  1870. 


Chap.  356 


An  Act  to  authorize  Abraham  day  and  others  to  construct 

A  railroad  in  rockport. 
Be  it  enacted,  ^-c.,'as  follows  : 

Section  1.     License   is  hereby  given   to   Abraham  Day,  May  construct 
Nathaniel  Webster,  their  associates  and  assigns,  to  locate,  raih-o?uUa^ 
construct  and  operate  a  railroad  commencing  at  some  con-  ko'^'^po'*- 
venient  point  near  the  dwelling-house  on  the  Beaver  Dam 
Farm,  so  called,  in  Rockport,  adjoining  the  Rockport  Rail- 
road, and  thence  running  through  land  of  said  Abraham 
Day  and  Nathaniel  Webster  across  the  highway  to  the  west-     • 
ern  shore  of  Cape  Pond,  in  said  Rockport:  provided,  that  Proviso. 
the  motive  power  to  be  used,  and  the  rate  of  speed  to  be  run 
in  the  operation  thereof,  shall  at  all  times  be  subject  to  the 
direction  and  control  of  the  selectmen  of  the  town  of  Rock- 
port ;  and  in  case  of  a  failure  or  neglect  to  comply  with  the 
lawful  directions  of  said  selectmen,  the  said  selectmen  or  a 
majority  of  them,  may,  after  such  failure  or  neglect  shall 


260 


1870.— Chapters  357,  358. 


Proviso. 


Chap.  351 


Amendment  to 
IfeOy,  398,  §  2. 


Chap.  358 


Corporators. 


Name  and  pur- 
pose. 


Towers  and  du- 
ties. 


Capital  stock 
aud  shares. 


liave  continued  thirty  days,  remove  that  portion  of  said  rail- 
road located  across  said  highway;  and  provided,  further,  that 
this  license  may  be  revoked  at  any  time. 

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

Approved  June  13,  1870. 
An  Act  in  addition  to  an  act  to  incorporate  the  neavbuky- 

PORT    city   railroad    COMPANY. 

Be  it  enacted,  SjX,,  as  follows : 

Section  1.  Section  two  of  chapter  three  hundred  and 
ninety-eight  of  the  acts  of  the  year  eighteen  hundred  and' 
sixty-nine  is  hereby  amended  by  inserting  after  the  words 
"limits  of"  where  they  fii'st  occur  in  said  section,  the  word 
"  Salisbury ; "  section  three  of  said  act  is  hereby  amended 
by  inserting  after  the  words  "  Eastern  Railroad  "  the  words 
"  or  both  ;  "  and  section  four  of  said  act  is  hereby  amended 
by  inserting  after  the  words  "  Boston  and  Maine  Railroad 
Company  "  the  words  "  or  to  said  companies  jointly,"  and 
by  adding  at  the  end  thereof  the  words  "  or  to  contract  with 
any  responsible  parties  for  the  operation  of  its  road,  but  such 
contract  shall  not  operate  or  be  construed  to  exempt  or 
relieve  said  Newbury  port  City  Railroad  Company  from  any 
duties,  liabilities  or  restrictions  to  which  said  company  now 
is  or  hereafter  may  be  subject  by  law." 

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

Approved  June  13,  1870. 

An  Act  to   incorporate  the  lynn  mechanic's  building  asso- 
ciation. 
Be  it  enacted,  ^'c,  as  follows: 

Section  1.  Benjamin  K.  Prentiss,  Nathan  M.  Hawkes, 
Edwin  Patch,  their  associates  and  successors,  are  hereby 
made  a  corporation  under  the  name  of  the  Lynn  Mechanic's 
Building  Association,  during  the  term  of  fifteen  years  from 
and  after  the  passage  of  this  act,  for  the  purpose  of  manag- 
ing and  administering  the  funds  belonging  to  said  associa- 
tion, and  of  holding  and  conveying  real  estate  in  Lynn,  and 
of  building  upon,  improving  and  altering  the  same  ;  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  cor- 
porations. 

Section  2.  The  capital  stock  of  said  corporation  shall  be 
divided  into  shares  of  fifty  dollars  each ;  and  said  corpora- 
tion may  hold  real  and  personal  estate  to  an  amount  not 
exceeding  one  hundred  thousand  dollars.  Said  corporation 
shall  not  go  into  operation  or  incur  any  liability  until  the 


1870.— Chapter  359.     '  261 

sum  of  eight  thousand  dollars  shall  have  been  paid  in  in 
cash. 

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

Approved  June  15,  1870. 


Chap.  359 


An  Act  relating  to  the  state  visiting  agency  and  juvenile 

offenders. 

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

Section  1.     The  governor,  with  the  advice  and  consent  visitinfr  agent 
of  the  council,  shall  appoint  a  visiting  agent  of  the  board  of  charges f term 
state  charities,  who  shall  hold  his  office  for  three  years,  unless  of^office,  salary, 
sooner  removed,  and  who  shall  receive  an  annual  salary  of 
twenty-five  hundred  dollars,  and  may  employ  such  assistants 
and  incur  such  expenses  as  said  board  may  approve. 

Section  2.     Said  agent  or  his  assistant  shall  as  often  as  —to  visit  annn- 
once  a.  year,  visit  by  himself  or  an  assistant  all  children  fndVutured'by'^ 
maintained  wholly  or  in  part  by  the  state,  or  who  have  been  tiie  state; 
indentured  or  placed  in  charge  of  a  person  by  any  state  in- 
stitution, board,  or  officer  of  the  Commonwealth,  or  under 
any  provision  of  this  act.     He  shall  inquire  into  the  condi- 
tion of  such  children  and  make  such  other  investigations  in 
relation  thereto  as  said  board  of  state  charities  may  pre- 
scribe.    And  for  the  purpose  aforesaid,  said  agent  or  his  as- 
sistant may  have  private  interviews  with  such  children  at 
any  time. 

Section  3.     When  said  agent  is  of  opinion  that  a  child  so  —to  report  facts 
indentured  or  placed  in  charge  of  a  person  cannot,  with  ad-  cMidren^OTght 
vantage  to  the  child,  be  longer  so  held,  he  shall  report  the  fudent'uredT'^''^ 
facts  to  the  institution,  board,  or  officer,  by  which  such  child 
was  indentured,  and  said  institution,  board  or  officer  may 
cancel  the  indenture  or  contract,  by  giving  notice  as  provid-      4- 
ed  in   section  one,  chapter  three  hundred  and  two,  acts  of 
eighteen  hundred  and  sixty-nine,  and  return  such  child  to 
the  institution  from  which  indentured  or  taken  ;   or,  on  ap- 
plication of  such  institution,  board  or  officer,  the  board  of 
state  charities  may  transfer  him  or  her  to  any  other  institu- 
tion maintained  by  the  Commonwealth  for  the  support  or 
reformation  of  children,  or  indenture  him  or  her  to  some 
other  person,  or  otherwise  provide  for  his  or  her  maintenance 
during  minority,  or  for  a  less  time.     The  cancellation  of  the 
indenture  or  contract  shall  not  operate  as  a  discharge  of  the  ♦ 
minor  under  any  sentence  or  order  of  commitment. 

Section  4.  No  child  shall  be  indentured,  adopted  or -to  be  notified 
taken  in  charge  of  any  person  from  a  state  institution  until  takenVomliny 
notice  of  an  application  therefor  has  been  given  to  said  tion^^amf  to  re- 
agent, and  his  report,  in  writhig,  made  after  investigation  port' to  board  if 


262  .      1870.— Chapter  359. 

child  is  disposed  into  the  propriety  thereof,  is  filed  with  such  institution.  And 
his ''recommen"  all  applications  foF  the  release  or  discharge  of  any  children 
dation;  g^  indentured  or  placed  in  charge  of  persons,  shall  be  given 

to  said  agent  for  his  report,  in  like  manner.     And  if  any 
child  is  disposed  of  contrary  to  his  report  and  recommenda- 
tion, he  shall  report  all  the  facts  in  the  case  to  the  board  of 
state  charities  for  its  action, 
—to  seek  out         Section  5.    .Said  agent  shall  seek  out  suitable  persons 
sons'to ^adopt,  who  are  willing  to  adopt,  take  charge  of,  educate  and  main- 
TOmmitledTo     ^^^^^  children  arrested  for  offences,  committed  to  any  state 
state  institu-     institution,  abandoned  or  ncglectcd,  and  give  notice  thereof 
to  the  institutions,  boards,  officers  or  persons  having  author- 
ity so  to  dispose  of  said  children  ;  and  he  shall  from  time  to 
time  make  report  to  said  board  of  state  charities  of  his  do- 
ings under  this  act. 
—to  appoint  Section  6.    The  duties  of  said  agent  as  declared  in  sec- 

Form  his°dutVes  tion  two  of  this  act  in  relation  to  girls  indentured,  adopted 
imhistriaf  ***  01'  taken  from  the  state  industrial  school  for  girls,  shall  be 
school  for  girls,  performed  by  a  person  or  persons  appointed  by  said  agent, 
with  the  approval  of  the  trustees  of  said  school  and  paid  out 
of  the  appropriation  for  said  school. 
Children  under  SECTION  7.  Whcu  a  boy  Or  girl,  cxccpt  ill  tlic  couuty  of 
be^ri^'d^by '^^  °  Suffolk,  is  brought  before  a  trial  justice,  police  or  municipal 
batrexwptfor  court,  ou  complaiut  for  any  offence  not  punishable  by  im- 
oiienc«s punish-  prisoumeut  for  life,  except  for  an  offence  against  a  town  or 
onineut  for  life,  city  by-law  or  ordinance,  and,  in  said  county  of  Suffolk,  is 
*'''*  so  brought  for  any  offence  first  described,  but  not  now  within 

the  final  jurisdiction  of  any  police  or  municipal  court  there- 
in, and  it  appears  at  or  before  the  trial,  that  such  boy  or  girl 
is  under  the  age  of  sixteen  years,  the  justice  or  court  shall 
*       make  an  endorsement  of  the  fact  upon  the  original  warrant, 
and  the  officer  who  served  said  warrant,  or  any  other  officer 
qualified  to  serve  the  same,   shall   take   said   boy   or   girl 
with  said  warrant  and  the  complaint  before  the  judge  of  the 
probate  court,  who  shall  have  jurisdiction  thereof  in  like 
Proceedings  in  manner  as  if  originally  brought  before  him.     And  in  the 
oun  y.  ^Q^^j^^y.  Qf  s^ffoik^  all  boys  and  girls  under  sixteen  years  of 
age,  complained  of  for  any  offence  before  any  police  or  mu- 
nicipal court,  shall  have  the  complaints  against  them  heard 
and  determined,  by  tbemselves,  separate  from  the  general 
•  and  ordinary  criminal  business  of  said  courts  :  in  all  such 
cases,  the  notice  provided  in  section  eight  shall  be  given  to 
the  visiting  agent,  and  they  may  be  disposed  by  the  judge  of 
said  court  in  the  manner  provided  in  section  ten,  if  deemed 
expedient. 


1870.— Chapter  359.  263 

Section  8.     When  a  complaint  against  any  boy  or  girl  for  A^enuo^be^no- 
any  offence  is  made  or  pending  before  a  judge  of  the  pro-  complaint  is 
bate  court  or  a  commissioner,  notice  in  writing  thereof  shall  ^^'^■ 
be  given  to  said  agent,  who,  by  himself  or  an  assistant  shall 
have  an  opportunity  to  investigate  the  case,  attend  the  trial 
and  protect  the  interest  of,  or  otherwise  provide  for  such 
child.     Said  notice  may  be  sent  by  mail  to  said  agent  or  he  Notice  maj;  be 
may  waive  the  same  or  the  service  thereof.  sent  by  mail. 

Section.  9.     A  child  arrested  on  any  complaint  referred  chiid  arrested 
to  in  the  preceding  sections  may  be  held  or  committed  to  mft^ed^oT^ii, 
jail  by  the  officer  having  said  child  in  custody  until  the  time  trla//""^  ^'^ 
appointed  for  the  trial,  unless  admitted  to  bail  as  provided 
in  section  thirty-six,  chapter  one  hundred  and  seventy  of  the 
Oeneral  Statutes,  and  the  judge  of  the  probate  court,  as 
well  as  the  magistrate  named  in  said  section,  may  admit  to 
bail. 

Section  10.     The  iudge  of  the  probate  court  or  commis-  Judge  may  a«- 
sioner,  before  whom  a  child  is  brought  on  any  complaint  to  indenture 
aforesaid,  upon  request  of  said  agent  may  authorize  the  queft"of°ag«it. 
board  of  state  charities  to  take  and  indenture,  or  place  in 
charge  of  any  person  or  in  the  state  primary  school,  such 
child  till  he  or  she  attains  the  age  of  twenty-one  years,  or 
for  any  less  time.     And  said  board  may  provide  for  the 
maintenance  of  any  such  child   so  indentured  or  placed  in 
charge  of  a  person,  in  whole  or  in  part,  at  a  cost  to  the  state 
not  exceeding  the  average  cost  of  the  support  of  children  at 
the  state  primary  school. 

Section  11.  When  a  boy  is  convicted  by  a  judge  of  the  Disposition  of 
probate  court  of  any  offence,  unless  disposed  of  as  provided  vi^ed.  ^^''^ 
in  section  ten,  he  may  be  sentenced  and  committed  to  any 
institution  established  by  authority  of  the  laws  of  the 
Commonwealth  for  the  reformation  of  juvenile  offenders  ; 
or,  if  below  the-  age  of  twelve  years,  to  the  state  reform 
school ;  if  above  the  age  of  fourteen  years,  to  the  Massachu- 
setts nautical  school ;  and  if  between  those  ages,  to  either  of 
said  schools,  in  like  manner  and  subject  to  the  same  provis- 
ions of  law  as  now  apply  to  boys  committed  to  said  schools 
or  institutions  respectively,*  or  in  the  discretion  of  the  judge, 
to  such  other  punishment  as  is  provided  for  the  offence. 

Section  12.  When  a  girl  is  convicted  by  a  judge  of  the  Disposition  of 
probate  court  of  any  offence,  unless  disposed  of  as  provided  fict'ed.*^"'^ 
in  section  ten,  she  may  be  sentenced  and  committed  to  the 
state  industrial  school  for  girls,  in  like  manner  and  subject 
to  the  same  provisions  of  law  as  now  apply  to  girls  com- 
mitted to  said  school,  or,  in  the  discretion  of  the  judge,  to 
such  other  punishment  as  is  provided  for  the  offence. 


264 


1870.— Chapters  360,  361. 


Judges  of  pro- 
bate may  re- 
ceive com- 
plaints, issue 
warrants,  &c., 
in  any  county. 


Massachusetts 

Nautical 

Scliool. 


Cases  under 
laws  of  pauper 
settlement  not 
affected. 


Repeal. 


Chap.  360 


Commissioners 
not  to  lease 
pond  exceeding 
twenty  acres  in 
area. 


Chap.S6l 


Salary  of  dis- 
trict-attorney, 
live  thousaud 
dollars. 


Section  13.  Judges  of  the  probate  courts  may  receive 
complaints,  issue  warrants  and  hear  cases  against  juvenile 
offenders  referred  to  in  this  act,  at  such  times  or  places,  in 
or  out  of  their  respective  counties  as  convenience  may  re- 
quire. And  any  judge  of  a  probate  court  may  act  in  any 
case  for  the  judge  of  any  other  county,  whether  absent  or 
not,  when  so  requested. 

Section  14.  The  nautical  branch  of  the  State  reform 
school  shall  hereafter  be  called  the  Massachusetts  Nautical 
School,  and  its  trustees  shall  have  and  exercise  the  same 
rights  to  indenture  boys  committed  to  it  as  are  vested  in  the 
trustees  of  the  State  reform  school. 

Section  15.  This  act  shall  not  prevent  the  board  of  state 
charities  from  disposing  of  any  cases  under  the  laws  of  pau- 
per settlement,  or  the  removal  from  the  state  of  persons 
chargeable  elsewhere. 

Section  16.  Section  nine  of  chapter  seventy-five,  and 
section  twenty-one  of  chapter  seventy-six  of  the  General 
Statutes,  except  as  to  said  county  of  Suffolk,  and  so  much  of 
chapter  four  hundred  and  fifty-three  of  the  acts  of  eighteen 
hundred  and  sixty-nine  as  is  inconsistent  with  the  provisions 
of  this  act  are  hereby  repealed,  saving  all  acts  done  and  all 
proceedings  commenced  under  the  same. 

Section  17.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  15,  1870. 

An  Act  to  amend  an  act  for   encouraging   the  cultivation 

of    useful  fishers. 
Be  it  enacted,  ^c,  as  folloios : 

Section  1.  Section  nine  of  chapter  three  hundred  and 
eighty-four  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-nine  is  hereby  so  amended  that  the  commissioners  on 
inland  fisheries  shall  have  no  authority  to  lease  any  great 
pond  exceeding  twenty  acres  in  area  situated  within  the 
limits  of  Dukes  County. 

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

Approved  June  15,  1870. 

. ( . 

An  Act   to    increase    the    salary    of  the  district-attorney 

for  the  suffolk  district. 
Be  it  enacted,  cS'c,  as  follows  : 

Section  1.  The  annual  salary  of  the  district-attorney  for 
the  Suffolk  district  shall  hereafter  be  five  thousand  dollars, 
to  be  paid  out  of  the  treasury,  in  monthly  payments,  and  in 
that  proportion  for  any  part  of  a  year,  and  from  the  first  day 
of  January  last.    • 


1870.— Chapter  362.  265 

Section  2.  The  assistant  district-attorney  for  the  district  District-attor- 
of  Suffolk  shall  hereafter  be  appointed  by  the  district-attorney  w/a°si^tant?' 
for  said  district,  and  removable  at  his  pleasure. 

Section  3.    AH  acts  and  parts  of  acts  inconsistent  with  the  Repeal, 
provisions  of  this  act,  are  hereby  repealed. 

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

Approved  June  15,  1870. 
An   Act   concerning   the    Massachusetts    central    railroad  (7A^».  362 

COMPANY.  ^' 

Be  if  enacted,  §'c.,  as  follows  : 

Section  1.    The  Massachusetts  Central  Railroad  Company  May  issue 
is  hereby  authorized  to  issue  bonds  in  sums  of  not  less  than  seven  pef "eft. 
one  hundred  dollars  each,  payable  at  periods  not  exceeding  niort-age'^TOad 
twenty  years  from  the  date  thereof,  and  bearing  interest  not  'is  security. 
exceeding  seven  per  cent,  a  year,  payable  annually  or  semi- 
annually, to  an  amount  not  exceeding  the  capital  stock  actu- 
ally paid  in  to  the  treasury  of  said  company,  and  may  mort- 
gage its  railroad   or  any  hereinafter  described   section  or 
sections  thereof,  together  with  its  property,  rights  and  fran- 
chise to  secure  the  payment  of  such  bonds.  • 

Section  2.     Said  company  is  hereby  authorized  by  vote  May  reduce 
of  its  directors  to  reduce  its  capital  stock  to  a  sum  not  less  '^'^^^  ^  ^°'^'' 
than  two  million  dollars. 

Section  3.     Said  company  is  hereby  authorized  as  afore-  May  divide 
said,  for  the  purpose  of  construction,  to  divide  its  railroad  sectionsfor""^ 
into  four  sections,  as  follows,  to  wit :  the  first  section  to  em-  ^tructi^on°^  ^'^^' 
brace  that  portion  from  its  connection  with  the  Fitchburg 
Railroad  to  its  most  westerly  intersection  with  the  Worcester 
and  Nashua,  or  Boston,  Clinton  and  Fitchburg  Railroad  ;  the 
second  section  to  embrace  that  portion  from  said  intersection 
with  the   Worcester  and   Nashua  or  Boston,   Clinton  and 
Fitchburg  Railroad  to  some  point  in  Barre ;  the  third  sec- 
tion to  embrace  that  portion  from  such  point  in  Barre  to  its 
intersection  with  the  New  London  Northern  Railroad  in  Bel- 
chertown  ;  the  fourth  section  to  embrace  that  portion  from 
such  intersection  with  the  New  London  Northern  Railroad  to 
some  point  in  Williamsburg.     Said  company  is  hereby  au-  May  receive 
thorized  to  receive  subscriptions  for  the  construction  of  each  fo\^conTtruc"tion 
of  said  sections  separately  ;  and  when  the  sum  of  four  hun-  aLteiy."'^^  ^^^^' 
dred  thousand  dollars  shall  have  been  subscribed  for  said 
first  section  said  company  may  proceed  to  build  the  same ; 
when  the  sum  of  seven  hundred  thousand  dollars  shall  have 
been  subscribed  for  said  second  section  said  company  may 
proceed  to  build  the  same  ;  when  the  sum  of  four  hundred 
thousand  dollars  shall  have  been  subscribed  for  said  third 
section  said  company  may  proceed  to  build  the  same ;  and 

34 


266  1870.— Chapter  363. 

when  the  sum  of  five  hundred  thousand  dollars  shall  have 
been  subscribed  for  said  fourth  section  said  company  may 
Provisos.  proceed  to  build  the  same  :  provided,  that  before  either  of 

said  sections  shall  be  commenced  a  certificate  shall  be  filed 
in  the  office  of  the  secretary  of  the  Commonvrealth,  sub- 
scribed and  sworn  to  by  the  president  and  a  majority  of  the 
directors  of  said  company,  stating  that  all  the  stock  named 
above  for  the  section  they  purpose  to  build  has  been  sub- 
scribed by  responsible  parties,  and  that  twenty  per  centum 
of  the  par  value  of  each  and  every  share  thereof  has  been 
actually  paid  into  the  treasury  of  said  company ;  and  pro- 
vided, further,  that  the  said  first  section  shall  not  be  com- 
menced until  said  second  section  shall  have  been  completed. 
If  party  sub-  SECTION  4.     Any  party  having  made  or  hereafter  making 

stock  makes      a  Subscription  for  the  capital  stock  of  said  company  is  hereby 
h!g"&a"his"''  authorized  to  enter  upon  the  subscription  book  of  said  com- 
shun%e^'a°"iied  P^"^  "^  Writing,  a  request  that  such  subscription'  shall   be 
to 'such  section  applied  to  either  of  said  sections,  and  upon  the  consent  of 
esires.     ^^^^   dircctors  of  said  company  such  subscription  shall  be 
^plied  as  thus  requested,  and  shall  be  treated  in  all  respects 
in  the  same  manner  as  if  it  had  been  originally  made  for  the 
construction  of  said  section  as  provided  by  this  act. 

Section  5.     Tiiis  act  shall  take  effect  upon  its  acceptance 
by  said  company.  Approved  June  15, 1870. 


Chap.  363 


An  Act  to  authorize  albert  t.  stearxs  to  build  and  extend 

his  wharves  in  boston. 
Be  it  enacted,  S^'c,  an  folloics  : 

May  build  SECTION  1.     Albert  T.    Stcams   is   hereby  authorized   to 

Ne'ponsetTiivcr  build  and  extcud  a  wharf  or  wharves  on  Neponset  River,  at 
fuBosto^?'^''^'' Port  Norfolk,  in  the  city  of  Boston,  from  the  lot  of  land 
recently  purchased  by  him,  south-easterly,  towards  the  har- 
bor line  now  established,  and  to  such  line,  within  said  harbor 
line,  as  may  be  directed  by  the  harbor  commissioners.  Said 
wharves  are  to  be  built  and  extended  between  the  wharves 
which  said  Stearns  was  autliorized  to  extend,  by  chapter  two 
hundred  and  forty-seven,  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-seven,  and  the  wharf  now  owned  or  occu- 
Proviso.  pied  by  Laban  Pratt :  provided,  that  all  things  done  under 

this  act  shall  be  subject  to  the  provisions  of  section  four  of 
chapter  one  hundred  and  forty-nine  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-six,  and  sections  one,  two  and 
three  of  chapter  four  hundred  and  thirty-two  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-nine. 

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

Approved  June  15,  1870. 


1870.— Chapter  364. 


267 


An  Act  to  apportion  and  assess  a  state  tax  of  two  million  QJidp^  364 

FIVE  HUNDRED  THOUSAND  DOLLARS.  "' 

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

Section  1.     Each  town  and  city  in  this  Commonwealth  Asse^s«ment  of 
shall  be  assessed  and  pay  the  several  sums  with  which  they  towns. 
stand  respectively  charged  in  the  following  schedvile,  that  is 
to  say : — 

SUFFOLK     COUNTY. 


Counties: 
Suffolk. 


Boston, 

Chelsea, 

North  Chelsea,     . 

Nine  hundred   and  thirty-three  thou- 
sand seven   hundred  and  seventy- 
five  dollars, 

Twenty  thousand   one   hundred   and 
twenty-five    dollars, 

Two  thousand  one  hundred  dollars,     . 

$933,775  00 

20,125  00 
2,100  00 

WInthrop,    . 

One  thousand  one  hundred  and  twen- 
ty-five dollars,         .... 

1,125  00 

$957,125  00 

ESSEX     COUNTY, 


Essex. 


Amesbury,  . 

Andover, 

Beverly, 

Boxford, 

Bradford,     . 

Danvers, 

Essex, 

Georgetown, 

Gloucester,  . 

Groveland, . 

Hamilton,    • 

Haverhill,    . 

Ipswich, 

Lawrence,   . 

Four  thousand  eight  hundred  and  fifty 
dollars,     ...... 

Seven  thousand  one  hundred  and  twen- 
ty-five dollars,  .... 

Nine  thousand  one  hundred  and  seven 
ty-five  dollars,  .... 

One  thousand  six  hundred  and  twenty- 
five  dollars,      .... 

Two  thousand    two  hundred  and  sev- 
enty-five dollars. 

Six  thousand  and  seventy-five  dollars, 

Two  thousand  five  hundred  dollars, 

Two  thousand  two  hundred  and  twenty- 
five  dollars,      .... 

Twelve  thousand  seven  hundred  and 
twenty-five  dollars,  . 

One  thousand  nine  hundred  and  twen 
ty-five  dollars, .... 

One  thousand  two  hundred  and  fifty 
dollars,     ..... 

Twelve  thousand   eight    hundred  and 
twenty-five  dollars,  . 

Four  thousand  one  hundred  and  sev- 
enty-five dollars,        ... 

Twenty-eight  thousand    five    hundred 
and  fifty  dollars, 


$4,850  00 

7,125  00 

9,175  00 

1,625  00 

2,275  00 
6,075  00 

2,500  00 

2,225  00 
12,725  00 

1,925  00 

1,250  00 
12,825  00 

4,175  00 
28,550  00 


268 


1870.— Chapter  364. 

Essex  County — Concluded. 


Middlesex, 


Lynn,  . 
Lynnfield,    . 
Manchester, 
Marblehead, 
Methuen,     . 
Middleton,  . 
Nahant, 
Newbury,     . 
Newburyport, 
North  Andover, 
Peabody, 
Rockport,    . 
Rowley, 
Salem, 
Salisbury,    . 
Sftugus, 
Swampscott, 
Topsfield,     . 
Wenham,     . 
West  Newbury, 


Twenty-six  thousand  and  fifty  dollars, 

One  thousand  five,  hundred  and  fifty- 
dollars,     

Two  thousand  one  hundred  and  twenty 
five  dollars 

Six  thousand  nine  hundred  and  fifty 
dollars, 

Three  thousand  five  hundred  and  fifty 
dollars, 

One  thousand  and  fifty  dollars,    . 

One  thousand  two  hundred  dollars. 

Two  thousand  dollars, . 

Nineteen  thousand  five  hundred  dollars, 

Four  thousand  seven  hundred  dollars, 

Nine  thousand  nine  hundred  and  twen- 
ty-five dollars,  ,         .         .         .         . 
Three  thousand  seven  hundred  dollars, 

One  thousand  four  hundred  and  fifty 
dollars, 

Thirty-nine  thousand  nine  hundred  and 
twenty-five  dollars,  .         .         .         . 

Four  thousand  five  hundred  and  seven- 
ty-five dollars, 

Three  thousand  three  hundred  and 
twenty-five  dollars,  .         .         .         . 

Three  thousand  five  hundred  and  fifty 
dollars,     ...... 

One  thousand  eight  hundred  and  twen- 
ty-five dollars,  ..... 

One  thousand  two  hundred  and  fifty 
dollars, 

Two  thousand  six  hundred  and  twenty- 
five  dollars,      .         .    •    .      .  . 


$26,050  00 

1,550  00 

2,125  00 

6,950  00 

3,550  00 
1,050  00 

1,200  00 

2,000  00 

19,500  00 

4,700  00 


9,925  00 

3,700  00 


1,450  00 
39,925  00 
4,575  CO 
3,325  00 
3,550  00  ■ 
1,825  CO 
1,250  00 
2,625  00 


$238,125  00 


MIDDLESEX     COUNTY 


Acton, 
Arlington,  . 

Ashby, 

Two  thousand  three  hundred  dollars,  . 

Six  thousand  nine  hundred  and  twenty- 
five  dollars, 

One  thousand  four  hundred  and  fifty 
dollars, 

$2,300  00 

6,925  00 
1,450  00 

1870.— Chapter  364. 

3Iiddlesex   County — Continued. 


269 


AsLland, 

One  thousand  nine  hundred  dollars,     . 

11,900  00 

Bedford,      . 

One  thousand  three  hundred  dollars,   . 

1,300  00 

Belmont,     . 

Seven  thousand  nine  hundred  and  twen- 

ty-five dollars, 

7,925  00 

Billerlca,     . 

Two  thousand  eight  hundred  and  twen- 

ty-five dollars, 

2,825  00 

Boxborough, 

Six  hundred  and  fifty  dollars. 

650  00 

Brighton,     . 

Nine  thousand  two  hundred  and  fifty 

O                 ' 

dollars, 

9,250  00 

Burlington, 

One  thousand  one  hundred  and  seven- 

ty-five dollars, 

1,175  00 

Cambridge, 

Sixty-three  thousand  and  twenty-five 

dollars, 

63,025  00 

Carlisle, 

Nine  hundred  and  fifty  dollars,    . 

950  00 

Charlestown, 

Forty-six  thousand  two  hundred  dollars, 

46,200  00 

Chelmsford, 

Three  thousand  nine  hundred'  and  fifty 

dollars, 

3,950  00 

Concord, 

Four  thousand  one  hundred  and  seven- 

ty-five dollars, 

4,175  00 

Dracut, 

Three  thousand  dollars, 

3,000  00 

Dunstable,  . 

One  thousand  dollars, .... 

1,000  00 

Framingham, 

Seven  thousand  two  hundred  and  fifty 

dollars, 

7,250  00 

Groton, 

Four  thousand  two  hundred  and  fifty 

dollars, 

4,250  00 

Holliston,    . 

Four  thousand  two  hundred  and  twen- 

ty-five dollars, 

4,225  00 

Hopklnton, 

Four  thousand  five  hundred  and  seven- 

ty-five dollars, 

4,575  00 

Lexington,  . 

Four  thousand  four  hundred  and  twen- 

ty-five dollars, 

4,425  00 

Lincoln, 

One  thousand  five  hundred   and  fifty 

dollars, 

1,550  00 

Littleton,    . 

One  thousand  six  hundred   and  fifty 

dollars, 

1,650  00 

Lowell, 

Fifty-one  thousand  eight  hundred  and 

fifty  dollars, 

51,850  00 

Maiden, 

Ten  thousand   six   hundred   and   fifty 

dollars, 

10,650  00 

Marlborough, 

Seven  thousand  six  hundred  and  fifty 

dollars, 

7,650  00 

Medford,     . 

Thirteen  thousand  two   hundred    and 

seventy-five  dollars, .... 

13,275  00 

Melrose, 

Four  thousand  four  hundred  and  sev- 

enty-five dollars,       .... 

4,475  00 

270 


1870.— Chapter  364. 
Middlesex  County — Concluded. 


Natick, 

Five  thousand  three  hundred  and  sev- 

enty-five dollars,      .... 

$5,375  00 

Newton, 

Twenty-three  thousand   fiaur  hundred 

and  twenty-five  dollars,    . 

23,425  00 

North  Reading,  . 

One  thousand  six  hundred  dollars. 

1,600  00 

Pejiperell,   . 

Two  thousand  five  hundred  and  twen- 

ty-five dollars, 

2,525  00 

Reading,     . 

Three  thousand  five  hundred  dollars,  . 

3,500  00 

Sherborn, .  . 

Two  thousand  two  hundred  dollars. 

2,200  00 

Shirley, 

One  thousand  eight  hundred  and  twen- 

ty-five dollars, 

1,825  .00 

Sonierville, . 

Fourteen  thousand  four  hundred  dollars, 

14,400  00 

Stoneham,  . 

Three  thousand  nine  hundred  and  twen- 

ty-five dollars, 

3,925  00 

Stow,  . 

Two  thousand  one  hundred  dollars, 

2,100  00 

Sudbury,     . 

Two  thousand  seven  hundred  and  fifty 

dollars,     ...... 

2,750  00 

Tewksbury, 

One  thousand  nine  hundred  and  fifty 

dollars, 

.  1,950  00 

Townsend,  . 

Two  thousand  two  hundred  and  twen- 

ty-five dollars, 

2,225  00 

Tyngsborough,    . 

Nine  hundred  and  twenty-five  dollars, 

925  00 

Wakefield,  . 

Four  thousand  seven  hundred  dollars, 

4,700  00 

Waltharn,    . 

Thirteen   thousand    five   hundred  and 

seventy-five  dollars, .... 

13,575  00 

Watertowu, 

Six  thousand  nine  hundred  and  seventy- 

five  dollars, 

6,975  00 

Wayland,    . 

One  thousand  seven  hundred  and  fifty 

dollars, 

1,750  00 

Westford,    . 

Two  thousand  five  hundred  dollars. 

2,500  00 

Weston, 

Two  thousand  seven  hundred  and  twen- 

ty-five dollars, 

2,725  00 

Wilmington, 

One  thousand  tour  hundred  and  sev- 

enty-five dollars,       .... 

1,475  00 

Winchester, 

Three  thousand  six  hundred  and  fifty 

dollars, 

3,650  00 

Woburn,     . 

Thirteen   thousand   one  hundred   and 

twenty-five  dollars,  .... 

13,125  00 

1393,025  00 

1870.— Chapter  364. 

WORCESTER     COUNTY, 


271 

Worcester. 


Ashburnham, 

Two  thousand  three  hundred  and  fifty 

dollars, 

$2,350  00 

Athol, 

Three  thousand  two  hundred  and  sev- 

enty-five dollars,        .... 

3,275  00 

Auburn, 

One  thousand  three  hundred  and  fifty 

dollars, 

1,350  00 

Barre, 

Four  thousand  seven  hundred  and  twen- 

^ 

ty-five  dollars, 

4,725  00 

Berlin, 

One  thousand  one  hundred  and  seven- 

ty-five dollars, 

1,175  00 

Blackstone, 

Five  thousand  seven  hundred  and  sev- 

enty-five dollars,        .... 

5,775  00 

Bolton, 

One  thousand  ei<>ht  hundred  and  twen- 

ty-five dollars, 

1,825  00 

Boylston,     . 

One  thousand  two  hundred  and  fifty 

dollars, 

1,250  00 

Brookfield, . 

Two  thousand  eight  hundred  dollars,  . 

2,800  00 

Charlton,     . 

Two  thousand  five  hundred  and.twenty- 

five  dollars, 

2,525  00 

Clinton, 

Five  thousand  two  hundred  and  fifty 

dollars, 

5,250  00 

Dana, . 

Seven  hundred  and  fifty  dollars,  . 

750  00 

Douglas, 

Two  thousand  five  hundred  and  twenty- 

five  dollars, 

2,525  00 

Dudley, 

One  thousand  nine  hundred  and  fifty 

dollars, 

1,950  00 

Fitehburg,  . 

Eleven  thousand  four  hundred  and  fifty 

dollars, 

11,450  00 

Gardner,     . 

Two  thousand  seven  hundred  and  twen- 

ty-five dollars, 

2,725  00 

Grafton, 

Four  thousand  nine  hundred  and  sev- 

enty-five dollars,        .... 

4,975  00 

Hardwick,  . 

Two  thousand  eight  hundred  and  sev- 

enty-five dollars,        .... 

2,875  00 

Harvard,     . 

Two  thousand  four  hundred 'and  seven- 

ty-five dollars, 

2,475  00 

Holden, 

-Two  thousand  three  hundred  and  fifty 

dollars, 

2,350  00 

Hubbardston, 

Two  thousand  and  twenty-five  dollars. 

2,025  00 

Lancaster,  . 

Two  thousand  six  hundred  and  twenty- 

five  dollars, 

2,625  00 

Leicester,    . 

Four  thousand  two  hundred  and  fifty 

dollars, 

4,250  00 

Leominster, 

Five  thousand  one  hundred  and  seven- 

ty-five dollars, 

5,175  00 

Lunenburg, 

One  thousand  nine  hundred  and  twen- 

ty-five dollars, 

1,925  00 

Mendon, 

One  thousand  eight  hundred  dollars,    . 

1,800  00 

272 


1870.— Chapter   364. 


Worcester   Count}/ — Continued. 


Milford,      . 

Millbury,     . 

New  Braintree,  . 

Northborough,     . 

Northbridge, 

North  Brookfield, 

Oakham, 

Oxford, 

Paxton, 

Petersham, 

Phillipston, 

Princeton, 

Royalston, 

Kutland, 

Shrewsbury, 

Southborough, 

Southbridge, 

Spencer, 

Sterling, 

Sturbridge, 

Sutton, 

Templeton, . 

Upton, 

Uxbridge,   . 

Warren, 

Webster,     . 


Ten  thousand  one  hundred  and  fifty 
dollars,     ...... 

Three  thousand  nine  hundred  and  sev- 
enty-five dollars, 

One  thousand  four  hundred  and  twen 
ty-five  dollars,  .... 

Two  thousand  three  hundred  and  twen 
ty-five  dollars,  .... 

Three  thousand  one  hundred  and  twen^ 
ty-five  dollars,  .... 

Two  thousand  nine  hundred  and  fifty 
dollars, 

Nine  hundred  and  fifty  dollars,     . 

Three  thousand  two  hundred  and  twen 

ty-five  dollars, .... 
Eight  hundred  and  fifty  dollars,  . 

One  thousand  eight  hundred  and  sev 

enty-five  dollars, 
Nine  hundred  dollars, . 

Two  thousand  and  fifty  dollars,    . 

One  thousand  nine  hundred  and  fifty 
dollars, 

One  thousand  four  hundred  and  fifty 
dollars, 

Two  thousand  seven  hundred  dollars. 

Two  thousand  five  hundred  and  seven^ 

ty-five  dollars,  .... 
Four  thousand  seven  hundred  and  twen 

ty-five  dollars, .... 
Three    thousand    nine    hundred    and 

twenty-five  dollars,  . 
Two  thousand  eight  hundred  and  twen 

ty-five  dollars,  .... 
Two  thousand  four  hundred  and  fifty 

dollars, 

Three  thousand  one  hundred  dollars, 

Two  thousand  and  nine  hundred  dollars. 

Two  thousand  one  hundred  and  seven- 
ty-five dollars,  ..... 
Four  thousand  three  hundred  dollars, . 

Two  thousand  eight  hundred  and  twen- 
ty-five dollars, 

Three  thousand  one  hundred  and  fifty 
dollars, 


110,150  00 

3,975  00 

1,425  00 

2,825  00 

3,125  00 

2,950  00 
950  00 


3,225  00 
850  00 


1,«75  00 
900  00 

2,050  00 


1,950  00 

1,450  00 
2,700  00 


2,575  00 

4,725  00 

3,925  00 

2,825  00 

2,450  00 
3,100  00 

2,900  00 


2,175  00 
4,300  00 


2,825  00 
3,150  00 


1870.— Chapter  364. 
Worcester  Counts/ — Concluded. 


273 


Westborough, 

Three   thousand   seven    hundred   and 

seventy-five  dollars, .... 

$3,775  00 

West  Boylston,    . 

Two  thousand  four  hundred  and  fifty 

dollars, 

2,450  00 

West  Brookfield, 

One  thousand  nine  hundred  and  twen- 

ty-five dollars, 

1,925  00 

Westminster, 

Two  thousand  and  twenty-five  dollars, 

2,025  00 

Winehendon, 

Three  thousand  four  hundred  and  sev- 

enty-five dollars,       .... 

3,475  00 

Worcester,  . 

Fifty-one   thousand    and    seventy-five 

dollars, 

51,075  00 

$221,750  00 

HAMPSHIRE    COUNTY. 

Amherst, 

Belchertown, 

Chesterfield, 

Four  thousand  eight  hundred  and  sev- 
enty-five dollars,       .... 

Three  thousand  one  hundred  and  sev- 
enty-five dollars,       .... 

One  thousand  and  seventy-five  dollars. 

$4,875  00 

3,175  00 
1,075  00 

Cummington, 

One  thousand  and  twenty-five  dollars, 

1,025  00 

Easthampton, 
Enfield, 

Four  thousand  two  hundred  and  fifty 

dollars, 

One  thousand  six  hundred  dollars, 

4,250  00 
1,600  00 

Goshen, 

Four  hundred  and  fifty  dollars,    . 

450  00 

Granby, 

One  thousand  three  hundred  dollars,   . 

1,300  00 

Greenwich, . 

Seven  hundred  and  fifty  dollars, . 

750  00 

Hadley,    .    . 

Three  thousand  four  hundred  dollars,  . 

3,400  00 

Hatfield,      . 
Huntington, 

Three  thousand  five  hundred  and  fifty 

dollars, 

One  thousand  two  hundred  dollars, 

3,550  00 
1,200  00 

Middlefield, 

Nine  hundred  and  seventy-five  dollars. 

975  00 

Northampton, 

Twelve 'thousand  three  hundred  dollars. 

12,300  00 

Pelham, 

Six  hundred  and  twenty-five  dollars,  . 

625  00 

Plainfield,    . 

Seven  hundred  and  twenty-five  dollars. 

725  00 

Prescott, 

Six  hundred  and  fifty  dollars, 

650  00 

Hampshire 


35 


274 


Hampden. 


1870.— Chapter  364. 

Hampshire   County — Concluded. 


South  Hadley, 

Southampton, 

Ware, . 

Westhampton, 

Williamsburg, 

Worthington, 


Two  thousand  nine  hundred  and  sev- 
enty-five dollars,       .... 
One  thousand  four  hundred  dollars. 

Three  thousand  seven  hundred  dollars, 

Seven  hundred  and  seventy-five  dollars. 

Two  thousand  nine  hundred  and  twen- 
ty-five dollars,  .         .         .         .         . 

One  thousand  one  hundred  and  fifty 
dollars,     .         .     •    . 


^2,975  00 
1,400  00 

3,700  00 

775  00 

2,925  00 

1,150  00 

154,850  00 

HAMPDEN      C  OUNT  Y, 


Agawam,     . 

Two  thousand  two  hundred  and  fift;y 

dollars, 

$2,250  00 

Blandford,   . 

One  thousand  five  hundred  dollars. 

1,500  00 

Brimfield,    . 

One  thousand  nine  hundred  and  twen- 

ty-five dollars, 

1,925  00 

Chester, 

One  thousand  three  hundred  and  fifl;y 

dollars, 

1,350  00 

Chicopee,     . 

Eight  thousand  nine  hundred  dollars,  . 

8,900  00 

Granville,    . 

One  thousand  five  hundred  and  twen- 

ty-five dollars, 

1,525  00 

Holland, 

Three  hundred  and  seventy-five  dollars, 

375  00 

Holyoke, 

Six  thousand  nine  hundred  and  twen- 

ty-five dollars, 

6,925  00 

Longmeadow, 

Two  thousand  six  hundred  and  twenty- 

five  dollars, 

2,625  00 

Ludlow, 

One  thousand  three  hundred  dollars,    . 

1,300  00 

Monson, 

Three  thousand  five  hundred  and  seven- 

'# 

ty-five  dollars, 

3,575  00 

Montgomery, 

Four  hundred  and  fifty  dollars,    . 

450  00 

Palmer, 

Three  thousand  five  hundred  and  sev- 

enty-five dollars,       .    •     . 

3,575  00 

Russell, 

Six  hundred  and  twenty-five  dollars,    . 

625  00 

Southwick,  . 

One  thousand  six  hundred  and   fifty 

dollars, 

1,650  00 

Springfield, . 

Thirty-five  thousand  six  hundred  and 

twenty-five  dollars,  .... 

35,625  00 

Tolland,       . 

Eight  hundred  dollars, .... 

800  00 

1870.— Chapter  364. 

Hampden  Comity — Concluded. 


275 


Wales, 

Seven  hundred  and  twenty-five  dollars. 

$725  00 

Westfield,    . 

Eight  thousand  eight  hundred  dollars,  . 

8,800  00 

West  Springfield, 
Wilbraham, 

Three  thousand  four  hundred  and  fifty 
dollars,     ...... 

Two  thousand  four  hundred  and  fifty 
dollars, 

3,450  00 
2,450  00 

$90,400  00 

] 

FRANKLIN     COUNTY. 

Franklin 

Ashfield, 

One  thousand  seven  hundred  dollars,  . 

$1,700  00 

Bernardston, 

One  thousand  three  hundred  dollars,   . 

1,300  00 

Buckland,    . 
Charlemont, 

One  thousand  six  hundred  and  seven- 
ty-five dollars, 

One  thousand  and  seventy-five  dollars. 

1,675  00 
1,075  00 

Colrain, 

One  thousand  eight  hundred  dollars,    . 

1,800  00 

Conway, 

Two  thousand  dollars, .... 

2,000  00 

Deerfield,    • 
Erving, 

Three  thousand  four  hundred  and  fifty 

dollars, 

Five  hundred  and  twenty-five  dollars,  . 

3,450  00 
525  00 

Gill,     . 

One  thousand  and  fifty  dollars,    . 

1,050  00 

Greenfield,  . 

Five  thousand  dollars,  .... 

5,000  00 

Hawley, 

Seven  hundred  and  fifty  dollars,  . 

750  00 

Heath, 

Six  hundred  and  seventy-five  dollars,  . 

675  00 

Leverett, 

Eight  hundred  and  fifty  dollars,  . 

850  00 

Leyden, 

Seven  hundred  and  fifty  dollars,  . 

750  00 

Monroe, 

Two  hundred  and  fifty  dollars,     . 

250  00 

Montague,  . 

New  Salem, 

One  thousand  seven  hundred  and  fifty 

dollars, 

One  thousand  and  fifty  dollars,    . 

1,750  00 
1,050  00 

Northfield,  . 

Two  thousand  and  twenty-five  dollars. 

2,025  00 

Orange, 

One  thousand  nine  hundred  and  twenty- 
five  dollars, 

1,925  00 

276 


Berkshire. 


1870.— Chapter  364. 
Franklin    County — Concluded. 


Kowe, . 
Shelburne,  . 
Shutesbury, 
Sunderland, 
Warwick,  . 
Wendell,  . 
Whately,     . 


Five  hundred  and  twenty-five  dollars, 

Two  thousand  two  hundred  and  twen- 
ty-five dollars, .... 
Six  hundred  and  seventy-five  dollars, 

One  thousand  one  hundred  and  fifty 

dollars, 

Eight  hundred  dollars,. 

Six  hundred  dollars,     .        .        . 

One  thousand  eight  hundred  dollars. 


I 


525  00 


2,225  00 
675  00 


1,150  00 
800  00 

600  00 

1,800  00 


137,375  00 


BERKSHIRE     COUNTY. 

Adams, 

Nine  thousand  one  hundred  and  fifty 

dollars, 

^9,150  00 

Alford, 

Eight  hundred  and  seventy-five  dollars. 

875  00 

Becket, 

One  thousand  four  hundred  and  twen- 

ty-five dollars, 

1,425  00 

Cheshire,     . 

One  thousand  nine  hundred  and  fifty 

dollars, 

1,950  00 

Clarksburg, , 

Four  hundred  dollars, .... 

400  00 

Dalton, 

Two  thousand  four  hundred  dollars,    . 

2,400  00 

Egremont,    . 

One  thousand  five  hundred  and  twen- 

ty-five dollars, 

1,525  00 

Florida, 

Seven  hundred  dollars, 

700  00 

Great  Barrington, 

Five  thousand  seven  hundred  and  sev- 

enty-five dollars,      .... 

5,775  00 

Hancock,     . 

One   thousand  two  hundred  and  fifty 

dollars, 

1,250  00 

Hinsdale,     . 

Two  thousand  one  hundred  and  fifty 

dollars, 

2,150  00 

Lanesborough,     . 

One  thousand  seven  hundred  and  sev- 

enty-five dollars,       .... 

1,775  00 

Lee,     . 

Four  thousand  six  hundred  dollars. 

4,600  00 

Lenox, 

Two  thousand  two  hundred  and  fifty 

dollars, 

2,250  00 

Monterey,    . 

Eight  hundred  and  fifty  dollars,  . 

850  00 

Mt.  Washington, . 

Two  hundred  and  fifty  dollars,     . 

250  00 

New  Ashford, 

Two  hundred  and  seventy-five  dollars,  . 

275  00 

( 


1870.-— Chapter  364. 


277 


JBerJcshire  County — ConcluclecT. 


N.  Marlborough, 
Otis,    . 
Peru,  . 
Pittsfield,      . 
Richmond,  . 
Sandisfield,  . 
Savoy, 
Sheffield,      . 
Stockbridge, 
Tyringham, . 
Washington, 
W.  Stockbridge, 
Williamstown, 
Windsor, 


One  thousand  seven  hundred  and  sev- 
enty-five dollars,       .... 
One  thousand  dollars,  .        .     *   . 

Six  hundred  dollars,    .... 

Sixteen  thousand  two  hundred  dollars, 

One  thousand  three  hundred  and  sev- 
enty-five dollars,       .         .         .         • 

One  thousand  seven  hundred  and  twen- 
ty-five dollars, 

Eight  hundred  and  fifty  dollars,   . 

Three  thousand  two  hundred  and  sev- 
enty-five dollars,       .         .         .         . 

Three  thousand  three  hundred  and 
twenty-five  dollars,  .         .         .         . 

Eight  hundred  and  twenty-five  dollars, 

Eight  hundred  and  twenty-five  dollars, 

One  thousand  eight  hundred  dollars,   . 

Three  thousand  one  hundred  and  fifty 

dollars, 

Eight  hundred  and  seventy-five  dollars, 


NORFOLK      C  OUNT  Y, 


$1,775  00 
1,000  00 

600  00 

16,200  00 

1,375  00 

1,725  00 
850  00 

3,275  00 


3,325  00 
825  00 

825  00 

1,800  00 

3,150  00 

875  00 

$75,200  00 

Norfolk. 


Bellingham, 

One  thousand  three  hundred  and  fifty 

dollars, 

11,350  00 

Braintree,    . 

Four  thousand  four  hundred  and  sev- 

enty-five dollars,       .... 

4,475  00 

Brookline,   . 

Twenty-seven  thousand   one  hundred 

and  twenty-five  dollars,    • 

27,125  00 

Canton, 

Five  thousand  seven  hundred  dollars,  . 

5,700  00 

Cohasset,     . 

Three  thousand  one  hundred  and  twen- 

ty-five dollars, 

3,125  00 

Dedham, 

Twelve  thousand  four  hundred  dollars. 

12,400  00 

Dover, 

Nine  hundred  and  fifty  dollars,    . 

950  00 

Foxborough, 

Three  thousand  five  hundred  and  fifty 

dollars, 

3,550  00 

Franklin,     . 

Two  thousand  nine  hundred  dollars,    . 

2,900  00 

278 


Bristol. 


1870.— Chapter  364. 

Norfolh   County — Concluded. 


Medfield,     . 

One  thousand  six  hundred  and  fifty  dol- 

Medway,     . 

lars,         ...          ... 

Thi'ee  thousand  five  hundred  and  sev- 

$1,650 00 

Milton, 

enty-five  dollars,       .... 
Nine  thousand  nine  hundred  dollars,    . 

3,575  00 
9,900  00 

Needham,    . 

Four  thousand  six  hundred  and  fifty 

Quincy, 

dollars, 

Nine  thousand  nine  hundred  and  twen- 

4,650 00 

Randolph,    . 

ty-five  dollars, 

Seven  thousand  nine  hundred  dollars,  . 

9,925  00 
7,900  00 

Sharon, 

One  thousand  nine  hundred  and  seven- 

Stoughton, . 

ty-five  dollars,           .... 
Five  thousand  and  fifty  dollars,    . 

1,975  00 
5,050  00 

Walpole, 

Three  thousand  g,nd  fifty  dollars, . 

3,050  00 

West  Roxbury,    . 
Weymouth, . 

Twenty-four  thousand  four  hundred  and 

seventy-five  dollars, .... 

Nine  thousand  eight  hundred  and  sev- 

24,475 00 

Wrentham, . 

enty-five  dollars,       .... 
Three  thousand  eight  hundred  and  fifty 

9,875  00 

dollars, 

3,850  00 

$147,450  00 

BRISTOL     COUN  T  Y 


Acushnet,    . 

One  thousand  seven  hundred  and  fifty 

dollars, 

$1,750  00 

Attleborough, 

Six  thousand  three  hundred  and  fifty 

dollars, 

6,350  00 

Berkley, 

Nine  hundred  and  twenty-five  dollars. 

925  00 

Dartmouth,  . 

Six  thousand  and  two  hundred  dollars. 

6,200  00 

Dighton, 

Two  thousand  two  hundred  and  fifty 

dollars, 

2,250  00 

Easton, 

Five  thousand  and  one  hundred  dollars. 

5,100  00 

Fairhaven,  . 

Four  thousand  and  six  hundred  dollars. 

4,600  00 

Fall  River,  . 

Thirty-two  thousand  and  three  hundred 

dollars, 

32.300  00 

Freetown,    . 

One  thousand  nine  hundred  and  twen- 

ty-five dollars, 

1,925  00 

Mansfield,    . 

Two  thousand  two  hundred  and  fifty 

dollars, 

2,250  00 

New  Bedford, 

Forty-nine  thousand  four  hundred  and 

twenty-five  dollars,  .... 

49,425  00 

1870.— Chapter  364. 


279 


JBristol   County — ConcludecL 


Norton, 

Two  thousand  three  hundred  and  fifty 

dollars, 

$2,350  00 

Raynham,    . 

Two  thousand  eight  hundred  and  sev- 

enty-five dollars,       .... 

2,875  00 

Rehoboth,    . 

Two  thousand  one  hundred  and  fifty 

dollars, 

2,150  00 

Seekonk, 

One  thousand  three  hundred  and  fifty 

dollars, 

1,350  00 

Somerset,     • 

Two  thousand  four  hundred  and  twen- 

ty-five dollars, 

2,425  00 

Swanzey,     . 

Two  thousand  and  fifty  dollars,    . 

2,050  00 

Taunton, 

Twenty-two  thousand  one  hundred  and 

twenty-five  dollars,  .... 

22,125  00 

Westport,     . 

Three    thousand    nine   hundred    and 

seventy-five  dollars, .... 

3,975  00 

$152,375  00 

PLYJMOUTH     COUNTY. 

Abington,    . 

Nine  thousand  two  hundred  and  sev- 

enty-five dollars,       .... 

$9,275  00 

Bridgewater, 

Five  thousand  four  hundred  and  fifty 

dollars, 

5,450  00 

Carver, 

One  thousand  three  hundred  and  twen- 

ty-five dollars, 

1,325  00 

Duxbury,     . 

Two  thousand  nine  hundred  and  fifty 

dollars, 

2,950  00 

East  Bridgewater, 

Three  thousand  five  hundred  and  fifty 

dollars, 

3,5^0  00 

Halifax, 

One  thousand  dollars,  .... 

1,000  00 

Hanover,     . 

Two  thousand  and  seventy-five  dollars. 

2,075  00 

Hanson, 

One  thousand  three  hundred  and  fifty 

dollars, 

1,350  00 

Hingham,     . 

Six  thousand  three  hundred  and  twen- 

ty-five dollars, 

6,325  00 

Hull,    . 

Four  hundred  dollars, .... 

400  00 

Kingston,     . 

Three  thousand  three  hundred  and  fifty 

dollars, 

3,350  00 

Lakeville,     . 

One  thousand  six  hundred  dollars, 

1,600  00 

Marion, 

One  thousand  two  hundred  and  seventy- 

five  dollars, 

1,275  00 

Marshfield,  . 

Two  thousand  three  hundred  and  fifty 

dollars, 

2,350  00 

Mattapoisett, 

One  thousand  six  hundred  and  twenty 

five  dollars, 

1,625  00 

Plymoutli. 


280 


1870.— Chapter  364 


Plymouth  County — Concluded. 


Barnstable. 


Middleborough,    . 

Six  thousand  and  one  hundred  dollars. 

$6,100  00 

No.   Bridgewater, 

Six  thousand  seven  hundred  and  seven- 

ty-five dollars, 

6,775  00 

Pembroke,  . 

One  thousand  seven  hundred  dollars,  . 

1,700  00 

Plymouth,    . 

Eight  thousand  five  hundred  and  twen- 

ty-five dollars, 

8,525  00 

Plympton,    . 

Nine  hundred  dollars,  .... 

900  00 

Rochester,    . 

One  thousand  five  hundred  and  seventy- 

five  dollars, 

1,575  00 

Scituate, 

Two  thousand  five  hundred  and  seven- 

ty-five dollars, 

2,575  00 

South  Scituate,    . 

Two  thousand  two  hundred  and  seven- 

ty-five dollars, 

2,275  00 

Wareham,    . 

Two  thousand  seven  hundred  and  twen- 

ty-five dollars, 

2,725  00 

W.  Uridgewater, . 

Two  thousand  five  hundred  and  fifty 

dollars, 

2,550  00 

$79,600.00 

BARNSTABLE     COUNTY. 


Barnstable, . 

Six  thousand  two  hundred  dollars, 

$6,200  00 

Brewster,     . 

Two  thousand  one  hundred  dollars,     . 

2,100  00 

Chatham,     . 
Dennis, 
Eastham,     . 

Three  thousand  one  hundred  and  sev- 
enty-five dollars,       .... 

Three  thousand  four  hundred  and  fifty 
dollars, 

Seven  hundred  and  twenty-five  dollars. 

3,175  00 

3,450  00 
725  00 

Falmouth,    . 
Harwich,     . 

Three  thousand  seven  hundred  and  fifty 

dollars, 

Three  thousand  two  hundred  dollars,  . 

3,750  00 
3,200  00 

Orleans, 
Provincetown, 
Sandwich,    . 
Truro, 

One  thousand  seven  hundred  and  fifty 
dollars, 

Four  thousand  three  hundred  and  fifty 
dollars, 

Four  thousand  six  hundred  and  twenty- 
five  dollars, 

One  thousand  three  hundred  dollars,  . 

1,750  00 

4,350  00 

4,625  00 
1,300  00 

Wellfleet,     . 

Two  thousand  two  hundred  dollars. 

2,200  00 

Yarmouth,   . 

Three  thousand  eight  hundred  dollars. 

3,800  00 

$40,625  00 

1870.— Chapter  364. 

DUKES    COUNTY. 


281 

Dukes  County. 


Chilmark,     , 
Edgartown, 
Gosnold, 
Tisbury, 


Nine  hundred  and  fifty  dollars,  . 

Two  thousand  eight  hundred  and  twen- 
ty-five dollars,  .         .         .         . 
Two  hundred  and  seventy-five  dollars. 

One  thousand  nine  hundred  and  sev- 
enty-five dollars,      .        .        .        . 


1950  00 


2,825  00 
275  00 


1,975  00 


3,025  00 


NANTUCKET    COUNTY. 


Nantucket. 


Nantucket,  .         .     Six  thousand  and  seventy-five  dollars. 


3,075  00 


RECAPITULATION. 


Kecapitulation 
of  counties. 


Suffolk  County,  . 
Essex  County, 
Middlesex  County, 
Worcester  County, 
Hampshire  County, 
Hampden  County, 
Franklin  County, 
Berkshire  County, 
Norfolk  County,  . 
Bristol  County,    . 
Plymouth  County, 
Barnstable  County, 
Dukes  County,     . 
Nantucket  County, 


Nine  hundred  and  fifty-seven  thousand 
one  hundred  and  twenty-five  dollars, 

Two  hundred  and  thirty-eight  thousand 
one  hundred  and  twenty-five  dollars. 

Three  hundred  and  ninety-three  thou- 
sand and  twenty-five  dollars,  . 

Two  hundred  and  twenty-one  thousand 
seven  hundred  and  fifty  dollars, 

Fifty-four  thousand  eight  hundred  and 
fifty  dollars, 

Ninety  thousand  four  hundred  dollars, 

Thirty-seven  thousand  three  hundred 
and  seventy-five  dollars, .         .         . 

Seventy-five  thousand  two  hundred 
dollars,     ...... 

One  hundred  and  forty-seven  thousand 
four  hundred  and  fifty  dollars, 

One  hundred  fifty-two  thousand  three 
hundred  and  seventy-five  dollars,    . 

Seventy-nine  thousand  six  hundred 
dollars,    .         . 

Forty  thousand  six  hundred  and  twen- 
ty-five dollars,  .         .        .         . 

Six  thousand  and  twenty-five  dollars. 

Six  thousand  and  seventy-five  dollars. 


$957,125  00 

238,125  00 

393,025  00 

221,750  00 

54,850  00 
90,400  00 

37,375  00 

75,200  00 

147,450  00 

152,375  00 

79,600  00 

40,625  00 
6,025  00 

6,075  00 


12,500,000  00 


36 


282  ,  1870.— Chapter  365. 

Commonwealth      ^ECTiON  2.     The  treasurer  of  the   Commonwealth   shall 

to  issue  war-     forthwith  seiid  his  warrant,  with  a  copy  of  this  act,  directed 

•■*"*'  to  the  selectmen  or  assessors  of  each  city  or  town  taxed  as 

aforesaid,  requiring  them,  respectively,  to  assess  the  sum  so 

charged,  according  to  the  provisions  of  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. 

-to  require  SECTION  3.     The  treasurer,  iu  his  said  warrant,  shall  re- 

st?l8ctniGn  or  • 

assessors  to  quirc  tlic  Said  selectmen  or  assessors  to  pay,  or  to  issue  their 
to^dt^or  town  scvcral  Warrant  or  warrants  requiring  the  treasurers  of  their 
treasurers.  several  citics  or  towns  to  pay  to  the  treasurer  of  the  Com- 
monwealth, on  or  before  the  first  day  of  December,  in  the 
year  one  thousand  eight  hundred  and  seventy,  the  sums  set 
N.imesoftreas-  against  Said"  cities  or  towns  in  the  schedule  aforesaid;  and 

urers  and  sums    ,,  ,       .  ,•      i  ,     n  , 

required  to  be    tlic  selectmcu  Or  asscssors,  respectively,  shall  return  a  cer- 

returned.  tificatc  of  the  uamcs  of  such  treasurers,  with  the  sura  which 

each  may  be  required  to  collect,  to  the  said  treasurer  of  the 

Commonwealth,  at  some  time  before  the  first  day  of  October 

next. 

Treasurer  of  SECTION  4.     If  the  amouut  duc  from  any  city  or  town,  as 

Commonwealth  .,,.,.  .  .,  •'  p    i       r^ 

to  notify  deiiu-  provided  ui  this  act,  IS  not  paid  to  the  treasurer  ot  tlie  Com- 
town\reus°'^  monwcalth,  within  tiie  time  specified,  then  the  said  treasurer 
shall  notify  the  treasurer  of  said  delinquent  city  or  town, 
who  shall  pay  into  the  treasury  of  the  Commonwealth,  in 
addition  to  the  tax,  such  further  sum  as  would  be  equal  to 
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  war- 
rant 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  June  16,  1870. 

An  Act  to  incorporate  the  butchers  slaughtering  and  melt- 
ing ASSOCIATION  IN  BRIGHTON,  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  ifc,  as  follows : 

Corporators.  SECTION  1.     Horacc  W.  Baxter,  Horace  W.  Jordan,  and 

B.  Francis  Ricker,  their  associates  and  successors,  are  hereby 

Kameand  pur-  made  a  Corporation  by  the  name  of  the  Butchers  Slaughter- 

^°^^"  ing  and  Melting  Association,  to  be  located  in  the  town  of 


urers. 


Chap.  365 


1870.— Chapter  365.  283 

Brighton,  for  the  purpose  of  carrying  on  the  business  of 
buying  and  slaughtering  cattle,  sheep  and  other  animals, 
and  of  melting  and  "  rendering  "  establishments,  subject 
however  to  the  provisions  hereinafter  contained,  and  to  all 
general  laws  now,  or  that  may  hereafter  be  in  force  applica- 
ble to  such  corporations. 

Section  2.     Said  corporation  may  take  and  hold,  by  pur-  May  take  and 

,  ,,  .  K  ifii  i_  T  hold  such  land 

chase  or  otherwise,  such  parcel  oi  land,  not  exceednig  one  not  exceeding 
hundred  acres  in  extent,  and  situated  in  Brighton,  within  acrVs'^rs^Ttate 
two  miles  of  the  Cattle  Fair  Hotel,  as  the  state  board  of  ^^^^ifermine'! 
health  shall  by  vote  determine  to  be  suitable  for  the  carrying 
on  of  said  business  ;  and  said  corporation  shall  within  sixty  to  file  descrip- 
days  from  the  time  it  shall  take  any  land  otherwise  than  by  registry  of 
purchase,  file  in  the  office  of  the  registry  of  deeds  for  the  sLxty'dlys"" 
county  wherein  said  lands  lie,  a  description  thereof,  as  cer- 
tain as  is  required  in  a  common  conveyance  of  lands,  together 
with  a  statement  of  the  purpose  for  which  the  lands  are 
taken,  which  description  and  statement  shall  be  signed  by 
the  president  of  the  corporation. 

Section  3.     The  said  corporation  shall  be  liable  to  pay  all  Damages,  how 

1  ,    ^  .        to  06  (ISCGr- 

damages  that  shall  be  sustained  by  any  persons  in  their  tained,  &c. 
property  by  the  taking  of  any  land  for  the  purposes  of  this  act. 
Any  person,  who  shall  sustain  damages  as  aforesaid,  and 
who  sliall  not  agree  upon  the  damages  to  be  paid  therefor,  ^ 

may  apply  by  petition  for  the  assessment  of  his  damages,  at 
any  time  within  one  year  from  the  taking  of  said  land,  to 
the  superior  court,  in  the  county  in  which  said  land  is  situ- 
ate. Such  petition  may  be  filed  in  the  clerk's  office  of  said 
court,  in  vacation  or  in  term  time,  and  the  clerk  shall 
thereupon  issue  a  summons  to  said  corporation,  returnable, 
if  issued  in  vacation,  to  the  then  next  term  of  the  said 
court,  held  fourteen  days  at  least  after  the  issuing  of  said 
summons,  and  if  in  term  time,  returnable  on  such  day 
as  the  court  shall  order,  to  appear  and  answer  to  the  said 
petition  ;  the  said  summons  shall  be  served  fourteen  days  at 
least  before  the  return  day  thereof,  by  leaving  a  copy  thereof 
with  the  clerk  of  said  corporation,  and  upon  the  return  of 
said  summons  duly  served,  the  said  petition  shall  stand  as  a 
cause  in  said  court,  and  all  questions  of  fact  relating  to  the 
damages  sustained  by  the  petitioner  shall  be  heard  and  deter- 
mined, and  the  amount  of  such  damages  shall  be  assessed 
by  a  jury  of  said  court,  unless  the  parties  shall  in  writing 
waive  their  right  to  a  jury  trial  and  agree  that  the  question 
of  said  damages  shall  be  determined  by  the  court ;  and  the 
verdict  of  said  jury,  being  accepted  and  recorded  by  said 
court,  or  the  award  of  the  court,  if  jury  trial  shall  be  waived, 
shall  be  final  and  conclusive,  and  judgment  shall  be  reii- 


284 


1870.— Chapter  365. 


Buildings  to  be 
erected  and 
business  to  be 
carried  on  sub- 
ject to  the 
approval  of  the 
state  board  of 
health. 


Capital  stock 
and  shares. 


Board  of  health 
may  order  per- 
sons engaged  in 
slaughtering 
within  six  miles 
of  Faneuil  Hall 
to  slaugliter  up- 
on premises  of 
this  corpora- 
tion. 
Proviso. 


dered,  and  execution  issued  thereon,  and  costs  shall  be  re- 
covered by  the  petitioner  if  the  amount  of  said  judgment 
shall  exceed  the  amount  offered  him  for  his  damage  by  said , 
corporation  before  the  filing  of  said  petition  ;  otherwise  said 
corporation  shall  recover  its  costs. 

Section  4.  Said  corporation  shall  proceed  to  build  upon 
said  land  suitable  buildings  for  the  slaughtering  of  cattle, 
sheep  and  other  animals,  and  for  melting  and  rendering  pur- 
poses, and  all  necessary  stables  and  outbuildings.  But  no 
building  shall  be  erected  until  the  plans  thereof,  with  all 
details  of  construction,  shall  have  been  submitted  to  and  ap- 
proved by  said  state  board  of  health,  or  some  person  desig- 
nated by  said  board  to  examine  said  plans.  All  the  business 
of  said  corporation  shall  be  carried  on  in  accordance  with 
such  regulations  as  said  board  shall  from  time  to  time 
establish  and  furnish  in  writing  to  the  clerk  of  said  cor- 
poration, and  for  each  violation  of  any  one  of  said  regu- 
lations, said  corporation  shall  be  liable  to  a  fine  of  not 
less  than  twenty  nor  more  than  five  hundred  dollars,  to  be 
recovered  by  indictment  against  said  corporation.  Subject 
to  the  foregoing  provisions  said  corporation  may  manufac- 
ture and  sell  any  of  the  usual  products  of  said  slaughtering 
and  melting  business,  or  may  lease  or  permit  other  persons 
to  use  their  buildings  or  parts  thereof  on  such  terms  as  may 
be  agreed  upon.  And  each  member  of  said  corporation  shall 
have  the  right  to  slaughter  on  the  said  premises,  subject  to 
such  regulations  and  such  tariff  of  prices  as  said  corporation 
may,  by  vote  at  any  regular  meeting,  establish,  and  to  the  regu- 
lations of  the  said  board  of  health  as  aforesaid.  And  any  person 
engaged  in  slaughtering  or  other  business  on  the  premises  of 
said  corporation,  who  shall  violate  any  of  the  said  regulations 
of  said  board,  shall  be  liable  to  the  penalty  herein  before 
affixed  to  violations  thereof  by  said  corporation. 

Section  5.  The  capital  stock  of  said  corporation  shall 
consist  of  two  hundred  thousand  dollars,  to  be  divided  into 
shares  of  one  hundred  dollars  each,  and  said  corporation 
shall  not  take  any  land  as  herein  before  provided  or  com- 
mence business  until  the  sum  of  one  hundred  thousand  dol- 
lars at  least  shall  be  paid  in  in  cash. 

Section  6.  The  state  board  of  health  may,  if  in  their 
judgment  the  public  health  shall  require,  order  any  person 
at  any  time  engaged  in  the  business  of  slaughtering  within 
six  miles  of  the  Faneuil  Hall  Market  in  Boston,  and  not 
upon  any  island  in  the  harbor,  to  slaughter  his  cattle,  sheep 
or  other  animals,  upon  the  premises  of  said  corporation  : 
provided^  that  thirty  days'  notice  of  an  intention  to  pass 
such  an  order  shall  be  given  to  such  person  by  said  board,  and 


1870.— Chapters  366,  367.  285 

that  after  such  notice  is  given  such  person  shall  have  continu- 
ed to  conduct  his  business  in  such  a  manner  as  in  the  judgment 
of  the  board  is  injurious  to  the  public  health  ;  and  the  supreme  s.  j.  c.  may  en- 
judicial  court  or  any  justice  thereof  sitting  in  equity,  shall  boani°oV health. 
have  power  to  enforce  any  such  order  of  said  board  by  in- 
junction. And  whenever  said  board  shall  make  such 
order  as  aforesaid,  they  shall  also  fix  in  said  order  the 
price  per  head  which  said  party  so  served  with  said  order 
shall  pay  to  said  corporation  for  the  use  of  a  place  in  its  said 
building  for  slaughtering  as  aforesaid,  but  said  price  may  be 
fixed  as  a  certain  sum  of  money,  or  as  a  certain  portion  of 
the  animal,  with  its  blood  and  offal,  and  said  corporation  shall 
be  bound  to  permit  said  party  to  slaughter  on  its  premises 
on  the  terms  so  fixed  by  the  order  of  said  board,  unless  said 
corporation  and  said  party  shall  agree  upon  some  different 
terms.  Any  person  aggrieved  by  any  order  of  the  board  of  Eight  of  appeal. 
health  as  in  this  section  provided,  shall  have  the  right  to  ap- 
peal from  said  order  in  the  same  manner  and  with  the  same 
effect  as  such  right  is  now  given  in  chapter  twenty-six  of  the 
General  Statutes  to  a  person  aggrieved  by  an  order  of  a 
town  board  of  health,  prohibiting  the  carrying  on  of  offen- 
sive trades.  In  case  of  any  appeal  as  herein  provided,  the  Application  for 
application  for  a  jury  shall  be  made  to  the  superior  court  in  ipjea?.  *^**^  °^ 
the  county  wherein  the  party  prohibited  transacts  his  busi- 
ness, if  in  session  in  said  county,  or  in  vacation  to  any  jus- 
tice of  said  court.  Approved  June  16,  1870. 

An  Act  relati>'g  to  the  accounts  of  trustees.  pr        oac. 

Be  it  enacled,  §t.,  as  follows  :  "' 

Section  1     The  provisions  of  section  twelve  of  chapter  Trustees  ac- 
ninety-eight  of  the  General  Statutes,  shall  apply  to  trustees.  ma"be'opened. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  16,  1870. 
An  Act   to   authorize   the   providence   and  Worcester  rail-  ^t         oo'^ 

ROAD    company   TO    SUBSCRIBE    FOR    STOCK    OF    THE   NASHUA   AND    ^^^^«  0D7 
ROCHESTER   RAILROAD   COMPANY. 

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

Section  1.  The  Providence  and  Worcester  Railroad  Com-  Providence  and 
pany  may  subscribe  for  and  hold  shares  in  the' capital  stock  ro^i'' ml7  titi" 
of  the   Nashua   and    Rochester  Railroad   Companv   to  an  stock  in  Nashua 

unci  KocliGstGr 

amount  not  exceeding  one  hundred  thousand  dollars:  pro-  Kaiiroad com- 
vided,  that  said  Providence  and  Worcester  Railroad  Com-  rroviso. 
pany,  by  a  majority  vote  on  the  stock  represented,  at  a  meet- 
ing of  its  stockholders,  duly  called  for  the  purpose,  shall  vote 
so  to  do. 

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

Approved  June  16,  1870. 


286  1870.— Chapters  368,   369,  370. 

Chan  368  "^^  "^^^  ^^  addition  to  an  act  authorizing  the  extension  op 

J-  '  the    boston   and   ALBANY   RAILROAD    TO    DEEP   WATER   AT    SOUTH 

BOSTON,   AND   FOR    OTHER   PURPOSES. 

Be  it  enacted,  ^'c,  as  follows  : 
Provisions  of  SECTION  1.  Nothing  Contained  in  chapter  four  hundred 
exempt  Boston  and  sixtj-oue  of  the  acts  of  the  year  eighteen  hundred  and 
Kaiiita^dfrom  sixtj-uino,  shall  be  deemed  or  construed  to  exempt  the  Bos- 
om's! 63  "§§'19,  *°^^  ^"*^  Albany  Railroad  Company  from  any  of  the  require- 
20.  '  '  ments  or  provisions  of  sections  nineteen  and  twenty  of  chap- 
ter sixty-three  of  the  General  Statutes,  relative  to  the  taking 
of  land  or  materials  without  the  limits  of  its  road. 

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

Approved  June  16,  1870. 

Chat).  369    -^^   -^^^    ^^   relation    to    the    TAKING  OF    SHAD    IN    THE    CONNECTI- 
^'  CUT   RIVER. 

Be  it  enacted,  Sj'c,  as  follows  : 
Kklulu™^^  Section  1.  The  limitation  of  time  for  catching  shad  in 
Connecticut  tliG  Counccticut  Bivcr  in  this  state,  shall  hereafter  be  the 
same  as  that  now  fixed,  or  which  shall  hereafter  be  prescribed 
by  the  legislature  of  Connecticut  for  taking  shad  in  said 
river  in  that  state. 

Section  2.     All  acts  and  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

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

Approved  June  18,  1870 


Chat)    370    '^^  ^^^  ^^^  ^^^  APPOINTMENT   OF  COMMISSIONERS    OF    PRISONS  AN 
■*  *  FOR    THE   CLASSIFICATION   AND   BETTEK  DISCIPLINE    OF   PRISONERS 

Be  it  enacted,  Sfc,  as  follows  : 
Three  commis-       SECTION  1.     The  govcmor,  with  the  advice  and  consent  of 

sioiiGrs  01  tiris* 

onstobeap-  tlic  couiicil  shall  appoint  three  commissioners  of  prisons, 
|overm)r';^  *^^^  whoso  tcrms  of  office  shall  expire  as  provided  in  this  section. 
On  the  first  Wednesday  of  July  in  each  year,  the  term  of 
office  of  the  senior  member  of  the  board,  as  they  stand 
arranged  in  the  list  of  their  appointments,  shall  terminate, 
and  the  name  of  the  person  appointed  to  fill  the  vacancy 
shall  be  placed  at  the  bottom  of  the  list,  and  other  vacancies 
may  at  any  time  be  filled,  and  the  name  of  the  person  ap- 
pointed substituted  in  the  list  for  the  remainder  of  the  vacant 
term. 
—to  classify  SECTION  2.     The  commissioncrs  of  prisons  shall,  as  far  as 

jirnsTndho^uses  practicable,  classify  all  prisoners  held  under  sentence  in  all 
of  correction;     ^j^g  jg^jjg  jj^jj^j  houses  of  Correction  in  the  state,  or  that  may 
be  committed  thereto  at  any  time  hereafter,  having  reference 
to  sex,  age,  character,  condition  and  offences,  and  in  such  a 
manner  as  to  promote  the  reformation,  safe  custody,  and 


i 


1870.— Chapter  370.  287 

economy  of  support  of  the  prisoners,  and  the  separation  of  — *o  separate 
male  and  female  prisoners  ;  and  for  this  purpose  may  remove  JTrisoners  T™'^  ^ 
prisoners  from  one  jail  to  another  jail  hi  the  same  or  in  any  ^l^oL'r'sTJm 
other  county,  and  from  one  house  of  correction  to  another  one jaii,  &c.,  to 

,,  ''         .  ,  ,  1     1  .  ■.  .  another. 

m  the  same  or  ni  any  other  county,  and  the  said  prisoners 
shall  serve  the  remainder  of  their  terms  of  sentence  in  the 
prisons  to  which  they  shall  be  so  removed  from  time  to  time. 

Section  o.     All  warrants,  mittimuses,  processes  and  other  omciai  papers 
ofiicial  papers  or  attested  copies  thereof,  by  which  a  prisoner  oLTircom"^' 
is  committed,  shall  be  transferred,  at  the  time  of  the  removal  ™ansitiTed'at 
of  the  prisoner,  with  an  order  for  such  removal,  signed  by  ti"'^  of  ra- 
the  secretary  of  said  commissioners,  and  directed  to  the 
proper  officer,  to  make  such  removal,  indorsed  therein,  to 
the  prison  to  which  the  prisoner  is  removed,  there  to  be  kept 
in  the  same  manner  as  if  such  prisoner  was  originally  com- 
mitted thereto. 

Section  4.      The  supreme   judicial  court,   the   superior  courtsmaysen- 

„„       J.       „    „  •    •       1  T  i  ,  tence  prisoner 

court,  or  any  municipal  or  police  court,  may  sentence  any  to  any  county 
person  convicted  before  such  court  respectively,  of  an  offence  itL'tef'*'' ^"^  *^'^ 
punishable  by  imprisonment  in  the  jail  or  house  of  correc- 
tion, to  any  jail  or  house  of  correction  of  any  county  in  the 
Commonwealth.     And  the  jailer  or  master  or  keeper  of  the 
house  of  correction  or  jail  to  which  such  person  shall  be 
sentenced,  or  to  which  any  prisoner  may  be  removed  under       , 
this  act,  shall  receive  and  detain  such  person  or  prisoner  in 
the  same  manner  as  if  committed  by  any  court  sitting  in  the 
county  where  said  jail  or  house  of  correction  is  situated. 
There  shall  be  paid  to  the  county  to  which  any  person  or  Amount  to  be 
prisoner  may  be  sentenced  or  removed  from  any  other  county  From  whkh  "^^ 
by  virtue  of  this  act,  by  such  other  county,  such  sum  as  shall  ^ommuted^or 
be  agreed  upon  by  the  county  commissioners  of  said  coun-  transferred  to 
ties,  except  Suffolk,  and  in  that  county  by  the  board  of  direc-  by  cfunV  com^ 
tors  for  public  institutions  in  Boston,  and  in  case  said  com-  ""^^i°"*'''^- 
missioners,  or  board,  shall  not  be  able  to  agree  upon  the 
amount  to  be  paid,  representation  of  the  facts  may  be  made 
to  the  superior  court  sitting  in  any  county,  and  the  amount 
shall  be  determined  by  said  court. 

Section  5.  Any  officer,  authorized  to  serve  criminal  proc-  officer  author- 
esses, in  the  county  from  which  a  prisoner  is  sentenced,  or  crhn/nafproc- 
removed  under  the  provisions  of  this  act,  may  serve  the  counVm°y^^ 
process,  by  which  such  prisoner  is  committed,  or  removed  to  commit  in  coun- 

,  1  ,  ■*  '  ty  where  court 

any  other  county.  directs. 

Section  6.     AH  the  costs  and  expenses  of  the  removal  of  costs  of  re- 
any  prisoner  from  one  county  to  another,  shall  be  paid  by  paki^'by'^colnty 
the  county  from  which  such  prisoner  is  removed,  and  shall  pHsonerTs' 
be  taxed  and  allowed  in  the  same  manner  as  other  criminal  removed. 
costs  are  now  taxed  and  allowed. 


288  1870.— Chapter  370. 

Commissioners       SECTION  7.     The  commissioiiers  of  prisons  shall  from  time 

to  prepare  rules  .  ,  ,  .      .    ^  •  ,        ■   ■<        i 

for  government  to  time  prepare  rules  and  regulations  consistent  with  the 
jfct^toa°p°pro\"!i'  laws  of  the  state,  for  the  direction  of  the  officers  of  each  of 
andcofncu°°'  *^^^  J^^^^  °^  houscs  of  Correction  in  discharge  of  their  duty, 
the  government,  employment,  and  discipline  of  the  convicts, 
and  the  custody  and  preservation  of  the  public  property. 
And  they  shall  cause  authentic  copies  thereof  to  be  laid 
before  the  governor  and  council,  who  may  approve,  annul  or 
modify  the  same, 
—to  visit  jails,      Section  8.     The  commissioners  of  prisons  or  one  of  them, 
once  in  six        sliall  visit  all  the  jails  and  houses  of  correction  in  the  state 
that  ruleTarf^  oucc  in  six  mouths,  and  oftener  if  they  see  fit,  for  the  pur- 
observed.         pgse  of  inspecting  the  books  and  all  the  concerns  of  said 
jails  and  houses  of  correction,  and  ascertaining  whether  the 
laws,  rules  and  regulations  are  duly  observed,  the  officers 
competent  and  faithful,  and  the  convicts  properly  governed 
and  employed  ;  and  for  this  purpose  shall  have  all  the  pow- 
ers ill  respect  to  such  jails  and  houses  of  correction  that  the 
county  commissioners  or  the  directors  for  public  institutions 
in  the  city  of  Boston  now  have  as  inspectors  of  prisons  in 
their  several  counties. 
Eeports  of  jail-      SECTION  9.     All  the  reports  and  returns  now  required  by 
made  to  com-   law  to  be  made  by  the  jailers  of  the  jails,  by  the  masters  or 
keepers  of  the  houses  of  correction,  by  the  overseers  of  the 
houses  of  correction,  or  by  the  county  commissioners  in 
respect  to  jails  or  houses  of  correction,  or  by  the  directors  of 
public  institutions  in  the  city  of  Boston,  shall  hereafter  be 
made  to  the  commissioners  of  prisons,  and  said  jailers,  mas- 
ters or  keepers,  overseers,  county  commissioners  and  direc- 
tors, shall  continue  to  have  and  exercise  the  same  powers 
and  duties  in  reference  to  said  jails  and  houses  of  correction, 
except  so  far  as  is  otherwise  provided  in  this  act ;  but  they 
shall  not  make  any  rules  and  regulations  inconsistent  with 
the  rules  and  regulations  established  by  the  commissioners 
of  prisons  under  this  act. 
Three  women        SECTION  10.     The  govcmor,  witli  the  advice  and  consent 
a's  an^advisory  of  the  couiicil,  shall  appoiiit  thrcc   competent  women  as  an 
seeYs'^to°pri^o'i[s  advisoij  board  of  overseers  to  the  prisons  designated  under 
are"oimurued    ^^^^^  ^^^  ^^^  ^^^^  imprisonment  of  women,  and  the  terms  of 
office  of  said  advisory  board  shall  be  limited,  and  all  vacan- 
cies in  said  board  shall  be  filled  in  the  manner  prescribed  in 
the  second  section  of  this  act  for  limiting  the  offices  and 
filling  vacancies  in   the  board  of  commissioners  of  prisons. 
The  advisory  board  or  some  one  of  them,  shall  visit  each  of 
said  prisons  at  least  once  a  month,  and  shall  have  the  same 
power  to  visit  and  inspect  such  prisons  and  to  examine  into 


missioners. 


1876.— Chapters  371,  372.  289 

everything  relating  to  the  same  as  inspectors  of  prisons  by 
law  now  have,  and  they  shall  make  quarterly  reports  to  the 
commissioners  of  prisons,  with  such  suggestions  and  recom- 
mendations as  they  shall  deem  expedient  and  proper. 

tSECTiON  11,     The  commissioners  of  prisons  shall  elect  a  commissioners 

lo  doct  secret  A* 

secretary,  who  shall  when  elected  be  a  member  of  the  board,  ry,whoshaiibe 
and  shall  be  their  executive  officer,  and  shall  hold  his  office  boTrdaud*exec. 
for  three  years,  unless  sooner  removed  by  the  board.     He  "^ive  officer; 
shall  perform  or  superintend  the  work  prescribed  in  this  act, 
and  such  other  duties  as  the  commissioners  may  require. 
He  shall  receive  from  the  treasury  an  annual  salary,  payable 
in  the  manner  prescribed  by  law,  of  two  thousand  dollars, 
and  his  necessary  travelling  expenses  incurred  in  the  per- 
formance of  his   official   duties.     No  other  member  of  the 
board    of  commissioners   of  prisons,  except   the   secretary, 
shall  receive   any   compensation,  but  the   actual   personal 
expenses  of  any  member,  while  engaged  in  his  official  duties, 
shall  be  allowed  and  paid. 

Section  12.  The  commissioners  of  prisons  shall  annually  -to  make  an- 
prepare  and  print  for  the  use  of  the  legislature,  a  full  and  tb'e  ie|fshitun;. 
complete  report  of  their  doings  during  the  year  preceding, 
stating  fully  and  in  detail,  all  expenses  incurred,  and  show- 
ing the  actual  condition  of  the  jails  and  houses  of  correction 
in  all  the  counties  of  the  state,  with  such  suggestions  and 
recommendations  as  they  may  deem  proper. 

Approved  June  18,  1870. 

An  Act  to  amend  chapter   xixety-two    of    the  acts   of   the  QJkiy),  371 

year    eighteen    hundred  and   seventy,  relating   to  desti-  -^  ' 

tute  children. 
Be  it  enacted,  Sfc,  as  follows  : 

Section  1.     Section  two  of  chapter  ninety-two  of  the  acts  Amendment  to 
of  the  year  eighteen  hundred  and  seventy  is  hereby  amended     '  '  ~ 
by  striking  out  the  word  "  fortieth "  in  the  eleventh  line, 
and  inserting  instead  thereof  the  word  "  fourth." 

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

Approved  June  18,  1870. 
An  Act  to  require   railroad    trains    to    be  furnished  with  />7,-,^   '^79 

CERTAIN    TOOLS   AND   APPLIANCES.  ^fKfp.  O  IZ 

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

Section  1.     Every  passenger,  freight  and  mixed  train  run  Railroad  train? 
upon  any  railroad  in  this  Commonwealth,  shall  be  furnished  with%ct^'"^^ 
with  two  guide-plates,  two  jackscrews,  two  traversing  jack-  1^^*^^*'  ^^®^' 
screws,  two  crow-bars,  one  pinch-bar,  one  claw-bar,  one  spike 
hammer,  two  sharp  axes,  and  chains,  ropes  and  blocks  suit- 
able for  hauling  engines  and  cars. 

37 


290 


1870.— Chapters  373,  374. 


Penalty  on  cor-  SECTION  2.  If  any  railroad  corporation  shall  run  or  per- 
Eegiect"&c!  mit  to  be  run,  any  passenger,  freight  or  mixed  train  which 
shall  not  be  furnished  with  and  carry  the  tools  and  appli- 
ances mentioned  in  section  one,  such  corporation  shall  forfeit 
to  the  Commonwealth  the  sum  of  one  hundred  dollars  ;  and 
if  any  locomotive  or  any  car  or  cars  which  may  be  attached 
thereto,  composing  a  passenger,  freight  or  mixed  train,  shall 
by  any  accident  be  thrown  from  the  track  on  which  the  same 
is  or  are  running,  and  said  train  shall  not  at  the  time  of 
such  accident  be  furnished  with  and  carry  the  tools  and 
appliances  mentioned  in  section  one,  the  corporation  in 
whose  control  such  train  shall  be  at  the  time  of  such  acci- 
dent, shall  forfeit  to  the  Commonwealth  the  sum  of  five 
hundred  dollars.  It  shall  be  the  duty  of  the  railroad  com- 
missioners to  see  that  this  act  is  complied  with,  and  the 
attorney-general  shall  sue  for  any  forfeiture  incurred  under 
its  provisions.  Approved  June  18,  1870. 

Chap.  373  -^^  ^^^  ^^  relation  to  the   distribution   of   unclaimed  por- 

"'  TIONS    OF   THE    PERSONAL   ESTATES    OF    DECEASED    PERSONS. 

Be  it  enacted,  ^'c,  as  follows  : 

Chapter  two  hundred  and  eighty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-eight  is  hereby  amended 
by  substituting  two  years  instead  of  five  years. 

Approved  June  18,  1870. 


Amendment  to 

1868,  2S8. 


Chap.  374 


Portion  of 
Brookline 
annexed  to 
Boston. 


An  Act  to   annex 


A  PORTION  or  the  TOWN 
THE  CITY  OF  BOSTON. 


OF  BROOKLINE  TO 


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

Section  1.  That  part  of  the  town  of  Brookline  contained 
within  the  line  described  as  follows :  beginning  at  a  point 
in  the  centre  of  the  channel  of  Charles  River  o'n  the  bound- 
ary line  between  the  town  of  Brookline  and  the  city  of  Cam- 
bridge, where  the  westerly  line  of  St.  Mary's  Street,  in  the 
town  of  Brookline,  extended  in  a  northerly  direction,  would 
intersect  the  said  boundary  line  ;  thence  running  southwardly 
by  the  westerly  line  of  said  St.  Mary's  Street  extended  to  the 
southerly  line  of  Brighton  Avenue  ;  thence  continuing  in  the 
same  direction  by  the  westerly  line  of  St.  Mary's  Street,  to 
the  northerly  line  of  Ivy  Street ;  thence  turning  a  little  and 
running  south-easterly  by  the  south-westerly  line  of  St  Mary's 
Street,  and  by  the  continuation  of  the  same  to  the  present 
boundary  line  between  Boston  and  Brookline  in  the  centre  of 
the  channel  of  Muddy  River;  thence  easterly  following  said 
boundary  line  to  the  present  boundary  line  in  the  centre  of 
the  channel  of  Charles  River ;  thence  by  the  centre  of  said 
■channel  of  Charles  River  to  the  point  of  beginning, — with 


1870.— Chapter  375.  291 

all  tlie  inhabitants  and  estates  therein,  is  hereby  set  off  from 
the  town  of  Brookline  and  annexed  to  the  city  of  Boston, 
and  shall  constitute  a  part  of  the  sixth  ward  thereof,  until  a  To  constitute  a 
new  division  of  wards  shall  be  made  ;  and  such  territory  so  wYrdVEos'ton 
annexed  shall  form  part  of  the  coiftity  of  Suffolk:  provided,  '^ll^'^^f/^f^ 
that  the  said  territory  and  the  inhabitants  thereon,  set  off  as  ^^^^}^- 
aforesaid,  shall  be  liolden  to  pay  all  such  taxes  as  are  already 
assessed  or  ordered  to  be  assessed  by  said  town  of  Brookline 
for  the  present  year,  in  the  same  manner  as  if  this  act  had 
not  been  passed  ;  and  provided,  further,  that  all  paupers  who 
have  gained  a  settlement  in  said  town  of  Brookline,  by  a  set- 
tlement gained  or  derived  within  said  territory,  shall  be  re- 
lieved or  supported  by  said  city  of  Boston,  in  the  same  man- 
ner as  if  they  had  a  legal  settlement  in  said  city  of  Boston. 

Section  2.  The  said  inhabitants  hereby  set  off  to  the  city  inhabitants  set 
of  Boston  shall  continue  to  be  a  part  of  Brookline  for  the  part*°ot'°i"!iror. 
purpose  of  electing  state  officers  and  members  of  the  execu-  Ita^g  ami  n*"!!!"^ 
tive   council,  senators   and  representatives   to   the  general  tionai  offlceVs 

„„,  ,^-  ,  11.  />-i,    until  ni  xt  cen- 

court,  representatives  to  congress,  and  electors  or  president  sus,  &c. 
and  vice-president  of  the  United  States,  until  the  next  decen- 
nial census  shall  be  taken,  or  until  another  apportionment 
shall  be  made ;  and  it  shall  be  the  duty  of  the  board  of  al- 
dermen of  said  city  of  Boston  to  make  a  true  list  of  the  per- 
sons residing  on  the  territory  hereby  annexed  to  said  city, 
qualified  to  vote  at  such  elections,  and  post  up  the  same  in 
said  territory,  and  correct  the  same  as  required  by  law,  and 
deliver  the  same  to  the  selectmen  of  said  town  of  Brookline, 
seven  days  at  least  before  any  such  election  ;  and  the  same 
shall  be  taken  and  used  by  the  selectmen  of  Brookline  for 
such  election,  in  the  same  manner  as  if  it  had  been  prepared 
by  themselves. 

Section  3.  This  act  shall  not  be  construed  to  divest  or  de-  Rigbtsof  drain- 
prive  the  town  of  Brookline  of  any  legal  rights  of  drainage  ''s*''*'**"*^'^*''^'''^- 
which  it  now  possesses. 

Section  i.   This  act  shall  not  take  effect  until  accepted  by  subject  to  ac- 
the  city  council  of  Boston.  Approved  June  18, 1870.      coundf  of^Bos^ 


Chap.  375 


An  Act  in  relation  to  building  with  stone  or  brick  in  pop- 
ulous  TOWNS,   AND   FOR   PREVENTING  FIRE. 

Be  it  enacted,  ^c,  as  follows: 

Section  1.     No   dwelling-house,  shop,  warehouse,  barn,  Nodweiiing- 
stable,  or  any  other  structure  of  more  than  eight  feet  in  cept^buitt'^o/^" 
length  or  breadth,  and  seven  feet  in  height,  shall  be  erected  jtone,  &c,to 

.      .  o      7  jhjg  6rGct6?d  if 

and  set  up  within  such  limits  of  any  town  of  this  Common-  town  so  deter- 
wealth,  as  said  town  may  from  time  to  time  determine,  but  '^*"®®- 
of  stone,  brick,  or  other  incombustible  material,  and  covered 


292  1870.— Chapters  376,  377. 

with  slate,  tin,  tile,  or  other  iiiGombustible  material,  unless 
in  particular  cases  where  the  public  good  permits  or  necessity 
requires,  to  be  so  judged  and  signified  in  writing,  by  license, 
under  the  hands  of  the  selectmen  of  said  town,  or  a  major 
Proviso.  part  of  them  :  provided^  Vtns  shall  not  apply  to  any  detached 

house,  shop,  stable,  barn  or  structure  which  is  located  more 
than  a  hundred  feet  from  any  other  house,  barn,  shop,  stable 
or  warehouse,  nor  to  wooden  structures  erected  upon  wharves 
of  wood, 
nuiidingun-  SECTION  2.     Any   such   building   or   structure   hereafter 

edto'burteemf'ci  crcctcd  without  Hceuse  duly  granted  by  the  selectmen,  and 
an cT™""^  ""'*  recorded  in  the  records  of  the  town  where  the  same  is  erect- 
ed, shall  be  deemed  and  taken  to  be  a  common  nuisance, 
without  any  other  proof  thereof  than  proof  of  its  use.     And 
the  selectmen  of  any  town  shall  have  the  same  power  to  abate 
and  remove  any  building  or  structure  mentioned  in  section 
one,  erected  contrary  to  the  provisions  of  this  act,  as  boards 
of  health  have  to  remove  nuisances  by  sections  eight,  nine 
and  ten  of  chapter  twenty-six  of  the  General  Statutes. 
Subject  to  adop-      SECTION  3.     This  act  shall  not  be  in  force  in  any  town  un- 
iuhabitants.      Icss  the  inhabitants  thereof  shall  adopt  the  same  at  a  legal 
meeting  of  said  inhabitants  called  for  that  purpose. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  18,  1870. 

Chan  376  ^^  ^^^  ^^  amend  chapter  one   hundred  and   ninety  of  the 
^  *  acts  of  the  year  eighteen  hundred  and  sixty-three,  con- 

cerning fence  viewers. 
Be  it  enacted,  §"c.,  as  folloios : 
Amendment  to      SECTION  1.    Scctiou  ouo  of  chapter  ouc  hundred  and  ninety 
1803, 190,  §  1.      ^|.  ^j^g  ^^^g  ^^  ^l^g  yg^^  eighteen  hundred  and  sixty-three,  is 

hereby  amended  by  striking  out  the  words  "  section  ten." 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  18,  1870. 


Ckap.311 


An  Act   in    addition    to    an    act    to    establish   the   boston 
water-power  company. 

Be  it  enacted,  i'c,  as  foUoivs  : 

May  hold  SECTION  1.    lu  addition  to  the  real  estate  and  water  power 

^mX^eafes-    which  the  Bostou  Water-Power  Company  is  now  authorized 

*^te.  iQ  hold,  the  said  company  may  hold  real  estate  in  Boston, 

near  and  adjoining  its  present  lands,  not  exceeding  the  value 

of  five  hundred  thousand  dollars  at  the  time  of  the  purchase 

thereof. 

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

Approved  June  18,  1870. 


1870.— Chapters  378,  379.  293 

An  Act    concerning    the  old  colony  and    Newport    and    the  Qfiap.  378 

GRANITE    RAILWAY    COMPANIES. 

Be  it  enacted,  §'c.,  asfulloics: 

Section  1.     lu  case  the  Old  Colony  and  Newport  Railway  o;ci  coionyand 
^  in  1  1        1  ..^p,  Newport  Rail- 

Company  shall  purchase,  under  the    provisions  or  chapter  road  may 

two  hundred  and  thirty-two  of  the  acts  of  the  year  eigh-  Ramvaylnt*^ 
teen  hundred  and  forty-six  or  chapter  eighty-four  of  the  acts  f^^^^^^^^^^^ 
of  the  year  eighteen  hundred  and  forty-eight,  the  railroad 
and  franchises  of  the  Granite  Railway  Company,  it  is  hereby 
authorized  to  widen  and  straighten  the  location  of  said  Gran- 
ite Railway,  so  far  as  it  may  be  necessary,  to  construct  and 
operate  a  suitable  and  convenient  railroad  from  Belknap 
Square,  so  called,  in  the  west  district  of  Quincy,  to  a  point 
of  connection  with  the  Mount  Hope  Branch  of  said  Old  Col- 
ony and  Newport  Railway,  or  with  the  Dorchester  and  Milton 
Branch  Railroad  ;   and  for  that  purpose  may  purchase  or  —may  take 
otherwise  take  such  land  and  materials  as  the  board  of  rail-  necessary; 
road  commissioners,  upon  due  examination,  shall  find  to  be 
necessary. 

Section  2.    Said  company  shall  file  a  description,  approved  — tofiiedesmp- 
and  endorsed  by  the  board  of  railroad  commissioners,  of  the  taken; 
location  of  any  land  purchased  or  otherwise  taken,  under 
authority  of  this  act,  with  the  commissioners  of  the  county 
in  which  the  same  lies,  within  six  months  from  such  purchase 
or  taking. 

Section  3.    Said  company  shall  pay  all  damages  occasioned  —to  payaii 

QjiiTitiirc'S  for 

by  the  widening  and  straightening  and  the  taking  of  any  land  widening  and 
or  materials  as  herein  authorized  ;  and  all  the  provisions  of  roadf'^'*^^"° 
the  general  laws  applicable  to  damages  occasioned  by  any- 
thing done  under  authority  of  section  nineteen  of  chapter 
sixty-three  of  the  General  Statutes  shall  be  applicable  to 
damages  occasioned  by  anything  done  under  authority  of 
this  act. 

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

Approved  June  18,  1870. 

An  Act  concerning  the  Plymouth  and  vineyard  sound  rail-  Hhfjr^  S7Q 
road  company.  jJ,o  ktf 

Be  it  enacted,  ifc,  as  follows  : 

Section  1.     Chapter  one  hundred  and  ninety-six  of  the  charter  revived 
acts  of  the  year  eighteen  liundred  and  sixty-one,  and  chapter  isei, ''^m j'Tses", 
one  hundred  and  twenty-two  of  the  acts  of  the  year  eighteen  ^~^- 
hundred  and  sixty-eight,  are  hereby  revived  and  confirmed : 
provided,  said  corporation  shall  file  the  location  of  the  rail-  Proviso. 
road  authorized  by  the  first  mentioned  act  within  two  years, 
and  complete  the  construction  thereof  within  four  years  from 
the  passage  of  this  act. 


294  1870.— Chapter  379. 

riymouth  aud        SECTION  2.     The  Plymouth  and  Vineyard  Sound  Railroad 
soumuiaiiroad  Company  is  hereby  authorized  to  construct,  by  sections,  the 
stfuet'ed'^by       Toad  authorized  by  the  said  acts ;  the  first  section  to  corn- 
sections;  prise  the  road  authorized  by  the  act  first  mentioned,  with  the 
wharves  authorized  by  the  second  act  mentioned  ;  the  second 
section  to  comprise  the  extension  of  said  road  authorized  by 
the  second  act  mentioned  ;  and  the  location  of  said  second 
section  may  be  filed  at  any  time  within  three  years,  and  the 
construction  thereof  completed  at  any  time  within  five  years 
from  the  passage  of  this  act. 
—may  sell  fran-      SECTION  3.     The  Plymouth  and  Vineyard  Sound  Railroad 
capt'cod'or''      Company  is  hereby  authorized  and  empowered  to  transfer  its 
Ncnvpon'Ran"*^  charter,  franchise,  property,  rights  and  privileges,  so  far  as 
roads.             relates  to  the  first  section  of  said  road,  or  so  far  as  relates  to 
the  second  section  of  said  road,  or  both  of  them,  to  the  Cape 
Cod  Railroad  Company  or  to  the  Old  Colony  and  Newport 
Railway  Company,  whenever  a  mutual  arrangement  may  be 
made  to  that  eifect ;  and  the  said  Cape  Cod  Railroad  Com- 
pany, and  said  Old  Colony  and  Newport  Railway  Company 
are  hereby  respectively  authorized  to  accept  and  receive  such 
transfer  of  said  franchise  and  other  rights,  in  whole  or  in 
part,  whenever  mutually  agreed  upon,  and  thereafter  to  hold 
the  same,  and  to  construct  and  maintain  the  railroad  and 
wharves,  or  either  section  thereof,  in  the  same  manner,  and 
with  the  same  rights  and  privileges,  and  subject  to  the  same 
liabilities  and  restrictions  as  are  provided  in  the  before  men- 
tioned acts  hereby  revived,  and  in  this  act :  provided^  how- 
ever^ that  the  Cape  Cod  Railroad  Company,  or  the  Old  Col- 
ony and  Newport  Railway  Company,  if  receiving  such  trans- 
fer, shall  file  the  location  of  the  said  railroad,  or  that  section 
thereof  of  which  the  franchise  is  so  transferred,  within  two 
years,  and  construct  the  same  within  four  years  from  the 
passage  of  this  act. 
If  transfer  is  SECTION  4.    The  provisious  of  scctious  fivc  and  six  of  chap- 
^sions^of  1868,  ^^^  ^uc  hundred  and  twenty-two  of  the  acts  of  the  year 
a^~'i  ^to  wm  ^'^  eighteen  hundred  and  sixty-eight,  if  the  transfer,  in  whole  or 
pany  receiving   in  part,  hereby  authorized,  shall  be  made  to  the  Cape  Cod 
Railroad  Company,  or  the  Old  Colony  and  Newport  Railway 
Company,  either  or  both  of  them,  shall  apply  to  the  taking 
of  stock  in  the  company  or  companies  receiving  such  trans- 
fer, and  to  representing  and  voting  on  the  same,  in  the  meet- 
ings of  such  company  or  companies,  in  the  same  manner,  and 
with  the  same  effect  as  they  apply  to  the  said  Plymouth  and 
Vineyard  Sound  Railroad  Company. 


1870.— Chapters  380,  381.  295 

Sections.     On  receiving  the  transfer  authorized  by  sec- on receiving 
tion  three  of  this  act,  the  Cape  Cod  Railroad  Company,  or  sections,  capi- 
the  Old  Colony  and  Newport  Railway  Company,  is  authorized  beSucre^s'^d^ 
to  increase  its  capital  stock  by  an  amount  not  exceeding  seven  ^'oo.ooo; 
hundred  thousand  dollars,  in  case  it  shall  receive  a  transfer 
of  the  whole  of  said  franchise;  and  to  an  amount  not  ex — ifonesection, 
ceeding  three  hundred  and  fifty  thousand  dollars,  in  case  it  ^^*^'^- 
shall  receive  a  transfer  of  the  franchise  for  one  section  of  said 
road. 

Section  6.     Section  eight  of  chapter  one  hundred  and  Repeal, 
twenty-two  of  the  acts  of  the   year  eighteen  hundred  and 
sixty-eight  is  hereby  repealed. 
•  Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  18,  1870. 
Ax  Act    establishing   the    salaries    of    the    seceetaey    and  Chan  "^80 

AUDITOR    OF    THE   COMMONWEALTH.  ^' 

Be  it  enacted,  ^"c,  as  follows  : 

Section  1.     The  salaries  of  the  secretary  and  auditor  of  salaries  of  see- 
the Commonwealth,  shall  be  three  thousand  five  hundred  dUorWd^af"' 
dollars  each  per  year,  from  the  first  of  January  of  the  cur-  fnu^^*^'" 
rent  year. 

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

Approved  June  20,  1870. 
An  Act  in  further  addition  to  an  act  in  relation  to  a  free  fyi         qo-i 

BRIDGE  across  THE  CONNECTICUT  RIVER,  BETWEEN   HOLYOKE  AND    ^"^i^-  "O-*- 
SOUTH   HADLEY. 

Be  it  enacted,  Sfc,  as  follows: 

Section  1.     If  for  the  purpose  of  constructing  a  bridge,  county  com- 
with   suitable    approaches  thereto,  across   the    Connecticut  take\and"o?*^ 
River  between  Holyoke  and  South  Hadley,  according  to  the  bH^*^"' bl'tween 
provisions  of  chapter  one  hundred  and  eighty-two  of  the  acts  uoiyoke  and 
of  the  year  eighteen  hundred  and  seventy,  the  county  com-  "°"^     ^  ^^' 
missioners  of  the  counties  of  Hampden  and  Hampshire  deem 
it  necessary  to  take  and  appropriate  the  property  of  private 
owners,  said  commissioners  are  hereby  authorized  to  enter 
upon  and  appropriate  any  lands  or  other  property  in  Holyoke 
or  South  Hadley,  conveniently  situated  for  the  purposes  re- 
quired. 

Section  2.    Said  commissioners,  before  entering  upon  said  — totiiein 
lands  or  property  for  the  purpose  of  constructing  said  bridge  j'ocation^r 
and  approaches,  shall  file  in  the  clerk's  office  of  the  county  bridge  and 
where  the  lands  lie,  a  report  and  survey  showing  the  location  take"*' yso*^*^ 
of  so  much  of  said  bridge  and  approaches  as  lie  within  said  dam^|el°^ 
county,  together  with  the  quantity  of  every  owner's  land 
taken  for  the  purposes  aforesaid ;  also  such  estimate  of  dam- 


296  1870.— Chapters  382,   383,  384. 

ages  as  said  commissioners,  after  a  hearing  of  the  parties, 
shall  award  for  lands  and  property  so  necessarily  taken  and 
appropriated  for  the  proper  construction  of  said  bridge  and 
approaches. 
Party  aggrieved  SECTION  3.  Any  party  aggrieved  by  the  assessment  of  dam- 
may  apply  for  a  ^^^^  ^^  ^^.^  commissioncrs,  may  make  application  for  a  jury 
of  the  county  where  the  lands  lie,  to  revise  and  re-assess  his 
damages  ;  and  all  proceedings  in  relation  thereto,  shall  be  in 
accordance  with  the  provisions  of  chapter  forty-three  of  the 
General  Statutes. 

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

Approved  June  21,  1870. 
Chap.  382  -^^  ■^'^'^    "^^   prohibit   the   taking  of  black  bass   in  lake  co- 

-^  *  CHITUATE. 

Be  it  enacted,  &i'c.,  as  follows: 
Penalty  for  Whocvcr  catchcs,  takcs  or  destroys  any  black  bass  in  the 

bass"^  ^*^  waters  of  Lake  Cochituate  in  the  towns  of  Natick,  Wayland 
or  Framingham  in  the  county  of  Middlesex,  shall  forfeit  for 
each  offence  not  less  than  ten  nor  more  than  fifty  dollars. 

Approved  June  21,  1870. 

Chan    383    ^    ^^^   ^^    addition     to   an   act     concerning     the     RETURNS     OF 
■^'  RAILROAD   CORPORATIONS,   AND   FOR   OTHER   PURPOSES. 

Be  it  enacted,  Sfc.,  as  follows : 
1870, 307,  to  ap-      SECTION  1.     Chapter  three  hundred  and  seven  of  the  acts 
raiways?*^       of  the  curreiit  year  shall  apply  to  street  railway  corporations. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  21,  1870. 

ChaV     384   ^^    -^^^     relating     to     the     EXPENSES     AND     INCOME    OF    CERTAIN 
^'  STATE    INSTITUTIONS. 

Be  it  enacted,  S^-c,  as  follows : 
Advances  may  From  the  appropriations  for  expenses  of  the  state  prison, 
appropriations  of  the  statc  almsliouscs  at  Tewksbury,  Bridgewater  and  Mon- 
state'aiml*  °^  SOU,  and  of  the  reform  school  for  boys  at  Westborough,  of 
houses,  &c.  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 
Sums  received  auditor  in  tlic  monthly  settlements  of  said  institutions;  and 
inmates,"&c°to  all  suiiis  rcccived  by  said  institutions  from  cities,  towns  or 
tr*easury  qu°ar-  individuals,  for  the  support  of  inmates,  or  for  articles  sold, 
teriy.  shall  be  paid  into  the  treasury  of  the  Commonwealth,  quar- 

terly. Approved  June  21,  1870. 


1870.— Chapters  385,  386,  387.  297 

Ax  Act    to    amend  the   charter   of    the   naumkeag   mutual  (JJi^n^  385 

FIRE   INSURANCE   COMPANY   OF    SALEM.  ^' 

Be  it  enacted,  Sfc,  as  foUoics : 

Section  1.    Section  two  of  chapter  four  Imndred  and  thirty  ^,^p|^\  °^  ^^69, 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-nine  is    ' ' 
hereby  repealed. 

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

Approved  June  21,  1870. 
An  Act  to  authorize  a  connection   between  the  Lexington  Qfiap^  386 

AND   ARLINGTON   BRANCH   OF    THE    BOSTON  AND   LOWELL  RAILROAD  ^ 

corporation   with    THE    MAIN   LINE    OF    SAID    CORPORATION. 

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

Section  1.     The  Boston  and  Lowell  Railroad  Corporation  i^oston  and 
is  hereby  authorized  to  locate,  construct,  maintain  and  oper-  road  may  con- 
ate  a  branch  railroad,  to  connect  its  main  railroad  with  the  roaTto'^connect 
Lexington  and  Arlington  branch  of  said  Boston  and  Lowell  aVJJi"'^,!ifn"fon" 
Railroad  Corporation.     The  branch  hereby  authorized  to  be  Branch, 
constructed  shall  commence  on  the  main  railroad  of  said  cor- 
poration, between  the  arch  bridge  near  Somerville  Centre 
station  and  the  bridge  over  Harvard  Street  in  Medford,  and 
extend  westerly,  upon  the  route  deemed  most  feasible,  to  the 
Lexington  and  Arlington  branch  aforesaid,  between  Alewife 
brook  and  the  Pond  street  station  in  Arlington,  with  the 
right  to  connect  said  main  railroad  and  said  Lexington  and 
Arlington  branch  in  either  and  both  directions. 

Section  2.    The  crossings  of  highways  by  the  branch  here-  crossings  of 
by  authorized  to  be  constructed  shall  be  at  grade,  properly  at"gr"drun*iess 
guarded  and  protected  according  to  law,  unless  a  different  dta'ed  brrau- 
mode  of  crossing;  shall  be  ordered  by  the  board  of  railroad  J?ad  commis- 

"  •'  sioners. 

commissioners. 

Section  3.    This  act  shall  take  effect  upon  its  passage,  and  to  be  con. 
shall  be  void  unless  the  branch  hereby  authorized  shall  be  twryears!^*^"^ 
constructed  within  two  years  from  the  passage  of  this  act. 

Approved  June  21,  1870. 


Chap.  387 


An  Act  to  revive  the  charter  of  the  lee  and  new  haven 
railroad  company  and  for  other  purposes. 

Be  it  enacted,  ^'c,  as  follows : 

Section  1.     All  acts  and  parts  of  acts  relating  to  the  Lee  charter  revived 
and  New  Haven  Railroad  Company,  which  were  in  force  on  constTOction 
the  first  day  of  April  in  the  present  year,  are  hereby  revived  extended. 
and  continued  in  force  ;  and  the  time  for  the  construction  of 
the  railroad  of  said  company  is  hereby  extended  to  the  fifth 
day  of  June,  in  the  year  eighteen  hundred  and  seventy-two. 

38 


Chap.  388 


terminate. 


298  1870.— Chapters   388,  389. 

Associate  cor-  SECTION  2.  Samuel  W.  Bowei'man,  John  C.  "West,  William 
poia  ors.  jj  jj.^j^  Clilford  0.  Holcomb,  Norman  Strickland  and  Albert 

Hull,  are  hereby  made  associate  corporators  in  said  company. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  21,  1870. 

An  Act  relating  to  special  allowances  of  state  aid. 
Be  it  enacted,  §'c.,  asfollnios : 
Special  allow-        AH  allowaiiccs  of  statc  aid  by  special  act  or  resolve  shall 

ances  for  state    ,  ...  ,  •,i.i  ••  r      ^         , 

aid.  when  to      terminate  in  accordance  with  the  provisions  or  chapter  one 

X         ..         hundred  and  seventy-two  of  the  acts  of  the  year  eighteen 

hundred  and  sixty-six,  or  any  other  act  amendatory  thereof. 

Approved  June  21,  1870. 

Chap.  389  ^^  "^^^  ^^  addition  to  "an  act  concerning  the  manufacture 

■*   *  AND    sale    of    intoxicating    LIQUORS." 

Be  it  enacted,  ^'c,  as  follows  : 

Amendment  to      SECTION  1.     Scction  scvcu  of  chapter  four  hundred  and 

1S69   415 

fifteen  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
nine  is  hereby  amended  by  striking  therefrom  the  words,  "  or 
under  his  direction,"  and  section  twenty-six  of  said  chapter 
is  hereby  amended  by  striking  therefrom  the  words  "  three 
months,"  and  inserting  instead  thereof  the  words,  "  six 
months ; "  and  section  thirty  of  said  chapter  is  hereby  amended 
by  striking  therefrom  "  ale,  porter,  strong  beer,  lager  bier," 
and  section  seven  of  said  chapter  is  hereby  amended  by  in- 
serting after  "  October  "  the  words  "  and  during  his  continu- 
ance in  office  as  such  commissioner  he  shall  engage  in  no 
other  business." 
Malt  liquors  SECTION  2.     Any  pcrsou  may  manufacture  or  sell,  or  keep 

factured°and^  for  Sale  ale,  portcr,  strong  beer,  lager  bier  ;  but  nothing  here- 
soid.  jj^  contained  shall  authorize  any  person  to  sell  ale,  porter, 

strong  beer,  lager  bier  during  any  part  of  the  Lord's  day. 
Cities  and  SECTION  3.     The  inhabitants  of  any  city  or  town  may  on 

annuli^^hlt**^  the  first  Tucsday  of  July  next,  and  thereafter  on  the  first 
shall  not  be  Tucsday  in  May  annually,  vote  that  no  person  shall  be  allowed 
sold.  to  sell  ale,  porter,  strong  beer,  lager  bier,  in  which  case  the 

sale  of  such  liquors  in  such  city  or  town  is  prohibited. 
Drug-gists  may       SECTION  4.     The  mayor  and  aldermen  of  any  city,  and  the 
sliupirituous^"  selectmen  of  any  town,  may  annually,  on  the  first  Monday  of 
irar&V^pur-*^  J^^lj;  or  as  soou  thereafter  as  practicable,  issue  a  certificate 
poses.   '  to  any  dispensing  druggist  or  apothecary,  having  his  placje  of 

business  in  such  city  or  town,  designating  with  precision  such 
place  of  business  in  said  certificate,  and  declaring  him  to  be 
a  suitable  person  to  purchase,  keep  and  sell  spirituous  or  in- 
toxicating liquors,  for  medicinal,  mechanical  or  chemical  pur- 
poses. 


1870.— Chapter  389.  299 

And  any  dispensing  druggist  or  apothecary  who  shall  an- 
nually receive  such  certificate  from  the  mayor  and  aldermen, 
or  the  selectmen  of  the  city  or  town  in  which  he  has  his  place 
of  business,  may  purchase  of  any  person  legally  authorized 
to  manufacture  or  sell  spirituous  or  intoxicating  liquors,  all 
kinds  of  pure  and  unadulterated  spirituous  or  intoxicating 
liquors,  and  malt  liquors,  and  may  keep  and  sell  the  same, 
at  his  place  of  business  designated  as  aforesaid,  for  medicinal, 
mechanical  or  chemical  purposes  only.  % 

But  nothing  herein  contained  shall  authorize  any  person  Liquors  not  to 
named  in  this  section  to  sell  said  liquors  to  a  minor,  or  on  the  nor'orou°Lorf's 
Lord's  day,  except  on  the  prescription  of  a  physician  ;  and  ph^'sjciln''s  pre"^ 
nothing  herein  contained  shall  authorize  any  person  named  scription. 
in  this  section  to  sell  said  liquors  to  be  drunk  on  the  premises. 

In  case  any  dispensing  druggist  or  apothecary  is  authorized,  men  druggist 
as  provided  in  this  section,  to  sell  the  liquors  aforesaid,  it  lowu^nof^'^' 
shall  not  be  obligatory  upon  the  mayor  and  aldermen,  or  the  pojlft^^any  other 
selectmen  of  the  cities  and  towns  issuing  the  certificate  here-  agent. 
in  named,  to  appoint  any  other  agent  to  sell  spirituous  or  in- 
toxicating liquors  in  their  respective  cities  and  towns. 

Section  5.     The  commissioner,  or  any  manufacturer  or  comniissioner, 
agent  appointed  or  licensed  to  manufacture  or  sell  spirituous  &c.,  may  sen' 
or  intoxicating  liquors,  or  malt  liquors,  under  cliapter  four  !||s"  upVnhis"^' 
hundred  and  fifteen  of  the  acts  of  the  year  eighteen  hundred  rrociudng  cer- 

•11  1        •       ^  11   tiucate. 

and  sixty-nine,  or  under  this  act,  is  hereby  authorized  to  sell 
to  any  dispensing  druggist  or  apothecary,  who  shall  produce 
the  certificate  named  in  the  preceding  section,  all  kinds  of 
pure  and  unadulterated  spirituous  or  intoxicating  liquors  and 
malt  liquors  for  the  purposes  named  in  this  act. 

Section  6.     If  any  dispensing  druggist  or  apothecary,  or  Penalty  on 

1-11  ^  I  ^.^  .   •"     .      druggist,  &C., 

his  clerk,  servant  or  agent,  or  any  person  on  the  premises  is  fo,-  teiiing  iii4. 
convicted  of  an  illegal  sale  under  this  act,  the  person  so  con-  f^''"^'- 
victed  shall  forfeit  and  pay  a  fine  of  twenty-five  dollars  and 
the  costs  of  prosecution ;  and  the  druggist  or  apothecary 
owning  or  having  charge  of  the  premises,  shall  be  adjudged 
to  have  forfeited  the  rights  and  privileges  conferred  by  this 
act,  and  the  certificate  named  in  the  fourth  section  hereof,  shall 
be  revoked  and  annulled  by  the  court  trying  the  case,  and 
such  druggist  or  apothecary  shall  not  be  authorized  to  sell 
spirituous  or  intoxicating  liquors  under  the  provisions  of  this 
act  for  a  period  of  three  years  after  the  date  of  the  conviction 
aforesaid. 

Section  7.     The  municipal  courts  of  any  cities,  trial  jus-  jurisdiction  of 
tices  in  their  respective  counties,  and  police  courts  and  dis-  Justice s*."*^ 
trict  courts  within  their  respective  districts,  shall  have  juris- 
diction concurrent  with  the  superior  court  over  all  violations 
of  the  provisions  of  this  act. 


300  1870.— Chapters  390,  391,  392. 

Prosecutions  SECTION  8.  Nothing  Contained  in  this  act  shall  affect  any 
norto  b"e  "°  prosecution  now  pending,  nor  any  penalty  or  forfeiture  al- 
affected.  ready  incurred  under  the  provisions  of  any  law  in  force  prior 

Forms  of  plead-  to  the  passage  of  this  act,  nor  shall  anything  in  this  act  be 
chluged.  construed  to  require  any  change  in  the  forms  of  pleading  now 

or  heretofore  used  in  the  trials  of  criminal  causes. 

Approved  June  22,  1870. 


Chap.  390 


1870,  389,  §  3. 


An#Act  to  amend  an  act  in  addition  to  an  act  concerning 

THE   manufacture    AND    SALE    OF    INTOXICATING    LIQUORS. 

Be  it  enacted^  ^c,  as  follows  : 
Amendment  to  SECTION  1.  Scctiou  three  of  an  act  passed  at  the  present 
session,  entitled  an  act  in  addition  to  an  act  concerning  the 
manufacture  and  sale  of  intoxicating  liquors,  is  hereby 
amended,  by  striking  out  the  word  "  July  "  in  said  section, 
and  inserting  the  word  "  September"  in  place  thereof;  and 
after  the  word  "  case  "  in  said  section,  insert  the  words  "  and 
until  said  first  Tuesday  of  September ; "  also  by  adding  at 
the  end  of  the  same  section  the  words  "  under  the  same  pen- 
alties provided  in  the  act  to  which  this  is  in  addition." 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1870. 


Chap.Sdl 


An  Act  in  addition  to  an  act  regulating  certain  matters 

OF  insurance. 
Be  it  enacted,  Sfc,  as  follows  : 
Provisions  of         SECTION  1.     Nothing  Contained  in  scctiou  two  of  chapter 
nouo  m'odiTy     two  hundred  and  twenty-four  of  the  acts  of  the  year  eighteen 
G.  S.58,  §70.     hundred  and  sixty-two,  shall   be  construed  as  a  repeal  or 
modification  of  any  of  the  provisions  of  section  seventy  of 
chapter  fifty-eight  of  the  General  Statutes. 

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

Approved  June  22,  1870. 

ChciT)    392  ^^   ^^^  CONCERNING   THE   SETTLEMENT   OF   PAUPERS. 

Be  it  enacted,  Sfc,  as  follows  : 
Unmarried  SECTION  1.     Any  Unmarried  woman  of  the  age  of  twenty- 

tweSty-one  ouo  ycars  who  shall  hereafter  reside  in  any  place  witliin  this 
Cny^ears'hlaly  statc  for  teii  ycars  together  without  receiving  relief  as  a 
place  witiiout     paupcr  Or  being:  convicted  of  a  crime,  shall  thereby  gain  a 

relief  as  pauper,  ^     ..,  ,    •  i        i 

gains  a  settle-    Settlement  lu  such  place. 

™e*ttiements  SECTION   2.     All   Settlements  acquired  by  virtue   of  any 

fn  force'mevf-^  provision  of  law  in  force  prior  to  the  eleventh  day  of  Febru- 
ous  to  Feb.  11,  ary,  in  the  year  one  thousand  seven  hundred  and  ninety- 
&c.,'d^eXred  four,  cxccpt  whcrc  the  existence  of  such  settlement  prevented 
'"**■  a  subsequent  acquisition,  are  hereby  declared  defeated  and 

lost. 


1870.— Chapter  393.  301 

Section  3.     Any  person  who  shall  have  been  duly  enlisted  soldiers  and 
and  mustered  mto  the  military  or  naval  service  of  the  United  served  as  part 
States,  as  a  part  of  the  quota  of  any  city  or  town  in  this  town°&af  '^"^ 
Commonwealth,   under   any   call   of  the   president  of  the  ^^^[''^  ^'^"^®' 
United  States,  during  the  recent  civil  war,  and  who  shall 
have  continued  in  such  service  for  a  term  not  less  than  one 
year,   or   who   shall   have   died    or   become   disabled   from 
wounds  or  disease  received  or  contracted  while  engaged  in 
such  service,  or  while  a  prisoner  in  the  hands  of  the  enemy, 
and  the  wife  or  widow  and  minor  children  of  such  person 
shall  be  deemed  thereby  to  have  acquired  a  settlement  in 
such  city  or  town. 

Section  4.     The  provisions  of  the  preceding  section  shall  when  pro- 
not  apply  to  any  person  who  shall  have  enlisted  and  received  cedii"g%°ectum 
a  bounty  for  such  enlistment  in  more  than  one  town,  unless  do  not  apply, 
the  second  enlistment  was  made  after  an  honorable  discharge 
from  the  first  term  of  service,  nor  to  any  person  who  shall 
have  been  proved  guilty  of  wilful  desertion,  or  to  have  left 
the  service  otherwise  than  by  reason  of  disability  or  an  hon- 
orable discharge. 

Section  5.     Any  person  who  would  otherwise  be  entitled  persons  who 
to  a  settlement  under  section  three  of  this  act,  but  who  was  o7commou'-'°** 
not  a  part  of  the  quota  of  any  city  or  town,  shall,  if  he  served  ggtl^ylJil^t"^ 
as  a  part  of  the  quota  of  this  Commonwealth,  be  deemed  to  where  residing 
have  acquired  a  settlement  in  the  city  or  town  where  he  fistment! 
actually  resided  at  the  time  of  his  enlistment. 

Section  6.  Chapter  two  hundred  and  thirty  of  the  acts  Repeal, 
of  the  year  eighteen  hundred  and  sixty-five,  and  section 
three  of  chapter  three  hundred  and  twenty-eight  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-eight,  are  hereby 
repealed,  saving  all  acts  done  and  all  proceedings  commenced 
under  the  same.  Approved  June  22,  1870. 

An  Act  in  relation  to  witnesses.  pi        ono 

Be  it  enacted,  §'c.,  as  folloios  :  -^  ' 

Section  1.     No  person  of  sufficient  understanding  shall  be  no  person  of 
excluded  from  giving  evidence  as  a  witness  in  any  proceed-  st'^dfng  to  be'"' 
ing,  civil  or  criminal,  in  court  or  before  a  person   having  ^"^[ne^g'^ex-* 
autliority   to    receive    evidence,   except    in    the    following  cept,  &c'. 
cases : — 

First.  Neither  husband  nor  wife  shall  be  allowed  to 
testify  as  to  private  conversations  with  each  other. 

Second.  Neither  liusband  nor  wife  shall  be  compelled  to 
be  a  witness  on  any  trial  upon  an  indictment,  complaint  or 
other  criminal  proceeding,  against  the  other. 


302  1870.-^Chapters  394,  395. 

Third.  In  the  trial  of  all  indictments,  complaints  and 
other  proceedings  against  persons  charged  with  the  commis- 
sion of  crimes  or  offences,  the  person  so  charged  shall,  at  his 
own  request,  but  not  otherwise,  be  deemed  a  competent  wit- 
ness ;  and  his  neglect  or  refusal  to  testify  shall  not  create 
any  presumption  against  him. 

Not  to  apply  to      SECTION  2.     Nothing  in  this  act  contained  shall  apply  to 

will.  the  attesting  witnesses  to  a  will  or  codicil. 

Witness  con-  SECTION  3.     The  couvictiou  of  a  witness  of  any  crime  may 

victed  ol  crime.  no        ■,  ■  ti  -i- 

be  siiown,  to  affect  his  credibility. 
Party  calling         SECTION  4.     A  party  to  a  causc,  who  shall  call  the  adverse 

adverse  party  .  ^        •'        ,  n  i     i  ti  .  . 

as  witness  may  party  as  a  witucss,  shall  be  allowed  the  same  liberty  in  the 

have  same  lib-  •■•  c  i-i.  •  n  j 

erty  as  in  cross-  examination  01  such  Witness,  as  is  now  allowed  upon  cross- 
examination,      examination. 

Repeal.  SECTION  5.     Scctious  thirteen,  fourteen,  fifteen  and  six- 

teen, of  chapter  one  hundred  and  thirty-one  of  the  General 
Statutes,  chapter  three  hundred  and  four  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-four,  chapter  two  hundred 
and  seven  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-five,  section  five  of  chapter  one  hundred  and  forty-eight, 
and  chapter  two  hundred  and  sixty,  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-six,  are  hereby  repealed. 

Approved  June  22,  1870. 


Chap.  394 


An  Act  relating  to  the  collection  of  ke-assessed  taxes. 
Be  it  enacted^  §'c.,  as  follows  : 

•Taxes  re-as-  SECTION   1.     Taxcs   rc-assessod   Under   the   provisions  of 

S6SS6Q  1111(161*  Ct 

s.  11,  §53,  to  '  section  fifty-three  of  chapter  eleven  of  the  General  Statutes, 
pers^on*^origi°  shall  bc  Committed  to,  and  collected  and  paid  over  by  the 
named  hi^^wlr-  collcctor  of  taxcs  for  the  time  being,  in  the  same  manner  as 
rant.  othcr  taxcs,  except  that  the  name  of  the  person  to  whom  the 

taxes  were  originally  assessed  shall  be  stated  in  the  warrant ; 

and  the  bond  of  such  collector  shall  apply  to  such  re-assessed 

taxes. 

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

Approved  June  22,  1870. 


Chap.  395 

Amendu 
G.  S.  49, 


An  Act  concerning  the  sale  of  bread. 
Be  it  enacted,  §"c.,  as  follows  : 
^mendment  to      SECTION  1.     Scctiou   eight   of  chapter  forty-nine   of  the 
General   Statutes   is   hereby  amended   by  striking  out  the 
words  "  in  an  action  of  tort,"  and  inserting  instead  thereof 
the  words — on  complaint  or  indictment. 

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

Aj)proved  June  22,  1870. 


1870.— Chapters  396,  397.  303 

Ax  Act  to  amend  chapter  four  hundred  and  fifty-eight  of  Qfidp^  396 

THE    acts    of     the     YEAR     EIGHTEEN    HUNDRED    AND    SIXTY-NINE,  ^' 

CEDING  jurisdiction  TO  THE  UNITED  STATES  OVER  THE  SITES  OF 
FORT  ANDREW  AND  FORT  STANDISH,  AT  THE  ENTRANCE  OF  PLYM- 
OUTH   HARBOR. 

Be  it  enacted,  ^'c,  as  follows  : 

Section  1.  Section  three  of  chapter  four  hundred  and  Amendment  to 
fifty-eight,  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-nine,  is  hereby  amended,  so  as  to  read  as  follows : — 
This  act  shall  be  void,  unless  a  suitable  plan  of  these  prem- 
ises shall  be  deposited  in  the  office  of  the  secretary  of  the 
Commonwealth  within  six  months  after  the  United  States 
has  acquired  a  title  by  deed. 

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

Approved  June  22,  1870. 


1S09,  458,  §  3. 


Chap.  2^1 


Ax  Act  to  incorporate  the  shawmut  railroad  company. 

Be  it  enacted,  §"c.,  as  follows  : 

Section  1.     Edmund  P.  Tileston,  Henry  L.  Fierce  and  corporators. 
Franklin  King,  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  the  Shawmut  Railroad  Name. 
Company,  with  all  the  powers  and  privileges,  and  subject  to  powers  and  du- 
all  the  duties,  restrictions  and  liabilities  set  forth  in  the  gen-  *^'^*' 
eral  laws  which  now  are  or  hereafter  may  be  in  force  relating 
to  railroad  corporations. 

Section  2.     Said  corporation  may  locate,  construct,  main-  May  construct 
tain  and  operate  a  railroad,  with  one  or  more  tracks,  com-  ponle^t  Rh?r ' 
mencing  at  some  convenient  point  on  the  Neponset  River  in  B^.f^„^'"t°*Bos 
the  city  of  Boston  near  Granite  Bridge,  so  called,  and  thence  ton.nanford 
running  in  a  northerly  and  westerly  direction  through  the  oidco^iony"^ 
sixteenth  ward  of  the  city  of  Boston  to  the  railroad  of  the  KaUroads. 
Boston,  Hartford  and  Erie  Railroad  Company,  at  some  con- 
venient point  between  the  Mount  Bowdoin  and  Stoughton 
Street  stations,  or  to  the  railroad  of  the  Old  Colony  and 
Newport    Railway    Company,    at    some    convenient    point 
between  the  Harrison  Square  and  Crescent  Avenue  stations 
in  said  sixteenth  ward  of  Boston,  as  said  Shawmut  Railroad 
Company  may  elect,  crossing  in  its  course  the  Milton  branch 
railroad  of  the  Old  Colony  and  Newport  Railway  Company 
at  grade  and  the  Cedar  Grove  Cemetery  in  said  Boston  ;  and 
said  corporation  may  enter  with  its  railroad  upon,  unite  the 
same  with  and  use  the  railroad  of  the  Boston,  Hartford  and 
Erie  Railroad  Company,  or  the  railroad  of  the  Old  Colony 
and  Newport  Railway  Company,  and  either  of  said  last  men- 
tioned companies  may  enter  with  its  railroad  upon,  unite 
the  same  with  and  use  the  railroad  of  said  corporation  sub- 
ject to  the  provisions  of  the  general  laws. 


304 


1870.— Chapter  398. 


capitaijtock  •  Section  3.  The  capital  stock  of  said  corporation  shall  not 
exceed  the  sum  of  two  hundred  thousand  dollars,  and  shall 
be  divided  into  shares  of  one  hundred  dollars  each,  the  num- 
ber of  which  shall  be  determined  from  time  to  time  by  its 
directors. 

To  be  located  ia      SECTION  4.     This  act  shall  take  effect  upon  its 


passage. 


— _  i^.ijv^j.iv^ii        _!.,  -M.»ixi^       i^vyu       Ljk^^4xj.        iin-i-vv^       v/XJ.v-'\_-u       ».«.»_/vyij.       i.\jij       k7L*,kJk:'t*Ji^\y  • 

buium  three"    and  shall  be  void  unless  said  railroad  shall  be  located  within 


years. 


two  years,  and 
passage  hereof. 


constructed  within 


Chap.  398 


Corporators. 


Name. 


Powers  and  du- 
ties. 


May  construct 
railroad  from 
junction  of  Old 
Colony  and 
Cape  Cod  Kail- 
roads  in  Mid- 
dleborough  to 
New  Bedford. 


three   years   from   the 
Approved  June  22,  1870. 


May  enter  upon 
and  unite  with 
Old  Colony  and 
Newport  Rail- 
way. 


If  road  is  built 
on  west  side  of 
Acuslmet  Riv- 
er, may  be  en- 


An  Act  to  incorporate  the  new  Bedford  and  middleborough 
railroad  company. 

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

Section  1.  Jonathan  Bourne,  Oliver  Ames  and  James 
D.  Thompson,  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  the  New  Bedford  and 
Middleborough  Railroad  Company,  with  all  the  powers  and 
privileges,  and  subject  to  all  the  duties,  restrictions  and 
liabilities  set  forth  in  the  general  laws  which  now  are  or 
hereafter  may  be  in  force  relating  to  railroad  corporations. 

Section  2.  Said  corporation  is  hereby  authorized  to 
locate,  construct,  maintain  and  operate  a  railroad  with  one 
or  more  tracks,  from  some  convenient  point  at  or  near  the 
junction  of  the  railroads  of  the  Old  Colony  and  Newport 
Railway  Company  and  the  Cape  Cod  Railroad  Company  in 
Middleborough  ;  thence  running  southerly  through  the 
towns  of  Middleborough,  Lakeville,  Rochester,  Freetown 
and  Acushnet,  or  any  of  the  same,  and  east  of  the  Long 
Pond,  through  the  Assowampset  Neck  to  a  convenient  point 
in  the  town  of  Acushnet,  and  thence  running  on  the  east 
side  of  the  Acushnet  River  through  the  town  of  Fairhaven 
to  a  terminus  at  or  near  Elm  Street  in  the  city  of  New  Bed- 
ford, or  on  the  west  side  of  said  river  through  the  city  of 
New  Bedford  to  the  terminus  aforesaid,  as  said  corporation 
may  elect.  If  said  corporation  shall  locate  any  part  of  its 
railroad  over  any  navigable  or  tide  waters,  the  same  shall  be 
constructed  in  such  manner,  and  with  such  suitable  draws, 
as  the  board  of  harbor  commissioners  shall  direct. 

Section  3.  Said  corporation  may  enter  with  its  railroad 
upon,  unite  the  same  with,  and  use  the  railroad  of  the  Old 
Colony  and  Newport  Railway  Company,  and  said  last  men- 
tioned company  may  enter  with  its  railroad  upon,  unite  the 
same  with,  and  use  the  railroad  of  said  corporation,  subject 
to  the  provisions  of  the  general  laws.  In  case  the  railroad 
of  said  corporation  shall  be  located  and  constructed  on  the 
west   side   of  the    Acushnet   River,  the   New  Bedford  and 


1870.— Chapter  398.  305 

Taunton   Railroad   Company  may  enter   with   its   railroad  ^^^^^  p"  dford*^ 
upon,  unite  the  same  with,  and  use  the  railroad  of  said  cor-  and  Taunton 
poration,  subject  to  the  provisions  of  the  general  laws. 

Section  4.     The  capital  stock  of  said  corporation  shall  not  capital  stock 
exceed  the  sum  of  seven  hundred  thousand  dollars,  nor  be 
less  than  four  hundred  thousand  dollars,  and  shall  be  divided 
into  shares  of  one  hundred  dollars  each,  the   number  of 
which  shall  be  determined  from  time  to  time  by  its  directors. 

Section  5.     The  Old  Colony  and  Newport  Railway  Com-  oid  coionyand 
pany  may  subscribe  for  and  hold  shares  of  the  capital  stock  roaTmay  fake 
or  the  securities  of  said  corporation  to  such  an  amount  (not  ^^°^^  ^^  ^°°'^- 
exceeding  one-half  the  capital  stock  or  securities  of  said  cor- 
poration,) as  may  be  authorized  by  a  majority  vote  upon  the 
stock  represented,  at  a  legal  meeting  of  the  stockholders  of 
said  Old  Colony  and  Newport  Railway  Company,  duly  called 
for  tlie  purpose. 

Section  6.  The  towns  of  Lakeville,  Middleborough,  Towns  of  Lake- 
Acushnet  and  Fairhaven,  may  severally  subscribe  for  and  bmoughf^^" 
hold  shares  of  the  capital  stock,  or  the  securities  of  said  cor-  Fah-haleu^may 
poration,  to  an  amount  not  exceeding  five  per  centum  of  the  take  stock  m 
valuation  of  said  towns,  respectively,  for  the  year  in  which 
tlie  subscription  shall  be  made :  provided,  that  two-thirds  of  Provisos. 
the  legal  voters  of  said  towns,  respectively,  present  and 
voting  by  ballot,  and  using  the  check-list,  at  a  legal  meeting, 
duly  called  for  the  purpose,  shall  vote  to  subscribe  for  such 
shares  or  securities ;  and  provided,  also,  that  the  total 
amount  of  all  subscriptions  of  said  towns,  respectively,  which 
have  been  or  may  be  made  to  the  stock  or  securities  of  any 
railroad  corporation  or  corporations  under  authority  of  this 
or  any  previous  act,  shall  not  exceed  five  per  centum  of  the 
assessed  valuation  of  said  towns,  respectively.  Said  towns 
may  pay  for  such  shares  or  securities  so  voted  to  be  taken, 
out  of  their  respective  treasuries,  and  may  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 ;  and  the 
selectmen  of  said  towns,  respectively,  or  any  agent  specially 
chosen  for  the  purpose,  shall  have  authority  to  represent 
said  towns,  respectively,  at  any  and  all  meetings  of  said  cor- 
poration, and  may  vote  on  the  whole  amount  of  the  stock  so 
held,  anything  in  chapter  sixty-three  of  the  General  Statutes 
to  the  contrary  notwithstanding. 

Section  7.     This  act  shall  take  effect  upon  its  passage,  to  be  located 
and  shall  be  void  unless  said  railroad  shall  be  located  within  and  bunt  lu 
two   years,  and   constructed  within   three   years   from  the  ""'^^  J'^^''^- 
passage  hereof.  Approved  June  22, 1870. 

39 


306  1870.— Chapters   399,  400,  401. 

Chav)  399  ^^  ^^^  ^^  authorize  the  town  of  pittsfield  to  take  stock 

■i^'  IN   THE   LEE   AND   NEW   HAVEN   RAILROAD    COMPANY. 

Be  it  enacted,,  &fc.,  as  follows : 

Pittsfield  may        SECTION  1.     The  town  of  Pittsfield  may  subscribe  for  and 

stock"r^securi-  hold  shares  of  the  capital  stock,  or  the  securities  of  the  Lee 

New^iiave/"*^  ^^^^  ^^"^   Havcii  Eailroad   Company,   to   an   amount  not 

Eaiiroad;         exceeding   one   hundred   thousand   dollars :  provided,  that 

two-thirds  of  the  legal  voters  of  said  town,  present  and  voting 

by  ballot,  and  using  the  check-list,  at  a  legal  meeting  duly 

called  for   that   purpose,  shall  vote   to   subscribe  for   such 

--may  pay  out  sliarcs  or  Securities.     Said  town  may  pay  for  such  shares  or 

01  trGRSury  or  •/    l     •/ 

raise  money  by  sccurities,  SO  votod  to  bo  takcu,  out  of  its  treasury,  and  may 
can  or  tax.  YSiisG  by  loau  upou  bouds,  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  prop- 
erty ;  and  the  selectmen  of  said  town,  or  any  agent  specially 
chosen  for  the  purpose,  shall  have  authority  to  represent 
said  town  at  any  and  all  meetings  of  said  corporation,  and 
may  vote  on  the  whole  amount  of  the  stock  so  held,  anything 
in  chapter  sixty-three  of  the  General  Statutes  to  the  contrary 
notwithstanding. 

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

Approved  June  22,  1870. 

ChciP.  400   -^^  -^^^   "^^   REVIVE  AN  ACT   TO  AUTHORIZE   THE   BOSTON  AND  MAINE 
"'  RAILROAD    TO    CHANGE    THE    LOCATION    OF    ITS    ROAD    IN    NORTH 

ANDOVER   AND   BRADFORD. 

Be  it  enacted,  Sfc,  as  follows  : 

Time  for  loca-        SECTION  1.     Scctiou  ono  of  chapter  Seventeen  of  the  acts 

one  year.  of  the   ycar   eighteen   hundred   and   sixty-eight   is   hereby 

revived,  and   the   time  within  which   the   location   therein 

described  may  be  filed,  is  extended  to  one  year  from  the 

passage  of  this  act. 

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

Approved  June  22,  1870. 

Chap.  401    -^    -^^^    ^^    ADDITION     TO     AN    ACT     CONCERNING     THE     DRAWS     IN 
*   '  BRIDGES   ACROSS    CHARLES    AND   MILLER'S     RIVER   AT     THE    NORTH 

SIDE   OF   THE   CITY   OF   BOSTON. 

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

Draws  to  be  Section  1.     Scctiou  One  of  chapter  three  hundred,  section 

wide^*^^  '^'^  one  of  chapter  three  hundred  and  one,  section  seven  of -chap- 
ter three  hundred  and  two,  and  section  five  of  chapter  three 
hundred  and  three  of  the  acts  of  the  current  year,  are  hereby 
severally  amended  by  striking  out  the  words  "  thirty-eight 
feet "  wherever  the  same  occur,  and  inserting  instead 
thereof  the  words  "  thirty-six  feet." 

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

Approved  June  23,  1870. 


1870.— Chapters  402,  403,  404.  307 

An  Act  to  authorize  the  discoxtixuaxce  of  the  use  of  one  QJid'n  402 

OF    THE  VESSELS    OF  THE   MASSACHUSETTS   NAUTICAL   SCHOOL,  AND  "' 

THE    SALE   THEREOF. 

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

Section  1.     That  the  governor  is  authorized  to  discontinue  one  vessel  of 
the  use  of  one  of  the  vessels  now  in  the  service  of  the  Massa-  schwi  to"be*^^ 
chusetts  Nautical  School,  and  with  the  consent  of  the  council  ^°^*^" 
to  sell  the  vessel,  the  use  of  which  shall  have  been  so  discon- 
tinued, and  to  pay  the  proceeds  of  such  sale  into  the  state 
treasury. 

Section  2.     The  trustees  of  the  Massachusetts  Nautical  Boys  to  be 
School  upon  such  discontinuance  being  notified  to  them  in  the^remafning 
writing  by  the  governor,  shall  transfer  the  boys  upon  the  '*''^^*^'- 
said  vessel,  the  use  of  which  shall  have  been  so  discontinued, 
to   the  other  vessel  remaining  in  the  service  of  the   said 
school,  or  to  the  State  Reform  School  at  "Westborougli,  or 
otherwise  dispose  of  them  as  now  provided  by  law,  and  they 
shall  thereupon  with  his  approval  discharge  those  officers 
whose  services  are  no  longer  required. 

Sections.     The  governor  may  draw  upon  the  appropria- Expenses  of 
tion  for  the  current  expenses  of  the  said  school,  for  such  sum  ^^  *^' 
as  may  be  necessary  to  pay  for  the  custody  of  the  vessel  after 
such  discontinuance  and  for  the  expenses  of  the  sale  thereof. 

Approved  June  23,  1870. 


Chap.  403 


An  Act  to  amend  chapter  one  hundred  and  twenty-six  op 

THE  acts  of  the  CURRENT  YEAR,  ENTITLED  AN  ACT  TO  INCOR- 
PORATE the  NEW  BEDFORD  AND  FAIRHAA'EN  STREET  RAILWAY 
COMPANY. 

Be  it  enacted,  Sfc,  as  follows  : 

Section   1.     Section   four  of  chapter  one  hundred  and  Amendment  to 
twenty-six  of  the  acts  of  the  present  year,  is  hereby  amended,  ^^^^'  ^'^^'  ^  *• 
by  striking  out  the  word  twenty-six  and  inserting  the  word 
seventy-six. 

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

Approved  June  23,  1870. 

An  Act  in  relation  to  divorce.  >^t         AOA 

Be  it  enacted,  §'e.,  as  follows  :  "' 

Section   1.     Hereafter  no   divorce  from  bed  and   board  xo  more 
shall  be  decreed  in  this  Commonwealth.     All  parties  now  bid'au'd^mi. 
divorced  from  bed  and  board  shall  be  in  the  same  legal  con- 
dition as  if  divorced  nisi  under  the  provisions  of  this  act,  and  ^ibeis  now 
all  libels  for  a  divorce  from  bed  and  board  now  pendin  or,  shall  pending  to  be 

7  .  T     ,        1        Ti     1      /.  T  /»         -^    1        1         n  const*-ued  as  for 

be  construed  to  be  libels  for  a  divorce  from  the  bond  of  fiivorce  from 
matrimony  under  this  act.  m^atrimony. 


308  1870.— Chapter  405. 

Additional  SECTION  2.     Ill  addition  to  the  causes  now  provided  by 

which  cuvorces  law,  a  divorco  from  the  bond  of  matrimony  may  be  decreed 
matrimony  may  ^ov  extrcmc   cruolty,  litter  dcscrtion,  gross  and  confirmed 
be  decreed.        habits  of  iiitoxicatioii  Contracted  after  marriage,  or  cruel  and 
abusive  treatment  by  either  of  the  parties ;  and  on  the  libel 
of  the  wife,  when  the  husband,  being  of  sufficient  ability, 
grossly  or  wantonly  and  cruelly  refuses  or  neglects  to  pro- 
vide suitable  maintenance  for  her. 
Court  may  en-      SECTION  3.     Ill  the  cascs  mentioned  in  the  preceding  sec- 
and'if  partfe"*^*  tiou,  the  court  shall,  if  the  libellant  prevail,  enter  a  decree 
fo7fiTC^yea*r^s'f   ^f  divorco  Tiisi,  and  if  the  parties  shall  continue  to  live  sepa- 
decreetobe      ratclv  for  fivc  cousccutive  years  next  after  the  decree,  the 

made  absolute.  in  fin  i  •  t     -i  ii 

court  shall,  upon  prooi  thereof,  make  said  decree  absolute  ; 

Proviso.  provided,  however,  that  the  court  may  make  such  decree 

absolute  at  any  time  after  the  parties  shall  have  lived  apart 

for  three  consecutive  years  after  the  granting  of  the  decree 

nisi.    If  at  any  time  before  the  decree  of  divorce  7iisi  is 

made  absolute,  the  parties  live  together  again,  the  divorce 

nisi  shall  become  void. 

dowlrwhln^*°      SECTION  4.     When  a  divorce  is  decreed  for  the  cause  of 

divorce  decreed  adultciy  Committed  by  the  husband,  or  because  of  his  sen- 

h^usbandf&c.'^^  teiicc  to  Confinement  at  hard  labor,  the  wife  shall  be  entitled 

to  her  dower  in  his  lands  in  the  same  manner  as  if  he  were 

dead.     If  after  a  decree  of  divorce  nisi,  granted  on  the  libel 

of  the  wife,  the  husband  die  before  such  decree  is  made 

absolute,  the  wife  shall  not  be  barred  of  her  claim  to  dower. 

But  except  as  herein  before  provided,  a  wife  shall  not  be 

entitled  to  dower  in  any  case  of  divorce. 

Upon  entry  of        SECTION  5.     Upoii  the  cntiy  of  a  dccrec  of  divorce  nisi  as 

favorVfwlfe"    provided  in  this  act  in  favor  of  the  wife,  she  shall  thereupon 

to  righ*t3  under  l>e  entitled  to  all  the  rights  now  conferred  upon  her  by  sec- 

G.  s.  10?,  §§  40,  tions  forty  and  forty-three  of  chapter  one  hundred  and  seven 

of  the  General  Statutes,  upon  divorce  from  bed  and  board. 

Sections  nine,  ten  and  thirty-eight  of  said  chapter  are  hereby 

repealed. 

Rights  already       SECTION  6.     Nothing  herein  contained  shall  be  construed 

acquired  not        j.      j         -  •         r-  •    ^  ■        i         i  -i 

aflfected.  to  deprive  any  party  oi  any  rights  already  acquired. 


Approved  June  23,  1870. 


Chap.  405 


An  Act  to  incorporate  the  southbridge  and  palmer  rail- 
road COMPANY. 

Be  it  enacted,  ^'c,  as  follows  : 

Corporators.  SECTION  1.     S.  C.  Hartwcll,  Eiuoiy  L.  Bates,  James  G. 

Allen,  their  associates  and  successors,  are  hereby  made  a 
Name.  Corporation   by  the   name  of  the  Southbridge  and  Palmer 

Powers  and  du-  Railroad  Company  ;  with  all  the  powers  and  privileges  and 

subject  to  all  the  duties,  restrictions  and  liabilities  set  forth 


1870.— Chapter   405.  309 

in  the  general  laws  which  now  are  or  hereafter  may  be  in 
force  relating  to  railroad  corporations. 

Section   2.      Said   corporation   is  hereby   authorized  to  May  buM  road 
locate,  construct,  maintain  and  operate  a  railroad,  with  one  Ha™fonia°ifci 
or  more  tracks,  commencing  at  some  convenient  point  on  bridge"  through 
the   Boston,  Hartford   and   Erie   Railroad   in  the   town   of  Mo^sonand 

<-i         1  1     •  T  T        1  •  1  11  p       1       Pahner,  to  the 

fcouthbndge,   and    thence   runmng  up   tlie   valley   ot    the  Boston  and  ai- 

Quinebaug  River  through  the  towns  of  Southbridge,  Stur-  |c°^  fiaiiroad, 

bridge  and  Brimfield ;  thence  through  said  town  of  Brimfield 

to  the  valley  of  the  Elbow  brook  in  the  west  part  of  the  town  ; 

thence  by  said  last  named  valley  and  the  valley  of  the  Qua- 

boag  River,  through  the  towns  of  Monson  and  Palmer  to  some 

point  on  the  line  of  the  Boston  and  Albany  Railroad,  the  New 

London  Northern  Railroad,  or  the  Ware  River  Railroad,  at 

or  near  the  junction  of  said  railroads  in  said  town  of  Palmer. 

Sections.     Said  corporation  may  enter  with  its  railroad  Ma^y  enter  upon 
upon,  unite  the  same  with,  and  use  the  railroad  of  the  Bos-  Hanfordand    ' 
ton,  Hartford  and  Erie  Railroad  Company  at  Southbridge,  a"d^Afb°£^yr&c. 
the  railroads  of  the  Boston  and  Albany  Railroad  Company, 
the  New  Loudon  Northern  Railroad  Company,  and  the  Ware 
River  Railroad  Company,  or  either  of  them,  at  Palmer,  and 
each  of  the  said  several  railroad  companies  may  respectively 
enter  with  its  road  upon,  unite  the  same  with,  and  use  the 
road  of  the  Southbridge  and  Palmer  Railroad  Company,  sub- 
ject to  the  provisions  of  the  general  laws. 

Section  4.     The  capital  stock  of  said  corporation  shall  not  capital  stock 
exceed  the  sum  of  eight  hundred  thousand  dollars,  nor  be 
less  than  three  hundred  thousand  dollars,  and  shall  be  divided 
into  shares  of  one  hundred  dollars  each,  the  number  of  which 
shall  be  determined  from  time  to  time  by  its  directors. 

Section  5.     The  towns  of  Southbridge,  Sturbridge,  Brim-  southbridge, 
field,  Holland,  Wales  and  Palmer  may  severally  subscribe  for  Ir'^fletfr'Hoi- 
and  hold  shares  of  the  capital  stock,  or  the  securities  of  said  Paimelmlv^'^ 
railroad  corporation  to  an  amount  not  exceeding  five  per  J^^^^^°°^^° 
centum  of  the  valuation  of  said  towns,  respectively,  for  the 
year  in  which  the  subscription  shall  be  made  :  provided,  that  Provisog. 
two-thirds  of  the  legal  voters  of  said  towns,  respectively, 
present  and  voting  by  ballot,  and  using  the  check-list,  at  a 
legal  meeting,  duly  called  for  the  purpose,  shall  vote  to  sub- 
scribe for  such  shares  or  securities ;  and  provided,  also,  that 
the  total  amount  of  all  subscriptions  of  said  towns,  respec- 
tively, which  have  been  or  may  be  made  to  the  stock  or  se- 
curities of  any  railroad  corporation  or  corporations  under 
authority  of  this  or  any  previous  act,  shall  not  exceed  five 
per  centum  of  the  assessed  valuation  of  said  towns,  respec- 
tively.    Said  towns  may  pay,  for  such  shares  or  securities,  so 


310 


1870.— Chapter  406. 


May  mortgage 
road  and  Iran- 
eliise  to  secure 
indebtedness, 
JSDB. 


May  sell  road 
and  frajichise. 


To  be  located 
within  tbree 
years  and  built 
■vvithiu  six 
years. 


voted  to  be  taken  out  of  their  respective  treasuries,  and  may 
raise  by  loan  upon  bonds,  or  tax,  or  otlierwise,  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  prop- 
erty ;  and  the  selectmen  of  said  towns,  respectively,  or  any 
agent  specially  chosen  for  the  purpose,  shall  have  authority 
to  represent  said  towns,  respectively,  at  any  and  all  meetings 
of  said  corporation,  and  may  vote  on  the  whole  amount  of 
the  stock  so  held,  anything  in  chapter  sixty-three  of  the  Gen- 
eral Statutes  to  the  contrary  notwithstanding. 

Section  6.  Said  corporation  is  hereby  authorized  to  mort- 
gage its  railroad,  franchise  and  other  property,  real  or  per- 
sonal, then  or  thereafter  acquired,  to  secure  any  contracts, 
indebtedness  or  bonds  that  may  at  any  time  be  made  or  issued 
'by  said  corporation  in  accordance  with  the  laws  of  the  Com- 
monwealth. 

Section  7.  Said  corporation  is  hereby  authorized  to  sell 
or  lease  its  railroad,  franchise  and  other  property,  or  such 
parts  of  said  railroad  as  may  from  time  to  time  be  completed, 
to  the  Boston,  Hartford  and  Erie  Railroad  Company,  the 
Boston  and  Albany  Railroad  Company,  the  New  London 
Northern  Railroad  Company  or  the  Ware  River  Railroad 
Company,  upon  such  terms  as  may  be  agreed  upon  by  the  di- 
rectors of  the  contracting  corporations.  And  either  of  said 
companies  are  hereby  authorized  to  purchase  or  hire  the  same. 

Section  8.  This  act  shall  take  effect  upon  its  passage,  and 
shall  be  void  unless  said  railroad  shall  be  located  within  three 
years,  and  constructed  within  six  years  from  the  passage 

hereof.  Approved  June  23,  1870. 


Chap. 


AQQ  An  Act  to  authorize  seth  whittier  and  albert  r.  whittiek 

TO   CONSTRUCT   A   WHARF    ON   SOUTH    BAY. 

Be  it  enacted.,  §'c.,  as  follorvs : 

May  construct       SECTION  1.     License  is  hereby  granted  to  Seth  Whittier 
Tasteriy'^sidrof  osid  Albert  R.  Whittier  to  construct  a  wharf  on  the  south- 
^'Boston?^*^^    easterly  side  of  Albany  Street,  upon  flats  there  owned  by 
them  lying  on  the  northerly  side  of  the  flats  of  the  Hinkley 
and  Williams  works,  and  extend  the  same  to  the  commission- 
ers' line  on  South  Bay,  subject  to  the  provisions  of  section 
four  of  chapter  one  hundred  and  forty-nine  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-six,  and  to  the  provisions  of 
sections  one,  two  and  three  of  chapter  four  hundred  and 
thirty -two  of  the  acts  of  the  year  eighteen  hundred  sixty- 
May  receive      nine  ;  with  the  right  to  lay  vessels  at  the  end  of  said  wharf, 
«k»4age.^  ^^      and  to  receive  wharfage  and  dockage  therefor,  and  such  right 
to  lay  vessels  at  the  sides  of  said  wharf  and  to  receive  wharf- 


1870.— Chapter  407.  311 

age  and  dockage  therefor  as  the  harbor  commissioners  shall 
prescribe. 

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

Approved  June  23, 1870. 

Ak  Act   making  APPROPRIATIOXS    to    meet    certain  expenditures    Qhnv)    407 
AUTHORIZED    THE   PRESENT   TEAR,   AND    FOR    OTHER   PURPOSES.  ■^' 

Be  it  enacted,  ^'c,  as  follows : 

Section  1.    The  sums  hereinafter  mentioned  are  appropri-  Appropriations 
ated  to  be  paid  out  of  the  treasury  of  the  Commonwealth,  ^"  ^'^^^  ' 
from  the  ordinary  revenue,  unless  otherwise  ordered,  for  the 
purposes  specified  in  certain  acts  and  resolves  of  the  present 
year,  and  for  other  purposes,  to  wit : — 

In  the  act,  chapter  two  hundred  and  one,  establishing  the  District  court 
district  court  of  Northern  Berkshire,  seven  hundred  forty-  BericThkl^"^ 
eight  dollars  and  thirty-nine  cents  for  the  salary  of  the  stand-  Jun'ice'and 
ing  justice,  and  two  hundred   forty  dollars  and  eighty-six  cierk. 
cents  for  the  salary  of  the  clerk  of  said  court,  for  the  present 
year. 

In  the  act,  chapter  two  hundred  and  two,  establishing  the  District  court 
district  court  of  Southern  Berkshire,  a  sum  not  exceeding  nferkdlire^'^ 
six  hundred  dollars  for  the  salary  of  the  standing  justice  of  |*j^^^°° 
said  court,  for  the  present  year. 

In  the  act,  chapter  two  hundred  and  thirteen,  incorporating  construction  of 
the  town  of  Gay  Head,  a  sum  not  exceeding  five  thousand  oay  k^ad.^'^ 
dollars  for  the  construction  of  the  road  therein  authorized ; 
and  a  further  sum  not  exceeding  one  hundred  dollars  for  the 
expenses  of  the  commissioners  and  for  recording  deeds,  as 
provided  in  said  act. 

In  the  act,  chapter  two  hundred  and  twenty-four,  concern-  commissioner 

n     J.       •  T      ,-1  <•  i.  J     of  corporations, 

mg  manutacturmg  and  other  corporations,  a  sum  not  exceed- 
ing three  hundred  and  fifty  dollars  for  the  salary  and  three 
hundred  dollars  for  the  incidental  expenses  of  the  commis- 
sioner, as  therein  provided,  for  the  present  year. 

In  the  act,  chapter  two  hundred  and  thirty-eight,  concern-  Lunatic  hos- 
ing the  state  lunatic  hospital  at  Worcester,  a  sum  not  exceed-  firf*'  ^°^'^^^' 
ing  one  hundred  thousand  dollars. 

In  the  act,  chapter  two  hundred  and  forty-four,  in  relation  ^^  ^^^y^^^"" 
to  the  salary  of  the  commissioner  of  savings  banks,  a  sum  not  banks, 
exceeding  three  hundred  dollars. 

In  the  act,  chapter  two  hundred  and  fifty,  authorizing  a  Executive 
fund  for  expenses  of  the  executive  department,  a  sum  not  ^^p^*"^™^^*- 
exceeding  five  thousand  dollars. 

In  the  act,  cliapter  two  hundred  and  eighty-six,  relating  to  Establishment 
ttie  establishment  of  meridian  lines  and  regulating  the  prac-  liu^s!"^^ 
tice  of  surveying  in  this  state,  a  sum  not  exceeding  two  thou- 


312 


1870.— Chapter  407. 


Cashier  of 
treasury. 


Municipal  court 
of  Dorchester 
district. 


Asylum  for  dis- 
charged female 
prisoners. 


Caroline 
Brigham. 

Springfield 
homeforfriend- 
less  womop,  &c. 


New  England 
hospital  for 
women,  &c. 


Lyman 
Dimock. 


Taunton. 


State  alms- 
house, Moneon. 


Special  laws. 


Dariue  Negus. 


Mass.  eye  and 
ear  infirmary. 


Washingtonian 
home. 

House  of  the 
angel  guardian. 


sand  five  hundred  dollars  for  the  compensation  of  the  com- 
missioner therein  authorized. 

In  the  act,  chapter  three  hundred  and  seventeen,  establish- 
ing the  salary  of  the  cashier  of  the  treasury  department,  a 
sum  not  exceeding  three  hundred  dollars. 

In  the  act,  chapter  three  hundred  and  thirty-three,  estab- 
lishing the  municipal  court  of  the  Dorchester  district  in 
Boston,  a  sum  not  exceeding  six  hundred  and  seventy-five 
dollars  for  the  salary  of  the  standing  justice  of  said  court, 
for  the  present  year. 

In  the  resolve,  chapter  six,  in  favor  of  the  temporary 
asylum  for  discharged  female  prisoners,  the  sum  of  two 
thousand  five  hundred  dollars. 

In  the  resolve,  chapter  seven,  in  favor  of  Caroline  Brigham, 
the  sum  of  eighty-eight  dollars. 

In  the  resolve,  chapter  nine,  in  favor  of  the  Springfield 
home  for  friendless  women  and  children,  the  sum  of  two 
thousand  dollars. 

In  the  resolve,  chapter  ten,  in  favor  of  the  New  England 
hospital  for  women  and  children,  the  sum  of  one  thousand 
dollars. 

In  the  resolve,  chapter  eleven,  in  favor  of  Lyman  Dimock, 
the  sum  of  seventeen  dollars. 

In  the  resolve,  chapter  thirteen,  in  favor  of  the  city  of 
Taunton,  the  sum  of  two  hundred  and  seventy-five  dollars. 

In  the  resolve,  chapter  fourteen,  in  favor  of  the  state  alms- 
house and  primary  school  at  Monson,  a  sum  not  exceeding 
sixteen  thousand  dollars. 

In  the  resolve,  chapter  sixteen,  providing  for  the  purchase 
of  land  and  for  certain  repairs  and  improvements  at  the 
state  almshouse  and  primary  school  at  Monson,  a  sum  not 
exceeding  seven  thousand  five  hundred  dollars. 

In  the  resolve,  chapter  twenty-one,  providing  for  the  pub- 
lication of  certain  special  laws,  a  sum  not  exceeding  seven 
thousand  dollars. 

In  the  resolve,  chapter  twenty-two,  in  favor  of  Darius  Ne- 
gus, the  sum  of  one  hundred  and  ninety-two  dollars. 

In  the  resolve,  chapter  twenty-six,  in  aid  of  the  Massachu- 
setts charitable  eye  and  ear  infirmary,  the  sum  of  six  thou- 
sand dollars. 

In  the  resolve,  chapter  twenty-seven,  in  favor  of  the  Wash- 
in^tonian  home,  the  sum  of  six  thousand  dollars. 

In  the  resolve,  chapter  twenty-eight,  in  favor  of  the  house 
of  the  angel  guardian,  the  sum  of  three  thousand  five  hun- 
dred dollars. 


1870.— Chapter  407.  313 

In  the  resolve,  chapter  thirty,  in  favor  of  Louisa  Gould,  Louisa  couid. 
tlie  sum  of  forty-four  dollars. 

In  the  resolve,  chapter  thirty-one,  in  favor  of  Lucretia  W.  Lucretiaw, 
Daniels,  the  sum  of  ninety-six  dollars.  ^^^^  ^' 

In  the  resolve,  chapter  thirty- two,  relating  to  the  normal  Normal  schooi- 
school-house  in  Salem,  a  sum  not  exceeding  twenty-five  thou-  '^""^'^  ^^  ^''^^°^- 
sand  dollars,  the  same  to  be  reimbursed  to  the  treasury  in 
accordance  with  the  provisions  of  said  resolve. 

In  the  resolve,  chapter  thirty-three,  in  favor  of  certain  offi-  officers  of  the 
cers  of  the  volunteer  militia,  a  sum  not  exceeding  one  thou-  JESjiua!^' 
sand  two  hundred  seventeen  dollars  and  sixty-six  cents. 

In  the  resolve,  chapter  thirty-seven,  in  favor  of  Sarah  Sad-  sarah  sadier. 
ler,  the  sum  of  forty-eight  dollars. 

In  the  resolve,  chapter  thirty-eight,  in  favor  of  Catherine  Catherine  Reed. 
Reed,  the  sum  of  sixty  dollars. 

In  the  resolve,  chapter  thirty-nine,  in  favor  of  Edwin  May-  Edwin  May- 
berry,  the  sum  of  one  hundred  thirty-eight  dollars  and  twenty-  ^®"^" 
six  cents. 

In  the  resolve,  chapter  forty,  granting  aid  for  the  schools  Marshpee  dis- 
of  the  district  of  Marshpee,  the  sum  of  one  hundred  and  *"'^*'  ^'^'^'^o^^- 
fifty  dollars,  payable  from  the  moiety  of  the  school  fund,  ap- 
plicable to  educational  purposes. 

In  the  resolve,  chapter  forty-one,  relating  to  fish  culture,  a  rish  culture. 
sum  not  exceeding  four  thousand  dollars. 

In  the  resolve,  chapter  forty-three,  in  favor  of  Jane  Parks,  Jane  Parks. 
the  sum  of  two  hundred  dollars  for  the  present  year. 

In  the  resolve,  chapter  forty-five,  in  favor  of  Oramel  Mar-  oramei  Martin. 
tin,  the  sum  of  three  hundred  and  eighty-five  dollars. 

In  the  resolve,  chapter  forty-six,  in  favor  of  Oliver  Good-  ouver  Good- 
speed,  a  sum  not  exceeding  one  hundred  and  sixty-eight  ^^^^^' 
dollars. 

In  the  resolve,  chapter  forty-seven,  in  favor  of  the  disabled  Disabled  soi- 
soldiers'  employment  bureau,  the  sum  of  two  thousand  five  mint  bSeS" 
hundred  dollars. 

In  the  resolve,  chapter  fifty-one,  in  relation  to  disabled  cisaWed 
soldiers,  a  sum  not  exceeding  six  thousand  dollars.  ^°   ^^^' 

In  the  resolve,  chapter  fifty-two,  relating  to  the  purchase  samueis' birds 
and  distribution  of  Samuels'  report  on  the  birds  of  New  Eng-  i°an^!^  ^°^' 
land,  a  sum  not  exceeding  four  thousand  dollars. 

In  the  resolve,  chapter  fifty-three,  in  favor  of  the  New  Eng-  New  En^riand 
land  moral  reform  society,  the  sum  of  one  thousand  dollars,    fo^^etyf'^^^ 

In  the  resolve,  chapter  fifty-five,  in  favor  of  Andrew  R.  Andrew  r. 
Earl,  a  sum  not  exceeding  one  hundred  and  twenty  dollars.    ^"^" 

In  the  resolve,  chapter  fifty-six,  in  favor  of  David  Pulsifer,  David  Puisifer. 
the  sum  of  seven  hundred  and  fifty  dollars. 

40 


314 


1870.— Chapter  407. 


Laborers  on 
state  house. 


State  aid  under 
special  laws. 


Tax  commis- 
sioner, clerical 
assistance. 
1SG5,  283;  18~0, 
317. 
Amoa  Brown. 


Surgeon-gen- 
eral. 

1861,219;  1866, 
298,  299. 


Printing  public 
documents. 
G.  S.  4. 


Pamphlet  edi- 
tion of  general 
laws. 

G.  S.3;  1866, 
6.5, 


"Blue  book" 
edition  of  acts 
and  resolves. 
G.  S.3. 


Secretary, 
incidental 
expenses. 
G.  S.  14. 


Engraving  and 
printing  state 
scrip. 


PjMnting  and 
binding  for 
senate. 
Res.  1856,  74. 

Sedretary,  inci- 
dental ex- 
penses, 1869. 


In  the  resolve,  chapter  fifty-nine,  providing  for  the  payment 
of  certain  laborers  on  the  state  house,  a  sum  not  exceeding 
seven  hundred  fifty-five  dollars  and  eighty-six  cents. 

For  the  payment  of  state  aid,  as  authorized  in  sundry 
special  acts  and  resolves,  a  sum  not  exceeding  one  thousand 
five  hundred  dollars. 

For  such  clerical  assistance  as  the  tax  commissioner  may 
find  necessary,  a  sum  not  exceeding  seven  hundred  and  fifty 
dollars  in  addition  to  the  appropriation  heretofore  made. 

For  the  compensation  of  Amos  Brown  for  damage  to  build- 
ings in  process  of  erection  in  accordance  with  the  provisions 
of  chapter  thirty-six  of  the  resolves  of  eighteen  hundred  and 
sixty-nine,  a  sum  not  exceeding  nine  hundred  and  thirty-two 
dollars,  in  pursuance  of  an  order  of  the  house  of  June  third. 

For  such  clerical  assistance  as  the  surgeon-general  may 
find  necessary,  a  sum  not  exceeding  one  thousand  five  hun- 
dred dollars,  and  for  the  salary  of  the  messenger  of  the  sur- 
geon-general, a  sum  not  exceeding  nine  hundred  dollars,  the 
same  to  be  in  addition  to  the  appropriations  heretofore  made. 

For  printing  the  public  series  of  documents  in  the  last 
quarter  of  the  year  eighteen  hundred  and  sixty-nine,  under 
the  direction  of  the  secretary  of  the  Commonwealth,  a  sum 
not  exceeding  two  thousand  five  hundred  dollars  in  addition 
to  the  appropriation  heretofore  made. 

For  printing  the  pamphlet  edition  of  the  general  acts  and 
resolves  of  the  present  year,  a  sum  not  exceeding  three  thou- 
sand eight  hundred  dollars  in  addition  to  the  appropriation 
heretofore  made. 

For  printing  and  binding  the  "  blue  book  "  edition  of  the 
acts  and  resolves  of  the  present  year,  a  sum  not  exceeding 
two  thousand  dollars  in  addition  to  the  appropriation  hereto- 
fore made. 

For  the  incidental  expenses  of  the  secretary's  department, 
a  sum.  not  exceeding  two  hundred  dollars  for  binding  tli» 
census  returns  for  the  year  eighteen  hundred  and  sixty. 

For  the  engraving  and  printing  of  state  scrip  authorized 
under  the  provisions  of  chapter  four  hundred  and  forty-six 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-nine,  rel- 
ative to  the  purchase  of  certain  lands  for  the  benefit  of  the 
flats  of  the  Commonwealth  in  Boston  harbor,  a  sum  not  ex^ 
ceeding  one  hundred  and  fifty  dollars. 

For  printing  and  binding  for  the  senate,  for  the  year  eigh- 
teen hundred  and  sixty-nine,  a  sum  not  exceeding  ninety- 
three  dollars  and  thirty-five  cents. 

For  the  incidental  expenses  of  the  secretary's  department 
for  the  year  eighteen  hundred  and  sixty-nine,  a  sum  not  ex- 


i 


1870.— Chapter  408.  315 

ceeding  one  hundred  and  thirty-five  dollars  in  addition  to  the 
appropriation  heretofore  made. 

For  the  completion  of  the  record  of  Massachusetts  soldiers,  Record  Mass. 
as  authorized  by  chapter  ninety-eight  of  the  resolves  of  the  ^'°'"'^'^*^'"^- 
year  eighteen  hundred  and  sixty-six,  a  sum  not  exceeding 
twenty-seven  thousand  dollars. 

For  testimonials  to    Massachusetts    soldiers  and    sailors,  Testimonials  to 
as  authorized  by  chapter  fifty-three  of  the  resolves  of  the  saliors.*  "°"^ 
year  eighteen  hundred  and  sixty-nine,  a  sum  not  exceeding 
ten  thousand  five  hundred  dollars  in  addition  to  the  appro- 
priation heretofore  made. 

For  quartermaster's  supplies,  a  sum  not  exceeding  twenty  Quartermas- 
thousand  dollars.  isoo,  2iy ;  i867, 

For  printing  and  binding  for  the  senate  and  house  of  rep-  panting  and 
resentatives,  a  sum  not  exceeding  five  thousand  dollars  in  amufouslof*^ 
addition  to  the  sum  heretofore  appropriated.  representativ's. 

For  printing  the  supplement  to  the  General  Statutes,  a  sum  suppiemen^to 
not  exceeding  three  hundred  dollars  in  addition  to  the  appro-  ute^!'^'"'  ^*"^" 
priation  heretofore  made.  Res.  isor,  is. 

For  the  compensation  and  expenses  of  the  commissioners  commissioners 
on  fisheries,  a  sum  not  exceeding  one  thousand  dollars.  i8C6,^m^^' 

For  extraordinary  repairs  and  improvements  on  the  state  state  house, 
house,  under  the  direction  of  the  sergeant-at-arms,  as  rec-  g.^s!^5^,'  fl';  i-i, 
ommended  by  the  legislative  committee  on  the  state  house,  a  ^*'^" 
sum  not  exceeding  three  thousand  six  hundred  dollars  ;  and 
for  furnishing  the  senate  lobbies,  as  ordered  by  the  senate,  a 
sum  not  exceeding  four  hundred  and  fifty  dollars  ;  and  for 
the  ordinary  repairs,  improvements  and  furniture  for  the  state 
house,  a  sum  not  exceeding  three  thousand  dollars,  the  latter 
in  addition  to  the  appropriation  heretofore  made. 

For  the  contingent  expenses  of  the  senate  and  house  of  contingent  ex- 
representatives,  a  sum  not  exceeding  one  thousand  dollars  in  aud^house^'^'^^*' 
addition  to  the  appropriation  heretofore  made.  g-  s-  i*- 

For  expenses  of  the  board  of  state  charities,  a  sum  not  Board  of  state 
exceeding  two  hundred  dollars  in  addition  to  the  appropria-  ise^m 
tion  heretofore  made. 

For  expenses  incurred  in  the  support  of  state  pauper  con-  state  pauper 
victs,  a  sum  not  exceeding  two  hundred  dollars.  isci^'m 

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

Approved  June  23,  1870. 
An  Act  in  addition  to  an  act  making  appropriations  to  meet  pi^y.   109, 

CERTAIN  EXPENDITURES  AUTHORIZED  THE  PRESENT  YEAR,  AND  FOR    ^"'^P'  ^^'j 
OTHER  PURPOSES. 

Beit  enacted,  ^'c,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appropri-  Appropriatioi^ 
ated  to  be  paid  out  of  the  treasury  of  the  Commonwealth,  authorized. 


316 


1870.— Chapter  408. 


District-attor- 
ney for  Suil'olk, 


Commissioners 
of  prisons. 


Secretary  and 
auditor. 


William  F. 
Jordan. 


Nathaniel 
Haggles. 

William 
Adama. 


Josephine 
Rogers. 

Reports,  laws, 
weights,  &c. 


Codification  of 
railroad  laws. 


Schools  of  Gay 
Head. 


Bureau  of  sta- 
tistics and 
labor. 


Agricultural 
college. 


from  the  ordinary  revenue,  except  in  cases  otherwise  ordered, 
for  the  purposes  specified  in  several  acts  and  resolves  of  the 
present  year,  and  for  other  purposes,  to  wit : — 

111  the  act,  chapter  three  hundred  and  sixty-one,  to  increase 
the  salary  of  the  district-attorney  for  the  Suffolk  district,  the 
sum  of  one  thousand  five  hundred  dollars  in  addition  to  the 
appropriation  heretofore  made. 

In  the  act,  chapter  three  hundred  and  seventy,  concerning 
the  appointment  of  commissioners  of  prisons  and  the  classi- 
fication and  better  discipline  of  prisoners,  a  sum  not  exceed- 
ing one  thousand  dollars  for  the  salary  of  the  secretary,  and 
a  sum  not  exceeding  five  hundred  dollars  for  expenses  of  the 
commissioners  therein  provided  for. 

In  the  act,  chapter  three  hundred  and  eighty,  establishing 
the  salaries  of  the  secretary  and  auditor  of  accounts  of  the 
Commonwealth,  a  sum  not  exceeding  one  thousand  dollars 
for  each,  the  same  to  be  in  addition  to  the  appropriations 
heretofore  made. 

In  the  resolve,  chapter  sixty-four,  in  favor  of  William  F. 
Jordan,  a  sum  not  exceeding  two  hundred  and  ninety  dollars 
for  the  present  year. 

In  the  resolve,  chapter  sixty-five,  in  favor  of  Nathaniel 
Ruggles,  the  sum  of  forty-five  dollars  and  fifty  cents. 

In  the  resolve,  chapter  sixty-six,  in  favor  of  William 
Adams,  the  sum  of  two  hundred  thirty-five  dollars  and  fifty- 
five  cents. 

In  the  resolve,  chapter  sixty-seven,  in  favor  of  Josephine 
Rogers,  the  sum  of  forty-four  dollars. 

.  In  the  resolve,  chapter  seventy,  to  provide  certain  towns 
therein  named  with  law  reports,  and  general  and  special 
laws,  and  with  standard  weights,  measures  and  balances,  a 
sum  not  exceeding  four  thousand  five  hundred  dollars. 

In  the  resolve,  chapter  seventy-one,  relating  to  the  codifi- 
cation of  the  general  railroad  laws,  and  to  other  matters 
therein  specified,  a  sum  not  exceeding  two  thousand  dollars. 

In  the  resolve,  chapter  seventy-two,  in  favor  of  the  schools 
of  Gay  Head,  the  sum  of  one  hundred  and  fifty  dollars,  paya- 
ble from  the  moiety  of  the  income  of  the  Massachusetts 
school  fund  applicable  to  educational  purposes. 

In  the  resolve,  chapter  seventy-four,  concerning  the  bureau 
of  statistics  and  labor,  a  sum  not  exceeding  two  thousand 
five  hundred  dollars,  in  addition  to  the  appropriation  here- 
tofore made. 

In  the  resolve,  chapter  seventy-five,  in  favor  of  the  agri- 
cultural college,  the  sum  of  twenty-five  thousand  dollars. 


1870.— Chapter  408.  317 

In  the  resolve,  chapter  seventy-six,  in   favor   of  Julia   A.  ^"i]^-^' 
Rogers,  the  sum  of  forty-four  dollars.  " 

In  theresolve,  chapter  seventy-seven,  relating  to  Schouler's  sciiouier's  his- 
history  of  Massachusetts  in  the  rebellion,  a  sum  not  exceed-  *°'^^" 
ing  five  thousand  dollars. 

In  the  resolve  in  favor  of  John  F.  Doherty,  the  sum   of  ^^"^  f. 
sixty  dollars. 

In  the  resolve  in  favor  of  the  house  of  the  Good  Shepherd,  House  of  the 
a  sum  not  exceeding  ten  thousand  dollars.  Good  shepherd. 

In  the  resolve  in  favor  of  Peter  and   James   Dougherty,  reter  and 
the  sum  of  thirty-two  dollars.  Do'ugherty. 

In  the  resolve  fixing  the  compensation  of  the  members  of  Legislature  and 
of  the  legislature  and  executive  council,  and  of  other  per-  cufchapfafna'^"' 
sons  therein  named,  a  sum  not  exceeding  two  hundred  nine  °®^^''^'  ^°- 
thousand  nine  hundred  dollars,  viz. : — For  the  compensation 
of  senators  twenty-one  thousand  six  hundred  dollars  ;  for 
the  compensation  of  representatives  one  hundred  fifty-eight 
thousand  five  hundred  dollars  ;  for  the  compensation  of  the 
chaplains  of  the  senate  and  house  of  representatives  four 
hundred  dollars ;  for  the  compensation  of  the  preacher  of 
the  election  sermon  one  hundred  dollars  ;  for  the  compensa- 
tion of  the  lieutenant-governor  and  members  of  the  execu- 
tive council  eight  thousand  dollars  ;  for  the  compensation  of 
door-keepers,  messengers  and  pages  of  the  senate  and  house 
of  representatives,  nineteen  thousand  seven  hundred  dollars ; 
and  for  additional  clerical  assistance  to  the  clerks  of  the  sen- 
ate and  house,  eight  hundred  dollars  each,  the  same  to  be  in 
addition  to  the  appropriations  heretofore  made  for  said  pur- 
poses. 

For  engineering  and  other  expenses  connected  with   the  noosac  tunnel. 
Commonwealth's  supervision  of  the  Hoosac  tunnel,  a  sum 
not  exceeding  twenty  thousand  dollars. 

For  military  accounts  a  sum  not  exceeding  two  thousand  Peabodyobse- 
six  hundred  sixty-two  dollars  and  forty-two  cents  for  military  ^^^^^' 
expenses  incurred  in  connection  with  the  funeral  of  the  late 
George  Peabody,  the  same  to  be  in  addition  to  the  appropri- 
ation heretofore  made  for  military  accounts. 

For  the  contingent   expenses  of  the  executive  council,  a  Executive 
sum  not  exceeding  one  thousand  dollars  in  addition  to  the  *'°"°*^^' 
appropriation  heretofore  made. 

For  the  completion  of  the  record  of  Massachusetts  soldiers  Record  of  Mass. 
as  authorized  by  chapter  ninety-eight  of  the  resolves  of  the  ^*'^'"*'^^- 
year  eighteen  hundred   and  sixty-six,  a  sum  not  exceeding 
three  thousand  five  hundred  dollars  in  addition  to  the  appro- 
priation heretofore  made. 


318 


1870.— Chapter  409. 


House  commit- 
tee of  1869,  on 
the  Common- 
wealth's flats. 


Advertising, 
messenger,  &c. 


Salute. 


Report  of  share- 
holders in  na- 
tional banks. 


Stationery  for 
house  of  repre- 
sentatives. 


Clerks  of  senate 
and  house  of 
representa- 
tives. 


Reporter  of  de- 
cisions of  S.  J. 
C, 


Chap.  409 


Appropriations 
authorized. 


Troy  and 
Greenfield  Rail- 
road. 


Advisory  board, 
oommissioners 
of  prisons. 


Amzi  Hosmer. 


For  the  compensation  and  expenses  of  the  house  committee 
mi  the  Commonwealth's  fiats,  appointed  in  the  year  eighteen 
hundred  and  sixty-nine,  a  sum  not  exceeding  one  thousand 
two  hundred  twenty-one  dollars  and  eighty-five  cents. 

For  sundry  advertising,  and  for  the  compensation  of  the 
messenger  and  engineer  of  the  house  committee  on  the  Com- 
monwealth's flats  appointed  in  the  year  eighteen  hundred  and 
sixty-nine,  a  sum  not  exceeding  five  hundred  seven  dollars 
and  twenty  cents. 

For  firing  a  salute  in  commemoration  of  the  acceptance  of 
the  fifteenth  amendment,  as  ordered  by  the  legislature,  a  sum 
not  exceeding  one  hundred  and  sixty-five  dollars. 

For  printing  the  report  of  the  shareholders  in  national 
banks,  a  sum  not  exceeding  three  hundred  sixty-one  dollars 
and  forty-five  cents,  in  addition  to  the  appropriation  hereto- 
fore made. 

For  stationery  ordered  by  the  clerk  of  the  house  of  repre- 
sentatives, a  sum  not  exceeding  three  hundred  dollars  in 
addition  to  the  appropriation  heretofore  made. 

For  the  compensation  of  the  clerk  of  the  senate  and  clerk 
of  the  house  each,  five  hundred  dollars  in  addition  to  the 
sum  theretofore  [appropriated,  which  shall  be  allowed  and 
paid. 

For  the  reporter  of  the  decisions  of  the  supreme  judicial 
court  in  addition  to  his  salary,  a  sum  not  exceeding  five  hun- 
dred dollars,  to  be  used  exclusively  for  clerical  assistance. 

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

■  Approved  June  23,  1870. 

An  Act  in  further  addition  to  an  act  making  appropriations 
to  meet  certain  expenditures  authorized  the  present  year, 
and  for  other  purposes. 

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

Section  1.  The  sums  hereinafter  mentioned  are  appropri- 
ated to  be  paid  out  of  the  treasury  of  the  Commonwealth, 
from  the  ordinary  revenue,  except  in  cases  otherwise  ordered, 
for  the  purposes  specified  in  certain  acts  and  resolves  of  the 
present  year,  and  for  other  purposes,  to  wit : — 

In  the  act,  chapter  two  hundred  and  fifty-two,  concerning 
the  Troy  and  Greenfield  Railroad,  a  sum  not  exceeding  one 
hundred  thousand  dollars. 

In  the  act,  chapter  three  hundred  and  seventy,  concerning 
the  appointment  of  commissioners  of  prisons,  a  sum  not  ex- 
ceeding two  hundred  dollars  for  expenses  of  the  advisory 
board  of  overseers  therein  provided  for. 

In  the  resolve  in  favor  of  Amzi  Hosmer,  the  sum  of  eighty- 
eight  dollars. 


1870.— Chapter  409.  319 

For  fees  and  expenses  for   summoning  witnesses  before  Legislative  ex- 
committees  of  the  legislature  in  eighteen  hundred  and  sev-  p^"*^^' 
enty  and  previous  years,  a  sum  not  exceeding  two  hundred 
dollars.     For  expenses  of  legislative  committees,  a  sum  not 
exceeding  one  thousand  dollars  in  addition  to  the  appropria- 
tion heretofore  made  for  the  present  year. 

For  the   compensation   and   expenses  of  the   state   police  state  police. 
with  the  maximum  force  from  January  first,  to  February  fif- 
teeiith  of  the  present  year,  a  sum  not  exceeding  fifteen  thou- 
sand dollars. 

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

Approved  June  23,  1870. 


1 

I 


RESOLVES, 

GE:jfEEAL    AND     SPECIAL. 


Resolve  for  providing  boarding-houses  for  the  state  normal  ni^.^       i 

SCHOOLS  AT  BRIDGEWATER  AND  FRA3IINGHAM.  ^llajJ.         1. 

Resolved,  That  the   commissioners  of  the   Massachusetts  commissioners 
school  fund  be,  and  they  are  hereby  authorized  and  directed,  may'ioan^""'' 
with  the  approval  of  the  a-overnor  and  council,  to  loan  from  money  to  board 

It  <~j  7  Qi  eclucjitioii  for 

said  fund  to  the  board  of  education,  in  addition  to  the  sums  boarding- 
named  in  the  seventeenth  and  seventy-eighth  chapters  of  the  m°aV'schooi"°at 
resolves  of  the  year  one  thousand  eight  hundred  and  sixty-  and'firming- 
nine,  a  sum   not  exceeding  fifteen  hundred  dollars  for  pro-  ^''i™- 
viding  and  furnishing  a  boarding-house  for  the  state  normal 
school  at  Bridgewater,  and   a  sum  not  exceeding  six  thou- 
sand  five  hundred   dollars  for  providing  and  furnishing  a 
boarding-house  for  the  state  normal  school  at  Framingliam. 

Said  loans  to  be  made  upon  the  terms  and  conditions  ex- 
pressed in  said  seventeenth  chapter  of  the  resolves  of  the 
year  one  thousand  eight  hundred  and  sixty-nine. 

Approved  February  7,  1870. 

KeSOLVE   AUTHORIZING  THE  TREASURER    TO    BORROW   MONEY  IN   AN-    pi  n 

TICIPATION  OF  THE  REVENUE.  L'flCip.         Z, 

Resolved,  That  the  treasurer  and  receiver-general  be,  and  Treasurer  may 
he  hereby  is,  authorized  to  borrow,  in  anticipation  of  the  re-  to^me^t  ^nu^^ 
ceipts  of  the  present  year,  such  sums  of  money  as  may,  from  "^^y  demands 
time  to  time,  be  necessary  for   the  payment  of  the  ordinary  ^^^'^  ^easury. 
demands  on  the  treasury,  at  any  time  before  the  expiration 
of  fifteen  days  after  the  meeting  of  the  next  general  court,  at 
such  rate  of  interest  as  shall  be  found  necessary  ;  and  that 
he  repay  any  sum  he  may  borrow  under  this  resolve,  as  soon 
as  money  sufficient  for  the  purpose  and  not  otherwise  appro- 
priated shall  be  received  into  the  treasury. 

Approved  February  11,  1870. 
Resolve  in  relation  to  a  certain  deed  of  thomas  looby.        pi  o 

Resolved,  That   the   deed  from  Thomas  Looby,  adminis-  Deed  from 
trator  of  the  estate  of  Edward  Keating,  late  of  Salem  in  this  T'lomas  Looby, 
Commonwealth,   deceased,  to  Samuel  F.  Larrabee,  which  coXmed?*"'^' 

41 


322 


1870.— Chapters   4,   5,  6. 


Chap.     4. 

Additional 
clerical  assist- 
since. 


deed  is  recorded  in  the  registry  of  deeds  for  the  southern 
district  of  Essex,  in  book  588,  page  27,  shall  be  as  valid  to 
pass  an  estate  in  fee  simple,  in  and  to  the  lands  therein  de- 
scribed, as  if  the  said  administrator  had  not  exceeded  his 
authority  in  selling  more  lands  than  his  license  authorized. 

Approved  February  11,  1870. 
Resolve  authorizing  the  governor  to  employ  for  the  present 

YEAR  additional  CLERICAL  ASSISTANCE. 

Resolved,  That  his  excellency  the  governor,  be  authorized 
to  employ  for  the  present  year  such  clerical  assistance  as  he 
may  deem  necessary,  in  copying  the  correspondence  of  the 
executive  department  growing  out  of  the  exigencies  of  the 
late  war ;  and  that  there  be  allowed  and  paid  for  this  purpose 
out  of  the  treasury  of  the  Commonwealth,  a  sum  not  exceed- 
ing two  thousand  four  hundred  dollars. 

Approved  February  11,  1870. 

Chap.      5.  Resolve  providing  for  the  completion  of  dwelling-houses  for 
the  use  of  the  officers  of  the  state  prison. 

eslooo  to^com-        Resolved,  That  in  addition  to  the  sum  of  twenty-five  thou- 
piete  dwelling-  gan(j  dollars,  provided  by  chapter  thirty-six  of  the  resolves  of 

houses  at  state  -i  i  -,       i  i-,         •  /•i-»t         ,        i 

prison.  the  year  eighteen  hundred  and  sixty-nme,  tor  building  twelve 

dwelling-houses  for  the  use  of  the  officers  of  the  state  prison, 
the  governor  and  council  are  hereby  authorized  to  expend  a 
further  sum  of  five  thousand  dollars  in  completing  said 
dwelling-houses,  grading  the  yards,  and  in  building  neces- 
sary fences  around  the  same  ;  the  money  which  may  be  ap- 
propriated for  this  purpose  to  come  out  of  the  unexpended 
balance  of  the  sum  provided  by  chapter  ninety-nine  of  the  re- 
solves of  the  year  eighteen  hundred  and  sixty-nine,  for  recon- 
structing workshops  at  the  prison.    Approved  February  17,  1870. 

Chap.      6.  Resolve  in  favor  of  the  temporary  asylum  for  discharged 

female  prisoners  at  dedham. 
^I^orranceof         R,esolved,  That   there   be  allowed  and  paid  out  of  the 

$2,500,  if  a  like  n     ■,        /-,  iii  r>  jr-i 

sum  is  realized  trcasury  ol  the  Commonwcalth  the  sum  oi  twenty-nve  hun- 
frrafprivate'^"  drcd  dollars  to  the  Temporary  Asylum  for  Discharged  Fe- 
donations.  nialc  PHsouers  at  Dedham  :  provided,  that  a  like  sura  for  the 
purposes  of  said  asylum  shall  be  realized  during  the  current 
year  from  private  donations,  a  sworn  certificate  of  which  shall 
be  deposited  with  the  auditor  of  the  Commonwealth  before 
said  sum  of  twenty-five  hundred  dollars  shall  be  paid  out  of 
the  treasury.  The  managers  of  said  asylum  shall  report  to 
the  board  of  state  charities  an  account  of  its  receipts  and  ex- 
penditures for  the  current  year,  in  accordance  with  the  pro- 
visions of  chapter  two  hundred  and  forty-three  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-seven. 

Approved  February  21,  1870. 


1870.— Chapters    7,  8,   9.  323 

Resolve  in  favor  of  Caroline  brigham.  Chcit).      7 

Resolved,  For  reasons  set  forth  in  the  petition  of  Caroline  Allowance  for 
Brigham,  that  she  be  allowed  and  paid  out  of  the  treasury  of  ^^^^^  '^"^• 
the  Commonwealth  the  sum  of  eighty-eight  dollars,  and  that 
from  and  after  January  first,  eighteen  hundred  and  seventy, 
she  receive  the  same  state  aid  that  she  would  be  entitled  to 
receive  had  her  husband,  at  the  time  of  his  death,  be  counted 
in  the  quota  of  Massachusetts.         Approved  February  21, 1870. 

Resolve   directing  the  transfer  of   two  hundred  thousand  Chap.      8. 

DOLLARS  to  THE  MASSACHUSETTS  WAR   LOAN  SINKING  FUND.  ^  ' 

IVIiereas,  Chapter  seventy  of  the  resolves  of  the  year  one  f^^'^^^f  b°*j^ 
thousand  eight  hundred  and  fifty-seven,  provides  that  all  iiay  lands. 
money  received  as  the  proceeds  of  the  sales  of  lands  in  the 
Back  Bay  shall  be  paid  into  the  treasury  of  the  Common- 
wealth, and  that  the  governor  may,  from  time  to  time,  draw 
his  warrant  on  the  treasury,  payable  to  the  order  of  the  com- 
missioners on  the  Back  Bay,  for  so  much  of  said  proceeds  of 
sales,  not  exceeding  one  moiety,  as  the  commissioners  may 
require  for  the  purposes  named  in  said  resolve  ;  and, 

IMiereas,  Chapter  one  hundred  and  twenty-three  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-five,  provides 
that  all  the  receipts  from  the  sales  of  Back  Bay  lands,  less 
the  expenses  of  commissioners,  and  of  filling  and  preparing 
the  lands  for  sale,  and  also,  all  the  net  receipts  from  sales  of 
other  public  lands  or  flats  not  already  appropriated  for  spe- 
cific purposes,  shall  be  paid  to  the  sinking  fund,  established 
for  the  redemption  of  the  Massachusetts  War  Fund  ;  and. 

Whereas,  There  is  now  in  the  treasury  to  the  credit  of  the 
commissioners  on  the  Back  Bay  a  balance  of  the  moiety  of 
receipts  greater  than  will  be  required  for  the  prospective  ope- 
rations of  said  commissioners ; 

Resolved,  That  the  treasurer  of  the  Commonwealth  be  di-  $-200,000  to  be 
rected  to  transfer  the  sum  of  two  hundred  thousand  dollars  Masl.warLo°an 
from  the  credit  of  the  commissioners  on  the  Back  Bay  to  the  ^'^^'^^e  Fund, 
sinking  fund  established  for  the  redemption  of  the   Massa- 
chusetts War  Loan  Fund.  Approved  February  28, 1870. 

Resolve    in    favor    of  the  springfield  home  for  friendless  nhnri       9 

WOMEN   AND    CHILDREN.  ^' 

Resolved,    That  there  be  allowed  and  paid  out  of  the  $2,000  to 
treasury  of  the  Commonwealth  the  sum  of  two  thousand  Hj)m"e^fbr 
dollars  to  the  Springfield  Home  for  Friendless  Women  and  ^^omei?^  like 
Children  :  provided,  that  the  said  institution  shall,  during  the  |"™  is  realized 
current  year,  realize  a  like  sum  from  private  donations,  a  donations. 
sworn  certificate  of  which  shall  be  deposited  with  the  auditor 
before  said  sum  of  two  thousand  dollars  shall  be  paid  from 


324  1870.— Chapters  10,  11,   12,  13. 

the  treasury.  The  managers  of  said  home  shall  report  to  the 
board  of  state  charities,  as  required  by  chapter  two  Imndred 
and  forty-three  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-seven.  Approved  March  11,  1870. 

Chap.    10.  Resolve  in  favor  of  the  new  England  hospital  for  women 

AND    CHILDREN. 

^}^?,Z°-J"^''  °^        Resolved,  That  there  be  allowed  and  paid  to  the  New  Eng- 

$1,000  for  sup-         ,  1     XT  •  ^      r-  TTT  T        /~ll     M    T  PI 

port  of  indigent  land  Hospital  lor  Women  and  Children,  out  oi  the  treasury 
patients.  ^^  ^j^^  Commouwealth,  the  sum  of  one  thousand  dollars,  to 

aid  in  defraying  the  expenses  of  indigent  patients  in  said  in- 
Provisos.  stitution  :  provided,  that  the  secretary  and  agent  of  the  board 

of  state  charities  shall  have  authority  to  visit  said  hospital 
for  the  examination  of  cases  of  pauperism ;  and  the  agent 
shall  use  all  reasonable  care  to  collect  the  cost  of  support  in 
such  cases  from  parties  legally  chargeable  therewith,  and  to 
remove  patients  having  no  settlement  in  this  Commonwealth  ; 
and  provided,  also,  that  an  equal  amount  shall  be  raised  from 
other  sources  for  the  purposes  of  the  institution ;  and  pro- 
vided, also,  that  the  managers  of  said  hospital  shall  report  to 
the  board  of  state  charities,  as  required  by  chapter  two  hun- 
dred and  forty-three  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-seven.  Approved  March  11,  1870. 

Chat)     11  Resolve  in  favor  of  lyman  dimock. 

Allowance  for        Resolved,   That  there  be  allowed  and   paid   out   of  the 
jniieage.  treasury   of    the    Commonwealth,  to    Lyman    Dimock,   of 

Palmer,  the  sum  of  seventeen  dollars,  for  mileage  as  a 
member  of  the  house  of  representatives  of  eighteen  hun- 
dred and  sixty-nine.  Ajw^ved  March  11, 1870. 


Chap.  12. 


Resolve  authorizing  the  issue  of  arms  to  the  high  school 
OF  charlestown. 

Governor  may  Resolvcd,  That  the  govcmor  be,  and  is  hereby  authorized 
Charlestown*  to  issuc  to  the  city  of  Charlcstowu  such  arms  for  the  use  of 
fo^^^eofiiigh  tiie  high  school  in  said  city,  as  in  his  judgment,  may  be  so 
distributed  without  detriment  to  the  militia  service :  provided, 
the  city  of  Charlestown  shall  be  held  responsible  for  the  re- 
turn of  said  arms  in  good  order  and  condition,  whenever  the 
governor  shall  so  direct.  Approved  March  11, 1870. 

Chan     IS  Resolve  in  favor  of  the  city  of  taunton. 

Allowance  of         Resolved,  That   there   be   allowed  and   paid   out  of  the 
^^'^'  treasury  of  the  Commonwealth  to  the  city  of  Taunton,  the 

sum  of  two  hundred  and  seventy-five  dollars,  for  rent  of  ar- 
mory. Approved  March  15,  1870. 


1870.— Chapters   14,  15,  16,   17.  325 

Resolve    in   favor   of   the   state    almshouse    axd    primary  (37^^n.    14. 

SCHOOL   at    MOXSON.  ^' 

Resolved.  That  there  be  allowed  and  paid  out  of  the  treas-  f  "o^'ice  of 

„      ,       '  _,  ,   ,  ^  ,,  .     ,  $16,000  for 

ury  01  the  Commonwealth,  a  sum  not  exceeding  sixteen  steam  heating 
thousand  dollars,  for  the    purpose  of  furnishing  the  state  '''pp^^'^^^^- 
almshouse  and  primary  school  at  Monson,  with  the  proper 
apparatus  for  heating  the  same  by  steam ;  the  same  to  be 
payable  upon   properly  approved  vouchers,  filed  with  the 
auditor.  Approved  March  15,  1870. 

Resolve  extendixg  the  time  for  distributing  certain  reports  Qhdrt     I5 

OF    THE    cases    ARGUED  IN  THE  SUPREME  JUDICIAL  COURT.  "' 

Resolved,  That  the  time  limited  in  section  three,  chapter  Time  extended 
two  hundred  and  sixty-five  of  the  acts  of  the  year  eighteen  ofWrnreports! 
hundred  fifty-nine,  within  which  the  secretary  of  the  Com- 
monwealth is  authorized  to  furnish  past  volumes  of  certain 
reports  of  the  cases  argued  and  determined  in  the  supreme 
judicial  court,  prior  to  the  passage  of  said  act,  to  such  towns 
as  have  not  received  said  reports,  if  such  towns  shall  apply, 
making  oath  as  is  provided  in  said  act,  be  extended  to  a  pe- 
riod six  months  from  the  passage  of  this  resolve. 

Approved  March  23,  1870. 

Resolve  providing  for  the   purchase  of  land,  and  certain  Qhnjj     lg 

REPAIRS   AND     IMPROVEMENTS     AT     THE     STATE     ALMSHOUSE     AND  ^' 

PRIMARY   SCHOOL    AT    MONSON. 

Resolved,  That  there  be  allowed  and  paid  from  the  treas-  Allowance  of 
ury  of  the  Commonwealth,  a  sum  not  exceeding  two  thou-  fhaTe'^ofLnd'",' 
sand  dollars,  for  the  purchase  of  twenty-seven  acres  of  addi-  ™c'^'"t^gtate'"' 
tional  pasture  land  for  the  state  almshouse  and  primary  .Wsiaouse  at 
school  at  Monson ;  and  a  further  sum  not  exceeding  five    °'^*°^- 
thousand  five  hundred  dollars,  for  relaying  floors,  renewing 
kettles,  building  wood  and  coal  sheds,  raising  and  repairing 
one  of  the  barns,  and  making  such  other  alterations  and  re- 
pairs as  are  required  at  said  institution. 

Approved  March  23,  1870. 

Resolves  concerning  the  cape  cod  ship  canal.  Chnn     1  7 

Resolved,  That  the  proposed  Cape  Cod  Ship  Canal  being  Governor  re- 
a   work   of  national   importance,  the   general   government  i'rTusmit*?eso- 
should,  ill  our  opinion,  aid  that  enterprise  by  the  construe-  lution  to  mem- 

*■  1  •/  DGl'S  Ot  COU" 

tion  of  a  breakwater  at  the  eastern  end  of  the  canal,  when  gress. 
completed,  and  give  in  advance  assurance  of  such  aid ;  and 
that  we  respectfully  request  Congress  to  make  a  sufficient 
grant  for  the  purpose,  payable  in  proportion  as  the  work 
progresses,  or  in  such  other  way  as  may  seem  fit. 


326  1870.— Chapters   18,   19,  20. 

Resolved,  That  the  governor  be  and  he  is  hereby  re- 
quested to  transmit  to  each  of  the  senators  and  representa- 
tives of  this  Commonwealth  a  copy  of  the  foregoing  resolve. 

Approved  April  2,  1870. 

Chan.     18  KeSOLVE   in   favor   of   MARY   DONXOVAN. 

Allowance  for        Resolved,  That  for  reasons  set  forth  in  the  petition  of 
state  aid.  Mary  Donnovan,  there  be  allowed  and  paid  to  her  from  the 

first  day  of  January  of  the  present  year,  the  same  amount  of 
state  aid  that  she  would  have  been  entitled  to  receive  if  the 
cause  of  the  death  of  her  husband  had  been  directly  traceable 
to  disease  contracted  in  the  army.         Approved  April  2, 1870. 

Chan       19     ^^SOLVE   authorizing    the   issue    of     ARMS     TO    THE   BOSTON   COL- 
-^'  '  LEGE   IN   THE   CITY   OF   BOSTON. 

Governor  may        Ilcsolued,  That  the  govcrnor  be  and  is  hereby  authorized 
Boston  College,  to  issuc  to  the  president  of  the  Boston  College,  in  the  city  of 
Boston,  such  arras,  for  the  use  of  said  college,  as,  in  his 
judgment,  may  be  so  distributed  without  detriment  to  the 
Proviso.  militia  service :  provided,  the  president  and  faculty  of  said 

college  shall  give  a  bond,  with  sufficient  sureties,  for  the 
return  in  good  order  and  condition  of  said  arms,  whenever 
the  governor  shall  so  direct.  Ajyproved  April  12,  1870. 

Chan      20     ^^SOLVES   providing     for   THE    DISTRIBUTION   OF    THE   PROVINCIAL 
J-   '  '  LAWS. 

Distribution  of  ResoIved,  That  the  acts  and  laws  of  the  province  of  the 
provincial  laws.  Massachusetts  Bay,  printed  under  authority  of  chapter  eighty- 
seven  of  the  resolves  of  the  year  eighteen  hundred  sixty-seven, 
be  sent  by  the  secretary  of  the  Commonwealth  to  the  same 
persons  and  corporations  to  whom  the  term  reports  of  the 
supreme  judicial  court  are  now  sent  by  law  ;  that  in  addition 
thereto,  copies  thereof  not  exceeding  three  hundred  in  num- 
ber, be  distributed  in  such  manner  as  the  secretary  of  the 
Commonwealth,  and  the  commissioners  appointed  to  super- 
intend the  printing  of  said  laws  shall  determine  ;  and  that 
the  secretary  be  authorized  to  sell  the  remainder  of  the 
edition  in  sets  for  the  benefit  of  the  Commonwealth,  at  a 
sum  equal  to  the  average  cost  of  paper,  printing  and  binding. 
Ecpeai.  Resolved,  That  so  much  of  chapter  eighty-seven  of  the 

resolves  of  the  year  eighteen  hundred  sixty-seven  as  provides 
for  the  distribution  of  said  laws  be,  and  hereby  is,  repealed. 

Approved  April  15,  1870. 


1870.— Chapters   21,  22,  23.  327 

Resolves  providing  for  the  publicatiox  of  certain  special  Q]i(m,   21. 

LAWS.  '     ^  ' 

Resolved,  That  the  special  acts  of  this  Commonwealth,  ^P^f f/^'^Z^^gg^ 
passed  from  the  year  one  thousand  eight  hundred  and  sixty-  iscoandis-o 
six,  to  the  year  one  thousand  eight  hundred  and  seventy,  pubilshe'd.**'  ^'^ 
both  years  inclusive,  be  collated  and  published  under  the 
direction  of  the  secretary  of  the  Commonwealth,  in  a  volume 
as  nearly  as  may  be  in  conformity  with  the  volumes  of  the 
special  laws  heretofore  published,  and  that  a  full  and  com- 
plete index  of  the  matter  contained  therein  be  appended  to 
said  volume. 

Resolved,  That  fifteen  hundred  copies  of  the  special  laws  ^^|^^l[je*^'^'^ 
aforesaid  shall  be  printed,  and  shall  be  distributed  as  follows  :  ' 
One  hundred  copies  for  the  use  of  the  various  offices  and 
committee  rooms,  and  for  the  two  branches  of  the  legisla- 
ture ;  two  hundred  copies  for  the  state  library,  for  duplicates 
and  exchanges ;  one  copy  to  each  city  and  town  in  the  Com- 
monwealth ;  one  copy  to  each  member  of  the  present  legis-     • 
iature ;  one  copy  to  each  public  and  incorporated  library  in 
the  Commonwealth,  and  the  remaining  copies  to  be  disposed 
of  by  the  secretary  of  the  Commonwealth  to  individual  pur- 
■  chasers  at  cost :  provided,  that  no  copies  shall  be  sold  for 
the  purposes  of  re-sale.  Approved  April  18, 1870. 


Resolve  ix  favor  of  darius  negus.  ChciD.    22. 

Resolved,  That  there  be  allowed  and  paid  from  the  AUowance  for 
treasury  to  Darius  Negus,  of  Fall  River,  the  sum  of  one  ®**'®  ^^^' 
hundred  and  ninety-two  dollars  for  state  aid ;  and  that  on 
and  after  the  first  day  of  January,  in  the  year  one  thousand 
eight  hundred  and  seventy,  said  Negus  and  his  minor  children 
shall  be  taken  and  deemed  entitled  to  receive  state  aid,  as 
provided  in  chapter  one  hundred  and  thirty-six  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-seven. 

Approved  April  22,  1870. 


Chap.  23. 


Resolve  in  relation  to  the  expenditures  of  the  common- 
wealth FOR  THE  REDEMPTION  OF  THE  SCRIP  ISSUED  FOR  THE 
benefit  OF  THE  EASTERN  RAILROAD  COMPANY  AND  THE  NOR- 
WICH  AND    WORCESTER   RAILROAD    COMPANY. 

Resolved,  That  the  treasurer  of  the  Commonwealth  be  Treasurer  to 
and  he  is  hereby  directed  forthwith  to  make  demand  upon  ni"nt  from^' 
the  Eastern  Railroad  Company,  and  the  Norwich  and  AYor-  ^-'^^4*;^,^  l^^ 
cester  Railroad  Company,  respectively,  for  the  payment  of  Worcester Rau- 
all  sums  of  money  which  have  heretofore  been  expended  by  expeuded"b™* 
the  Commonwealth  to  redeem  the  principal  and  interest  of  11^1^^°  redeem 
scrip  issued  by  the  Commonwealth  for  the  benefit  of  said 
corporations,  and  which  have  not  been  already  repaid  by  said 


328  1870.— Chapters   24,  25,  26. 

corporations  to  the  Commonwealth,  together  with  interest  on 
all  said  unpaid  sums  from  the  time  of  each  payment ;  and  if 
said  corporations  shall  not  within  three  months  from  the 
passage  of  this  resolve  pay  all  said  sums  of  money  into  the 
treasury  of  the  Commonwealth,  with  interest,  it  shall  be  the 
duty  of  said  treasurer  to  certify  the  fact  to  the  attorney- 
Attorney-gen-    general ;  and  the  attorney-general  is  directed  thereupon  to 

eral  to  institute   •       ,-,     ±11  tj.  f  -i-j 

legal  proceed-    mstitutc  legal  proceedings  to  enforce  against  said  corpora- 
noli^-paymentf    tions,  respectively,  the  payment  of  said  claims  of  the  Com- 
monwealth. Approved  Ajyril  22,  1870. 

Chan.    24.  Kesolve  granting  taxes  to  the  several  counties. 

County  taxes,  Resolved,  That  tliB  siims  placed  against  the  names  of  the 
several  counties  in  the  following  schedule,  be  and  hereby  are 
granted  as  a  tax  for  each  county,  respectively,  to  be  collected 
and  applied  according  to  the  law,  viz.  : — 

Barnstable,  fifteen  thousand  dollars ;  Berkshire,  forty-seven 
thousand  dollars  ;  Bristol,  fifty-five  thousand  dollars  ;  Dukes 
County,  four  thousand  eight  hundred  dollars ;  Essex,  one 
hundred  and  twenty  thousand  dollars  ;  Franklin,  twenty-five 
thousand  dollars  ;  Hampden,  thirty-eight  thousand  five  hun- 
dred dollars ;  Hampshire,  thirty-three  thousand  dollars ; 
Middlesex,  one  hundred  and  sixty  thousand  dollars  ;  Nor- 
folk, sixty-five  thousand  dollars  ;  Plymouth,  forty  thousand 
dollars  ;  Worcester,  one  hundred  and  twenty  thousand  dol- 
lars. Approved  April  25,  1870. 

ChciV     25    ^^solve  in  relation  to  the  agricultural  societies   of  the 

■^'  '  COMMONWEALTH. 

Board  of  agri-      Resolved,  That  the  state  board  of  agriculture  be  required 

tfgatrmauagl-  to  investigate  the  whole  system  and  management  of  the  seve- 

^ricuitur'ai       ^'^^  agricultural  societies,  recipients  of  state  bounty,  especi- 

rrort^to^ie^is-  ^^^^  ^^  ^^  ^^^®  application  of  moneys  received  from  the  state 

lature.       "     treasury  ;  the  departures,  if  any,  from  the  plain  and  obvious 

object  of  the  Commonwealth  in  the  bestowal  of  her  bounties, 

to  wit,  the   advancement  of  agriculture  and  the    mechanic 

arts  ;  and  report  the  results  of  their  investigation  to  the  next 

legislature,  that  the  charters  of  the  delinquent  societies  may 

be  repealed.  Approved  April  25,  1870. 

ChatJ     26    I^^solve  in  aid  of  the  Massachusetts  charitable  eye  and  ear 

^  '  '  INFIRMARY. 

Allowance  of         Resolvccl,  That  thcrc  be  allowed  and  paid  out  of  the  treas- 
itawe  ^pirpoTe's  ury  of  the  Commonwcalth,  the  sum  of  six  thousand  dollars,  to 
of  infirmary,      ^lic  Massachusetts  Charitable  Eye  and  Ear  Infirmary,  to  be  ex- 
pended under  the  direction  of  the  trustees   thereof,  for  the 
charitable  purposes  of  said  infirmary  during  the  present  year ; 


1870— Chapters  27,  28,  29,  30.  329 

and  the  said  trustees  shall  report  to  the  board  of  state  chari- 
ties, as  required  by  chapter  two  hundred  and  forty-three  of 
the  acts  of  the  year  eigliteen  hundred  and  sixty-seven. 

'Approved  April  25,  1870. 

Resolve  in  favor  of  the  avashixgtonian  home.  ChttT).    27. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  treas-  Allowance  of 
ury  to  the  treasurer  of  the  Washingtonian  Home,  to  be  ex-  i^tawe  purposes! 
pended  by  the  directors  for  the  charitable  purposes  of  the  in- 
stitution, in  providing  a  refuge  for  inebriates,  and  means  for 
reforming  them,  the  sum  of  six  thousand  dollars.     The  direc-  Directors  to 
tors  shall  report  to  the  board  of  state  charities  as  required  by  board  of  state 
law,  a  detailed  account  of  the  amount  contributed  by  indi-  '''^'^"ties, 
viduals,  the  total  income  and  expenses  of  the  institution,  the 
number  of  patients  admitted,  tlie  average  time  each  remains, 
the  average  cost  per  week  of  each,  the  number  that  pay  or  con- 
tribute towards  the  expenses  of  the  institution,  the  amount 
each  pays  per  week,  and  the  result  of  their  treatment,  so 
far  as  can  be  ascertained.  Approved  April  25, 1870. 

Resolve  ix  favor  of  the  house  of  the  angel  guardian.  CIlCip.    28. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  Allowance  of 
ury  the  sum  of  thirty-five  hundred  dollars  to  the  trustees  of  fum'^is  reauze^d 
The   House  of  the   Angel   Guardian,  in   Boston  :  provided,  ^o^^cs!^^ 
that  a  like  sum  of  thirty-five  hundred   dollars  shall  be  real- 
ized by  said  trustees  from  other  sources,  during  the  current 
year,  a  sworn  certificate  of  which  shall  be  deposited  with  the 
auditor  of  the  Commonwealth,  before  the  said  sum  of  thirty- 
five  hundred  dollars  shall  be  paid  from  the  treasury.     The 
trustees  of  said  institution  shall  annually  report  to  the  board 
of  state  cliarities  an  account  of  their  receipts   and  expendi- 
tures, in  accordance  with  the  provisions  of  chapter  two  hun- 
dred and  forty- three  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-seven  ;  and  said  board  shall  have  the  right  at  all 
times  to  visit  and  inspect  said  institution. 

Approved  April  25,  1870. 

Resolve  in  favor  of  george  w.  parsons.  Chap.   29. 

Resolved,  That  there   be   allowed   and   paid   out  of  the  Allowance  for 
treasury  to  George  W.  Parsons,  from  and  after  January  first,  ^t^*^'^''^- 
eighteen  hundred   and  seventy,  state  aid  at  the  rate  of  six 
dollars  per  month.  Approved  April  25, 1870. 

Resolve  in  favor  of  louisa  gould.  ChciT)     30 

Resolved,  That  for   reasons   set  forth  in  the   petition  of  Allowance  of 
Phineas  B.  Gould,  there  be  allowed  and  paid  from  the  treas-  loVid.^*^*^^** 
ury  the  sum  of  forty-four  dollars  to  Louisa  Gould,  wife  of 
said  Phineas  B.  Gould.  Approved  April  25, 1870. 

42 


330 


1870.— Chapters  31,  32,  33,  34. 


Chap.  31. 

AlloAvance  for 
state  aid. 


Resolve  ix  favor  of  lucretia  w.  daxiels. 

Resolved,  That  there  be  allowed  and  paid  from  the  treas- 
ury to  Lucretia  W.  Daniels,  the  sum  of  ninety-six  dollars  ; 
and  that  from  and  after  the  first  day  of  January,  eighteen 
hundred  and  seventy,  she  and  her  minor  children  shall  be 
entitled  to  receive  the  same  amount  of  state  aid  she  would 
have  been  entitled  to  receive  had  her  husband  at  the  time  of 
his  death  counted  on  the  quota  of  the  state. 

Approved  April  25,  1870. 

Chap.  32.  Resolve  relating  to  the  xormal  school-house  at  salem. 
Resolved,  That  a  sum  not  exceeding  twenty-five  thousand 
dollars  be  advanced  from  the  treasury,  in  anticipation  of  the 
moiety  of  the  income  of  the  school  fund  applicable  to  educa- 
tional purposes  other  than  the  public  schools,  to  be  expended 
under  the  direction  of  the  board  of  education,  in  the  enlarge- 
ment and  reconstruction  of  the  normal  school-house  at  Salem, 
and  in  procuring  suitable  furniture  for  the  same :  provided, 
that  the  city  of  Salem  will  convey  to  the  Commonwealth  such 
a  title  to  the  lands  needed  therefor,  as  shall  be  satisfactory 
to  the  attorney-general.  The  treasury  shall  be  reimbursed 
for  the  money  so  advanced  out  of  said  moiety  of  the  future 
income  of  the  school  fund  as  follows,  viz. :  the  sum  of  eight 
thousand  five  hundred  dollars,  the  present  year  ;  the  sum  of 
eight  thousand  five  hundred  dollars  in  the  year  eighteen 
hundred  and  seventy-one  ;  and  the  balance  in  the  year  eigh- 
teen hundred  and  seventy-two.  Approved  April  28,  1870. 


Twenty-five 
thousand  dol- 
lars may  be  ex- 
pended by 
board  of  educa- 
tion for  enlarge- 
ment, &c.,  of 
normal  school- 
house  in  Salem. 

Proviso. 


Chap.  33. 

Allowance  to 


Resolve  in  favor  of  certain  officers  in  the  volunteer  militia. 


Resolved,  That  there  be  allowed  and  paid  to  the  several 
ofmiiftary  ^^^^  officcrs  named  in  the  certificates  to  the  auditor  of  the  Com- 
property.  mon wealth,  made  by   the   adjutant-general  on  the  twenty- 

eighth  day  of  June,  eighteen  hundred  and  sixty-nine,  and 
the  twelfth  day  of  February,  eighteen  hundred  and  seventy, 
the  sums  set  against  their  names  respectively,  under  the  pro- 
visions of  chapter  two  hundred  and  sixty-six  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-seven,  and  chapter  two 
hundred  and  five  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-nine.  Approved  Maij  6, 1870. 


Chap.  34. 

Allowance  for 
state  aid. 


Resolve  in  favor  of  Bridget  brady. 
Pvesolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
ury, to  Bridget  Brady  of  Boston,  from  and  after  the  first  day 
of  January,  eighteen  hundred  and  seventy,  the  same  state  aid 
she  would  have  been  entitled  to  receive  had  the  name  of  her 
husband,  Michael  Brady,  been  borne  upon  the  rolls  as  a  part 
of  the  quota  of  the  Commonwealth.      Approved  May  G,  1870. 


1870.— Chapters   35,  36,  37,  38,  39.  331 

Resolve  in  relatiox  to  the  claim  of  george  m.  westox.  Chan     35 

Resolved,  That  the  governor  and  council  be  and  are  here-  ciaim  of  George 
by  authorized  to  examine  alone,  or  in  concurrence  with  the  beexamiued° 
governor  and  council  of  Maine,  all  and  every  claim  that  may  and  report 

iiiiitiG  to  Icfins* 

be  presented  to  them  by  George  M.  Weston,  late  of  Maine,  lature. 
for  services  rendered,  and  moneys  promised  or  expended  by 
him  in  aiding  the  collection  of  the  claim  of  Massachusetts 
against  the  general  government,  for  services  of  lier  soldiers 
in  the  last  war  with  Great  Britain ;  and  they  are  hereby  em- 
powered, in  furtherance  of  this  subject,  to  send  for  persons 
and  papers ;  and  report  the  result  of  their  investigation  to 
the  next  general  court.  Approved  May  9, 1870. 

Resolve  relating  to  the  records  of  the  town  of  mendon.       Chap.   36. 
Resolved,  That  the  transcript,  in  two  volumes,  of  the  first  copies  of 

records  ox  tottti 

three  books  of  births,  marriages,  deaths  and  miscellaneous  ofjtendonto 
matters,  of  the  town  of  Mendon,  made  by  order  and  author-  aJui'efflTar*'^ 
ity  of  said  town,  by  Preserved  S.  Thayer,  in  the  year  eighteen  ^llf^^^ 
hundred  and  forty-two,  and  certified  by  him  to  be  a  true 
copy ;  and  the  transcript  in  one  volume,  of  the  first  book  of 
the  records  of  said  town  of  Mendon,  containing  the  acts  and 
transactions  of  the  town,  at  legal  meetings  thereof,  held  be- 
tween the  seventh  day  of  June  in  the  year  sixteen  hundred 
and  sixty-seven  and  the  thirtieth  day  of  August  in  the  year 
seventeen  hundred  and  twenty-five,  and  of  the  other  matters 
contained  in  said  first  book  of  records,  made  by  the  order  and 
authority  of  said  town,  by  John  George  Metcalf,  in  the  year 
eighteen  hundred  and  forty-six,  and  certified  by  him  to  be  a 
true  copy,  shall  have  the  same  force  and  effect,  when  depos- 
ited among  the  records  of  the  town  of  Mendon,  as  if  the  same 
were  the  original  records.  Approved  May  9,  1870. 

Resolve  in  favor  of  sarah  sadler.  Chan     *^7 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  Allowance  of 
ury  to  Sarah  Sadler,  widow  of  Henry  S.  Sadler,  late  a  private  ^*^" 
in  company  G  of  the  eighth  Massachusetts  regiment,  the  sum 
of  forty-eight  dollars.  Approved  May  12,  1870.     ^ 

Resolve  in  favor  of  Catherine  reed.  Chan     SS 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  Allowance  for 
ury  to  Catherine  Reed,  the  sum  of  sixty  dollars  for  arrears  ^^^^^  ^^^' 
of  state  aid.  Approved  May  12,  1870. 

Resolve  in  favor  of  edwin  mayberrt.  Chan     SQ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  Allowance  of 
ury  to  Edwin  Mayberry  of  Edgartown,  the  sum  of  one  hun-  medica/"'" 
dred  and  thirty-eight  dollars  and  twenty-six  cents,  in  full  for  services,  &c. 


332 


1870.— Chapters  40,  41,  42,  43. 


Allowance  for 
educational 
purposes  in 
district  of 
Marslipee. 


medicine  and  medical  services  rendered  to  individuals  of  the 
Chappequiddic  tribe  of  Indians,  to  January  first,  eighteen 
hundred  and  seventy.  Approved  May  12, 1870. 

Chap.     40.   KeSOLVE  GRAXTIKG  aid  for  schools  IX  THE  DISTRICT  OF  MARSHPEE. 

Resolved,  That  the  sum  of  seventy-five  dollars  be  allowed 
and  paid  out  of  the  moiety  of  the  income  of  the  school  fund 
applicable  to  educational  purposes,  for  the  year  eighteen  hun- 
dred and  sixty-nine,  and  the  sum  of  seventy-five  dollars  for 
the  year  eighteen  hundred  and  seventy,  to  the  treasurer  of 
the  district  of  Marshpee,  for  the  support  of  schools  in  that 
district ;  the  same  being  in  addition  to  the  sums  now  allowed 
for  the  support  of  said  schools,  and  on  the  condition  that  the 
inhabitants  of  that  district  shall  also  appropriate  and  expend 
for  the  use  of  said  schools  during  the  years  eighteen  hundred 
and  sixty-nine  and  eighteen  hundred  and  seventy,  fifty  dol- 
lars in  addition  to  the  sum  now  annually  paid  by  them  for 
that  purpose  ;  and  the  said  treasurer  shall,  on  or  before  the 
first  day  of  October  next,  make  a  report  to  the  board  of  ed- 
ucation in  relation  to  the  expenditure  of  said  money  and  the 
condition  of  the  schools.  Approved  May  12, 1870. 

Resolve  making  an  appropriation  for  fish  culture. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury,  a  sum  not  exceeding  four  thousand  dollars,  to  be 
expended  under  direction  of  the  commissioners  on  inland 
fisheries,  for  purposes  connected  with  the  culture  of  useful 
fishes  and  of  stocking  the  waters  of  the  Commonwealth  there- 
with. Approved  May  12,  1870. 

Chan    42      Resolve  in  relation  to  the  Hutchinson  papers,  so  called. 
Attorney-gen-        Resolved,  That  the  attorney-general  be  instructed  to  bring 
suit  for^recOT-    ^  suit  iu  law  or  equity  for  the  recovery  of  the  books  and 
fon  rnlels'^^"'^'  P^P^i's  belonging  to  the  Commonwealth  in  the  possession  of 
the  Massachusetts  Historical  Society. 

Approved  May  16,  1870. 


Chap.  41. 

Allowance  of 
$4,000  for  fish 
culture. 


son  papers. 


Chap.  43. 

Annuity  of  $200 
for  five  years. 


Resolve  in  favor  of  jane  parks. 

Resolved,  That  during  the  period  of  five  years  from  the 
first  day  of  January  in  the  year  eighteen  hundred  and 
seventy,  an  annuity  of  two  hundred  dollars  per  annum,  in 
equal  quarterly  payments,  shall  be  paid  to  Jane  Parks  of 
Cambridge,  widow  of  the  late  James  Parks. 

Approved  May  16,  1870. 


1870.— Chapters    44,  45,  46.  333 

Resolve   ox  thk  petition'  of   charles   n.  cole  and   others,  QJidp,   44. 

RELATIVE    TO    THE   ESTATE    OF    CAROLINE   PLUMMER.  ^ 

Resolved,  For  the  reasons  set  forth   in  the  petition  of  Pubirc  adminis- 
Charles  H.  Cole,  Caroline  C.  Burnham  and  Sarah  A.  Cole,  county°totrans^ 
that  George  Foster,  public  administrator   in  and   for  the  Caroline*" pium- 
county  of  Esses,  is  hereby  empowered  and  directed  to  trans-  mer. 
fer  and  pay  over  all  the  real  and  personal  estate  held  by  him 
and  belonging  to  the  estate  of  Caroline  Plummer,  late  of 
Haverhill,  deceased,  to  the  said  Charles  H,  Cole,  Caroline  C. 
Burnham  and  Sarah  A.  Cole,  after  deducting  therefrom  the 
charges  and  expenses  of  his  administration :  provided,  that  Proviso. 
the  said  Charles  H.  Cole,  Caroline  C.  Burnham  and  Sarah 
A.  Cole  shall  first  give  a  bond  to  the  judge  of  probate  for 
the  county  of  Essex,  with  surety  or  sureties  satisfactory  to 
said  judge  of  probate,  with  condition,  first,  to  pay  all  debts 
due  from  the  estate  and  the  legacies  designated  in  the  instru- 
ment purporting  to  be  the  unfinished  will  of  said  Caroline 
Plummer,  annexed  to  said  petition ;   second,  to  save   the 
Commonwealth    and    said    public    administrator    harmless 
against  the  claims  of  all  persons  on  account  of  said  estate  or 
the  proceeds  thereof;  and  third,  to  transfer  and  pay  over 
said  real  and  personal  estate  to  any  person  who,  by  the  in- 
strument aforesaid  purporting  to  be  the  unfinished  will  of 
said   Caroline   Plummer,  or   otherwise,  may  appear  to   be 
legally  entitled  thereto.  Approved  May  20, 1870. 

EeSOLVE   in   FAVOR   OF   ORAMEL   MARTIN.  Cliat).     45. 

Resolved,  That  there   be  allowed  and   paid  out  of  the  scientific  board 
treasury  to  Oramel  Martin,  of  Worcester,  the  sum  of  three  p°eu'^o™lfeu-'^^*^ 
hundred  and  eighty-five  dollars,  for  compensation  in  full  for  ^lonia- 
services  rendered  as  chairman  of  a  scientific  board  appointed 
to  examine  into  a  disease  among  cattle  called  pleuro-pneu- 
monia,  in  accordance  with  the  provisions  of  chapter  two 
hundred  and  twenty-one  of  the  acts  of  eighteen  hundred  and 
sixty.  Approved  May  20,  1870. 

Resolve  in  favor  of  oliver  goodspeed.  Chan    4-fi 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  to  Oliver  Goodspeed,  for  the  benefit  of  himself,  his  state  aid. 
wife  and  minor  children,  from  the  first  day  of  January, 
eighteen  hundred  and  seventy,  state  aid  at  the  rate  of  four- 
teen dollars  a  month  ;  and  in  case  of  the  death  of  said  Good- 
speed,  aid  shall  continue  to  the  widow  and  children  in  the 
same  ratio  and  manner  as  is  now  provided  by  law. 

Approved  May  20,  1870. 


334 


1870.— Chapters   47,  48,  49,  50. 


Chap.  47. 

Allowance  of 
$2,500. 


Chap.  48. 


To  report  num- 
ber of  minors 
employed  in 
certain  manu- 
factories. 


Chap.  49. 


Deeds  con- 
firmed. 


Chap.  50. 


Governor  may 
issue  arms  for 
use  of  pupils. 


Resolve  in  favor  of  the  disabled  soldiers'  employment 

BUREAU. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury,  the  sum  of  twenty-five  hundred  dollars  to  the  Dis- 
abled Soldiers'  Employment  Bureau. 

Approved  May  2.5,  1870. 

Resolve  instructing  the  board  of  health  to  report  certain 

statistics. 

Resolved,  That  it  shall  be  the  duty  of  the  board  of  liealth 
to  specially  ascertain  and  include  in  their  annual  report  to 
the  legislature  on  the  whole  number  of  minors  employed  in 
all  the  cotton,  woolen,  silk,  flax,  and  jute  manufactories  in 
this  Commonwealth,  and  the  cause,  amount  and  rate  of  mor- 
tality among  them,  and  how  it  compares  with  tlie  mortality 
of  all  other  persons  of  the  same  age  in  this  Commonwealth 
during  the  same  periods  of  time,  and  how  far  the  particular 
employment  of  such  minors  affects  their  general  health,  as 
compared  with  the  effects  of  other  employments  upon  the 
general  health  of  other  persons  of  similar  ages. 

Approved  May  25,  1870. 

Resolve  confirming  certain   deeds  executed   by  g.  washing- 
ton   WARREN,   administrator   AND    TRUSTEE. 

Resolved,  For  the  reasons  set  forth  in  the  petition  of  G. 
Washington  Warren,  administrator  with  the  will  annexed  of 
the  estate  of  Mary  B.  Shaw,  and  also  trustee,  that  the  deeds 
executed  by  him  in  his  said  capacities  to  James  Dana  and  to 
J.  C.  Churchill,  bearing  date  the  sixteenth  day  of  September 
last,  under  an  order  and  decree  of  sale  made  by  the  supreme 
judicial  court,  be  and  the  same  are  hereby  confirmed :  pro- 
vided, that  the  proceeds  of  said  sale  be  held  and  invested, 
and  with  the  income  thereof,  paid  over  as  the  said  court  may 
from  time  to  time  direct,  in  accordance  with  the  provisions 
of  said  will.  Approved  May  27,  1870. 

Resolve  authorizing   the   issue  of  arms  to  the  Worcester 

COUNTY   free   institute   OF    INDUSTRIAL    SCIENCE. 

Resolved,  That  the  governor  be  and  is  hereby  authorized 
to  issue  to  the  Worcester  County  Free  Institute  of  Industrial 
Science,  in  the  city  of  Worcester,  such  arms  for  the  use  of 
its  pupils  as  in  his  judgment  may  be  so  distributed  without 
detriment  to  tlie  militia  service :  provided,  that  tlie  said 
institute  shall  be  held  responsible  for  the  return,  in  good 
order  and  condition,  of  such  arms  whenever  the  governor 
shall  so  direct.  Approved  May  27,  1870. 


1870.— Chapters  51,   52,  53.  335 

Resolve  ix  kelatiox  to  disabled  soldiers  who  have  served  in  QJidyy,    51, 

MASSACQUSETTS  REGIMENTS.  ^ 

Resolved,  Tliat   the   governor,   with  the   consent  of  the  commission  to 

.,     ,  ,        .       1       °  .     ,  •      .  f.   ..  be  appointed  to 

council,  be  authorized  to  appoint  a  commission  oi  three  per-  make  provision 
sons,  whose  duty  it  shall  be  to  make  provision  for  the  proper  aWeTsoidiers?' 
care  of  such  disabled  soldiers  as  have  served  in  Massachusetts 
regiments  and  are,  in  their  judgment,  proper  objects  of  the 
charity  of  the  state  ;  and  for  this  purpose  such  soldiers  may 
be  located  and  provided  for,  in  the  Discharged  Soldiers'  Home 
in  Boston,  the  Massachusetts  General  Hospital,  or  other 
proper  places,  excluding  almshouses  ;  the  commissioners  in 
locating  said  soldiers,  having  a  humane  reference  to  their  be- 
ing near  their  homes  and  friends.  For  this  purpose,  a  sum 
not  exceeding  six  thousand  dollars  shall  be  allowed  and  paid 
to  said  commissioners,  in  such  sums  as  they  shall,  from  time 
to  time,  certify  to  the  auditor  to  be  needed  for  the  above 
purposes :  provided,  that  the  said  commissioners  shall  make 
a  quarter-yearly  report  of  their  doings  to  the  governor  and 

council.  Approved  June  2,  1870. 

Resolve  for  PURCHASING  AND  DISTRIBUTING  SAMUELS',  report  ON  QJidn    52 

THE  BIRDS  OF   NEW  ENGLAND.  "' 

Resolved,  That  the  secretary  of  the  board  of  agriculture  secretary  board 
be,  and  he  is  hereby,  authorized  to  purchase   from  Edward  may^purchasl 
A.  Samuels  twelve  hundred  copies  of  the  new  edition  of  his  f°eiveimndred 
work  on  the  birds  of  New  England,  illustrated  by  eight  new  copies  of  samu- 
colored  plates  of  birds,   paying  therefor  three  dollars  and  biidlofNew 
thirty-three  cents  per  volume,  and  that  said  books  be  distrib-  ^"s^'^i"'^' 
uted  as  follows  : — To  each  free  public  library,  and  each  in- 
corporated library  in  the  state,  one  copy  ;  to  each  incorpor- 
ated natural  history  society  in  the  state,  one  copy  ;  to  each 
normal  school,  and  each  incorporated  academy  in  the  state, 
one  copy ;  to  each  town  and  city  having  no  free  public  library, 
one  copy,  to  be  kept  at  the  office  of  the  clerk  of  said  city  or 
town  ;  to  each  member  of  the  present  legislature,  and  to  each 
officer  and  reporter,  one  copy;  to  the  state  library,  ten  copies, 
to  be  used  for  making  exchanges  for  the  public  documents  of 
other  states ;  and  the   remaining   copies   to   be   distributed 
equally  among  the  incorporated  agricultural  and  horticultu- 
ral societies  of  the  state,  to  be  by  them  awarded  as  premiums. 

Approved  June  3,  1870. 


Chap.  53. 


Resolve  in  addition  to  a  resolve  in  favor  of  the  new  Eng- 
land MORAL  REFORM  SOCIETY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  Allowance  of 
ury  to  the  New  England  Moral  Reform  Society,  the  sum  of  douarsTsofie- 
one  thousand  dollars,  for  the  use  of  said  society :  provided^  equai^amou^t 


336  1870.— Chapters  54,  55,  56,  57. 

it  shall  appear  to  the  satisfaction  of  the  auditor  that  an  equal 
amount  has  been  raised  for  the  purpose  of  the  said  society 
since  the  resolve  entitled  a  resolve  in  favor  of  the  New  Eng- 
land Moral  Reform  Society,  approved  the  twenty-seventh  day 
of  April,  in  the  year  eighteen  hundred  and  sixty-nine  ;  and 
Proviso.  provided^  further,  that  the  board  of  state  charities  shall  have 

power  at  all  times  to  visit  and  inspect  the  institution  ;  and 
the  society  shall  make  an  annual  report  to  the  board  of  state 
charities,  in  accordance  with  the  provisions  of  chapter  two 
hundred  and  forty-three  of  the  acts  of  the  year  eighteen  hun- 
dred and  sixty-seven.  Approved  June  3,  1870. 

Chan    54   ^^^olve  directing  the  railroad  commissioners  to  make  cer- 
"'         '      tain  inquiries  in  relation  to  the  railroads  of  the  common-' 
avealth. 

To  inquire  and  Resoloed,  That  tlic  board  of  railroad  commissioners  are 
ing'toi]s°'^*^'^™'  lisi'sby  directed  to  inquire  into  the  subject  of  tolls,  freights, 
freigiits,'&c.  farcs  and  charges  exacted  on  the  several  railroads  of  this 
Commonwealth,  and  also  a  plan  and  tariff  to  prevent  unjust 
discriminations  in  the  levying  of  freight  and  travel  tolls  from 
way  stations,  and  between  way  stations,  and  also  to  examine 
whether  the  interests  of  the  public  will  be  promoted  by  com- 
pelling the  railroads  to  perform  "  express  business  "  for  the 
territory  contiguous  to  their  lines,  and  report  thereon  to  the 
next  general  court,  together  with  such  plan  as  they  may 
deem  expedient,  and  also  such  amendments  and  alterations 
of  the  charters  of  said  roads  as  they  may  deem  necessary. 

Approved  June  10,  1870. 

Phnn     ^"^  Resolve  in  favor  of  Andrew  r.  earl. 

Allowance  for        Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
state  aid.  ^y  ^q  Andrew  R.  Earl,  for  the  benefit  of  himself  and  his 

widowed  mother,  from  the  first  of  January  last,  state  aid  at 
the  rate  of  ten  dollars  per  month.  Approved  June  11,  1870. 

Phnn     'Sfi  Resolve  in  favor  of  david  pulsifer. 

Allowance  of         ResoIved,  That  for   reasons  set  forth  in   the  petition  of 
$750.  David  Pulsifer,  there  be  allowed  and  paid  to  him  from  the 

treasury  seven  hundred  and  fifty  dollars. 

Approved  June  11, 1870. 

Chnn     ^^  Resolve  in  favor  of  joanna  leo. 

AUowance  for        Resolved,  That  there  be  allowed  and  paid  to  Joanna  Leo, 
state  aid.  widow  of  Louis  Lco,  for  herself  and  minor  children,  state  aid 

from  and  after  January  first,  eighteen  hundred  and  seventy. 

Approved  June  11,  1870. 


18T0.— CHAFTErxS  58,  59,  60.  337 

Resolve  on  the  petition  of  lucy  e.  jewett.  Chap.   58. 

Resolved,  For  the  reasons  set  forth  in  said  petition  that  Francis^ v. 
Francis  V.  Balch, guardian  of  George  E.  Winthrop,  adjudged  otJewgeB.^^ 
an  insane  person,  be  authorized  to  release  to  said  petitioner,  ele"ci!te°qui^''^ 
and  to  make,  execute  and  deUver  to  her,  the   said   Lucy  E.  claim  deed  to 

T  ■      1  .,  Til-  n  •  TIC  LucyE.Jewett. 

Jewett,  in  her  own  right  and  her  heirs  and  assigns,  a  deed  oi 
release  and  quitclaim  of  any  right,  title  and  interest,  legal  or 
equitable,  which  his  said  ward  may  have,  in  the  premises  de- 
scribed in  said  petition  and  the  deeds  therein  mentioned 
which  are  recorded  with  Suffolk  deeds,  libro  five  hundred 
and  fifty-eight,  folio  sixty-seven,  libro  seven  hundred  and 
ninety-one,  folio  three  hundred  and  five,  and  libro  seven  hun- 
dred and  ninety-six,  folio  two  hundred  and  thirty-two. 

Approved  June  11,  1870. 

Resolve  to  pay  for  labor  performeb  ox  the  state  house  by  QJ((fp^   59. 

PERSONS  IN  the    EMPLOYMENT  OF    WILLIAM  ADAMS.  ^' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowances  for 
treasury  to  the  persons  herein  named,  in  full  compensation  edon  the  state 
for  labor  performed  on  the  State  House,  in  the  employ  of  ''"'^^^• 
William  Adams,  the  following  sums,  to  wit:  To  A.  D.  Tuttle, 
fifty-three  dollars  ;  to  Twitchell  and  Libby,  thirty-four  dol- 
lars and  four  cents  ;  to  W.  W.  Bickwell,  ninety-five  dollars 
and  seventy-five  cents  ;  to  Lewis  Mason,  twenty-two  dollars 
and  ninety-five  cents  ;  to  A.  F.  Bradford,  eighty-five  dol- 
lars and  eighty-seven  cents ;  to  James  Rogers,  eighteen  dol- 
lars ;  Samuel  E.  Winter,  one  hundred  and  twenty-three  dol- 
lars and  twenty-five  cents  ;  L.  F.  Libby,  thirty-seven  dollars ; 
Charles  B.  Merrill,  one  hundred  and  fifty  dollars ;  John  Mar- 
shall, twenty-five  dollars  ;  James  Grady,  twelve  dollars  ;  W. 
F.  Johnson,  seventeen  dollars  ;  Michael  Heaply,  twelve  dol- 
lars ;  Frank  Dwyer,  nine  dollars  ;  John  Welch,  twenty-eight 
dollars  ;  Samuel  W.  Adams,  thirty-one  dollars,  and  so  much 
of  chapter  ninety-seven  of  the  resolves  of  eighteen  hundred 
and  sixty-nine  as  provides  for  the  payment  of  money  to  Wil- 
liam Adams  is  hereby  repealed.  ApprovedJune  11, 1870. 


Chap.  60, 


Resolve  in  relation  to   the   perkins  institution  and  Massa- 
chusetts ASYLUM   for  the   BLIND. 

Resolved,  That  the  trustees  of  the  Perkins  Institution  and  Allowance  for 
Massachusetts  Asylum  for  the  Blind  be  and  they  are  hereby  Knf  ftf/n^^" 
authorized  to  use  the  unexpended  balance  of  the  sum  appro-  ture, 
priated  in  chapter  seventy-one  of  the  resolves  of  the  year 
eighteen  hundred  and  sixty-nine,  for  the  purchase  of  heating 
apparatus  and  furniture  for  such   buildings  as   have  been 
erected  under  the  provisions  of  said  chapter,  the  said  heating 

43 


338  1870.— Chapters    61,  62,  63. 

apparatus  and  furniture  to  be  purchased  in  the  name  and  to 
remain  the  property  of  the  Commonwealth. 

Approved  June  13,  1870. 

Chci'D     61.  Kesolye  to  aid  in  obtaining  information  concerning  roads 
^'         '  in  this  commonwealth. 

Secretary  of  the  Reso/ved,  That  the  Secretary  of  the  board  of  agriculture 
cuiture°t(f|ro-  bc  and  he  is  hereby  required  to  obtain  from  the  mayor  and 
ticfn  conceding  aldermen  of  cities,  and  the  selectmen  of  towns,  on  or  before 
repairs  of  high'-  the  first  day  of  December  next,  for  the  use  of  the  next  legis- 

wavs  in  the  sev-  ,  •'  ■,       n  -n        •  • 

era"!  towns.       laturo,  auswcrs  to  the  lollowmg  questions  : 

First.  What  is  the  number  of  miles  of  public  highway 
within  the  limits  of  your  city  or  town  ? 

Second.  What  has  been  the  amount  expended  by  your 
city  or  town  for  the  repairs  of  highways  ?  Average  for  the 
last  five  years  and  exclusive  of  amount  paid  for  breaking  out 
roads  in  winter  ? 

Third.  What  is  the  number  of  surveyors  of  highways  in 
your  city  or  town  ? 

Fourth.  What  the  kind  of  material  used  in  covering  and 
repairing  roads  ? 

Fifth.  What  number  and  kind  of  bridges  are  supported 
wholly  or  in  part  by  the  city  or  town  ? 

Sixth.  Are  the  road  taxes  paid  in  money  or  labor  ? 

Seventh.  How  much  has  the  city  or  town  paid  during 
the  past  five  years  for  damages  or  legal  defence  in  con- 
sequence of  alleged  defects  in  the  roads  ? 

Approved  June  13,  1870. 

ChaV.     62.   ^I^SOLVE   concerning   THE    TROY  AND   BOSTON  RAILROAD   COMPANY. 

Governor  and         Resolvcd,   That   the    govcmor   and   council    are   hereby 

setuemint"of'^^  authorized  and  directed  to  make  a  full  and  final  settlement 

stat™\nd  Tio"  ^^  ^^^  claims  and  demands,  of  every  name  and  nature,  be- 

and  Boston       twccu  the  Commonwcalth  and  the  Troy  and  Boston  Railroad 

liaiiroad  Com-    ^Qj^jpr^j^y^  ajj(j   jf  nccessary  to  institute  legal  proceedings 

to  secure  such  settlement,  and  the  payment  of  any  sum  due 

the  Commonwealth ;  and   they  are  authorized  to  pay  any 

sum  equitably  due  said  company. 

Approved  June  13,  1870. 

^yj  pn    Resolve  relating  to  the  superintendent  of  the  state  work- 

lyfiaj).     DO.  HOUSE    AT    BPaDGEWATER. 

Superintendent  Resolved,  That  the  inspectors  of  the  state  workhouse  at 
bursecffor'ex-  Bridgowatcr  be,  and  they  are  hereby  authorized  to  reimburse 
penses  of  thc  Superintendent  of  tliat  institution  the  amount  expended 

QGICIICG  t)6lOrG  ■*■ 

a  committee  of  by  him  in  his  defence  before  a  committee  of  this  legislature  ; 
the  legishiture.  ^^^^  ^^^^  ^^  ^^  ^^j^  ^^^^  ^^  ^^^^  fuuds,  appropriated  for  said 

institution,  that  may  remain  unexpended  at  the  end  of  the 
current  year.  Approved  June  15,  1870. 


1870.— Chapters  64,  65,  66,  61,  68,  69.  339 

Resolve  in  fayou  of  avilliam  f.  jordax.  Chap.    64. 

Resolved,  That   there   be   allowed   and   paid  out  of  the  Allowance  of 
treasury  to  William  F.  Jordan  the  sum  of  two  hundred  dol-  ffo^i^'onifteen 
lars,  to  defray  the  necessary  expenses  incurred   in  conse-  doiiarsper 
quence  of  the  loss  of  an  arm,  which  occurred  while  in  the 
discharge  of  his  duty  as  a  member  of  the  fourth  battery  of 
light  artillery,  and  that  from  and  after  the  first  day  of  July  of 
the  present  year  there  be  allowed  and  paid  to  him  the  sum  of 
fifteen  dollars  per  month.  Approved  June  15, 1870. 

Resolve  ix  favor  of  nathaxiel  ruggles.  Chat).    65. 

Resolved,  That  for  reasons  set  forth  in  the  petition  of  Allowance  for 
Nathaniel  Ruggles,  there  be  allowed  and  paid  to  him  the  vIcesTindered 
sum  of  forty-five  dollars  and  fifty  cents,  in  full  of  all  claims  to  Indians. 
upon  the  Commonwealth  for  medical  services  rendered  to 
Indians.  Approved  June  15,  1870. 

Resolve  in  favor  of  william  adams.  Chap.    66. 

Resolved,  That  there  be  allowed  and  paid  from  the  treasury  Allowance  of 
to  William  Adams,  the  sum  of  two  hundred  and  thirty-five  ^'^^^•'''^• 
dollars  and  fifty-five  cents,  in  full  compensation  for  use  of 
his  tools  upon  the  work  on  the  state  house  after  the  termina- 
tion of  his  contract.  Approved  June  15,  1870. 

Resolve  ix  favor  of  josephine  Rogers.  Chan     67 

Resolved,   That   there   be   allowed   and    paid    from   the  Allowance  of 
treasury  of  the  Commonwealth  to  Josephine  Rogers,  the  sum  $^^' 

of  forty-four  dollars.  Approved  June  15,  1870. 

Resolve  for  the  temporary  relief  of  disabled  soldiers  and  QJkij)    5g, 

THE   families   OF    THE    SLAIN.  ^  ' 

Resolved,  That  the  unexpended  balance  of  the  appropria-  Balance  of  cer- 
tion  made  in  chapter  sixty-two  of  the  resolves  of  the  year  tfonsX^/tTrnpo- 
eighteen  hundred  and  sixty-nine,  amounting  to  three  thou-  ^^gj^^ed^^^* 
sand  seven  hundred  and  twenty- two  dollars  and  forty-two  soldiers,  &c. 
cents,  for  the  benefit  of  discharged  soldiers,  may  be  expended 
by  the  surgeon-general,  under  the  direction  of  the  governor 
and  council,  for  the  temporary  relief  of  disabled  soldiers  and 
the  families  of  the  slain.  Approved  June  15, 1870. 

Resolves  to  enable   the  guardian  of  certain  heirs  to  join 

IN  A  reference  and    TO   EXECUTE    CONVEYANCES    IN  SETTLEMENT 
OF    THE    ESTATE    OF    SETH    THAXTER. 

WJiereas  it  has  become  necessary,  to  relieve  the  real  estate 
devised  by  the  last  will  of  Seth  Thaxter,  late  of  Boston,  in 
the  county  of  Suffolk,  deceased,  from  any  lien  existing  thereon 
as  security  for  any  advancements,  and  to  make  distribution 
of  the  property  of  the  testator,  that  the  real  estate  devised 
by  him  and  now  undisposed  of  should  be  sold : 


Chap.  69. 


340 


1870.— Chapter  70. 


Heirs  and  other 
parties  inter- 
ested in  real 
estate  devised 
by  will  of  Seth 
Thaxter  may 
join  in  execu- 
tion of  a  deed 
of  said  estate. 


Resoh-ed,  That  James  H.  Page,  of  said  Boston,  guardian 
of  William  G.  Ellis,  Charles  K.  Ellis,  Etta  M.  Ellis,  Cora  F. 
Ellis  and  Edward  W.  Ellis,  minor  children  of  Waterman  J. 
Ellis,  of  Bridgewater,  in  the  county  of  Plymouth,  and  of  his 
late  wife,  Helen  Maria  Ellis,  now  deceased,  is  hereby  author- 
ized, with  the  consent  of  the  judge  of  probate  for  the  county 
of  Plymouth,  to  join  with  the  other  parties  interested  in  said 
property  under  said  will,  in  such  deed  or  deeds  as  upon  the 
sale  of  such  real  estate,  or  any  portion  thereof,  may  be 
necessary  to  convey  all  interest  of  said  minors  therein,  and 
that  the  written  assent  of  said  judge  of  probate  to  the  execu- 
tion of  any  deed  by  said  guardian  under  this  resolve  shall  be 
conclusive  evidence  in  behalf  of  the  purchaser  of  the  author- 
ity of  said  guardian  to  execute  said  deed,  and  of  his  com- 
pliance with  all  of  the  terms  of  these  resolves. 

Resolved,  That  the  proceeds  of  any  such  real  estate  shall 
be  received  by  the  surviving  executors  under  said  will,  and 
that  said  guardian  is  hereby  authorized  in  behalf  of  said 
minors  to  enter  into  any  agreement  of  arbitration  with  the 
other  parties  interested  in  the  property  devised  and  be- 
queathed by  said  will,  to  settle  and  determine  all  questions 
relating  to  the  provisions  of  said  will  in  regard  to  advance- 
ments, and  to  the  settlement  and  distribution  of  the  estate 
devised  and  bequeathed  under  said  will. 

Approved  June  15,  1870. 


Chap.  70. 


Towns  of  Nor- 
folk, Hyde 
Park,  Everett, 
Mashpee  and 
Gay  Head  to 
be  furnished 
with  general 
and  special 
laws; 


— and  Egre- 
mont  also  to  be 
furnished  with 
standard 
weights  and 
measures. 


Resolves  to  provide  certain  towns  with   the  law  reports 

AND    general    and    SPECIAL   LAWS   AND    STANDARD   WEIGHTS   AND 

MEASURES. 

Resolved,  That  the  secretary  of  the  Commonwealth  be, 
and  he  is  hereby  authorized  and  directed  to  furnish  to  each 
of  the  towns  of  Norfolk,  Hyde  Park,  Everett,  Mashpee  and 
Gay  Head  a  full  set  of  the  reports  of  the  decisions  of  the  su- 
preme judicial  court ;  one  copy  of  the  General  Statutes  ;  also 
copies  of  such  general  and  special  laws  of  the  Commonwealth, 
and  of  all  such  books  and  documents  in  his  office,  as  may 
heretofore  have  been  furnished  by  the  Commonwealth  to 
towns.  And  the  secretary  is  authorized  to  purchase  such  of 
the  reports  and  statutes  aforesaid  as  may  be  necessary  to 
carry  into  effect  this  resolve. 

Piesolved,  That  the  treasurer  be,  and  he  is  hereby  author- 
ized and  directed,  to  furnish  each  of  said  towns  and  the  town 
of  Egremont  with  a  complete  set  of  standard  weights,  meas- 
ures and  balances,  such  as  each  town  is  by  law  required  to 
keep  for  the  use  of  its  inhabitants  :  provided,  that  the  clerks 
of  said  towns  shall  first  make  the  certificate  required  by  sec- 


1870.— Chapters  71,  72,  73,  74.  341 

tion  two  of  chapter  two  hundred  and  sixty-five  of  the  acts  of 
the  year  one  thousand  eight  hundred  and  fifty-nine. 

Approved  June  15,  1870. 

Resolve  providing  for  the  codification  of  the  general  rail-  Qfi^p^    '^\^ 

ROAD  LAWS,  AND    THE   INDEXING   OF    THE    CHARTERS   AND    SPECIAL  ^* 

LAWS  RELATING  TO  RAILROAD   CORPORATIONS. 

Resolved,  That  the  board  of  railroad  commissioners   be,  Railroad  com- 
and  they  hereby  are,  directed  to  prepare  a  codification  of  the  ™repa°re^codifl- 
general  laws  relating  to  railroads  and  railroad  corporations  ;  rei*atin°7o  nfn- 
to  make  analyses,  indexes  and   tables  of  reference   to   the  rotids." 
charters  of  the  railroad  corporations  of  the  Commonwealth, 
and  to  all  special  laws  relating  to  said  corporations  ;  and  to 
procure  to  be  printed  one  thousand  copies  of  the  same,  which 
may  be  distributed  at  the  discretion  of  said  commissioners. 
In  the  preparation  of  said  document  they  may  employ  a  com- 
petent assistant,  who  shall  be  paid  for  his  services  such  a  sum 
as  the  governor  and  council  shall  determine. 

Approved  June  16,  1870. 

Resolve  in  favor  of  the  schools  of  gay  head.  Chap.    72. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  moi-  Allowance  of 
ety  of  the  income  of  the  school  fund  applicable  to  educational  ^^^^'  ^°' 
purposes,  to  the  treasurer  of  the  town  of  Gay  Head,  the  sum 
of  one  hundred  and  fifty  dollars,  to  be  applied  to  the  support 
of  schools  in  said  town  ;  and  said  treasurer  shall  make  a  re- 
turn of  the  expenditure  of  said  money,  and  the  condition  of 
the  schools,  to  the  board  of  education  the  present  year. 

Approved  June  16,  1870. 

Resolve  concerning  the  reports  required  to  be  made  to  the  Qficin.    IIS. 

LEGISLATURE.  -^   ' 

Resolved,  That  a  commission  be  and  hereby  is  established,  commission 
consisting  of  the  secretary  of  the  Commonwealth,  the  treas-  cermng  reports 
urer  and  auditor  of  the  Commonwealth,  the  secretaries  of  the  the^%Tslature° 
boards  of  agriculture,  education,  and  state  charities,  the  chief 
of  the  bureau  of  statistics  of  labor,  the  adjutant-general,  and 
the  insurance  commissioner  of  the  Commonwealth,  who  shall, 
without  extra  pay  therefor,  consider  and  report  to  the  next 
legislature,  what  legislation  if  any  is  necessary  in  order  to 
secure  the  making,  completing,  printing  and  distribution  of 
all  reports  from  departments,  institutions,  bureaus,  or  indi- 
viduals, to  the  legislature,  on  or  before  the  end  of  the  first 
month  of  the  session  thereof.  Approved  June  18, 1870. 

Resolve  concerning  the  bureau  of  statistics  of  labor.         Chnn     74. 

Resolved,  That  the  chief  of  the  bureau  of  statistics  of  la-  Assistants  may 

bor  be  and  hereby  is  authorized  to  employ  such  assistants  and  be  appointed  by 

,  •'  ,  T,i  p   n         I^^  1   chief  of  bureau 

incur  such  expense,  not  exceedmg  the  sum  of  five  thousand  of  statistics  of 


342  1870.— Chapters   75,   76,   77. 

dollars,  as  may  be  necessary  in  the  discharge  of  his  official 
duties;  said  assistants  to  be  paid  in  full  for  their  services 
such  compensation  as  the  chief  may  deem  just  and  equitable  : 
provided,  that  no  assistant  be  paid  more  than  four  dollars 
per  day,  in  addition  to  his  necessary  travelling  expenses. 

Approved  June  IS,  1870. 


Chap.  75. 


Resolves   in  relatiox  to    the  Massachusetts  agricultural 

COLLEGE. 

Allowance  of  Resolved,  That  the  sum  of  twenty-five  thousand  dollars 
meiu^fdlhtslt  be  allowed  and  paid  out  of  the  treasury  to  the  Massachusetts 
college.  Agricultural  College,  to  be  expended  by  the  trustees  for  the 

payment  of  all  existing  debts  of  the  college,  and  all  current 
expenses  of  the  year  not  otherwise  provided  for,  and  the  re- 
sidue for  necessary  improvements  on  the  buildings  and 
grounds. 

Resolved,  That  the  secretary  of  the  board  of  education 
and  the  secretary  of  the  board  of  agriculture  be  directed  to 
devise  a  plan,  if  practicable,  by  which  the  college  may,  with- 
out expense  to  the  Commonwealth,  be  recognized  as  an  inde- 
pendent institution  in.  analogy  with  other  colleges  in  the  Com- 
monwealth, and  that  they  inquire  wliether  the  term  of  study 
in  said  college  should  not  be  reduced  ;  and  report  to  the  next 
general  court.  Approved  June  IS,  1870. 

CJwn     7(S  Resolve  ix  faa^or  of  julia  a.  Rogers. 

Allowance  for  Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
ury to  Julia  A.  Rogers,  the  sum  of  forty-four  dollars  as  state 
aid,  in  consequence  of  her  husband's  service  in  company  F, 
of  the  forty-eighth  regiment  Massachusetts  volunteers. 

Approved  June  18,  1870. 


state  aid. 


Chap,  11. 


Resolve  to  authorize  the  purchase  and  distribution  of  one 
thousand  copies  of  the  second  volume  of  schouler's  history 
of  massachusetts  in  the  rebellion. 

Secretary  to  Rcsolved,  That  the  secretary  of  the  Commonwealth  be,  and 

^fs'tribute^one  IS  hereby  authorized  and  directed  to  purchase  one  thousand 
ors"ch"o"uier°f '^^  copics  of  tlic  sccoud  volumc  of  a  History  of  Massachusetts 
history.  "  in  the  RcbeUion,  by  William  Schouler,  late  adjutant-general, 
at  an  expense  not  exceeding  five  dollars  per  volume,  and 
cause  the  same  to  be  distributed,  or  delivered  on  call,  as  fol- 
lows, namely :  to  the  state  library,  six  copies  ;  to  each  of  the 
cities  and  towns  of  the  Commonwealth,  each  incorporated 
library  association,  and  the  several  colleges  and  societies  des- 
ignated in  the  second  section  of  chapter  three  of  the  General 
Statutes,  except  law  library  societies,  one  copy  ;  to  each  officer, 
member,  and  clerk  of  the  executive,  legislative,  educational 


1870.— Chapters  78,  79.  343 

and  military  departments  of  the  government,  and  the  report- 
ers for  the  press  in  regular  attendance  upon  the  legislature, 
severally,  for  the  present  year,  one  copy ;  to  the  library  of 
congress,  two  copies  ;  to  the  libraries  of  the  several  states  and 
territories  of  the  United  States,  one  copy  each.  And  any 
remaining  volumes  of  said  book  shall  be  in  the  custody  of 
the  secretary,  and  may  be  disposed  of  in  such  manner  as  the 
committee  on  printing  for  the  time  being,  shall  approve. 

Approved  June  18,  1870. 

Resolve  directing  the  board  of  railroad  commissioners  to  (JJlCt)).    78. 

MAKE   CERTAIN   REPORTS    TO    THE    NEXT    GENERAL    COURT.  "' 

Resolved,  That  the  board  of  railroad  commissioners  be,  EaUroadcom- 
and  they  hereby  are  directed  to  consider  and  report  to  the  ^port°conce''rn- 
next  general  court  whether  any,  and  what  legislation  is  nee-  igfi"s^of  pat^*^ 
essary  concerning  the  ingress  and  egress  of  passengers  into  sengerswhue 
and  from  railroad  cars  while  the  same  are  in  motion,  and  also  motion, 
whether  any  and  what  legislation  is  necessary  concerning 
the  making  up  of  trains  and  the  use  of  switches  by  railroad 
corporations.  Approved  June  22,  1870. 

EeSOLVE     FIXING     THE     COMPENSATION    OF     THE    MEMBERS     OF    THE    Qfidf)       79 
LEGISLATURE,  THE    CHAPLAINS,    THE   PREACHER    OF    THE    ELECTION  ■*  * 

SERMON,  THE  MEMBERS  OF  THE  EXECUTIVE  COUNCIL,  THE  DOOR- 
KEEPERS, MESSENGERS  AND  PAGES  OF  THE  SENATE  AND  HOUSE, 
AND  AUTHORIZING  ADDITIONAL  CLERICAL  ASSISTANCE  TO  THE 
CLERKS    OF    THE    SENATE   AND    HOUSE. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  compensation 
treasury  of  the  Commonwealth,  to  each  of  the  members  of  me'^be7s%Tthe 
the  senate  and  house  of  representatives,  the  sum  of  five  dol-  legislature. 
lars  per  day,  for  each  day's  attendance  during  the  session  ; 
to  the  chaplains  of  the  two  branches,  four  hundred  dollars 
each  for  the  session ;  to  the  preacher  of  the  election  sermon, 
one  hundred  dollars ;  to  the  lieutenant-governor,  the  sum  of 
ten  dollars,  and  to  each  member  of  the  executive  council,  the 
sum  of  five  dollars  per  day,  for  each  day's  attendance  the 
present  year ;  to  each  of  the  doorkeepers,  assistant-door- 
keepers, and  messengers  of  the  senate  and  house  of  repre- 
sentatives, five  dollars  per  day,  and  to  each  of  the  pages  of 
the  two  branches,  four  dollars,  for  each  day's  service  during 
the  present  session,  and  to  the  doorkeepers  and  assistant- 
doorkeepers  of  the  senate  and  house  of  representatives,  and 
to  the  postmaster,  one  hundred  dollars  each,  in  addition  ;  and 
for  additional  clerical  assistance  to  the  clerks  of  the  senate 
and  house  of  representatives,  a  sum  not  exceeding  eight  hun- 
dred dollars  each  for  the  present  session. 

Approved  June  22,  1870. 


344 


1870.— Chapters    80,   81,  82,  83,  84. 


Chap. 


gQ    Resolve  to  provide  for  closing  up  certain  indian  guardian 

AND  treasurer  ACCOUNTS. 


Board  of  state 
charities  to  ex- 
amine and  re- 
port upon 
Indian  guar- 
dians' accounts. 


Resolved,  That  for  the  purpose  of  closing  up  the  accounts 
of  certain  guardians  and  treasurers  of  former  tribes  of  In- 
dians within  this  Commonwealth,  the  board  of  state  charities 
shall  examine,  audit,  and  report  thereon  to  the  next  legisla- 
ture, the  several  guardian  accounts  of  Barnard  C.  Marchant, 
Erastus  Alton,  E.  S.  Whittemore,  S.  C.  Howland,  John  W. 
Bacon,  and  B.  P.  Winslow  ;  and  shall  report  what  legislation, 
if  any,  is  necessary  thereon.  Approved  June  22, 1870. 

Chat)       8  1      I^^^OLVE  IN  FAVOR  OF  THE  HOUSE  OF  THE  GOOD  SHEPHERD,  IN  BOSTON. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
ury to  the  treasurer  of  the  House  of  the  Good  Shepherd,  in 
Boston,  the  sum  of  ten  thousand  dollars,  to  be  expended  in 
aiding  in  the  erection  of  a  building  or  buildings  to  be  used 
as  a  refuge  and  reformatory  for  penitent  and  abandoned  fe- 
males :  provided,  that  a  like  sum  of  ten  thousand  dollars 
shall  be  realized  by  the  friends  of  the  institution  from  other 
sources  during  the  current  year,  a  sworn  certificate  of  which 
shall  be  deposited  with  the  auditor  of  the  Commonwealth  be- 
fore the  said  sum  of  ten  thousand  dollars  shall  be  paid  from 
the  treasury.  Approved  June  22,  1870. 


Allowance  of 
$10,000  if  a  Uke 
amount  is 
raised  by 
friends  of  the 
institution. 


Chap.  82. 

Allowance  of 
$32,  &c. 


Resolve  in  favor  of  peter  doughertt  and  james  dougherty. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
ury to  John  Madden,  guardian  of  Peter  Dougherty  and 
James  Dougherty,  orphan  children  of  James  Dougherty,  who 
died  in  the  service  of  the  United  States,  the  sum  of  thirty- 
two  dollars,  and  that  from  and  after  the  first  of  July,  eigh- 
teen hundred  and  seventy,  there  be  allowed  and  paid  to  said 
guardian,  the  sum  of  eight  dollars  per  month,  for  the  benefit 
of  said  children.  Approved  June  22,  1870. 

Resolve  in  favor  of  john  f.  doherty. 

Resolved,  That  for  reasons  set  forth  in  the  petition  of  John 
P.  Doherty,  there  be  allowed  and  paid  to  him  out  of  the 
treasury  the  sum  of  sixty  dollars  for  state  aid,  in  consequence 
of  wounds  received  while  in  the  service  of  the  United  States. 

Approved  June  22, 1870. 

Chan     84  Resolve  in  favor  of  amzi  hosmer. 

Allowance  of         Resolvcd,  That  there  be  allowed  and  paid  from  the  treas- 
^^'  ury  of  the  Commonwealth  to  Amzi  Hosmer,  the  sum  of  eighty- 

eight  dollars.  Approved  June  23,  1870. 


Chap.  83. 

Allowance  for 
state  aid. 


Constitutional  Amendment.  345 

Resolve  to  amend  chapter  fifty-three  of  the  resolves  of  the  QJidp^    85. 

YEAR  EIGHTEEX  HUNDRED  AND  SIXTY-NINE,  PROVIDING    FOR  TESTI-  ■* 

MONIALS  TO  SOLDIERS  AND    SAILORS. 

Resolved,  That  chapter  fifty-three  of  the  resolves  of  the  Testimonials  to 

'  T       .    1        1  1       T  -,       •  •  •  c       be  given  to  sol- 

year  one  thousand  eight  hundred  and  sixty-nme,  is  so  lar  diers  who  were 
amended,  as  -to  include  soldiers  who  were  citizens  of  Massa-  sacim^ltts  and* 
chusetts  at  the  time  of  their  enlistment,  and  served  in  the  izalfons'ifother 
late  war  in  organizations  of  other  states.  states. 

Approved  June  23,  1870. 

Resolve  to  authorize  the  county  commissioners  of  the  county  QJidp^    gg, 

OF  BERKSHIRE  TO  SELL  CERTAIN  REAL  AND  PERSONAL  ESTATE,  AND  "' 

FOR  OTHER  PURPOSES. 

Resolved,  That  the  county  commissioners  of  the  county  of  May  seiiprop- 

-r-iii'i  11  11  !•!  n  1  erty  m  Great 

lierkshire  be  and  they  are  hereby  authorized  to  sell  and  con-  Bamngton  and 
vey  the  real  and  personal  estate  belonging  to  said  county,  for  regil\ry'ol 
situated  in  the  town  of  Great  Barrington,  and  to  erect  a  suit-  court '&c°^'^^^ 
able  building  in  connection  with  said  town  for  the  use  of  the 
registry  of  deeds  for  the  southern   district  of  said  county, 
and  the  probate  court  and  district  court  required  to  be  held 
in  said  town,  and  for  a  town  hall  and  other  town  purposes. 

Approved  June  23,  1870. 

Resolve  in  relation  to  the  compensation  of  the  sergeant-at-  Qfidj),   87. 

ARMS.  ^' 

Resolved,  That  there  be  allowed  and  paid  to  the  sergeant-  |g^JS^^^"®  °^ 
at-arms  five  hundred  dollars  in  addition  to  the  sum  hereto- 
fore appropriated  for  his  services  for  the  present  year,  and 
the  same  is  hereby  appropriated.  Approved  June  23, 1870. 

PEOPOSED  AMENDMENT  TO  THE  CONSTITUTION. 
The  followiug  proposed  Article  of  Amendmeut  to  the  Coustitution 
of  this  Commonwealth  having  been  officially  certified  and  deposited  iu 
this  department,  under  requirement  of  chapter  156  of  the  Acts  of  1865, 
if  agreed  to  by  the  General  Court  next  to  be  chosen  in  the  manner  pro- 
vided by  the  Constitution,  may  be  submitted  to  the  people  'for  their 
ratification,  in  order  that  it  may  become  a  part  of  the  Constitution  of 
this  Commonwealth. 

Resolve  providing  for  an  amendment  of  the  constitution 
in  relation  to  the  qualifications  of  voters. 

Resolved,  By  both  houses,  (the  same  being  agreed  to  by 
a  majority  of  the  senators  and  two-thirds  of  the  members  of 
the  house  of  representatives,  present  and  voting  thereon : — ) 
That  it  is  expedient  to  alter  the  constitution  of  this  Com- 
monwealth, by  adopting  the  subjoined  article  of  amendment, 
and  that  the  same,  as  thus  agreed  to,  be  entered  on  the 

44 


34:6  Constitutional  Amendment. 

journals  of  the  two  houses,  with  the  yeas  and  nays  taken 
thereon,  and  referred  to  the  general  court  next  to  be  chosen  ; 
and  that  the  same  be  published,  to  the  end  that  if  agreed  to 
by  the  general  court  next  to  be  chosen,  in  the  manner  pro- 
vided by  the  constitution,  it  may  be  submitted  to  the  people 
for  their  ratification,  in  order  that  it  may  become  a  part  of 
the  constitution  of  this  Commonwealth. 

Article  of  Amendment. 
Article  twentieth  of  the  amendments  of  the  constitution, 
ratified  by  the  people  on  the  first  day  of  May,  eighteen  hun- 
dred and  fifty-seven,  which  is  as  follows,  to  wit:  "  No  person 
shall  have  the  right  to  vote,  or  be  eligible  to  office  under  the 
constitution  of  this  Commonwealth,  who  shall  not  be  able  to 
read  the  constitution  in  the  English  language  and  write  his 
name :  provided^  hoivever,  that  the  provisions  of  this  amend- 
ment shall  not  apply  to  any  person  prevented  by  a  physical 
disability  from  complying  with  its  requisitions,  nor  to  any 
person  who  now  has  the  right  to  vote,  nor  to  any  persons 
who  shall  be  sixty  years  of  age  or  upwards  at  the  time  this 
amendment  shall  take  effect,"  is  hereby  wholly  annulled. 

House  of  Representatives,  April  21,  1870.  The  fore- 
going resolve  and  article  of  amendment  are  agreed  to  by  the 
house  of  representatives,  two-thirds  of  the  members  present 
and  voting  thereon  having  voted  in  the  affirmative,  and  the 
resolve  and  article  of  amendment  are  referred  to  the  general 
court  next  to  be  chosen.     Sent  up  for  concurrence. 

Harvey  Jewell,  Speaker. 

Senate,  May  13,  1870.  The  foregoing  resolve  and  article 
of  amendment  are  agreed  to  in  concurrence  by  the  senate,  a 
majority  of  the  senators  present  and  voting  thereon,  having 
voted  in  the  affirmative. 

H.  H.  Coolidge,  President, 


]^="  The  General  Court  of  1870,  during  its  annual  session,  passed  four 
hundi-ed  and  nine  Acts  and  eighty-seven  Resolves,  which  received  the 
approval  of  the  Governor. 

The  Acts  may  be  classified  as  follows :  General  Statutes,  or  Acts  of  a 
public  character,  two  huxdeed  axd  oxe  ;  Special  Acts,  relating  to 
private  property,  persons  and  corporate  bodies,  two   huxdred   axd 

EIGHT, 

In  addition  to  these,  two  Acts,  entitled  respectively,  "  An  Act  to  amend 
chapter  167  of  the  General  Statutes,  in  relation  to  the  running  of  horses 
for  wagers,"  and  "  An  Act  to  aid  in  the  construction  of  the  railroad  of  the 
Boston,  Hartford  and  Erie  Railroad  Company,"  were  laid  before  the  Gov- 
ernor for  his  approval,  and  were  returned  by  him  to  the  House, — in  which 
body  they  originated, — with  his  objections  thereto;  and  being  put  upon 
their  final  passage,  in  the  manner  provided  by  the  Constitution,  two-thirds 
of  the  members  present  and  voting  thereon  having  failed  to  "  agree  to 
pass  the  same,"  they  were  declared  lost,  and  therebj-  without  force  and 
effect.  The  Legislature  was  prorogued  on  Thursday,  June  23,  the  session 
having  occupied  one  hundred  and  seventy  days. 


348  GOVERNOR'S  ADDRESS. 


INAUGURAL    xlDDRESS 


HIS    EXCELLENCY    WILLIAM    CLAFLIN 


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

ADDRESS. 

Gentlemen  of  the  Senate  and 

of  the  House  of  Representatives : 

Assembled  as  representatives  of  the  people,  and  acting  in 
their  name,  let  us  make  our  heartfelt  acknowledgments  to 
the  Author  of  all  good,  for  the  signal  blessings  so  fully  be- 
stowed upon  our  beloved  Commonwealth  in  the  past,  and  in- 
voke His  counsel  and  wisdom  for  our  guidance  in  the  future. 

Another  year  of  unusual  health  and  abundant  prosperity 
has  been  granted  us.  The  labors  of  the  agriculturist  have 
been  rewarded  by  plentiful  harvests  ;  mercantile  pursuits 
have  been  successful,  the  mechanic  and  artisan  have  fully 
shared  in  "the  general  welfare,  while  the  blessings  of  peace 
have  been  universally  enjoyed  by  the  citizens  of  the  entire 
Republic. 

THE   FINANCES   OP   THE   COMMONWEALTH. 

A  statement  of  the  public  finances  is  always  deeply  inter- 
esting to  the  Legislature  and  the  people.     The  indebtedness 


GOVERNOR'S  ADDRESS.  349 

of  the  Commonwealth  has  steadily  increased  for  ten  years 
past,  but  its  sinking  funds,  established  by  law  for  its  prompt 
redemption,  have  also  accumulated  rapidly.  The  policy  of 
providing  a  fund  for  the  payment  of  a  debt  before  it  was  is- 
sued, has  been  strictly  adhered  to  for  a  long  time,  and  the  re- 
sult shows  the  wisdom  of  this  course  ;  for  the  State  has 
always  had  an  enviable  credit  at  home  and  abroad.  Her 
bonds  find  ready  sale  in  Europe,  and  at  prices  considerably 
higher  than  those  of  any  other  American  securities ;  and 
here  her  scrip  is  sought  for  by  all  persons  seeking  places  for 
safe  investments. 

I  find  that  the  funded  debt  of  the  Common- 
wealth is 829,737,259  90 

Temporary  loans, 1,086,120  12 


Total  amount  of  debt  January  1, 1870,      .     $30,823,380  02 

Increase  during  the  year, ....         2,087,509  97 

It  should  not  be  forgotten,  in  this  connec- 
tion, that  while  the  funded  debt  has  in- 
creased, the  sinking  funds  established  for 
its  redemption  have  also  increased  in  pro- 
portion. These  amounted,  on  the  first 
of  January  current,  to    .         .         .         .  $11,476,351  27 

And  there  is  cash  on  hand,  applicable  also  to 

the  payment  of  the  debt,  amounting  to     .       1,054,710  51 

Back  Bay  lands  fund  in  the  Treasury,  (which 

may  be  used  for  this  purpose,)         .         .  236,922  62 

These  sums  deducted  leave  an  indebtedness 
of  the  State,  for  which  still  further  provi- 
sion is  to  be  made,  of      ...         .     18,055,395  56 

From  this  last  item,  in  order  to  understand 
the  real  liability  of  the  State  for  principal 
and  interest,  there  must  be  deducted  the 
loan  to  the  Western  Railroad,  (not  pro- 
vided for  in  the  sinking  funds,)  of  .         .     $1,621,232  30 

Loan  to  the  Boston,  Hartford  and  Erie  Rail- 
road, (unprovided  for  in  the  sinking 
funds,) 2,832,154  00 

Loan  to  the  Norwich  Railroad,  (also  unpro- 
vided for  in  the  sinking  funds,)        .         .  146,861  00 

Loan  to  the  Eastern  Railroad,     .         .         .         125,000  00 


Total, $4,725,250  30 

Which  leaves  to  be  provided  for  by  the  State, 

principal  and  interest,  the  sum  of    .         .     13,330,145  26 
There  are  several  other  items  which  will  ul- 


350  GOVERNOR'S  ADDRESS. 

timately  reduce  the  debt.  Among  these 
many  be  mentioned  the  receipts  for  the 
Back  Bay  lands,  which  are  estimated  at  .     11,500,000  00 

Land  sold  to  the  Boston  and  Albany  Rail- 
road,       435,000  00 

And  the  balance  of  our  unsettled  claims 
against  the  United  States  Government, 
which  are  estimated  at    .         .         .        .         400,000  00 

It  will  be  readily  seen  from  this  statement  that  the  State 
is  obliged  to  pay,  from  current  revenue  and  taxation,  interest 
on  about  $13,500,000.  A  large  portion  of  the  loan  is  issued 
at  five  per  cent,  interest,  payable  in  gold.  This  indebtedness 
will  be  increased  annually  for  the  next  four  years,  about  one 
million  dollars,  by  payments  to  the  contractors  for  the  work 
on  the  Hoosac  Tunnel,  under  their  agreement  with  the  Com- 
monwealth. 

This  amount,  with  that  still  to  be  issued  to  Boston,  Hart- 
ford and  Erie  Railroad,  will  swell  the  liabilities  of  the  State 
to  thirty-five  millions  of  dollars.  Although  with  the  large 
sinking  funds  in  the  Treasury  and  the  items  which  by  law 
are  pledged  to  those  funds,  the  debt  is  not  heavy  when  we 
compare  the  present  condition  of  the  State  with  that  of  a  few 
years  since  ;  still,  with  the  heavy  taxation  for  national  pur- 
poses necessarily  following  the  war,  which  is  seriously  felt  by 
all,  the  question  may  be  asked  whether  it  is  wise  for  the  Leg- 
islature to  increase  its  liabilities  in  aid  of  new  enterprises. 

Experience  shows  ns  that  a  project  once  commenced  under 
the  patronage  of  the  State  has  to  be  still  further  sustained, 
or  large  losses  are  almost  sure  to  accrue  to  the  Common- 
wealth and  the  other  parties  interested.  The  Hoosac  Tun- 
nel and  Troy  and  Greenfield  Railroad  and  the  Boston,  Hart- 
ford and  Erie  Railroad,  open  to  the  business  of  the  Common- 
wealth, and  that  of  Boston,  new  sections  of  country. 

For  the  purpose  of  aiding  the  construction  of  these  large 
works,  the  State,  in  accordance  with  her  established  policy, 
originally  granted  them  the  use  of  her  credit.  She  has  been 
obliged  to  assume  the  whole  work  on  the  Hoosac  Tunnel  and 
the  Troy  and  Greenfield  Railroad.  It  seems  desirable  to 
await  the  result  of  this  undertaking  before  entering  upon  any 
more  enterprises,  which,  by  any  possibility,  can  be  thrown 
upon  the  Commonwealth. 

The  aid  granted  for  these  two  enterprises  will  amount  to 
nearly  fifteen  millions  of  dollars  when  they  are  completed. 
Surely  if  we  would  carefully  guard  the  credit  of  the  State, 
and,  I  believe,  heed  the  wishes  of  our  constituents,  we  should 


GOVERNOR'S  ADDRESS.  351 

hesitate  long  before  we  lend  the  credit  of  the  Commonwealth 
to  any  new  project,  however  earnestly  it  may  be  pressed  by 
its  friends  upon  our  attention.  With  the  large  number  of 
railroads  crossing  the  State  in  every  direction,  and  these  two 
main  lines,  in  progress,  soon  to  reach  the  Hudson  River,  no 
great  suffering  can  be  experienced  by  deferring  the  com- 
mencement of  new  railroads  demanding  the  assistance  of  the 
State,  until  it  shall  be  evident  that  the  public  necessity  calls 
for  them. 

These  remarks  by  no  means  apply  to  legislation  which 
fosters  private  enterprises,  for  it  is  always  a  wise  policy,  and 
especially  so  at  the  present  time,  to  encourage  by  liberal 
franchise  such  investment  of  private  capital,  by  our  own  citi- 
zens and  others,  as  will  tend  to  develop  the  resources  or  pro- 
mote the  commerce  of  the  Commonwealth. 

The  ordinary  expenses  of  the  State  for  the 

year  ensuing  are  estimated  at  .         .         .     $5,500,000  00 

And  the  ordinary  receipts  from  all  sources, 

other  than  by  taxation,  are  estimated  at  .       3,000,000  00 

If  no  extraordinary  grants  are  made,  a  tax  of  only  |2,- 
500,000  will  be  necessary,  unless  further  provision  is  made 
for  increasing  the  ordinary  revenue.  There  are  new  sources 
of  wealth  constantly  developing,  which,  while  sharing  the 
benefits  of  government,  do  not  share  its  burdens.  Real 
estate  and  corporate  property  are  taxed  their  full  share,  at 
all  times.  If  other  property  is  overlooked  or  allowed  to  bear 
a  less  percentage  of  taxation,  the  balance  must  be  borne  by 
those  estates  which  are  thereby  assessed  for  more  than  their 
fair  proportion.  This  subject  should  be  carefully  examined 
by  the  Legislature  before  the  tax  is  assessed. 

THE   HOOSAC   TUNNEL. 

A  little  more  than  a  year  ago  the  work  on  the  Hoosac  Tun- 
nel was  contracted  to  Messrs.  W.  &  F.  Shanly,  of  Montreal, 
gentlemen  of  high  standing  and  great  experience  on  public 
works  of  a  similar  character.  They  were  not  able  to  complete 
their  arrangements  until  last  April,  when  they  took  posses- 
sion of  the  works  and  commenced  operations.  As  nothing 
had  been  done  for  six  months  previous,  much  of  the  machin- 
ery needed  repairs  ;  the  central  shaft  was  filled  with  water, 
and  the  new  machinery  there  was  quite  incomplete.  Most 
of  the  trained  workmen  previously  employed  had  been  dis- 
persed during  the  period  of  suspension.  Owing  to  these 
causes,  the  progress  of  the  first  few  months  was  below  the 
average  which  has  been  more  recently  attained. 


352  GOVERNOR'S  ADDRESS. 

Under  these  circumstances,  the  Council  did  not  think  it  just 
to  the  contractors  to  insist  upon  the  rate  of  progress  stipu- 
lated, until  the  first  of  July  last,  when  an  Order  was  passed 
requiring  them  to  perform  the  prescribed  amount  of  work 
monthly.  In  July  and  August  their  estimates  reached  about 
three-quarters,  and  in  September,  five-sixths,  of  the  required 
amount.  The  storm  of  October  4th  stopped  the  work  at  all 
points,  for  a  few  days.  At  the  east  end  the  work  was  but 
little  injured,  and  there  was  but  a  short  delay  in  the  usual 
progress  at  the  main  points.  At  the  west  end,  the  damage 
was  more  serious,  owing  to  the  breaking  away  of  the  em- 
bankment of  a  brook  by  the  side  of  the  brick  arch.  The  tun- 
nel was  filled  with  water,  which  was  dammed  up  by  the  earth, 
stones  and  trees  brought  down  by  the  torrent.  A  delay  of 
several  weeks  occurred  before  the  water  could  be  drained 
from  the  tunnel  sufficiently  to  permit  the  resumption  of  the 
work.  But  for  this  interruption  it  is  believed  that  the  con- 
tractors would  have  made  the  required  progress  in  October. 
The  Messrs.  Shanly  have  used  as  much  diligence,  perliaps, 
as  could  be  expected  from  contractors,  though  not  so  much 
as  was  desired  on  the  part  of  the  authorities  having  the  work 
in  charge.  They  have  constantly  pressed  upon  the  contrac- 
tors the  importance  of  greater  activity,  and  the  necessity  of 
using  the  best  means  to  facilitate  the  work.  Recently,  more 
energy  has  been  shown,  and  at  certain  points  the  work  has  ad- 
vanced at  the  required  rate  for  the  last  two  months.  Still, 
the  amount  of  work  for  the  past  sis  months  will  fall  short, 
according  to  the  contract,  very  considerably.  I  am  assured, 
however,  that  the  contractors  will  soon  make  up  the  defi- 
ciency, as  it  is  manifestly  for  their  interest  to  do  ;  and  as  I  am 
happy  to  say,  from  the  last  two  months'  experience,  they  will 
evidently  be  able  to  accomplish.  They  have  thus  far  fulfilled 
the  expectations  of  the  authorities  as  to  the  quality  of  the 
work.  There  has  been  no  disposition  to  evade  responsibility, 
biit  they  have  sometimes  chosen  a  cheaper  process  when  a 
more  costly  one  would  have  enabled  them  to  advance  more 
rapidly.  Undoubtedly  they  can  save  money  by  working  at 
a  moderate  rate,  and  the  machinery  used  has  attained  such 
perfection  that  they  can  finish  the  work  easily,  within  the 
time  specified  in  the  contract.  An  earlier  completion  of  this 
great  work  is  of  vast  importance  to  the  State.  Every  year's 
delay  results  in  a  heavy  loss  of  interest  directly,  and  in  a 
great  loss  of  profitable  business  which  will  find  its  way  in- 
evitably to  the  seaboard  and  to  a  large  portion  of  the  State, 
over  this  route. 


I 


GOVERNOR'S  ADDRESS.  353 

I  would  suggest  that  some  provision  should  be  made  where- 
by the  contractors  may  receive  additional  compensation  for 
an  earlier  completion  of  the  work  tlian  the  contract  requires. 
A  moderate  sum  would  be  of  much  importance  to  them,  and 
at  the  same  time  the  benefit  to  the  State  would  be  great,  in 
the  saving  of  interest,  and  in  the  advantages  which  would 
accrue  to  the  public  from  an  earlier  opening  of  the  route.  I 
can  safely  say  that  there  is  no  longer  any  doubt  of  the  final 
completion  of  the  Tunnel,  in  the  minds  of  the  authorities 
having  this  work  in  charge,  or  of  those  who  have  been  con- 
versant with  it  from  the  beginning,  but  have  had  no  direct 
connection  with  it. 

Tbe  disastrous  flood  in  the  Deerfield  River,  caused  by  the 
late  freshet,  occasioned  much  damage  to  the  railroad.  By 
request  of  the  Council,  Mr.  Appleton,  one  of  the  Railroad 
Commisfioners,  and  Mr.  Field,  the  engineer  under  whose 
charge  the  road  was  constructed,  accompanied  by  the  com- 
mittee on  the  Hoosac  Tunnel,  made  a  survey  of  the  railroad 
from  Greenfield  to  the  east  end  of  the  Tunnel.  They  have 
made  an  estimate  of  the  amount  necessary  to  repair  the  dam- 
age, ordinary  and  extraordinary,  which  was  caused  by  the 
freshet. 

The  road  is  in  the  hands  of  the  lessees,  who,  until  recently, 
have  declined  to  make  the  repairs,  unless  a  large  portion  of 
the  expense  should  be  assumed  by  the  State.  As  there  is  no 
one  authorized  to  make  such  an  expenditure,  the  whole  mat- 
ter must  come  before  you  for  action.  I  would  suggest  that 
the  subject  receive  your  attention  at  as  early  a  day  as  possi- 
ble, for  an  energetic,  thriving  and  enterprising  community, 
who  were  just  beginning  to  appreciate  the  facilities  for  doing 
business  enjoyed  by  most  of  the  other  parts  of  the  State,  are, 
by  this  calamity,  suddenly  thrown  into  a  condition  worse 
than  that  which  existed  before  the  construction  of  the  rail- 
road. Up  to  January  1,  the  Messrs.  Shanly  had  nearly  ac- 
complished work  to  the  amount  of  the  guaranty-fund  of 
$500,000,  and  they  will  therefore  be  entitled  to  receive  cash 
payments  in  accordance  with  their  contract,  for  the  greater 
part  of  the  January  work,  and  for  all  that  they  shall  subse- 
quently perform. 

BOSTON,   HARTFORD    AND   ERIE   RAILROAD. 

By  Act  of  the  Legislature  (chap.  450,  Acts  of  1869,)  the 
Governor  and  Council  were  authorized  to  issue  in  aid  of  the 
Boston,  Hartford  and  Erie  Railroad  Company,  five  millions 
of  dollars,  including  the  amount  issued  up  to  the  time  of  the 
passage  of  the  Act. 

45 


354  GOVERNOR'S  ADDRESS. 

The  company  having  complied  with  the  conditions  of  the 
law  in  all  respects,  scrip  has  been  issued  in  its  behalf  from 
time  to  time,  to  a  sum  amounting,  on  the  first  of  January 
current,  to  13,392,840. 

By  the  requirements  of  the  Act  the  company  were  to  give 
the  State  as  security  :  First,  A  second  mortgage  on  all  of  the 
property  purchased  of  the  Boston  \Yliarf  Company  by  the 
Railroad  Company.  Second,  The  company  were  to  place  in 
the  hands  of  the  Treasurer  of  the  Commonwealth,  one  thou- 
sand dollars  of  the  bonds  of  the  mortgage  to  R.  H.  Berdell 
and  others,  as  trustees,  for  every  one  thousand  dollars  of 
scrip  received  from  the  State.  Third,  To  pay  into  the  Treas- 
ury such  sums  as  the  Governor  and  Council  might  direct  for 
a  sinking  fund,  to  be  applied  to  the  redemption  of  the  scrip 
issued  by  the  State. 

Thus  far  the  company  have  promptly  complied  with  the 
conditions  imposed  upon  them  by  the  Legislature,  and  the 
amount  paid  into  the  sinking  fund,  under  this  arrangement, 
on  the  first  of  January,  was  f560,686. 

It  will  be  also  remembered,  that  one  million  dollars  of  the 
five  is  to  be  expended  in  improving  the  lands  at  South  Bos- 
ton, ou  which  the  State  has  a  mortgage.  It  should  be  stated 
that  the  scrip  issued  to  this  corporation  has  thirty  years  to 
run,  becoming  due  in  the  year  1900.  If  the  company  pay 
the  interest  on  the  scrip  issued,  according  to  their  agreement 
with  the  Commonwealth,  the  amount  paid  into  the  sinking 
fund  for  the  redemption  of  these  bonds  will  accumulate  suf- 
ficiently to  redeem  them  at  maturity  without  farther  payment 
by  the  company.  This  calculation  is  based  upon  the  expec- 
tation that  the  sinking  fund  will  be  (^loaned  at  six  per  cent., 
as  has  been  done  hitherto,  by  the  State,  with  similar  funds. 

The  work  on  the  road  has  been  pushed  with  great  energy 
by  the  contractors,  who  are  gentlemen  of  large  personal  ex- 
perience, and  whose  professional  reputations  are  of  the  high- 
est order.  They  have  performed  their  work  to  the  satisfac- 
tion of  E.  S.  Philbrick,  Esq.,  the  engineer  employed  by  the 
Council,  and  his  opinion  in  such  matters  is  entitled  to  full 
confidence.  It  is  the  belief  of  those  in  charge  of  the  work 
that  it  will  be  completed  to  the  Hudson  River  and  ready  for 
business  by  next  autumn,  and  possibly  sooner. 

THE    SOUTH    BOSTON   FLATS. 

Much  attention  has  been  given  by  your  predecessors  to  the 
subject  of  improving  the  South  Boston  Flats.  Various 
schemes  for  filling  them  have  been  suggested,  considered 
and  abandoned.     Propositions  for  their  purchase  have  been 


GOYERNOR'S  ADDRESS.  355 

made  by  corporations  and  individuals,  to  those  having  them 
in  charge ;  but  in  all  cases  there  was  so  little  hope  that  the 
Commonwealth  would  ever  realize  any  considerable  amount 
from  the  sale,  that  they  have  been  rejected. 

Tlie  controversy  with  the  Boston  Wharf  Company  stood  in 
the  way  of  any  improvement,  and  there  seemed  to  be  no 
prospect  of  its  immediate  settlement.  Finally  that  portion 
in  dispute  passed  into  the  hands  of  the  Boston,  Hartford  and 
Erie  Railroad,  and  soon  after,  the  corporation  began  a 
negotiation  with  the  State  authorities,  for  a  settlement  of  all 
matters  in  dispute  between  them  and  the  Commonwealth. 
Early  in  the  summer  a  contract  was  concluded,  by  which 
that  corporation  acquires  a  clear  title  from  the  State  to  about 
forty-four  acres  of  flats,  lying  along  Fort  Point  Channel, 
north  of  the  Boston  Wharf  Company. 

Most  of  this  territory  was  in  dispute,  occasioned  by  the 
grant  made  to  that  Company,  in  1855,  and  subsequently 
annulled  by  tlie  legislature  of  1867.  From  this  property  the 
Commonwealth  will  realize  an  income  on  $545,505  in  three 
years  from  the  first  day  of  July  last. 

The  corporation  has  already  commenced  filling  the  flats, 
using  for  that  purpose,  as  stipulated  in  the  contract,  material 
dredged  from  the  shoals  near  the  flats  ;  thus  accomplishing 
a  most  important  work  for  the  benefit  of  the  harbor — an 
object  never  lost  sight  of  by  the  commissioners  having  charge 
of  these  matters. 

At  last  this  long  contemplated  improvement  of  such 
moment  to  Boston  and  the  Commonwealth,  in  the  future,  is 
fairly  inaugurated,  and  Trith  every  prospect  of  its  final  and 
satisfactory  completion.  Negotiations  which  had  been  pend- 
ing for  several  months  with  the  Boston  and  Albany  Railroad, 
have  resulted  in  a  sale  to  that  corporation  of  fifty  acres  of 
the  fiats,  lying  east  of  those  sold  to  the  Boston,  Hartford 
and  Erie  Railroad.  The  amount  realized  is  $435,000,  pay- 
able in  three  years  from  the  first  day  of  October  last. 

In  both  instances  the  sea-walls  in  front  of  the  land  sold 
are  to  be  built  by  the  corporations  purchasing,  under  the 
direction  of  the  Board  of  Harbor  Commissioners,  and  in 
accordance  with  plans  recommended  by  a  Board  of  Engineers, 
of  the  highest  reputation,  after  the  most  careful  and  mature 
consideration. 

The  filling  is  also  to  be  done  under  the  direction  of  the 
Harbor  Commissioners,  so  that  it  would  seem  that  every 
necessary  precaution  had  been  taken  to  have  the  work  done 
in  the  most  substantial  manner.  Thus  within  three  years 
the  treasury  of  the  State  will  be  in  receipt  of  income,  from 


356  GOVERNOR'S  ADDRESS. 

the  sale  of  less  than  a  tenth  part  of  these  flats,  on  nearly  one 
million  dollars.  While  this  seems  to  be  a  large  sum  for  a 
small  portion  of  this  property,  hitherto  considered  of  doubt- 
ful value  by  most  persons,  and  entirely  worthless  by  not  a 
few,  it  is  believed,  by  those  having  the  disposal  of  it,  to  be 
far  less  than  its  real  value,  and  that  the  corporations  pur- 
chasing will,  in  the  end,  realize  a  large  profit  if  tliey  sell  it 
for  ordinary  uses.  In  justification  of  this  sale  it  may  be 
stated  that  the  immediate  commencement  of  the  enterprise 
was  of  the  first  importance  to  the  public,  and  especially  if 
that  commencement  should  be  made  by  these  parties  who 
need  ample  accommodation  for  their  future  business,  in 
which  tlie  people  of  the  State  have  such  a  deep  interest. 
That  these  corporations  should  have  an  abundance  of  room 
near  the  great  centres  of  trade  is  apparent  to  all ;  and,  while 
the  treasury  of  the  State  will  be  a  large  gainer  by  the  im- 
provement of  these  flats,  it  is  certain  that  the  indirect  benefit 
to  the  people  of  the  city  and  State  will  be  incalculable.  It 
is  an  immense  undertaking — larger  than  anything  of  the 
kind  ever  attempted  by  the  people  of  this  country,  but  one 
which  the  enterprise  and  energy  of  the  Commonwealth  will 
undoubtedly  bring  to  a  successful  issue.  It  will  be  remem- 
bered that  the  territory  intended  to  be  filled  is  larger  than 
the  original  size  of  Boston. 

In  order  to  remove  all  objections  that  might  be  raised  to 
the  Commonwealth's  title  to  the  flats  in  South  Boston,  the 
Harbor  Commissioners  were  authorized  by  the  last  legisla- 
ture (chap.  440,  Acts  of  1869,)  to  purchase  from  the  shore 
owners  any  lands  or  flats  lying  westerly  of  E  Street  ex- 
tended. Contracts  have  been  made  with  nearly  all  the 
owners  for  their  lands  and  riparian  rights,  by  which  the 
Commonwealth  acquires  nearly  two  million  feet  of  land  for 
something  less  than  two  hundred  and  fifty  thousand  dollars. 
Tlie  Commissioners  are  of  the  opinion  that  ultimately  no  loss 
will  be  sustained  by  the  Commonwealth  from  this  purchase, 
while  all  cause  of  litigation  will  be  removed. 

It  has  been  the  effort  of  the  Commissioners — in  which  they 
have  been  cordially  sustained  by  the  Executive  Council — to 
remove  not  only  every  legal  objection  which  might  be  pre- 
sented to  the  State's  title  in  these  flats,  but  also  every  claim 
which  had  in  it  a  shadow  of  equity,  so  that  there  might  be 
no  just  ground  of  complaint  by  any  one  hereafter.  They 
believed  it  altogether  more  important  to  the  State  and  the 
city  of  Boston  to  bring  this  largo  property  into  immediate 
preparation  for  the  valuable  uses  to  which  it  is,  in  the  future, 
to  be  applied,  than  to  save  possibly  a  few  thousand  dollars 


GOVERNOR'S  ADDRESS.  357 

after  the  long  delays  and  heavy  expenses,  which  are  sure  to 
follow  litigation  in  such  cases. 

THE    SAVINGS    BANKS. 

The  report  of  the  Commissioner  of  Savings  Banks  shows 
an  increase  of  $17,393,147.89  over  the  amount  deposited 
the  previous  year.  The  whole  amount  on  deposit  is  now 
$112,119,016.64,  with  a  reserve  in  addition  of  $2,682,591.59. 

These  institutions  are  becoming  still  more  the  favorite 
places  of  deposit,  not  only  for  persons  of  small  means,  but 
also  for  those  seeking  investment  for  very  considerable  sums. 
The  dividends  paid  by  them  from  year  to  year  are  large, 
showing  that  they  are  managed  with  skill  and  integrity. 
Tlie  State  has  always  encouraged  deposits  in  them  as  fur- 
nishing the  greatest  security  for  those  persons  having  a  little 
money  to  loan,  but  who  cannot  afford  the  time,  and  have 
not  the  proper  knowledge  to  make  other  investments.  The 
prudent  management  of  these  banks  has  met  its  reward  in 
gaining  the  confidence  of  the  public  to  such  a  degree  that 
even  the  capitalists  use  them  as  places  of  investment.  So 
evident  is  it  that  no  harm  will  come  from  tliis  increase  of 
deposit,  but  great  benefit,  that  I  again  recommend  the  in- 
crease of  the  amount  of  deposit  which  may  be  made  by  any 
one  individual  to  five  thousand  dollars. 

Active  capital,  invested  in  our  own  State,  is  one  great 
need  for  the  increase  of  manufacturing  enterprises.  Invest- 
ments in  other  States  may  pay  large  dividends  for  a  time, 
but  as  a  rule  they  are  not  so  safe,  nor  in  the  end  are  they 
more  profitable  to  the  investor  than  those  made  in  manufac- 
turing corporations  in  our  own  State. 

A  million  dollars  invested  in  a  manufactory  here  will  keep 
the  people  of  a  large  village  employed,  enhance  the  value  of 
property  around  it,  and  add  taxable  property  to  the  Com- 
monwealth. 

The  owners  can  then  oversee  and  direct  their  corporation 
or  company,  and  know  whether  it  is  carried  on  for  their 
benefit  or  for  that  of  some  intimate  friend  of  the  superintend- 
ent, director  or  manager. 

Every  facility  should  be  afforded  our  merchants  and  manu- 
facturers to  obtain  the  use  of  active  capital.  Our  national 
banking  system  does  not  allow  an  increase  of  banks  in  this 
State,  and  the  public  have,  therefore,  no  other  resource  left 
to  obtain  loans  but  from  private  banking  houses,  unless  the 
larger  savings  banks  are  opened  to  them. 

Many  of  these  institutions  now  use  such  portion  of  their 
funds  as  the  law  allows  for  loans  on  personal  security,  in  dis- 


358  GOVERNOR'S  ADDRESS. 

counting  mercantile  paper  :  though  it  is  doubtful  if  they  can 
do  so  legally.  This  has  been  found  not  only  safe  and  profit- 
able, but  of  much  service  to  men  engaged  in  manufacturing 
and  other  business.  Tliere  is  no  good  reason  why  those  de- 
siring discounts  should  not  have  this  access  to  the  large 
amounts  of  capital  placed  in  these  banks.  Very  soon  they 
will  absorb  a  large  portion  of  the  active  capital  of  the  State, 
investment  of  which  elsewhere  will  be  a  serious  loss  to  the 
commercial  community.  I  ask  a  careful  consideration  of 
this  whole  subject. 

VALUATION    COMMITTEE. 

By  an  Act  passed  April  10, 1861,  (Acts  1861,  Chap.  167,) 
entitled  "  An  Act  to  secure  a  uniform  description  and  ap- 
praisal of  the  estates  in  the  Commonwealth  for  the  purposes 
of  taxation,"  it  was  provided  that  the  Secretary  of  the  Com- 
monwealth shall  furnish  yearly  to  the  assessors  of  the  several 
cities  and  towns  suitable  blank-books  for  their  use,  "  with 
uniform  headings  for  a  valuation  list,"  and  that  the  assessors 
shall  deposit  with  the  Secretary  of  State  every  fifth  and  tenth 
year  of  each  decade,  a  certified  copy,  under  oath,  of  the  as- 
sessors' books  of  those  years. 

The  object  the  Legislature  had  in  view  in  making  that 
law,  was,  doubtless,  to  furnish  the  means  for  a  comparison  of 
the  valuation  of  the  several  cities  and  towns  for  those  years 
of  the  decade. 

From  the  returns  thus  made,  the  Legislature  sitting  in  the 
closing  year  of  the  decade  would  be  enabled  to  make  the  de- 
cennial valuation  without  delay,  and  thereby  avoid  the  large 
expense  of  a  valuation  committee  sitting  in  recess.  A  com- 
mittee of  the  Legislature  sitting  during  the  session  will  have 
many  advantages,  which  are  not  available  to  one  sitting  in 
recess,  as  all  parts  of  the  State  are  fully  represented,  and 
the  committee  can  learn  from  the  members  every  particular 
relating  to  estates  in  the  districts  which  they  represent.  The 
business  will  be  done  promptly,  and  the  members  will  be  well 
informed  of  the  views  of  the  committee,  and  the  reasons  for 
adopting  the  scale  of  valuation  for  the  property  of  their  dis- 
tricts. 

EDUCATION. 

The  people  of  the  State  will  ever  feel  a  deep  interest  in 
the  cause  of  education.  It  concerns  every  citizen  ;  and  he 
should  rejoice  to  share  the  responsibility  of  the  trust.  In 
its  prosperity  is  the  prosperity  of  the  State. 

If  the  character  of  the  pubhc  instruction  is  high,  then 
will  that  great  multitude  which  go  forth,  annually,  from  our 


GOVERNOR'S  ADDRESS.  359 

public  schools,  to  engage  in  the  active  duties  of  life,  be  fitted 
for  the  demands  made  upon  them  in  this  stirring  and  pro- 
gressive age. 

Every  parent  should  feel  that  in  the  Common  School  Sys- 
tem he  can  find  that  education  for  his  child  which  will  fit 
him,  not  only  to  discharge  the  daily  duties  of  life,  but  also 
to  enter  into  the  higher  walks  of  learning,  if  he  desires  to  do 
so. 

It  must  not  be  said  of  us,  that  we  are  falling  behind  other 
States  in  our  methods  of  instruction ;  in  the  adaptation  of 
our  buildings,  or  any  other  means  or  instruments  of  educa- 
tion. 

Though  a  great  advance  has  been  made  in  the  last  twen- 
ty-five years,  still  there  is  much  room  for  improvement. 

Our  instructors  must  be  more  liberally  paid,  so  that  they 
may  feel  more  encouragement  to  prepare  themselves  for  the 
duties  of  their  profession.  Let  them  understand  that  their 
efforts  to  become  successful  teachers  are  fully  appreciated 
and  compensated  by  the  community,  and  then  there  will  be 
no  further  complaint  of  inefficiency  on  their  part.  The  Nor- 
mal Schools  are  doing  much  to  elevate  the  standard  of  in- 
struction, which  was  the  main  purpose  of  their  establisliment ; 
but  yet  they  can  do  very  little  towards  supplying  the  great 
number  of  trained  teachers  that  are  required.  Of  the  seven 
or  eight  thousand  teachers  in  our  public  schools,  probably 
not  over  one  thousand  have  been  trained  in  the  Normal 
Schools.  Several  of  the  cities  and  some  of  the  towns  have 
established  Training  Schools,  which  are  quite  successful  in 
aiding  young  persons  in  preparing  to  become  teachers. 

A  large' number  of  pupils  leave  the  academies  of  the  State 
annually,  who,  for  a  longer  or  shorter  period,  are  employed 
as  teachers  in  our  common  schools.  They  would  be  much 
better  prepared  if,  before  leaving  school,  they  could  have  a 
course  of  training  in  the  specific  work  of  instruction,  which 
is  really  an  art  to  be  learned. 

The  interests  of  education  would  be  greatly  promoted  by 
a  moderate  appi'opriation  from  the  School  Fund  to  those 
academies  which  would  establish  training  classes  under  suit- 
able instructors,  and  such  as  have  received  the  approbation 
of  the  Board  of  Education. 

I  find  that  there  are  in  the  State  270,000  persons  between 
the  ages  of  five  and  fifteen  years.  Of  this  number,  247,000 
attend  school  a  part  of  the  year — the  average  attendance  in 
winter  being  200,000 — showing  a  slight  increase  over  former 
years. 


360  GOVERNOR'S,  ADDRESS. 

The  amount  expended  for  instruction  is  $3,123,886,  an  in- 
crease over  last  year  of  $273,181  ;  making  an  average  of 
$10.85,  or  an  increase  of  about  95  cents  over  last  year,  for 
each  child  in  the  State.  No  better  evidence  can  be  given  of 
the  readiness  of  the  people  to  place  our  schools  on  the  high- 
est basis,  than  the  steady  increase  of  the  grants  for  their  sup- 
port from  year  to  year.  The  best  friends  of  education  were 
fearful  years  ago,  that  the  largest  amount  had  been  reached 
that  could  be  raised  by  popular  vote,  but  they  have  been  sur- 
prised by  an  annual  average  increase  of  nearly  $300,000  for 
the  four  or  five  past  years.  In  addition  to  the  amount  raised 
for  instruction  the  last  year,  there  have  been  expended  in  the 
erection  and  repair  of  school-houses,  $1,295,314.  In  the 
year  1845,  my  honored  predecessor,  Governor  Briggs,  esti- 
mated that  the  State  contributed  for  all  the  purposes  of  pub- 
lic education,  about  $1,000,000  ;  but  the  expenditure  in  the 
State  the  past  year,  for  which  the  people  tax  themselves,  is 
over  $4,400,000.  Surely  we  may  congratulate  ourselves 
that  this  is  not  an  age  of  materialism  with  us,  when  the  peo- 
ple so  fully  appreciate  the  importance  of  cultivating  the 
mind. 

No  parent  is  justified  in  withholding  from  his  child  the 
benefits  which  he  may  receive  from  such  ample  provision  for 
his  education.  The  law  passed  by  the  Legislature,  at  its  last 
session,  abolishing  the  district  system  in  all  parts  of  the  State 
has  been  carried  into  effect,  cheerfully,  and  with  the  best  re- 
sults. 

There  may  be  cases  of  hardship  and  inconvenience  in  a 
few  instances,  but  a  new  order  of  things  will  soon  be  estab- 
lished, better  suited  to  the  wants  of  the  time,  and  more  in 
accordance  with  our  enlightened  system  of  public  instruction. 

PENAL   AND    EEFORMATORY  INSTITUTIONS. 

The  reports  of  the  Warden  and  Inspectors  of  the  State 
Prison  show,  that  the  affairs  of  that  institution  are  man- 
aged with  such  skill  and  prudence,  that  the  people  of  the 
State  are  not  subjected  to  taxation  for  its  support. 

The  number  of  prisoners  is  larger  than  ever  before,  and  it 
has  increased  steadily  the  past  year.  Intemperance  is  always 
a  principal  cause  of  crime,  filling  all  our  jails  and  houses  of 
correction  ;  and  any  course  of  public  policy  which  increases 
this  great  evil,  is  followed  by  a  greater  number  of  commit- 
ments. 

The  almost  unrestricted  sale  of  intoxicating  liquors  for  the 
fourteen  months  previous  to  the  first  of  July  last,  resulted, 
as  usual,  in  an  increase  of  crime,  and  consequently  a  larger 


GOVERNOR'S  ADDRESS.  361 

number  of  prisoners.  The  commitments  have  diminished 
since  October,  indicating  that  the  maximum  has  been  reached, 
for  the  present.  There  has  been  no  essential  change  in  the 
management  of  the  prison  tlie  past  year.  The  discipline  has 
been  good,  as  usual,  and  tlie  health  of  the  prisoners  is  excel- 
lent, when  we  consider  that  all  imprisonment  is  injurious  to 
health.  The  last  Legislature  provided  for  the  establishment 
of  regular  instruction  in  the  prison  during  the  winter  months. 
The  school  has  been  in  successful  operation  since  September  ; 
proving  that  a  large  number  of  the  prisoners  would  gladly 
avail  themselves  of  its  privileges,  if  they  had  the  opportunity. 
It  is  the  duty  and  interest  of  the  State  to  provide  them  am- 
ple means  of  instruction.  This  must  be  evident  to  every 
one,  who  considers  that  the  average  age  of  the  prisoners  is 
about  twenty-four  years,  and  that  a  large  portion  cannot  read 
nor  write. 

The  prison  is  now  so  nearly  filled,  as  to  cause  the  officers 
in  charge  to  consider  what  necessary  provision  can  be  made 
should  there  be  a  farther  increase  of  inmates.  In  this  con- 
nection it  becomes  necessary  to  decide  whether  the  present 
prison  shall  be  enlarged,  or  a  new  one  built  in  another  loca- 
tion. 

It  may  be  found  expedient  for  the  State,  and  more  in  ac- 
cordance with  its  spirit  of  reform,  to  establish  some  system 
of  classification,  whereby  those  committing  high  crimes,  and 
who  are  hardened  in  vice,  shall  be  separated  from  criminals 
who  are  young  and  inexperienced.  The  purpose  of  a  young 
man  on  his  first  commitment  to  a  prison,  is  to  reform  ;  but 
too  often  he  finds  himself  placed  side  by  side  with  the  most 
abandoned  ;  he  is  looked  upon  with  ungenerous  suspicion  by 
his  former  friends  ;  and  after  months  of  imprisonment,  when 
he  might  have  been  taught  much  that  is  good,  he  has  learned 
only  evil.  He  is  thus  fully  prepared,  on  his  release,  for  a 
career  of  crime.  If  a  prison  were  established  with  the  ref- 
ormation of  these  offenders  for  its  leading  object,  many  who 
are  now  lost  to  society  might  be  saved  and  become  useful  and 
respectable  citizens.  Such  an  institution  would  be  an  honor 
to  the  State,  be  in  keeping  with  its  humane  and  enliglitened 
spirit,  and  prevent  a  large  amount  of  crime.  Prevention  is 
surely  better  than  cure. 

The  classification  of  prisoners  has  engaged  the  attention  of 
the  humane  and  philanthropic  for  a  long  time,  and  recently 
their  attention  has  been  called  more  especially  to  the  neces- 
sity of  making  such  arrangements  in  our  prison  system  as 
will  bring  about  this  most  desirable  result.  The  courts,  in 
passing  sentences,  often  send  criminals  for  a  longer  period  to 

46 


362  GOVERNOR'S  ADDRESS. 

the  House  of  Correction  than  tliey  would  to  the  State  Prison, 
for  the  same  crime  ;  showing  that  tlie  disgrace  of  a  sentence 
to  a  prison  filled  with  old  offenders  is  such  as  induces  a  short- 
ening of  sentences.  Hardened  criminals  understand  this, 
and  often  ask  for  commitment  to  the  State  Prison,  in  order 
that  they  may  be  the  sooner  released,  to  prey  upon  the  com- 
munity. Incorrigible  offenders  should  not  be  allowed  to 
teach  tlie  young  and  thoughtless  their  ways  and  manner  of 
life.  The  State  is  responsible  for  the  evil  which  follows  from 
herding  them  indiscriminately  with  the  novices  in  crime. 

If,  on  examination,  it  is  found  that  it  is  for  the  best  inter- 
ests of  the  Commonwealth  to  enter  on  the  work  of  classifica- 
tion, then  it  will  become  necessary  to  examine  into  our  whole 
system  of  imprisonment,  with  a  view  to  its  improvement. 

There  are  now  fifteen  houses  of  correction  scattered  through 
the  State,  in  which  are  about  sixteen  hundred  inmates. 

A  large  part  of  these  are  under  sentences  from  six  months 
to  three  years,  for  all  sorts  of  otfences,  from  simple  drunken- 
ness to  high  crimes  against  person  and  property.  In  most  of 
the  institutions  these  prisoners  are  employed  by  contractors, 
who  pay  the  counties  for  their  labor  from  five  to  forty  cents 
per  day.  Of  course  the  cost  of  maintaining  these  prisoners 
is  a  heavy  expense  to  the  counties. 

The  labor  of  those  who  are  sentenced  for  longer  periods 
than  six  months  is  nearly  as  valuable  as  that  of  the  inmates 
of  the  State  Prison,  if  by  any  arrangement  it  could  be  made 
as  available.  The  reason  why  the  contractor  is  not  willing 
to  pay  more  for  the  labor  of  these  men  is  readily  seen.  To 
make  their  labor  valuable,  workmen  must  become  accustomed 
to  the  employments  in  which  they  are  engaged.  This  cannot 
be  done  by  those  who  are  serving  out  short  sentences,  for  the 
contractor  has  to  pay  the  counties  for  their  labor,  with  oth- 
ers, at  the  same  rate. 

Another  serious  difficulty  is  in  the  small  number  of  pris- 
oners in  each  of  these  institutions.  If  there  were  three  or 
four  hundred  under  one  management,  the  cost  of  superin- 
tendence would  be  but  slightly  increased  over  that  incurred 
where  only  fifty  or  sixty  are  confined.  Those  sentenced  for 
long  periods  would  be  separated  from  those  confined  for  a 
short  time,  and  their  labor  would  be  made  productive.  All 
the  arrangements,  for  conducting  the  prison  in  the  best  man- 
ner, such  as  heating,  ventilating  and  guarding,  would  be 
perfected.  Secular,  moral  and  religious  instruction  might 
be  provided  for  the  inmates,  with  much  more  hope  of  bene- 
fiting them,  than  when  they  were  confined  in  various  insti- 
tutions and  under  as  many  different  managements. 


GOVERNOR'S  ADDRESS.  363 

Still  further,  in  this  classification,  a  proper  place  of  con- 
finement may  be  provided  for  the  several  hundred  female 
prisoners  now  scattered  through  these  houses  of  correction. 
It  must  be  evident  to  every  one  that  prisons  adapted  to  the 
confinement  of  men  should  be  very  ditferent,  in  their  con- 
struction and  management,  from  those  which  are  suitable  and 
proper  for  women.  Oftentimes  women  in  a  most  delicate 
state  of  health,  and  even  with  infants  in  their  arms,  are  sen- 
tenced to  these  houses  of  correction.  Surely  it  is  not  credit- 
able to  the  humanity  of  our  State,  nor  to  its  reputation,  that 
no  provision  has  been  made  earlier,  to  remedy  this  condition 
of  our  criminal  institutions.  This  classification  will  enable 
the  State  to  accomplish  another  reform  which  has  engaged 
the  attention  of  the  friends  of  humanity  for  a  long  time. 

A  large  number  of  men  are  sent  annually  to  the  houses  of 
correction,  for  limited  periods,  for  simple  drunkenness.  No 
other  stain  rests  on  their  good  name,  dear  to  them,  and 
doubly  dear  to  their  wives  and  children.  Sent  to  the  same 
prison  with  the  worst  characters,  humiliated  by  confinement 
even,  stung,  oftentimes,  with  remorse,  these  persons,  many 
of  whom  never  dreamed  of  injuring  their  neighbors,  are 
ready  to  receive  the  malignant  suggestions  of  the  evil  dis- 
posed and  corrupt,  with  whom  they  are  for  the  first  time 
brought  in  contact.  Our  love  of  mankind  should  cause  us 
to  protest  against  a  system  so  dangerous  to  all  good  inten- 
tions. These  men  should  be  placed  where  only  the  best  in- 
fluences prevail,  where  the  spirit  of  reform  is  predominant ; 
so  that  when  they  leave  the  institution,  they  may  feel  that  no 
finger  can  point  to  them  as  felons. 

The  last  Legislature  authorized  the  appointment  of  a  com- 
mission to  consider  the  expediency  of  establishing  an  asylum 
for  inebriates.  The  gentlemen  composing  that  commission 
have  given  much  attention  to  this  subject,  and  from  them  you 
will  receive  trustworthy  information  and  many  valuable  sug- 
gestions as  to  the  treatment  of  this  class  of  persons  who,  un- 
der our  present  system,  are  confined  with  criminals  ;  which, 
to  a  true  sense  of  justice,  is  a  great  wrong. 

THE  STATE   CHARITIES. 

A  department  of  the  State,  which  needs  the  constant  care 
of  the  Legislature,  is  that  of  the  State  Charities.  Under  its 
supervision  are  all  the  State  Almshouses,  the  Reform  School 
at  Westborough,  the  Nautical  School  and  the  Lancaster  Li- 
dustrial  School ;  involving  an  expenditure  annually  of  nearly 
8600,000. 


364  GOVERNOR'S  ADDRESS. 

The  people  of  the  State  are  ever  ready  to  incur  any  ex- 
pense that  necessity  demands,  to  make  most  ample  provision 
for  the  poor  and  dependent  classes.  But  they  will  insist  that 
wise  economy  should  be  used  in  the  disbursement  of  the 
large  sums  necessary  to  carry  out  their  benevolent  intentions. 
The  establishment  of  the  Board  of  Charities  laid  the  founda- 
tion of  a  system  which,  when  perfected,  will  be  an  honor  to 
the  State  in  its  provident  care  of  the  unfortunate,  and  at  the 
same  time  a  saving  of  expense  by  its  economical  administra- 
tion. Under  this  system  pauperism  is  steadily  decreasing ; 
while  those  really  dependent  on  the  public  for  support  are 
having  more  intelligent  and  tender  care  bestowed  upon  them. 
A  great  purpose  of  the  Board  is  to  take  from  the  careless 
and  vicious  every  inducement  to  throw  the  burden  of  their 
maintenance  upon  the  public.  The  various  laws  that  have 
been  passed  to  secure  this  object  have  been  carefully  consid- 
ered and  adapted  to  the  condition  of  these  persons. 

The  Board  has  been  successful  in  its  administration,  and 
the  result  is  that  many  dissolute  persons  who,  when  out  of 
the  public  institutions,  preyed  upon  the  community,  and 
when  unable  longer  to  sustain  themselves  returned  to  them 
periodically,  have  been  greatly  improved  and  are  now  useful 
members  of  society.  For  several  years  the  Board  has  stead- 
ily pursued  the  policy  of  placing  the  children  coming  under 
its  charge,  as  soon  as  it  is  proper  to  do  so,  in  suitable  fami- 
lies, where  they  can  have  parental  care,  and  be  made  ac- 
quainted with  the  ordinary  duties  of  life.  Experience  teaches 
us  that  the  more  nearly  we  can  make  the  system  of  State  in- 
stitutions, where  the  young  are  placed,  resemble  that  of  the 
family,  the  more  effective  is  it  in  the  work  of  reformation. 
But  there  is  no  place  so  adapted  to  the  wants  of  the  young 
as  the  family.  Acting  on  this  policy,  the  State  has  within  a 
few  years  placed  in  families  from  twenty-five  hundred  to 
three  thousand  children.  They  are  the  wards  of  the  State, 
and  it  is  her  duty  to  guard  their  interests.  A  proper  super- 
vision of  this  large  number  of  persons  could  not  be  expected 
from  the  trustees  of  the  several  institutions  by  whose  author- 
ity they  were  placed  in  these  families.  To  provide  for  a  suit- 
able examination  and  inspection  of  these  children  at  their 
homes,  the  last  Legislature  established,  under  the  direction 
of  the  Board,  a  Visiting  Agency. 

The  duties  of  the  Agent  are  to  attend  the  examination  of 
the  children  before  the  magistrates,  and  if  the  decision  is  that 
they  should  be  placed  in  care  of  the  State,  then,  if  possible, 
to  provide  suitable  places  for  them  before  they  are  sent  to  the 
reformatories  ;  to  visit,  as  often  as  possible,  each  child  as  long 


GOVERNOR'S  ADDRESS.  365 

as  he  is  the  ward  of  the  State  ;  and  if  his  home  is  found  to  be 
unsuitable,  then  to  report  to  the  Board  for  its  action  ;  also  to 
keep  full  and  accurate  records  of  all  children  in  the  care  of 
the  State,  who  come  under  the  supervision  of  the  Board. 

This  plan  has  worked  favorably,  although  the  Agency  has 
not  been  in  operation  more  than  six  months.  Many  of  the 
children  placed  under  the  charge  of  the  State,  go  directly  to 
good  homes,  from  the  magistrates,  without  ever  becoming  a 
public  charge. 

That  this  system  may  be  fully  carried  out,  additional  au- 
thority should  be  given  to  the  Agent,  to  appear  in  behalf  of 
the  children  before  all  the  courts  having  jurisdiction  in  the 
cases  of  juvenile  offenders;  and  also  to  defend  the  State 
against  those  parties  who,  from  motives  of  self-interest,  en- 
deavor, constantly,  to  throw  the  burden  of  their  maintenance 
upon  the  Commonwealth. 

IMMIGRATION. 

All  foreign  passengers  arriving  in  the  State,  come  under 
the  supervision  of  the  Agents  of  the  Board  of  State  Charities, 
to  whom  the  fees  for  landing  are  paid.  These  fees  amount 
to  a  large  sum  annually,  and  are  likely  to  increase  rather 
than  diminish  hereafter,  as  the  number  of  immigrants  land- 
ing at  the  port  of  Boston  is  steadily  increasing.  There  is  no 
proper  provision  for  their  comfort  when  they  arrive,  if,  from 
sickness  or  other  causes,  they  desire  to  remain  a  short 
time.  Many  come  from  the  Continent,  and,  being  unac- 
quainted with  our  language,  customs  or  manners  of  life,  they 
desire  important  information,  but  know  no  one  that  can  in- 
form them.  The  Board  should  have  authority  to  appoint 
agents  who  can  speak  the  foreign  languages,  whose  duty  it 
shall  be  to  give  these  persons  all  needed  information,  to  en- 
able them  to  go  safely  to  their  places  of  destination,  and  pro- 
tect them  from  the  impositions  of  rapacious  and  vile  persons 
who  are  ever  ready  to  entrap  tlie  ignorant  and  unwary.  Jus- 
tice, as  well  as  good  policy,  demands  that  generous  care  and 
attention  should  be  afiforded  these  strangers  coming  to  enjoy 
the  abundant  blessings  of  our  free  land,  to  whose  advance- 
ment they  will  very  soon  contribute  much  by  their  faithful 
industry. 

GEOEGE  PEABODY  AND  JOHN  CLARKE. 

I  should  do  injustice  to  my  own  feelings  did  I  fail,  on  this 
occasion,  to  notice  the  noble  and  philanthropic  spirit  mani- 
fested by  two  of  the  sons  of  Massachusetts,  who  have  termi- 


366  GOVERNOR'S  ADDRESS. 

nated  their  earthly  courses  within  the  past  year.  Such  ex- 
amples are  truly  our  glory  and  honor. 

George  Peabody  has  been  a  faithful  representative  of  the 
people  of  his  State  and  nation  in  a  foreign  land.  His  per- 
sonal cliaracter  and  commercial  success  would  command  re- 
spect anywhere,  but  the  nobleness  of  his  nature,  which  led 
him  to  make  such  munificent  and  princely  gifts  for  the  bene- 
fit of  his  fellow-men  in  both  hemispheres,  without  regard  to 
rank  or  color,  has  given  him  world-wide  fame,  and  no  title 
could  add  lustre  to  his  name.  His  remains  are  to  rest  in  the 
soil  of  his  native  State,  whose  people  will  ever  honor  him  as 
the  benefactor  of  his  race.  His  influence  survives  him  in  the 
noble  institutions  which  he  founded,  and  generations  yet  un- 
born will  bless  his  name  and  revere  his  memory. 

While  paying  the  tribute  justly  due  our  distinguished 
countryman,  I  would  also  allude  to  another  untitled  fellow- 
citizen,  who  will  be  remembered  with  ever-increasing  respect 
for  his  generous  gifts  to  a  most  humane  and  beneficent 
charity, — the  late  John  Clarke,  of  Northampton.  His  dona- 
tion of  fifty  thousand  dollars  in  1867  founded  the  School  for 
Deaf  Mutes  at  Northampton,  which  my  honored  predecessor, 
in  his  annual  message  of  1868,  referred  to  as  being,  up  to 
that  time,  the  largest  gift  that  the  State  had  ever  received 
for  any  similar  purpose.  He  has  added  by  will,  to  this 
amount,  two  hundred  thousand  dollars  in  gold,  which  will 
place  this  young  and  successful  institution  on  a  sound  basis 
— an  enduring  monument  of  the  broad  views  and  generous 
purposes  of  this  quiet,  yet  far-seeing  man.  Here  Massachu- 
setts may  give  voice  to  her  hitherto  silent  children  ;  here, 
especially,  this  unfortunate  class  mJiy  enjoy  the  advantages 
of  those  methods  of  instruction  now  being  successfully  de- 
veloped, and  which  are  so  interesting  to  all  instructors  of 
deaf  mutes. 

Both  of  these  noble  men  furnish  examples  of  the  wisdom 
of  beginning,  in  life,  the  work  of  charity  which,  too  often,  is 
left  wholly  to  others,  who,  perhaps,  do  not  partake  of  the 
spirit  of  the  donors. 

THE   MILITIA. 

In  company  with  the  members  of  my  staff,  gentlemen  who 
are  familiar  with  the  details  of  military  duty,  from  long  and 
honorable  service  in  the  war,  1  visited  the  several  encamp- 
ments of  the  militia  in  the  autumn. 

It  was  the  universal  testimony  that  the  troops  were  never 
in  better  condition  or  made  a  more  soldierly  appearance  on 
review.     Their  discipline  and  order    while   in   camp   were 


GOVERNOR'S  ADDRESS.  36  7 

highly  creditable  to  them  and  honorable  to  the  State,  and 
there  was  no  complaint  of  any  irregularity  outside  the  lines, 
with  a  single  exception,  which  I  am  sure  will  not  be  repeated. 
After  much  discussion  and  careful  inquiry,  the  last  Legisla- 
ture passed  a  law  permitting  each  regiment  to  adopt  such 
uniforms  as  best  suited  their  taste  and  convenience.  Tiiis  has 
proved  very  satisfactory  to  the  militia,  and  most  of  the  regi- 
ments appeared  in  new  uniforms,  which  were  tasteful  and 
appropriate. 

Nearly  one-half  of  the  troops  have  served  in  the  war. 
Their  presence  gives  efficiency  and  precision  to  the  force 
when  on  drill,  and  I  cannot  too  highly  commend  the  spirit 
of  patriotism  whicli  induces  these  veterans  to  fill  the  ranks 
of  our  militia  and  to  bear  their  share  of  the  heavy  expense 
which,  notwithstanding  the  amount  allowed  by  the  State,  all 
are  obliged  to  incur  who  enlist  in  our  volunteer  militia. 

There  are  now  ninety-five  companies  of  infantry,  six  of 
cavalry,  and  five  batteries  of  artillery,  fully  equipped  and 
ready  for  active  duty. 

Recognizing  the  important  and  honorable  service  rendered 
by  the  militia  at  the  breaking  out  of  the  rebellion,  and  feeling 
as  I  do  most  sincerely,  that  nothing  should  be  done  to  weaken 
the  attitude  of  the  State,  when  compared  with  its  former  po- 
sition, still  it  seems  possible  to  reduce  the  force  without  seri- 
ously impairing  its  efficiency.  To  human  eye  there  would 
seem  to  be  no  possible  necessity  for  the  active  services  of  any 
large  number  of  men,  yet  warned  by  the  past,  we  should  be 
unfaithful  to  our  trusts,  if  the  State  failed  to  be  prepared  for 
any  and  every  emergency. 

Our  State  taxes  which  were  trifling  comparatively  before 
the  war,  are  now  heavy,  and  they  will  continue  to  be  burden- 
some for  a  long  time. 

It  should  be  the  endeavor  of  all  having  the  care  of  public 
affairs  to  reduce  the  expenses  so  far  as  it  can  be  done  with- 
out injury  to  the  public  service. 

No  one  department  can  be  greatly  reduced  without  serious 
detriment ;  but  by  making  a  moderate  reduction  in  several 
jIiC  aggregate  saving  will  be  large  to  the  treasury. 

After  careful  investigation  and  consultation  with  the  Ad- 
jutant-General, whose  large  experience  and  sound  judgment 
render  his  views  in  such  matters  worthy  of  high  considera- 
tion, I  am  of  the  opinion  that  the  appropriation  for  the  sup- 
port of  the  militia  may  be  lessened  nearly  thirty  thousand 
dollars,  and  leave  the  force  in  as  fine  condition  in  every  re- 
spect, with  the  exception  that  the  number  of  men  attending 
the  fall  encampments  will  not  be  as  large  by  about  one  thou- 


368  GOVERNOR'S  ADDRESS. 

sand.  The  number  of  men  entitled  to  compensation  would 
then  be  nearly  five  thousand.  This  will  leave  the  force  as 
large  as  it  was  before  the  war ;  and  there  would  seem  to  be 
no  necessity  for  an  increase  at  this  time. 

The  Adjutant-General  has  reduced  the  expenses  of  his 
department  as  far  as  it  is  possible  until  the  record  of  the 
soldiers  who  served  in  the  war  is  completed,  which  there  is 
every  reason  to  expect  will  be  accomplished  by  the  first  of 
July  next. 

AID   FOR  THE   SOLDIERS    OF   THE  WAR. 

The  Act  providing  "  State  aid  for  our  disabled  soldiers 
and  sailors,  and  their  families,  and  the  families  of  the  slain," 
expires  on  the  first  day  of  January  next.  If  this  Act  is  re- 
newed this  session,  it  will  save  those  embraced  in  its  pro- 
visions from  want  and  suffering  next  winter  ;  for,  unless  this 
should  be  done,  relief,  in  the  common  course  of  legislation, 
would  not  reach  them  until  the  season  in  which  they  most 
need  help,  has  passed  away.  Some  modifications  of  the  act 
may  be  made,  by  which  the  appropriation  to  carry  out  its 
provisions  may  be  lessened  considerably,  without  doing  in- 
justice to  any  one.  Under  the  law  now  in  operation  the 
Commonwealth  has  disbursed  to  the  soldiers  of  the  war,  and 
their  families,  more  than  six  hundred  thousand  dollars 
annually. 

It  cannot  be  necessary  to  urge  this  claim.  Its  appeal  is  to 
every  sentiment  of  justice,  of  gratitude,  and  even  to  public 
policy.  We  should  keep  in  remembrance  the  hour  of  our 
great  peril,  when  these  men  and  their  families  made  their 
costly  contributions  to  save  the  nation's  imperilled  life. 
Now  it  is  our  duty  and  our  privilege,  to  make  them  the  poor 
return  of  shielding  them  and  their  dependent  relatives  from 
absolute  want.  Remember  that  war  is  still  a  possibility,  and 
any  neglect  shown  those  engaged  in  the  last  conflict  would 
immeasurably  increase  the  difficulty  of  filling  our  ranks  in 
the  future. 

Notwithstanding  the  time  that  has  elapsed  since  the  close 
of  the  war,  the  work  of  the  Surgeon-General's  Department  is 
still  large,  and  it  must  continue  to  be  so  for  some  time  to 
come,  if  we  continue  to  aid  our  soldiers  in  obtaining  their 
pensions,  and  if  we  attend  to  the  numerous  calls  for  the  aid 
which  they  have  received  hitherto.  The  cost  of  this  bears 
no  comparison  to  the  great  benefits  it  confers  on  these 
veterans,  and  I  have  no  hesitation  in  recommending  its  con- 
tinuance. 


GOVERNOR'S  ADDRESS.  369 

I  ask  your  atteution  to  the  reports  of  General  Dale  and 
Colonel  Tufts,  whose  earnest  devotion  to  the  welfare  of  the 
soldiers  and  those  for  whom  this  department  was  established 
is  well  known  to  all. 

INTOXICATING   LIQUOES. 

The  Act  concerning  the  manufacture  and  sale  of  intoxicat- 
ing liquors  has  now  )3een  in  force  for  six  months.  Within 
this  short  period  much  has  been  done  to  stop  the  general 
sale  of  liquors  ;  a  large  number  of  those  who  were  selling 
under  former  laws  having  abandoned  the  open  traffic,  and 
many  having  ceased  to  sell  altogether.  The  law  has  secured 
the  acquiescence  of  the  people  generally,  and  there  has  been 
very  little  opposition  in  its  execution  so  far  as  it  closes  the 
tippling  shops.  It  appears,  also,  to  have  diminished  anotlier 
evil — the  sale  in  small  quantities  to  be  used  in  families, 
where  the  inevitable  result  has  always  been  to  produce 
misery  and  crime. 

The  people  of  the  State  will  not  submit  patiently  to  the 
restoration  of  the  open  bar,  that  relic  of  a  less  enlightened 
period,  which  has  wrought  the  ruin  of  so  many  families,  and 
brought  to  untimely  graves  thousands  of  the  noblest  and 
most  generous  spirits  of  the  land.  It  is  manifestly  no  longer 
in  accordance  with  their  character  or  wishes.  There  is  in- 
deed a  wonderful  change  in  the  ideas  and  habits  of  the  com- 
munity, resulting  from  the  general  diifusion  of  intelligence, 
the  discussion  of  the  use  of  intoxicating  beverages,  and  the 
restraining  influences  of  law.  Every  philanthropist  should 
be  encouraged  to  continue  his  labors  when  he  sees  such 
progress  in  public  sentiment  made  in  a  single  generation,  in 
a  matter  so  directly  affecting  the  personal  habits  and  social 
customs  of  the  people.  While  the  law,  so  far  as  it  aimed  to 
suppress  common  tippling,  has  thus  been  accepted,  it  has 
undeniably  met  with  much  opposition  in  other  particulars. 
The  discussion  of  the  whole  subject  has  been  earnest ;  and 
to  some  extent  already  assumed  the  form  of  political  action. 
Coming  directly  from  the  people,  you  can  now  understand 
fully  the  objections  to  the  law,  and  the  remedies  necessary 
to  remove  them.  As  wise  men,  desiring  the  best  interests  of 
the  State,  and  believing  that  its  future  greatness  depends  on 
the  sobriety,  intelligence  and  morality  of  its  people,  you  will 
carefully  inquire  what  measures  are  calculated  to  make  the 
law  satisfactory  to  all  who  really  desire  the  best  interests  of 
society.  All  laws  of  any  value  must  have  at  least  the  assent 
of  the  public,  if  not  their  earnest  support.  After  so  much 
thorough  discussion,  and   with   our  present   experience,  it 

47 


370  GOVERNOR'S  ADDRESS. 

would  seem  to  be  possible,  though  difficult,  for  the  Legisla- 
ture to  make  such  enactments  on  this  subject  as  will  be  in 
accordance  with  the  spirit  of  the  age ;  and  will,  in  their 
administration,  secure  the  cordial  concurrence  and  coopera- 
tion of  the  community. 

It  should  be  regarded,  gentlemen,  as  a  privilege  to  be  ac- 
cepted wilHngly,  that  you  have  the  opportunity  to  settle  for 
the  present,  so  far  as  legislation  may,  tbis  great  question.  For 
the  completion  of  this  most  desirable  reformation,  we  must 
rely  upon  enlightened  personal  experience,  and  on  the  grow- 
ing conviction  that  a  custom  from  which  so  much  evil  comes, 
and  which  yields  no  good  results,  should  be  abandoned  by 
all,  and  especially  by  those  who  hold  positions  of  honor  or 
influence. 

From  Colonel  Brodhead,  the  State  Agent,  I  learn  that  the 
authorities  of  the  cities  and  large  towns  do  not  comply  with 
the  law  in  regard  to  the  appointment  of  agents,  with  author- 
ity to  sell  spirituous  and  intoxicating  liquors  for  medicinal 
and  mechanical  purposes.  As  this  provision  of  the  law  now 
stands,  it  is  entirely  inadequate  for  this  purpose,  so  far  as  it 
applies  to  these  communities.  If  the  public  are  to  rely  on 
the  agencies  for  their  supplies,  some  further  provision  must 
be  made  in  order  to  meet  this  necessity. 

I  shall  take  the  opportunity,  at  an  early  day,  to  lay  before 
you  the  report  of  Major  E.  J.  Jones,  Constable  of  the  Com- 
monwealth, (a  most  faithful  officer,)  detailing  the  operations 
of  his  force  during  the  past  year.  This  organization  never 
stood  higher  in  tlie  public  estimation,  and  a  careful  examina- 
tion of  the  report  will  show  that  they  have  performed  a  great 
amount  of  difficult  service,  in  a  manner  tbat  should  merit 
general  approbation. 

AGRICULTURAL   MATTERS. 

The  season  has  been  one  of  more  than  usual  prosperity  to 
the  agricultural  interest  of  the  State,  with  some  local  excep- 
tions arising  from  the  gales  and  floods  of  the  autumn.  Tbere 
has  been  for  some  years  a  growing  conviction  in  the  minds 
of  the  farming  community  that  labor  on  the  farm  is  less 
remunerative  than  labor  in  mechanical  and  other  pursuits  ; 
that  the  same  skill  and  intelligence  applied  to  other  kinds  of 
business  are  sure  to  be  rewarded  with  better  results ;  tliat 
the  farmer  does  not  and  cannot  receive,  under  our  present 
market  system,  his  fair  proportion  of  what  the  consumer  has 
to  pay  for  tbe  products  of  the  farm.  Whether  this  convic- 
tion is  well  founded  or  not,  it  has  exercised  a  powerful  influ- 
ence in  leading  young  men  to  leave  the  farm ;  causing  not 


GOVERNOR'S  ADDRESS.  371 

only  a  notable  reduction  in  the  population  of  our  strictly  ru- 
ral towns,  but  also  a  depreciation  of  real  estate  in  them.  The 
markets  of  our  principal  cities  being  subject  to  municipal 
regulations,  the  freedom  of  such  markets  and  of  more  direct 
trade  and  intercourse  between  the  producer  and  the  con- 
sumer may  not  come  within  the  range  of  legislative  control, 
but  it  is  a  legitimate  subject  of  inquiry  whether  this  most 
grievous  obstacle  to  a  greater  agricultural  prosperity  can  in 
any  way  be  removed  by  legal  enactment. 

The  system,  adopted  by  the  State,  of  encouraging  the  de- 
velopment of  Agriculture  through  bounties  to  the  agricul- 
tural societies,  has,  undoubtedly,  accomplished  much  good, 
though  the  plan  of  permanent  location  which  so  generally 
prevails,  has  centralized  and  circumscribed  the  influence  of 
the  societies,  now  multiplied  to  the  number  of  thirty ;  or 
more  than  two  to  each  county.  It  may  well  be  doubted  if 
the  interests  of  the  Commonwealth  will  be  promoted  propor- 
tionally to  the  additional  draft  upon  the  treasury,  by  any 
increase  of  this  number ;  and  whether  securing  a  more 
efficient  and  proper  management  of  those  already  existing 
would  not  benefit  the  farming  community  more  than  any 
farther  increase. 

An  appropriation  was  made  by  the  last  Legislature,  of  four 
hundred  dollars,  to  be  expended  by  the  Board  of  Agricul- 
ture, in  premiums  for  the  best  treatises  on  the  science  of 
road  making.  At  present  there  is  among  us  no  general 
system  of  laying  out  and  constructing  common  roads ;  and 
the  consequence  is,  that  in  most  of  our  towns  the  streets  and 
roads  are  narrow,  circuitous  and  badly  graded  and  drained. 
Among  the  outward  indications  of  advancing  civilization, 
good  roads  hold  a  prominent  place.  Nothing  gives  a  town 
or  village  a  more  attractive  appearance  than  wide  highways 
and  streets,  well  laid  out  and  graded ;  and  few  things  con- 
tribute more  to  the  convenience  and  comfort  of  the  people. 
I  recommend  a  reconsideration  of  this  subject,  which  is  of 
increasing  interest  to  all  our  thriving  towns  and  villages. 

THE    LABOR   QUESTION. 

The  condition  of  labor  demands  our  earnest  attention. 
The  skill  and  energy  which  produce  the  material  results 
which  we  witness  everywhere  should  not  be  overlooked  or 
forgotten.  Though  favorably  located  for  commerce  and 
manufactures,  our  position  would  be  valueless  but  for  the 
untiring  industry  which  makes  use  of  these  opportunities. 
Our  future  success  in  manufacturing  depends  upon  the  intel- 
ligence and  faithfulness  of  our  laborers. 


372  GOVERNOR'S  ADDRESS. 

Public  policy,  then,  would  justify  special  care  of  all  their 
interests  on  the  part  of  the  Legislature.  Accordingly,  com- 
missioners have  examined  the  subject,  and  from  their  reports 
and  suggestions  have  resulted  laws  intended  for  their  benefit. 
It  is  to  be  hoped  that  whatever  suggestions  or  requests  may 
be  made  to  you  by  this  large  class  of  our  fellow-citizens, 
coming  within  the  legitimate  scope  of  legislation,  may  re- 
ceive most  careful  and  cordial  consideration. 

INDIANS   OF   THE   COMMONWEALTH. 

By  the  Act  of  the  last  Legislature,  entitled  "  An  Act  to 
Enfranchise  the  Indians  of  the  Commonwealth,"  that  class  of 
persons,  held  since  the  landing  of  the  Pilgrims  under  politi- 
cal and  civil  disabilities,  is  endowed  with  equal  civil  rights, 
and  henceforth  every  inhabitant  of  the  Commonwealth,  with- 
•  out  distinction  of  race  or  color,  is  equal  before  the  law.  Un- 
til the  passage  of  that  Act  the  Indians  of  the  Commonwealth, 
and  people  of  color  residing  on  Indian  lands,  though  recipi- 
ents of  the  liberal  charities  of  the  Commonwealth,  were  the 
subjects  of  unjust  civil  and  political  proscriptions.  And  it  is 
only  at  this  late  day  that  Massachusetts  recognized  citizen- 
ship, not  guardianship,  to  be  the  right  of  every  person,  and 
the  surest  means  of  elevation  and  improvement,  and  of  prep- 
aration for  their  future  duties.  Justice,  so  long  delayed,  is 
at  length  yielded  to  the  Massachusetts  Indian.  Let  us  hope 
that  justice,  not  charity,  citizenship,  not  guardianship,  will  as 
soon  as  possible  be  conceded  to  the  American  Indian,  and 
may  the  last  relics  of  the  prejudice  and  proscription,  which 
have  so  long  retarded  the  progress  of  these  unfortunate  peo- 
ple, be  speedily  removed. 

All  the  Indians  of  the  Commonwealth  now  enjoy  full  civil 
rights,  and  all  except  those  of  Marshpee  and  Gay  Head  are 
endowed  with  full  political  rights.  The  Act  before  referred 
to  left  those  tribes  under  the  political  disabilities  previously 
existing. 

It  is  desirable  for  the  good  fame  of  the  Commonwealth, 
and  due  to  the  Indians  themselves,  that  these  disabilities 
should  be  removed.  The  principal  reason  for  not  recogniz- 
ing the  full  political  rights  of  these  tribes  seems  to  have  been 
a  difference  of  opinion  upon  the  question  whether  they  should 
be  made  separate  towns,  or  whether  they  should  be  annexed 
to  adjacent  towns.  In  regard  to  other  Indians,  scattered  in 
small  numbers  in  different  localities,  this  question  was  easy 
of  adjustment.  But  these  two  tribes,  having  each  a  larger 
population  than  any  other,  might,  it  was  thought,  be  made 
separate  municipalities. 


1 


GOVERNOR'S  ADDRESS.  373 

The  number  of  the  Marshpee  tribe,  actually  residino[  on 
the  territory,  is  about  three  hundred ;  that  of  the  Gay  Head 
tribe  is  about  one  hundred  and  seventy.  The  policy  of  creat- 
ing new  towns,  with  so  small  a  population,  is  at  least  doubt- 
ful, and  this  doubt  is  increased  when  we  consider  the  burden 
which  the  cost  of  maintaining  a  town  organization  would  lay 
upon  so  small  a  population,  especially  of  the  character  of 
these  people. 

The  peninsular  condition  of  Gay  Head  seemed  to  make 
annexation  to  the  adjoining  town  of  Chilmark  a  matter  of 
greater  difficulty  than  in  the  case  of  Marshpee.  But  in  both 
cases  it  may  be  worthy  of  the  consideration  of  the  Legisla- 
ture whether  it  will  not  be  better  to  leave  them  as  they  are, 
until  the  prejudice  against  color,  born  of  slavery,  and  now 
rapidly  disappearing,  shall  no  longer  be  an  obstacle  to  the 
incorporation  of  these  people  with  the  adjoining  towns. 

COMMERCIAL    AFFAIRS. 

Our  commerce,  so  essential  to  the  prosperity  of  the  State, 
and  the  honor,  and  even  safety  of  the  nation,  is  still  de- 
pressed, notwithstanding  the  persistent  energy  of  those  en- 
gaged in  this  noble  pursuit.  With  deep  satisfaction,  there- 
fore, we  perceive  the  indications  that  the  nation  is  awaking 
to  some  proper  appreciation  of  our  condition  as  a  commer- 
cial people.  It  is  obvious  to  all  that  we  are  not  fostering 
that  great  branch  of  national  industry,  the  construction  of  a 
commercial  marine,  from  which,  in  war,  the  nation  has  re- 
ceived such  ready  and  powerful  assistance  on  the  ocean. 

It  is  gratifying  to  see  that  Congress  has  appointed  a  com- 
mittee to  inquire  into  the  causes  of  the  present  condition  of 
this  great  interest ;  and  how  it  has  come  to  pass  that  the 
American  flag  has  been  almost  driven  from  the  sea  ;  so  that 
not  an  ocean  steamer  floats  it,  and  foreign  standards  are 
borne  from  our  ports  by  a  large  proportion  of  other  sea-going 
vessels.  From  the  earnest  and  faithful  labors  of  this  com- 
mittee, and  the  fact  that  the  President  and  two  Heads  of  De- 
partments have  made  express  reference  officially  to  this  sub- 
ject, we  may  expect  early  and  favorable  legislation  in  its  be- 
half; in  which  not  only  the  seaboard  States  but  the  whole 
country  is  deeply  concerned.  The  idea  cannot  too  soon  be 
abandoned  by  this  nation,  that  the  general  government  ought 
not  to  foster  the  commercial  marine,  because  it  is  a  local  and 
limited  interest.  On  the  contrary,  there  is  no  one  depart- 
ment of  industry  more  completely  national. 

It  does  concern  not  only  the  people  of  the  Atlantic  States, 
but  also  every  farmer  of  the  Western  prairie,  and   every 


374  GOVERNOR'S  ADDRESS. 

other  American  citizen,  that  there  be  a  commercial  marine — 
a  training-school  for  our  brave  seamen,  who  help  to  sustain 
the  nation's  honor  and  life  in  time  of  war.  For,  our  entire 
history  has  showed  us  that  the  legitimate,  the  economical 
school  of  the  navy,  is  the  peaceful  commercial  ship. 

The  true  policy  would  be,  to  expend  some  small  portion  of 
the  large  sum  annually  devoted  to  support  the  navy,  in  en- 
couraging an  interest  which,  in  time  of  war,  will  furnish  the 
seamen  who  are  to  man  its  vessels,  and  without  whose  aid 
they  must  remain  idle  in  their  docks.  This  topic  is  com- 
mended to  your  attention,  that  you  may  take  such  action  as 
shall  seem  to  you  expedient. 

NATIONAL  AFFAIRS. 

We  cannot  forget  that  we  belong  to  this  great  Union,  made 
indissoluble  by  the  events  of  the  late  war.  The  struggle  for 
national  existence  has  revealed  to  us  our  strength  and  the 
chief  cause  of  our  weakness.  This  cause  has  been  removed, 
and  no  interest  at  war  with  human  liberty  now  predominates 
in  our  land. 

The  tiu'oes  of  the  mighty  contest  are  still  felt,  but  each 
day  lessens  their  force,  and  soon  they  will  have  passed  away 
forever. 

Tlie  election  of  the  Great  Captain  to  the  Presidency  at 
once  gave  assurance  of  peace  to  tlie  country.  The  hopes  of 
the  firmest  friends  of  the  incoming  administration  have  been 
more  than  realized.  The  laws,  so  far  as  the  General  Gov- 
ernment, is  concerned,  are  enforced  ;  integrity  prevails  in  all 
its  departments,  and  the  steady  decrease  of  the  national  debt 
gives  assurance  of  its  ultimate  redemption. 

The  final  act,  the  Fifteenth  Amendment  to  the  Constitu- 
tion, which  will  place  all  the  people  of  this  nation  on  an 
equality,  politically,  is  nearly  consummated.  Its  completion 
will  add  lusture  to  our  name,  by  proclaiming  to  the  world 
that  no  prejudice  of  race  will  prevent  justice  being  done  and 
equal  rights  accorded  to  the  most  oppressed  and  obscure  in 
the  land.  It  will  give  to  the  freedman  the  ballot,  the  only 
power  that  will  effectually  save  him  from  abuse  and  wrong, 
and  all  laws  affecting  personal  liberty  and  political  rights 
will  be  substantially  tlie  same  in  every  part  of  the  Union. 

Slowly  but  surely  the  great  problem  of  the  destruction  of 
slavery  is  being  demonstrated.  From  its  ashes  will  arise  a 
nobler  civilization  than  has  hitherto  been  known  in  human 
history.  The  people  of  the  Old  World,  in  their  attempts  to 
wrest  from  the  hands  of  tyrants  the  liberties  so  long  with- 
held, and  for  which  they  have  sacrificed  so  much,  are  receiv- 


GOVERNOR'S  ADDRESS.  375 

ing  from  our  history  fresh  impulse  and  new  encouragement. 
Let  us  as  a  people  do  our  part  in  bringing  in  the  better  and 
brighter  day. 

LENGTH   OF   SESSIONS. 

Before  I  close  you  will  permit  me  to  bring  to  your  atten- 
tion the  importance  of  using  every  effort  to  shorten  our  leg- 
islative sessions. 

The  people  of  the  Commonwealth  are  manifesting  increas- 
ing discontent  at  what  they  regard  an  unnecessary  delay  of  the 
public  business.  That  one-half  the  year  should  be  devoted  to 
the  enactment  of  laws,  in  an  old  and  settled  community,  with 
so  full  a  code  of  general  laws,  to  them  seems  unjustifiable. 
Every  one  acquainted  with  public  affairs,  knows  that  there 
is  an  evil  attendant  on  long  sessions,  aside  from  the  heavy 
expense  incurred. 

Business  matters  affected  by  legislation  cannot  be  arranged 
satisfactorily  while  there  is  an  uncertainty  as  to  the  law  reg- 
ulating them.  It  were  better,  oftentimes,  to  endure  a  slight 
inconvenience  from  some  real  or  supposed  defect  in  a  law, 
than  to  have  it  changed  every  year.  It  is  obvious  that  gen- 
eral laws,  affecting  particular  interests,  should  be  enacted, 
so  far  as  possible,  that  alike  may  share  the  benefits  and  bear 
the  obligations  imposed. 

A  close  adherence  to  this  course,  with  earnest  application 
at  the  beginning  of  the  session,  will  enable  you  to  bring  your 
labors  to  an  early  close,  for  which  you  will,  undoubtedly,  re- 
ceive the  cordial  commendation  of  your  constituents. 

It  will  be  my  pleasure  to  concur  in  all  measures  tending  to 
this  result,  as  well  as  every  other  that  is  likely  to  promote 
the  best  interests  of  the  Commonwealth. 

Senators  and  Representatives  : — 

Most  of  the  subjects  now  laid  before  you,  relate  especially 
to  our  own  Commonwealth.  They  vitally  affect  her  future 
well-being — socially,  morally  and  materially.  Your  action 
may  stimulate  the  people  to  higher  aims  and  nobler  purposes 
or  it  may  retard  their  best  efforts  to  elevate  their  own  char- 
acter and  to  sustain  the  honor  of  the  State.  Never  in  her 
history  did  Massachusetts  have  more  occasion  to  be  proud  of 
her  standing  in  the  nation.  Her  sons,  however  widely  scat- 
tered, turn  to  her  with  affection,  recognizing  that,  in  her 
laws,  customs  and  institutions,  the  best  instincts  and  highest 
hopes  of  her  children  are  always  cultivated  and  encouraged. 


376 


GOVERNOR'S  ADDRESS. 


As  far  as  possible  let  your  legislation  be  such  as  to  keep 
them  here  to  enjoy  the  fruits  of  their  fathers'  labors,  not  so 
much  in  the  wealth  which  may  descend  to  them,  as  in  the 
means  of  happiness  which  are  open  to  every  one,  in  the 
broad  and  liberal  culture  which  surrounds  them,  and  the  in- 
centives which  induce  to  a  preparation  for  that  higher  life 
which  should  be  the  hope  and  expectation  of  us  all. 


SPECIAL   MESSAGES.  377 


SPECIAL    MESSAGES. 


THE  FOLLOWING  SPECIAL  COMMUNICATIONS  WERE  MADE   BY  HIS 

EXCELLENCY  THE  GOVERNOR,  TO  THE  LEGISLATURE, 

DURING  THE  ANNUAL  SESSION. 

[To  the  Senate,  January  24.] 

I  have  the  honor  to  transmit  herewith,  for  the  information 
of  the  General  Court,  an  able  and  interesting  report  from  tlie 
Fish  Commissioners.  These  gentlemen  are  deeply  interested 
in  fish  culture,  and  have  devoted  much  time  and  attention 
to  our  inland  fisheries.  The  result  of  their  investigations,  as 
embodied  in  their  report,  shows  the  importance  of  prosecut- 
ing their  inquiries  still  further,  that  the  public  may  have  tlie 
benefit  of  their  experiments.  They  have  never  received  any 
compensation  for  their  services,  except  for  their  personal  ex- 
penses, incuiTcd  in  travelling  for  the  purpose  of  viewing  the 
works  in  progress,  and  obtaining  information  as  to  the  best 
method  of  constructing  them.  The  series  of  experiments 
which  they  have  instituted  cannot  be  completed  without 
further  appropriation,  and  I  cordially  commend  to  the  favor- 
able attention  of  the  Legislature  their  request  that  a  sum 
sufficient  for  the  purpose  may  be  placed  at  their  disposal. 

I  also  transmit  the  report  of  the  Deputy  State  Constable 
charged  with  the  execution  of  the  law  "  Regulating  the  Em- 
ployment of  Children  in  Manufacturing  Establishments." 

[To  the  House  of  Representatives,  January  25.] 

In  compliance  with  an  Order  adopted  on  the  20th  of  Janu- 
ary, calling  for  copies  of  certain  communications  made  to  the 
Executive  by  the  Boston,  Hartford  and  Erie  Railroad  Com- 
missioners, I  have  the  honor  herewith  to  transmit  the  same 
for  the  information  of  the  General  Court. 

[To  the  Senate,  March  5.] 

I  have  the  honor  to  transmit  herewith  the  report  of  the 
Committee  of  the  Council  on  the  Boston,  Hartford  and  Erie 
Railroad  on  the  affairs  of  that  Corporation.  Tliis  report  has 
been  accepted  by  the  Council  as  the  basis  of  their  action  in 
the  future. 

48 


378  SPECIAL  MESSAGES. 

Early  in  January  I  ascertained  that,  owing  to  heavy  losses 
made  in  speculating  in  the  stock  of  the  Company,  the  Direc- 
tors had  determined  to  apply  to  the  Legislature  for  aid  from 
the  State  to  a  very  much  larger  amount  than  was  generally 
supposed  to  be  necessary  to  complete  and  equip  the  road 
■when  they  gave  notice  in  the  public  papers  that  an  increase 
would  be  asked  for. 

This  action  determined  me  to  request  the  Council  to  in- 
vestigate the  transactions  of  the  Corporation  before  issuing 
more  scrip.  It  was  stated  by  the  Directors  to  the  last  Legis- 
lature, in  applying  for  additional  aid  to  the  Corporation,  that 
the  five  millions  of  dollars  to  be  issued  in  scrip,  and  the 
funds  on  hand,  would  be  sufficient  to  complete  the  road  to 
Fishkill.  The  report  of  the  Committee  of  the  Council  shows 
conclusively,  as  I  think,  that  at  the  time  the  bill  was  passed 
granting  the  aid,  the  statement  of  the  Directors  was  correct, 
and  the  Corporation  had  means  sufficient  for  that  purpose. 
It  seems  probable,  from  the  exhibit,  that  a  portion  of  the 
money  at  that  very  time  was  invested  in  the  bonds  and  stock 
of  the  Corporation,  which  were  held  in  the  expectation  and 
hope  of  an  advance  in  the  price.  In  addition  to  this,  the 
Directors  pledged  a  large  amount  of  the  bonds  for  advances, 
instead  of  selling  them  in  the  usual  way.  Since  last  Novem- 
ber many  of  the  bonds  have  been  sold  at  reduced  prices,  to 
pay  the  advances,  and  the  result  is,  a  larger  loss  to  the  Cor- 
poration than  if  they  had  been  sold  in  the  market  at  the 
time  of  their  issue.  This  loss,  however,  does  not  affect  the 
State  so  directly  as  the  loss  from  speculations  in  the  stock. 
The  funds  invested  in  the  stock  were  taken  from  the  treasury 
of  the  Corporation,  in  which  they  were  placed  to  be  used  in 
constructing  the  road,  and  any  considerable  loss  from  the 
investment  deprived  the  Corporation  of  the  power  of  finish- 
ing the  work,  Tliis  loss,  as  shown  in  one  item  alone,  is  over 
one  million  five  hundred  thousand  dollars.  Mr.  Philbrick, 
the  engineer  appointed  to  examine  the  road  in  behalf  of  the 
State,  informs  me  that  it  will  require  about  two  and  a  half 
millions  of  dollars  to  complete  the  grading,  and  furnish  and 
lay  tlie  iron  to  Fishkill. 

It  will  be  readily  seen  how  important  these  million  and  a 
half  dollars  were  to  the  final  completion  of  the  road. 

Self-preservation,  if  not  prudence,  would  seem  to  have 
been  sufficient  to  have  kept  the  managers  from  thus  perilling 
an  enterprise  so  vital  to  them  personally,  and  so  important 
to  the  State.  But  instead  of  keeping  the  funds  sacred,  and 
devoting  them  to  the  purposes  for  which  they  were  intended, 
they  invested  them  in  the  stock  of  the  Corporation,  at  a 


SPECIAL  MESSAGES.  379 

much  higher  price  than  that  obtained  when  it  was  originally 
issued.  Tlie  authority  to  do  this  by  the  Act  of  incorporation 
is  doubtful  at  least,  and  as  trustees  of  a  great  enterprise  they 
certainly  had  no  warrant  for  thus  employing  the  money 
placed  in  their  hands. 

In  issuing  scrip  the  Council  have  used  much  caution,  and 
have  uniformly  refused  their  assent  until  perfectly  satisfied 
that  all  the  conditions  of  the  Act  were  fully  complied  with. 
From  inquiries  made  of  the  Directors  of  the  road,  from  the 
contractors  and  engineers  and  all  parties  having  knowledge 
of  the  situation  of  the  Corporation,  the  Council  were  led  to 
believe  that  though  its  means  were  inadequate  to  the  full 
equipment  of  the  road,  still  there  would  be  no  interruption 
of  the  work  of  construction,  and  that  the  road  would  be 
finislied  in  July,  or  at  the  latest  by  the  first  of  September 
next,  to  Fishkill.  The  Directors  now  acknowledge  that  the 
Corporation  is  burdened  with  a  heavy  floating  debt ;  that 
they  have  no  bonds  on  hand ;  that  the  stock  is  issued  to  the 
last  dollar,  and  there  is  no  money  in  the  treasury.  Under 
these  circumstances  I  feel  bound  to  continue  to  withhold  my 
assent  for  any  further  issue  of  the  bonds  of  the  State  until 
the  whole  matter  has  been  passed  upon  by  the  Legislature, 
and  the  Council  have  fully  concurred  with  me  in  this  de- 
cision. There  are  many  irregularities  disclosed  in  the  in- 
vestigation, which  show  a  culpable  disregard  of  tlie  usages 
and  proprieties  of  well-managed  corporations.  One  matter 
deeply  concerning  the  bondholders,  and,  of  course,  the  State, 
which  now  holds  three  million  six  hundred  thousand  dollars 
of  the  bonds  as  security  for  the  aid  furnished  the  Corpora- 
tion, should  be  promptly  considered  by  the  Legislature.  By 
the  terms  of  the  mortgage  there  are  three  trustees,  who,  in 
case  of  failure  on  the  part  of  the  Corporation  to  fulfil  its 
agreements,  are  to  manage  the  property  for  the  bondliolders. 
These  trustees  at  the  present  time  are  John  S.  Eldridge, 
Henry  N.  Farwell  and  Mark  Healey,  all  active  and  influ- 
ential members  of  the  Board  of  Directors. 

One  of  them  is  directly  responsible  for  the  speculations  in 
the  stock  which  has  been  so  disastrous  to  the  Corporation, 
and  the  others  were  cognizant  of,  if  they  did  not  consent  to, 
many  of  the  transactions. 

It  is  certainly  a  great  impropriety  for  either  of  these  gen- 
tlemen, while  they  are  Directors,  to  hold  the  position  of 
trustee  under  any  circumstances :  and  certainly,  in  the 
present  condition  of  the  Corporation,  a  change  is  imperatively 
demanded.  The  trustees  should  have  no  direct  interest  in 
the  management  of  the  Corporation.     They  should  have  no 


380  SPECIAL  MESSAGES. 

special  duty  except  to  guard  the  interest  of  the  bondholders, 
and  still  less  should  they  have  any  interests  which  may  be 
antagonistic  to  those  of  the  bondholders. 

In  placing  the  matter  before  you  for  your  consideration 
and  action,  I  cannot  fail  to  express  my  conviction  of  the  im- 
portance of  the  enterprise  to  the  future  well-being  of  the 
State,  opening,  as  it  does,  another  great  avenue  to  the  West 
for  the  business  of  Boston  and  the  eastern  section  of  the 
Commonwealth  ;  but  no  corporation  can  be  successful  which 
is  managed  by  parties  so  reckless  of  the  trusts  committed  to 
them,  and  who  depart  so  widely  from  the  common  principles 
of  prudence,  economy  and  faitlifulness,  which  are  necessary 
to  secure  the  confidence  of  the  public. 

The  investigation  of  the  Council  was  properly  confined  to 
the  question  whether  any  more  scrip  should  be  issued  under 
the  Act  of  last  year. 

A  broader  inquiry,  I  respectfully  suggest,  is  incumbent  on 
the  Legislature  in  considering  the  whole  matter.  That 
inquiry  is  as  to  the  probable  cost  of  finishing  and  equipping 
the  road  for  a  great  commercial  line  capable  of  competing 
with  the  existing  lines  to  the  South  and  West,  and  whetlier 
sufficient  aid  can  be  given  with  that  reasonable  security  to 
which  the  State  is  entitled. 

[To  the  House  of  Representatives,  March  14.] 

In  accordance  with  an  Order  adopted  on  the  9th  of  March 
instant,  requesting  that  there  be  furnished  to  the  House  of 
Representatives  the  detailed  statement  of  the  experts  em- 
ployed by  the  Council  Committee  in  the  matter  of  examina- 
tion of  the  books  and  accounts  of  the  Boston,  Hartford  and 
Erie  Railroad  Corporation,  referred  to  in  my  message  in 
relation  to  that  corporation,  I  have  the  honor  herewith  to 
transmit  a  copy  of  the  same  for  the  information  of  the  Gen- 
eral Court. 

[To  the  Senate.  April  19.] 

In  accordance  with  the  legislative  Order  requesting  the 
Governor  to  furnish  copies  of  certain  certificates  by  commis- 
sioners appointed  under  chapter  284  of  Acts  of  18(37  and  of 
certificates  of  the  engineer  appointed  under  chapter  450  of 
the  Acts  of  1869,  together  with  copies  of  Council  orders  per- 
taining to  the  delivery  of  Boston,  Hartford  and  Erie  Railroad 
scrip,  I  have  tiie  honor,  herewith,  to  transmit  the  same  for 
the  information  of  the  General  Court. 

[To  the  House  of  Representatives,  May  26.] 

I  am  impelled  by  a  sense  of  duty  to  return  to  the  House 
of  Representatives,  where  it  originated,   a  bill  entitled  "  An 


SPECIAL  MESSAGES.  381 

Act  to  amend  chapter  167  of  the  General  Statutes,  in  rela- 
tion to  the  running  of  horses  for  wagers,"  with  my  objections 
to  the  same. 

It  is  only  by  comparing  the  provisions  of  the  first  section 
of  this  Act  with  section  9  of  chapter  167  of  the  General  Stat- 
utes, which  is  repealed  by  the  second  section,  that  the  true 
character  of  the  bill  under  consideration  can  be  seen. 

Section  9,  chapter  167  of  the  General  Statutes  is  as  fol- 
lows : — 

"  All  racing,  running,  trotting,  or  pacing  of  any  horse,  or 
other  animal  of  the  horse  kind,  for  a  bet  or  wager  of  money, 
or  other  valuable  t/titig'  or  for  a  purse  or  stake  made  within 
this  state,  is  declared  to  be  unlawful ;  and  all  persons  en- 
gaged in  such  racing,  running,  trotting  or  pacing,  for  any 
such  bet  or  wager,  purse  or  stake,  and  all  persons  aiding  or 
abetting  the  same,  shall  be  punished  by  fines  not  exceeding 
one  thousand  dollars,  or  by  imprisonment  in  the  jail,  not 
exceeding  one  year,  or  by  both  such  fine  and  imprisonment. 

The  Act  under  consideration  is  as  follows : — 

Sect.  1.  All  racing,  running,  trotting,  or  pacing  of  any 
horse,  or  other  animal  of  the  horse  kind,  for  a  bet  or  wager 
of  money,  made  within  this  state,  is  declared  to  be  unlawful ; 
and  all  persons  engaged  in  such  racing,  running,  trotting,  or 
pacing,  for  any  such  bet  or  wager,  and  all  persons  aiding  or 
abetting  the  same,  shall  be  punished  by  fines  not  exceeding 
one  thousand  dollars,  or  by  imprisonment  in  the  jail  not  ex- 
ceeding six  months. 

Sect.  2.  Section  nine  of  chapter  one  hundred  and  sixty- 
seven  of  the  General  Statutes  is  hereby  repealed. 

The  prohibition  of  betting  or  wagering  any  valuable  thing' 
or  for  a  purse  or  stake  upon  horse  racing  is  by  the  present 
bill  entirely  removed.  This  bill  in  itself  appears  to  be  in  the 
interest  of  good  morals,  but  when  it  is  compared  with  the 
section  of  the  law  which  it  repeals,  certain  words  and  phrases 
are  omitted  in  such  a  manner  as  to  have  quite  the  opposite 
effect,  and  leave  only  betting  or  wagering  for  money  an  un- 
lawful act.  All  other  forms  of  bettings  at  horse  races,  such 
as  bets,  wagers  or  stakes  of  watches,  diamonds  or  "  other  val- 
uable things  "  are  legalized,  and  even  the  form  of  bet  or 
wager  known  as  the  "  pool "  is  supposed  by  persons  engaged 
in  the  business  of  gaming  to  be  included. 

All  forms  of  gambling  are  repugnant  to  the  moral  sense  of 
the  people  of  the  Commonwealth,  and  they  earnestly  desire 
most  rigid  enforcement  of  the  laws  tending  to  its  suppres- 


382  SPECIAL   MESSAGES. 

sion.  The  license  allowed  by  this  bill  will  increase  the  num- 
ber of  these  races  for  the  sole  purpose  of  gambling^.  Under 
it  I  cannot  see  how  there  would  ever  be  a  violation  of  law. 
Two  men  would  bet  a  certain  sum,  each  would  put  his 
amount  of  money  in  the  hands  of  a  stake-holder,  and  then  it 
would  be  called  a  purse  or  slake.  Tliere  would  be  no  betting 
of  money.  Each  would  in  fact  bet  or  wager  money,  but 
when  paid  in  and  united  with  his  opponent's  bet,  it  would  be 
christened  a  purse  or  stake,  or  the  money  might  be  tempora- 
rily invested  in  sonie  valuable  thing-,  and  so  the  wager  would 
be  made  legal.  With  the  most  stringent  laws  every  good 
citizen  must  feel  that  there  will  be  opportunities  enougli  for 
the  indulgence  of  this  kind  of  gambling.  The  occasion 
brings  together  crowds  of  persons  who  live  by  gaming,  and 
the  young  and  thoughtless  who  visit  the  race-course  from  cu- 
riosity are  drawn  in  and  taught  the  ways  of  the  vicious.  In 
our  densely  populated  communities  the  race-course  is  very 
objectionable  to  the  residents  near  the  grounds.  They  are 
much  disturbed  by  the  intrusion  of  lawless  persons  whom  it 
is  hard  to  control  even  with  a  large  force  of  police. 

Surely  no  encouragement  should  be  given  by  law,  to  in- 
crease the  number  of  these  places,  which  produce  no  good 
result,  but,  on  the  contrary,  much  evil.  So  far  as  I  can  learn, 
no  one  petitioned  for  a  change  in  the  law,  and  there  is  no 
complaint  of  its  interference  with  the  proceedings  of  associa- 
tions whose  purposes  are  worthy,  in  any  part  of  the  State. 

I  am  quite  sure  that  the  bill  was  passed  under  a  misappre- 
hension of  its  true  character,  and  that  on  a  reconsideration 
the  Legislature  will  decide  that  it  is  wiser  and  more  in  accord- 
ance with  the  sentiments  of  the  people  of  the  Common- 
wealth to  strengthen  rather  than  to  weaken  the  law. 

[To  the  House  of  Representatives,  May  28.] 

I  have  the  honor  to  transmit  herewith,  for  the  information 
of  the  Legislature,  the  reports  of  the  special  agents  who  were 
sent  to  Europe  under  authority  of  chapter  201,  Acts  of  1869  ; 
the  same  being  furnished  in  compliance  with  the  request  ex- 
pressed in  the  House  Order  of  April  13,  1870.  Previous  to 
the  adoption  of  that  Order  only  verbal  reports  had  been  made 
to  me,  and  Mr.  Walker's  absence  from  the  State  necessarily 
caused  some  delay.  As  his  agency  was  deemed  the  more  im- 
portant, and  as  he  spent  more  time  in  Europe  than  Mr.  Loud, 
the  latter  desired  to  see  Mr.  Walker's  report  before  making 
his  own.  I  deemed  this  request  reasonable,  although  it 
caused  further  delay,  and  prevented  an  earlier  transmission 
of  the  reports. 


SPECIAL   MESSAGES.  383 

[To  the  House  of  Representatives,  June  20.] 

I  return  without  my  approval  the  Bill  entitled  "  An  Act 
to  aid  in  the  construction  of  the  railroad  of  the  Boston, 
Hartford  and  Erie  Railroad  Company." 

The  people  of  the  Commonwealth  began  to  see  very  soon 
after  the  introduction  of  railroads  into  this  country  that  the 
prosperity  of  this  State  depended  upon  establishing  a  direct 
communication  with  the  canals  of  New  York  and  the  rail- 
roads of  that  State  and  other  States  west.  Private  enter- 
prise was  at  that  time  inadequate  to  the  construction  of 
so  great  a  work,  and  the  State  was  obliged  to  decide  either 
to  aid  the  corporation  which  was  attempting  to  build  a  rail- 
road to  the  Hudson  River  or  to  let  the  enterprise  as  a 
through  route  be  abandoned.  The  aid  was  granted,  as  from 
time  to  time  it  was  needed,  and  the  railroad  was  completed 
successfully. 

Other  railroad  corporations  have  been  assisted  in  like 
manner,  and  they  have  proved  of  immense  advantage  to  the 
State  and  sufficiently  remunerative  to  the  stockholders. 

The  success  of  these  enterprises  has  induced  other  parties 
to  enter  upon  new  plans  to  bring  the  people  of  the  Common- 
wealth into  more  intimate  connection  with  the  great  railroad 
routes  to  the  West.  A  charter  was  granted  for  the  Hoosac 
Tunnel  route,  with  State  aid,  upon  the  usual  conditions. 
The  company  failed  to  procure  funds  to  any  considerable 
amount  from  private  persons,  and  the  grants  from  the  State 
being  entirely  unequal  to  the  accomplishment  of  the  work, 
the  corporation  abandoned  it,  and  it  has  been  assumed  by 
the  State.  In  all  these  instances  the  State  acted  upon  the 
principle  in  granting  the  aid,  that  it  was  to  have  the  first 
security  on  the  road,  and  the  best  that  the  corporation  could 
offer.  This  principle  was  not  observed  in  giving  aid  to  the 
Boston,  Hartford  and  Erie  Railroad  Company ;  but  the 
State  agreed  to  take  security,  in  partnership  with  private 
persons,  in  Berdell  mortgage  bonds, — upon  the  express  con- 
dition, however,  that  before  any  bonds  of  the  State  should 
be  issued  to  the  company,  the  directors  should  satisfy  the 
Commissioners  and  the  Governor  and  Council  that  they  had, 
with  the  amount  loaned  by  the  State,  funds  sufficient  to 
build  the  road  to  the  Hudson  River. 

After  careful  scrutiny  the  Governor  and  Council,  and  the 
Commissioners,  on  the  sworn  statement  of  the  directors,  and 
the  evidence  laid  before  them,  became  satisfied  that  the 
corporation  had  sufficient  funds  to  carry  out  the  contracts 
for  building  the  road,  and  accordingly  issued  the  bonds  of 
the  State  to  the  corporation  towards  the  close  of  the  year 


i 


384  SPECIAL  MESSAGES. 

1868.  The  last  Legislature  modified  the  original  Act  by  in- 
creasing the  amount  of  the  aid  to  five  millions  of  dollars 
upon  certain  conditions  which,  in  my  estimation,  were  quite 
as  favorable  in  the  matter  of  security  to  the  Commonwealth 
as  the  former  Act.  Under  the  two  acts  three  millions  six 
hundred  thousand  dollars  of  State  bonds  have  been  issued, 
and  a  like  amount  of  Berdell  bonds,  so  called,  is  in  the 
hands  of  the  State  treasurer.  Before  any  bonds  were  issued 
the  Council  made  careful  inquiry  into  the  condition  of  the 
funds  of  the  corporation,  and  were  assured  most  positively 
that  they  were  securely  invested,  and  were  sufficient,  with 
the  aid  to  be  furnished  by  the  State,  to  complete  the  track  to 
Fishkill. 

Subsequent  investigation  has  substantially  proved  this 
statement  correct,  although  it  shows  that  much  waste  had 
then  occurred,  and  a  series  of  transactions  in  stocks  had 
already  been  entered  upon  which  were  totally  unwarranted 
by  the  charter,  or  by  any  custom  of  properly  managed  rail- 
road corporations. 

In  my  message  of  the  5th  of  March  I  called  the  attention 
of  the  Legislature  to  the  condition  of  the  company.  Pre- 
vious to  that  time  an  examination  had  been  made  by  the 
Council  which  revealed  a  state  of  things  altogether  new  to 
this  Commonwealth  in  her  dealings  with  corporations.  By 
that  examination  it  was  proved  that  the  funds  of  the  com- 
pany had  been  diverted  from  their  legitimate  vises  to  pur- 
poses of  speculation  and  other  purposes  still  worse ;  that  in 
that  diversion  the  corporation  had  lost  large  amounts,  and 
over  two  millions  of  dollars  in  direct  speculation  in  the 
course  of  a  few  months ;  and  that  at  the  date  of  the  message 
there  were  no  funds  in  its  treasury.  From  time  to  time  a 
floating  debt  amounting  nominally  to  more  than  eight  mil- 
lions of  dollars  had  been  created,  and  there  was  no  provision 
for  its  payment. 

By  this  bill  the  road  is  put  under  a  new  mortgage  of 
fifteen  million  dollars,  which  will  swell  such  indebtedness  to 
the  amount  of  thirty-five  millions  of  dollars,  with  interest  at 
the  rate  of  seven  per  cent.,  amounting  after  the  year  1872, 
provided  all  the  outstanding  coupons  are  exchanged  for 
second  mortgage  bonds,  to  the  large  sum  of  two  millions  four 
hundred  and  fifty  thousand  dollars  annually.  No  one  at  all 
conversant  with  the  earnings  of  railroads  can  possibly  expect 
that  the  income  from  the  road  will  approximate  this  amount, 
for  many  years  to  come.  The  State  is  asked  to  give  up  the 
security  for  her  loan,  and  take  in  place  of  it  these  new 
bonds,  which  certainly  can  be  of  very  little  value. 


SPECIAL   MESSAGES.  385 

The  Commonwealth  has  performed  her  part  of  the  con- 
tract generously,  and  in  good  faith.  The  necessity  for  this 
new  loan  is  admitted  to  arise  from  losses  made  by  the  direc- 
tors in  outside  transactions,  and  not  in  the  legitimate  busi- 
ness of  building  the  road.  The  parties  in  interest,  who  will 
receive  the  whole  direct  benefit  of  the  loan,  are  asked  to 
surrender  less  than  twenty-five  per  cent,  of  their  bonds,  while 
the  State  is  to  surrender  the  whole  of  hers.  The  bill  in- 
creases the  indebtedness  of  the  corporation  at  least  ten 
millions  of  dollars  with  but  a  very  small  increase  of  means, 
— certainly  not  more  than  two  and  a  half  or  three  millions 
of  dollars.  What  hope  of  success  can  there  be  with  funds 
borrowed  at  such  ruinous  rates  ?  Such  a  sacrifice  of  prop- 
erty, for  I  can  call  it  nothing  else,  is  not  just  to  the  people 
of  the  State ;  and  to  me  does  not  seem  necessary  for  the 
completion  of  the  enterprise. 

By  the  bill  the  State  is  made  responsible,  to  some  extent, 
for  the  character  of  the  directors  of  the  corporation.  The 
assumption  is  that  those  having  the  conduct  of  its  affairs,  in 
the  past,  have  proved  derelict  to  their  trust,  and  that  a  super- 
vising power  must  confirm  the  election  of  new  directors.  It 
seems  to  me  that  the  State  should  assume  no  such  respon- 
sibility. Before  granting  aid  let  the  legislature  become 
satisfied  with  the  character  of  the  company.  The  corpora- 
tion should  appear  before  the  legislature  purged  of  suspicion. 
The  State  ought  not  to  continue  its  association  with  the 
corporation,  which  has  shown  such  reckless  disregard  of  the 
great  interest  committed  to  its  keeping.  The  stockholders 
have  taken  no  steps  to  repudiate  the  action  of  their  directors ; 
and  any  future  board  of  directors  will  represent  the  same 
interests.  It  should  be  an  indispensable  condition  to  the 
granting  of  any  further  aid  by  the  State,  that  the  trustees 
under  the  Berdell  mortgage  should  first  be  put  into  the  full 
possession  and  control  of  the  railroad  and  all  its  concerns, 
in  order  that  there  may  be  assurance  that  the  means  pro- 
vided will  be  faithfully  devoted  to  the  purpose  for  which  they 
are  intended.  By  this  course,  the  debt  of  the  corporation 
will  be  kept  down  to  the  lowest  limits  now  possible,  and  the 
responsibility  of  the  State  for  its  future  management  will 
cease.  The  holders  of  Berdell  bonds  will  also  have  a  much 
greater  inducement  to  furnish  means  sufficient  for  the  com- 
pletion of  the  road. 

My  objections  to  the  bill  may  be  briefly  recapitulated  as 
follows :  — 

I  cannot  consent  to  the  exchange  of  first  mortgage  bonds 
for  second  mortgage  bonds  secured  by  a  mortgage  on  the 

49 


386  SPECIAL  MESSAGES. 

same  property.  It  is  true  that  the  mismanagement  by  the 
corporation  has  seriously  diminished  the  value  of  the  security 
of  the  first  mortgage  ;  but  this  would  hardly  justify  the 
gift  of  the  bonds  to  the  same  corporation,  notwithstanding 
this  loss  of  assets.  I  cannot  regard  these  bonds  as  entirely 
worthless.  On  the  other  hand,  I  cannot  doubt  that  if  the 
enterprise  be  placed  in  honest  and  competent  hands,  a  large 
portion,  if  not  the  whole,  of  the  cost  of  these  bonds  may  yet 
be  secured,  and  we  cannot  answer  to  the  people  of  the  Com- 
monwealth for  surrendering  them  without  an  effort  to  ap- 
preciate them. 

It  does  not  comport  with  the  dignity  or  the  interests  of 
the  Commonwealth  to  maintain  the  relations  involved  in 
this  bill,  with  a  corporation  which  has  shown  itself  so  in- 
competent and  unfaithful  to  its  trusts.  The  shares  have 
only  a  fictitious  value,  depending  solely  upon  the  manipula- 
tions of  operators  ;  and  so  long  as  the  holders  of  worthless 
stock  elect  the  directors,  the  nominal  control  by  the  governor 
and  council,  or  even  by  the  trustees  under  the  second  mort- 
gage bonds,  will  be  of  little  avail.  My  own  experience  has 
proved  how  little  such  control  is  worth  ;  and  I  should  be  un- 
willing to  assume  for  myself  or  to  transmit  to  my  successors 
a  responsibility  supported  by  the  semblance  of  power. 

I  cannot  justify  myself  in  consenting  that  the  Berdell 
trustees  be  dispossessed,  as  this  bill  practically  aims  to  do,  of 
all  control  over  their  trust.  They  are  the  legal  guardians 
of  this  enterprise ;  they  have  been  appointed  in  accordance 
with  a  mortgage  which  has  received  tlie  sanction  of  the 
four  States  through  which  the  road  passes,  and  I  am  happy 
to  say  they  are  gentlemen  in  whose  capacity  and  integrity 
the  public  has  entire  confidence. 

Anxious  as  I  have  been  and  am  to  see  the  flats  of  the 
Commonwealth  filled  in  connection  with  this  enterprise,  I 
cannot  escape  the  conviction  that,  if  the  State  is  to  furnish, 
substantially,  the  entire  means  for  this  purpose,  the  contracts 
for  the  work  should  be  made  at  the  lowest  cash  prices,  and 
the  work  should  be  done  under  the  direction  of  the  trustees 
of  the  Berdell  mortgage. 

I  might  feel  less  confidence  in  these  objections  if  the  bill 
presented  the  only  or  the  best  plan  for  protecting  the  Com- 
monwealth as  a  bondholder,  or  for  securing  to  all  parties  in 
interest  the  best  results  now  attainable  from  this  enter- 
prise. In  the  present  bankrupt  condition  of  the  corporation, 
I  cannot  think  it  safe  or  wise  for  the  State  to  give  any 
further  aid  to  the  building  of  the  road  west  of  the  Con- 
necticut River.     It  may,  however,  be  well  for  the  legisla- 


SPECIAL  MESSAGES.  387 

ture  to  consider  whether  some  plan  may  not  be  devised  by 
which  the  State  may  aid  in  filling  the  fiats,  and  completing 
the  road  to  Willimantic.  If  the  corporation  should  place 
its  property  and  franchises  in  the  hands  of  the  Berdell 
trustees  for  this  purpose,  and  if  the  creditors  receive  for  the 
amounts  due  them  second  mortgage  bonds  authorized  to 
an  amount  sufficient  to  cover  valid  claims,  it  seems  to  me 
that  all  the  commercial  results  at  present  available  might 
be  secured,  and  that  the  income  of  this  as  part  of  the 
shortest  line  to  New  York  would  give  a  greater  value  to 
the  Berdell  bonds  than  any  plan  which  contemplates  ex- 
penditures west  of  the  Connecticut  River.  This  would  be 
almost  exclusively  a  Massachusetts  road,  and  in  the  develop- 
ment of  local  industries  would  promote  ulterior  advantages 
which  would  serve  to  diminish  the  ultimate  loss  on  our  scrip. 

Farther  than  this,  I  suggest  that  if  the  bondholders  place 
in  the  hands  of  the  Berdell  trustees,  bonds  or  other  means 
to  be  applied  west  of  the  Connecticut  River,  the  completion 
of  the  enterprise  might  be  secured. 

Of  course,  these  suggestions  involve  the  voluntary  acqui- 
escence of  the  corporation  and  the  creditors.  Refusal  on 
their  part  would  invite,  if  not  compel,  foreclosure. 

Having  always  taken  a  deep  interest  in  the  success  of  this 
enterprise,  and  still  entertaining  a  firm  faith  in  its  future, 
I  make  these  suggestions  as  the  best  that  occur  to  me,  dis- 
claiming at  the  same  time  any  desire  to  interfere  with  the 
course  of  the  legislature,  but  with  a  strong  conviction  that 
they  furnish  the  most  practical  solution  of  the  problem. 

Like  all  public  enterprises  tending  to  develop  the  re- 
sources of  the  State,  this  company  has  been  generously  en- 
couraged by  the  legislature.  The  road  is  of  great  importance 
to  the  Commonwealth  and  should  be  speedily  completed. 

It  opens  new  channels  of  communication  to  the  Middle 
States  and  the  West.  It  brings  us  into  closest  connection 
with  our  thriving  sister  States,  Rhode  Island  and  Connecticut. 
It  cannot  fail  to  be  quite  as  important  to  them  as  to  us,  and 
why  should  they  not  aid  in  its  completion  ? 

Whether  it  is  profitable  to  the  owners  or  not,  it  will  add 
to  the  wealth  of  the  cities  and  villages  along  the  route,  and 
to  that  of  our  chief  city,  whose  people  have  furnished  so 
much  means  to  build  it. 

But,  great  as  are  these  advantages,  they  are  not  to  be 
counted  for  a  moment  if  the  State  is  to  be  disgraced  by  silent 
acquiescence  in  the  course  of  deception,  peculation  and 
fraud  practised  by  the  managers  of  the  company.  Massa- 
chusetts will  no  longer  be  recognized  as  a  leader  in  educa- 


388  SPECIAL  MESSAGES. 

tion,  culture  and  enterprise,  and  in  that  spotless  integrity  in 
the  administration  of  public  affairs  which  has  hitherto  made 
her  name  stand  with  high  honor  among  her  sister  States,  if 
she  does  not  rebuke  the  misappropriation  of  public  funds  and 
the  betrayal  of  sacred  trusts.  Our  money  has  been  put  in 
peril  by  others  ;  but  let  us  not  suffer  them  also  to  put  our 
reputation  and  honor  in  jeopardy.  Let  all  applicants  for 
franchise  or  assistance  fully  understand  that  no  countenance 
whatever  will  be  given  to  deceit,  fraud  or  diversion  of  funds, 
by  the  managers  of  corporations.  The  good  name  of  the 
Commonwealth  and  the  highest  interests  of  society  demand 
that  such  misconduct,  now  and  hereafter,  shall  be  visited 
with  the  severest  reprobation. 


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THE 


CIVIL    GOVERNMENT 


Commonfeeciltlj  of  Passatljusetts, 

AND    OFFICERS    IMMEDIATELY    CONNECTED    THEREWITH, 
FOR  THE  POLITICAL  YEAR 


1870. 


EXECUTIVE     DEPARTMENT. 


HIS    EXCELLENCY 

WILLIAM    CLAFLIN, 

GOVERNOK. 
CHARLES  H.  TAYLOR,  Private  Secretary. 


HIS     HONOR 


JOSEPH    TUCKEE, 

LIEUTENANT-GOVERNOR. 


COUNCIL  — (By    Districts.) 


I.— MARSHALL  S.  UNDERWOOD, 
n.— WILLIAM  L.  REED. 
III.— HENRY  G.  CROWELL. 
IV. -PETER  HARVEY. 


v.— ROLAND  G.  USHER. 

VI.— JONATHAN  B.  WINN. 

VIL— CHARLES  ADAMS,  Jr. 

VIII.— SYLVANDER  JOHNSON. 


OLIYER    WARNER, 

Secretaey  of  the  Commonwealth. 
CHARLES  W.  LOVETT,  1st  Clerh.        BENJAMIN  C  PIPER,  2d  Clerk. 

JACOB    H.    LOUD, 

Treasurer  and  Receiver-General. 
DANIEL  H.  ROGERS,  1st  Clerk.       ARTEMAS  HARMON,  2d  Clerk. 

CHARLES    ENDICOTT, 

Auditor. 
EDWARD  S.  DAVIS,  1st  Clerk.        AUGUSTUS  BROWN,  2d  Clerk. 


CHARLES    ALLEN, 

Attorney-General. 
JAMES  C.  DAVIS,  Assistant  Attorney-General. 


LEGISLATIVE    DEPARTMENT. 


GENERAL    COURT: 

Arraxged  in  accordance  avith  the  District  Revision  of  1866. 


SENATE. 


President— HORACE  H.  COOLIDGE. 


District. 

Name  of  Senator. 

Residence. 

First  Suffolk,      . 

Jeremiah  H.  Pote, 

Boston. 

Second    " 

Alonzo  M.  Giles, 

Boston. 

Third      » 

Ellis  W.  Morton, 

Boston. 

Fourth     " 

Horace  H.  Coolidge, 

Boston. 

Fifth 

James  A.  Fox,    . 

Boston. 

Sixth       « 

Patrick  A.  Collins, 

Boston. 

First  Essex, 

William  W.  Kellogg, 

Lynn. 

Second  " 

Nathaniel  J.  Holden, 

Salem. 

Third    " 

Joseph  S.  Howe, 

Methuen. 

Fourth  » 

Orlando  B.  Tenney, 

Georgetown. 

Fifth      " 

Frederick  Willcomb, 

Ipswich. 

First  Middlesex, 

Francis  Thompson, 

Charlestown. 

Second       " 

James  Pierce, 

Maiden. 

Third         " 

William  W.  Warren, 

Brighton. 

Fourth       " 

Edmond  Dowse, . 

Sherborn. 

Fifth           « 

John  Fletcher,  Jr., 

Acton. 

406 


SENATE. 


District 

Name  of  Senator. 

Kesidence. 

Sixth  Middlesex, 

Joseph  G.  Pollard, 

Woburn. 

Seventh     " 

Benjamin  F.  Clark,     . 

Chelmsford. 

First  Worcester, 

George  M.  Rice, . 

Worcester. 

Second       " 

Charles  A.  Wheelock, 

Uxbridge. 

Third         « 

George  W.  Johnson,   . 

Brookfield. 

Fourth       " 

George  M.  Buttrick,    . 

Barre. 

Fifth 

Henry  C.  Greeley, 

Clinton. 

First  Hampden, . 

Charles  R.  Ladd, 

Springfield. 

Second       " 

W.  W.  Jenness,  . 

Chicopee. 

Hampshire, 

Stephen  M.  Crosby,     . 

Williamsburg. 

Franklin,   . 

Andrew  J.  Clark, 

Orange- 

Berkshire, . 

Charles  J.  Kittredge,  . 

Hinsdale. 

Berksh'e  &  Hampshire, 

Joseph  A.  Benjamin,  . 

Egremont. 

First  Norfolk,     . 

George  H.  Monroe,     . 

Boston. 

Second     " 

Waldo  Colburn, . 

Dedham. 

Third        « 

James  H.  Leland, 

Walpole. 

First  Plymouth, . 

James  G.  Sproat, 

Wareham. 

Second      " 

Jacob  Bates, 

East  Bridgewater. 

Norfolk  &  Plymouth, . 

Francis  A.  Hobart,      . 

Braintree. 

First  Bristol, 

Stephen  H.  Rhodes,    . 

Taunton. 

Second  " 

John  A.  Hawes, . 

Fairhaven. 

Third    " 

John  B.  Hathaway,     . 

Fall  River.    • 

Cape, 

Nathaniel  E.  Atwood, 

Provincetown. 

Island, 

George  A.  King, 

Barnstable. 

STEPHEN  N.  GIFFOKD,  Clerh. 


J.  0.  MEANS,  of  Boston,  Chaplain. 
JOHN  MOKISSEY,  Sergeani-air-Arms. 


HOUSE  OF  REPRESENTATIYES. 


407 


HOUSE    or    REPRESENTATIVES. 


Speaker— UARYEY   JEWELL. 


COUNTY  OF  SUFFOLK. 


Ward. 


Name  of  Representative. 


1st, 
2d, 
3d, 
4th, 
5th, 
6th, 
7th, 

8th, 

9th, 
10th, 


Boston,  Ward  1, 
Boston,  Ward  2, 
Boston,  Ward  3, 
Boston,  Ward  4, 
Boston,  Ward  5, 
Boston,  Ward  6, 
Boston,  Ward  7, 

Boston,  Ward  8, 

Boston,  Ward  9, 
Boston,  Ward  10, 


Dexter  A.  Tompkins, 
Sydney  F.  Whitehouse, 
Hedgdon  F.  Buzzell, 

Michael  Carney, 
James  O.  Fallon, 
John  Dry  nan,    . 

Thomas  J.  Gargan, 
Michael  F.  Wells, 
Thomas  L.  Jenks, 

Charles  R.  Train, 
Daniel  H.  Whitney, 
S.  Frank  Crockett, 

Dennis  J.  Gorman, 
Charles  L.  Woodbury 
Jeremiah  J.  DriscoU, 

Harvey  Jewell,  . 
George  L.  Ruffin, 
Hugh  Flood,      . 

Hugh  A.  Madden, 
John  E.  Fitzgerald, 
Patrick  Barry,   . 

Amasa  W.  Bailey, 
John  D.  Weld,  . 
WiUiam  H.  Cundy, 

L.  Miles  Standish, 
George  Nowell, . 

Timothy  Davis, . 
Noble  H.  Hill,  . 


Boston. 

u 
(( 

Boston. 

u 

Boston. 

(( 
(( 

Boston. 

(( 
ii 

Boston. 

u 

Boston. 

li 

u 

Boston. 

(( 

Boston. 

u 

Boston. 

(( 

Boston. 


408 


HOUSE  OF  REPRESENTATIVES. 
COUNTY  OF   SUFFOLK— Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

11th, 

r2th, 

13th, 

Boston,  Ward  11,        .  ] 

Boston,  Ward  12,        .  j 

( Chelsea,            .         . ') 

}  North  Chelsea, .         .  y 
I  Winthrop,          .         . ) 

James  Hoswell, . 
Solomon  Carter, 
Samuel  J.  Tuttle, 

Robert  Johnson, 
Francis  James,  . 

Andrew  L.  Haskell,  . 
Caleb  Lombard, 
John  H.  Roberts, 

Boston. 

(( 
a 

Boston. 

(( 

Chelsea. 
(( 

u 

COUNTY  OF  ESSEX. 


1st, 

(  Salisbury, 

-|  Amesbury, 

(  West  Newbury, 

■■\ 

William  H.  Ames, 
William  Merrill, 

Salisbury. 
West  Newbury 

2d, 

(  Haverhill, 
(  Bradibrd, 

1 

Charles  J.  Goodwin,  . 
Henry  A.  Lord, 
Luther  G.  Morrison,  . 

Haverhill. 

11 

:3d. 

(  Lawrence, 
(  Methuen, 

! 

John  K.  Tarbox, 
Patrick  Sweeney, 
Robert  Bower,  . 

Lawrence. 

u 

4th, 

C  Andover, 

1  North  Andover, 

! 

Edward  Taylor, 

Andover. 

5th, 

( Geororetown,     . 
■<  Groveland, 
{Boxford,  . 

\ 

Zenas  C.  Wardwell,  . 

Groveland. 

6th, 

(  Newburyport,  . 
(  Newbury, 

i 

David  T.  Woodwell, . 
Horace  Choate, . 
George  J.  L.  Colby,  . 

Newburyport. 

7th, 

J  Ipswich,    . 
I  Rowley,    . 

} 

WesleyK.  Bell, . 

Ipswich. 

8th, 

(  Gloucester, 
I  Essex, 

s 

William  A.  Pew, 
John  Ayars,  Jr., 
William  H.  Mears,     . 

Gloucester. 

u 

Essex. 

9th, 

Rockport, 

William  Marchant,    . 

Rockport. 

10th, 

r  Beverly,   . 
■}  Manchester, 
(  Hamilton, 

1 

Henry  P.  Moulton,    . 
Nathan  H.  Webb,      . 

Beverly. 

u 

HOUSE  OF  REPRESENTATIVES. 

COUNTY  OF  ESSEX— Concluded. 


409 


District. 


11th, 

12th, 
13th, 
14th, 
15th, 

16th, 
17th, 
18th, 

19th, 
20th, 


Town  or  Ward. 


Name  of  Representative. 


5  Danvers,  .         .        .  ? 
I  Wenham,  .        .  ^ 

Peabody, . 

5  Salem,  Wards    1,  2  ) 
I      and  3,  .        .         .; 

Salem,  Wards  4  and  6, 

(  Marblehead,  and         ) 

I      Ward  5,  Salem,    .  ) 

(  Lynn,  Ward  4,  and  \ 
\    ^Nahant,         .         . ) 

Lynn,  Wards  2  and  5, 


Lynn,  Ward  3,  and  ^ 
Swampscott, .        . ) 


1 

(  Lynn,   Wards  1,  6  ) 

l      and  7,  .  .  . ) 

rSaugus,     .  .  ."I 

J  Lynnfield,  .  .  ! 

)  Middletown,  .  .  [" 

[_  Topsfield,  .  .  J 


Abbott  Johnson, 

Robert  S.  Daniels,     . 

John  Barlow, 

Samuel  Galley,  . 

William  Cogswell, 

George  H.  Martin, 
William  H.  Wormstead 

Peter  M.  Neal,  . 

John  W.  Blaney, 

Orrin  Hewes,    . 

Daniel  N.  Barrett, 
John  Armitage, 


Wenham. 

Peabody. 
Salem. 

Salem. 
Marblehead. 

Lynn. 
Lynn. 
Lynn. 

Lynn. 

Saugus. 


COUNTY  OF  MIDDLESEX. 


1st, 
2d, 

3d, 
4th, 


Charlestown,Ward  1, 
Charlestown,Ward  2,  •] 

Charlestown,Ward  3,  ■] 

(  Somerville,    .   . 
I  Maiden,*  . 


Samuel  S.  Willson, 

Thomas  B.  Harris, 

Marshall  N.  Cutter, 

Samuel  D.  Sawin, 
John  A.  Day,     . 

George  P.  Cox, 
Joseph  M.  Russell, 
Selwin  Z.  Bowman, 


Charlestown. 
Charlestown. 

a 

Charlestown. 

a 

Maiden. 

u 

Somerville. 


*  Town  of  Everett  incorporated  March  9, 1870,  embracing  a  portion  of  the  town  of 
Maiden.  Suffrage  rights  unchanged,  except  for  municipal  purposes,  until  new  appor- 
tionment. 


52 


410 


HOUSE  OF  REPRESENTATIVES. 

COUNTY  OF  MIDDLESEX— Continued. 


5th, 
6th, 

7th, 

,  8th, 

9th, 
10th, 

11th, 

12th, 
13th, 

14th, 

15th, 

16th, 
17th, 

18th, 

19th, 
20th, 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


Medford,  . 

Arlington,  .         . ) 

Winchester,      .         . ) 


5  Cambridge,  Ward  1, 


Ward  5 


:{ 


(  Cambridge,  Ward  2, 
X         "  Ward  4, 

Cambridge,  Ward  3, 


(  Newton,  . 
(  Brighton,  • 

(  Watertown, 
\  Belmont,  . 

Waltham, 

Natick,     . 

C  HoUiston, . 
I  Sherborn, 

(  Hopkinton, 
I  Ashland,  . 

Framingham, 

Marlborough, 

f  Hudson,   . 
J  Stow, 
]  Boxborough, 
L  Littleton, . 

S  Acton, 
Sudbury,  . 
Wayland, 

(  Concord,  . 
■<  Lincoln,  . 
( Weston,    . 


James  A.  Hervey, 
Jesse  Bacon, 

James  R.  Morse, 

Curtis  Davis, 
Joseph  Newmarch,     . 
Alonzo  B.Wentworth, 

Charles  J.  Mclntire,  . 

John  B.  Goodrich, 
James  J.  Walworth,  . 

Luke  Perkins,  . 

Horatio  Moore, 
Newton  Morse, . 

Elias  BuUard,    . 

Eliakim  A.  Bates, 

Theodore  C.  Hurd,    . 
Edward  L.  Bigelow,  . 

James  L.  Harriman,  . 

Thomas  P.  Hurlbut,  . 
Samuel  H.  Pierce, 


Medford. 
Arlington. 

Cambridge. 
Cambridge. 

(( 

Cambridge. 
Newton. 

Watertown. 

Waltham. 
Natick. 

Holliston. 

Hopkinton. 

Framingham. 
Marlborough. 

Hudson. 

Sudbury. 
Lincoln. 


HOUSE  OF  REPRESENTATIVES. 

COUNTY  OF  MIDDLESEX— Concluded. 


411 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

f  Lexington,        .         .") 

21st, 

j  Bedford,  .        .        .  ! 
j  Burlington,       .         .  | 
(_ Carlisle,   .        .        .J 

William  Winn,  . 

Burlington. 

22d, 

Woburn,  . 

William' T.^Grammer, 

Woburn. 

23d, 

( Stonebam,        .        . ") 
}  Wakefield,        .        .  [ 
(Melrose,   .        .        .) 

Samuel  C.  Trull, 
Benjamin  F.Packard, 

Stonebam. 
Wakefield. 

24th, 

(Reading,  .        .        .') 

<  North  Reading,        .  >■ 
( Wilmington,      .         . ) 

Samuel  Pierce,  . 

Reading. 

25th, 

( Chelmsford,      .        .  j) 
<  Billerica,  .         .         .  > 
( Tewksbury,      .        . ) 

Sylvester  S.  Hill,       . 

Billerica. 

26th, 

(Lowell,  Ward  1,       .) 

}       "        W^ard2,       .}■ 
(      "        Ward  6,       .) 

Edward  Tuck,  . 
Theodore  H.Sweetser, 

Lowell. 

a 

27th, 

LoweU,  Ward  3,       . 

Stephen  Wallace, 

Lowell. 

28th, 

Lowell,  Ward  4, 

David  Lane, 

Lowell. 

29th, 

Lowell,  Ward  5, 

William  H.  Parker,  . 

Lowell. 

30th, 

fDracut,     . 
,  Tyngsborough, 
{  Dunstable, 
(.Westford, 

J.  Wesley  Marshall,  . 

Tyngsborough. 

31st, 

(  Groton,    .         .        . ) 
\  Pepperell,         .        . ) 

E.  Dana  Bancroft,     . 

Groton. 

32d, 

( Townsend,        .        . ) 
^Ashby,      .        .        .[ 
(Shirley,    .        .        .) 

Samuel  R.  Damon,    . 

Ashby. 

COUNTY  OF  WORCESTER. 


1st, 
2d, 


Ashburnham,    . 
Winchendon,    . 


(  Royalston, 
\  Athol, 


:    :} 


William  L.  Woodcock, 
Benjamin  H.  Brown, 


Winchendon. 
Royalston. 


412 


HOUSE    OF   REPRESENTATIVES. 
COUNTY  OF  WORCESTER— Continued. 


3d, 

4th, 

5th, 

6th, 
7th, 
8th, 

9th, 
10th, 

11th, 

12th, 
13th, 


Town  or  Ward. 


Name  of  Representative. 


(  Gardner,  . 
(^  Templeton, 

f  Petersham, 

Dana, 
I  Phillipston, 

Hubbardston, 

Barre, 

Hai'dwick, 
(_New  Braintree 

f  Westminster, 


Fitchburg, 
")  Lunenburg, 
l^  Leominster, 

(  Lancaster, 
■).  Bolton,  . 
(  Harvard, . 

( Clinton,    . 

■}  Berlin, 

(  Northborough, 

(  Sterling,  . 

}  West  Boylston 
(  Boylston, . 

f  Rutland,  . 
J  Holden,  . 
j  Princeton, 
1,  Oakham, . 


f  Worcester,  Ward  1, 

Ward  2, 

i  "  Ward  3, 

I  "  Ward  8, 

l_Paxton,    . 

f  Worcester,  Ward  4,1 

j  "  Ward  5,  ! 

)  "  Ward  6,  f 

L         "  Ward  7,  J 


(  Grafton,   . 
(  Shrewsbury, 


:} 


(  Westborough,  .        .  ) 
I  Southborough,  .         .  ) 


John  M.  Moore, 


James  W.  Jenkins, 
Jubal  C.  Gleason, 


Charles  H.  Merriam, 
Henry  A.  Goodrich,  . 
Timothy  D.  Wood,    . 


George  A  Parker, 


Jonas  E.  Howe, 


Charles  H.  Loring, 


Albert  W.  Lincoln,    . 


John  W.  Wetherell, 
Daniel  W.  Bemis, 
Thomas  Earle, 


Edwin  T.  Marble,  . 
Dorrance  S.  Goddard, 
Thomas  Gates,  . 


Thomas  Rice,     . 
William  M.  Child, 


Gardner. 


Barre. 
Hardwick. 


Leominster. 

Fitchburg. 

AVestminster. 


Lancaster. 

Clinton. 

Sterling. 

Oakham. 

Worcester. 

(( 

(( 
Worcester. 

u 
(( 

Shrewsbury. 
Westborouffh. 


HOUSE  OF  REPRESENTATIVES. 

COUNTY  OF  WORCESTER— Concluded. 


413 


District. 

Town. 

Name  of  Representative. 

Residence. 

14th, 

(  Northbrldge,     .         .  } 
\  Upton,      .         .         .  1 

Adams  Fiske,     . 

Upton. 

15th, 

'Milford,    .         .        0 
J  Mendon,  .         .         .  ! 
Blackstone,       .         .  ' 
.Uxbridge, 

Harrison  CAATiitmore, 
A.  A.  Sherman, 
Bainbridge  Haywai-d, 

Blackstone. 

Uxbridge. 

Milford. 

16th, 

'Douglas,  . 

Webster,  . 

Dudley,    . 

Oxford,     . 

Sutton,     . 
^Millbury,  . 

Charles  H.  Page, 
John  Rhodes,     . 
Moses  W.  Mclntire,  . 

Webster. 
Millbury. 
Oxford. 

17th, 

'Auburn,    . 
Leicester, 
H  Spencer,  .        .        .  > 

Charlton, 
_  Southbridge,     . 

Luther  Hill, 
Lory  S.  Watson, 

Spencer. 
Leicester. 

18th, 

'Sturbridge, 
Brookfield, 
<  North  Brookfield,      .  - 
West  Brookfield, 
,  Warren,   . 

Benjamin  A.  Tripp,  . 
John  Harvey  Moore, . 

■ 
Warren. 

u 

COUNTY 

OF  HAMPSHIRE. 

1st, 

'Easthampton,  . 
Huntington, 
■{  Northampton,   .         .  ^ 
Southampton,  . 
,Westhampton,  . 

'Chesterfield,     . 
Cummington,    . 

William  F.  Arnold,    . 
Lucas  W.  Hannum,*. 

Northampton. 
Eastampton. 

2d, 

J  Goshen,    .         .         .  , 
1  Middlefield,      . 
Plainfield, 
^AVorthington,   .         .J 

Edward  Clarke, 

Chesterfield. 

3d, 

(Hadley,    .         .         .) 
}  Hatfield,  .         .         S 
(Williamsburg,  .         .) 

Francis  Edson,  . 

Hadley. 

*Mr.  Hannum's  death  was  announced  in  the  House,  March  9th.    The  vacancy  was 
not  filled. 


414 


HOUSE   OP  REPRESENTATIVES. 
COUNTY  OF  HAMPSHIRE— Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

ResldeDce. 

4th, 

5th, 
6th, 

5  Amherst,  .         .        .  ? 
I  South  Hadley, .         .  ^ 

(  Belchertown,    .         . ") 
■<  Granby,   .         .         .  >• 
(Pelham,    .         .         .) 

f  Enfield,    .         .         .^ 
j  Greenwich,       .         .  ! 
)  Prescott,  .         .         .  I 
LWare,      .        .        .J 

Levi  Stockbridge, 
Sylvester  Jewett, 

Benjamin  F.  Angell,  . 

Amherst. 
Pelham. 

Ware. 

COUNTY  OF  HAJSIPDEN. 


1st, 

2d, 

3d, 

4th, 

5th, 

6th, 

7th, 
8th, 
9th, 


fMonson,  . 
J  Brimfield, 
]  Holland,  . 

L  Wales,      . 

(  Palmer,  . 
I  Wilbraham, 


0 


:} 


Springfield,  Ward  1, 

Ward  2, 

"  Ward  3, 

C  Springfield,  Ward  4,  7 
I  «  Ward  6, ; 

Springfield,  Ward  5, 

Ward  7, 

«  Ward  8, 


JHolyoke,  . 
Chicopee, 
Ludlow,    . 

'  Granville, 

Southwick, 

Agawam, . 

West  Springfield, 
_  Longmeadow,  . 

Westfield, 

r  Chester,    . 
I  Blandford, 
■{  Montgomery,    . 
I  Russell,     . 
[Tolland,   . 


Samuel  W.  Brown, 


Ira  G.  Potter, 


Emerson  Wight, 
Justin  M.  Cooley, 


Daniel  L.  Harris, 
David  Powers,  . 


Lewis  M.  Ferry, 
Henry  A.  Pratt, 


Lester  Williams, 
Larone  Hills,     . 


Samuel  Horton, 
Dexter  Parks,    . 


Brimfield, 

Wilbraham. 

Springfield. 

(( 

Springfield. 
Springfield. 


Chicopee. 
Holyoke. 


W.  Springfield. 
Longmeadow. 


Westfield. 


Russell. 


HOUSE  OF  REPRESENTATIVES. 
COUNTY  OF  FRANKLIN. 


415 


Kame  of  Representative.  Residence. 


1st, 


2d, 


3d, 


4th, 


5th, 


(  Warwick, 
<  Orange,  . 
(New  Salem, 

C  Montague, 
I  Sunderland, 
■{  Leverett,  . 

Shutesbury, 
t  Wendell,  . 

Greenfield, 
Colrain,    . 
Leyden,    . 
Bernardston, 
Gill, 

Northfield, 
_  Erving,     . 

r  Deerfield, 

j  Shelburne, 
!  Whately, . 
j  Conwaj^,  . 
Ashfield,  . 
(^  Hawley,   . 

'  Buckland, 
Charlemont, 
Heath, 
Rowe, 

^  Monroe,    . 


Edward  F.  Mayo, 


John  H.  Davis,  . 


Ansel  C.  Smith, 
Noah  Rankin,    . 


Henry  A.  Warriner, 
Carlos  Batchelder, 


Daniel  Gale, 


Warwick. 


Shutesbury. 


Colrain. 
Erving. 


Deerfield. 
Conway. 


Heath. 


COUNTY  OF  BERKSHIRE. 


ist, 


2d, 


3d, 


f  Hancock, . 

J  Lanesboroiigh, 
I  New  Ashford, 
(^  Williamstown, 

f  Adams,     . 
Cheshire,  . 
Clarksburg, 
Florida,    . 
Savoy,      . 

( Dalton,  . 
J  Pittsfield, . 
(  Richmond, 


1 
y   Benjamin  F.  Mills, 


William  F.  Darby, 
Henry  J.  Barker, 


Ensign  H.  Kellogg,    . 
Samuel  A.  Churchill, 


Williamstown. 


Adams. 


Pittsfield. 


416 


HOUSE   OF  REPRESENTATIVES. 
COUNTY  OF   BERKSHIRE— Concluded. 


4th, 


5th, 


6th, 


7th, 


8th, 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


fBecket,  . 
I  Hinsdale, . 
■{  Peru, 

Washington,     . 
[_  Windsor,  . 

(  Lenox, 

■<  Stockbridge,     . 
(West  Stockbridge, 

fLee, . 
j  Monterey, 
1  Otis, 
1^  Tyringham, 

fAlford,     . 
J  Egremont, 
1  Great  Harrington, 
(^  Mount  Washington, 

(  New  Marlborough, 
<  Sandisfield, 
(  Sheffield,  . 


George  T.  Plunkett, 


Edward  McDonald,   .    Lenox. 


Hinsdale. 


Alanson  Crittenden, 


Herbert  C.  Joyner,* 


John  D.  Burtch, 


Otis. 


Gt.  Barringtoii. 


Sheffield. 


COUNTY  OF  NORFOLK. 


1st, 

Dedham,f 

John  R.  BuUard, 

Dedham. 

2d, 

West  Roxbury, 

John  W.  McKim, 

W.  Roxbury. 

3d, 

fRoxbury,tWard2,  ."^ 
!          "         Ward  3,  .  , 
i          "         Ward  4,  .  [ 
I         "         Ward  5,  .J 

Moody  Merrill,  . 
Charles  H.  Hovey,     . 
George  Putnam, 

Boston. 

u 

4th, 

Roxbury,  Ward  1,    . 

Benjamin  Franklin,  . 

Roxbury. 

5th, 

Dorchester ,t      .         .  [• 

Henry  J.  Nazro, 
Samuel  Atherton, 

Dorchester. 

*Mr.  David  S.  Draper  of  Great  Barrington,  who  was  chosen  at  the  general  election, 
refused  to  be  qualified  and  take  his  seat,  whereupon  the  House  declared  the  seat 
vacant,  and  Mr.  Joyner  was  elected. 

t  Town  of  Hyde  Park  incorporated  April  22,  1868,  embracing  portions  of  Districts  1, 
5  and  11;  Dorchester  annexed  to  Boston  in  1869.  Suffrage  rights  unchanged,  except 
for  municipal  purposes,  until  new  apportionment. 

X  Annexed  to  Boston  in  1867.  Suffrage  rights  unchanged,  except  for  municipal  pur- 
poses, until  new  apportionment. 


HOUSE  OP  REPRESENTATIYES. 

COUNTY  OF  NORFOLK— Concluded. 


417 


District. 

Towns. 

Name  of  Representative. 

Residence. 

6th, 

Quincy,    . 

Edmund  B.  Taylor,  . 

Quincy. 

7th, 

Braintree, 

Henry  Mann,     . 

Braintree. 

8th, 

Weymouth, 

•1 

Charles  C.  Wilbar,     . 
Franklin  Derby, 

WejTnouth. 

9th, 

Randolph, 

Cornelius  McMahon, . 

Randolph. 

10th, 

Stoughton, 

George  H.  Goward,  . 

Stoughton. 

11th, 

f  Canton,    . 

j  Milton,*   . 
1  "\Valpole,f 
l_  Sharon,     . 

0 

•J 

John  Sias, . 
Bushrod  Morse, . 

Milton. 
Sharon. 

12th, 

( Foxborough,      . 
■<  Wrentham,t 
(  Medway,t 

;i 

James  E.  Carpenter,  . 
James  H.  Ellis,  . 

Foxborough. 
Medway. 

13th, 

j  Franklin,! 

(  Bellingham, 

:! 

Richard  Eddy,  . 

Franklin. 

14th, 

C  Needham, 
}  Medfield,  . 
(  Dover, 

;l 

George  K.  Daniell,    . 

Needham. 

15th, 

Brookline, 

• 

Alanson  W.  Beard,    . 

Brookline. 

COUNTY  OF  BRISTOL. 


1st, 

Attleborough,  . 

. 

Gardner  C.  Wright,  . 

Attleborough. 

2d, 

J  Mansfield, 
\  Norton,     . 

;} 

Frederick  A.  Mann,  . 

Mansfield. 

3d, 

( Easton,     . 
(  Raynham, 

:} 

Thomas  Bean,   . 

Easton. 

4th, 

Taunton,  . 

•1 

Alfred  M.  Williams,  . 
Alex'er  H.  Champlin, 
George  H.  Babbitt,  Jr. 

Taunton. 

*  Town  of  Hyde  Park  incorporated  April  22,  1868,  embracing  portions  of  Districts  1, 
5  and  11. 

t  Town  of  Norfolk  incorporated  February  23, 1870,  embracing  portions  of  Wrentham 
Franklin,  Medway  and  Walpole.  Suflfrage  rights  unchanged,  except  for  municipal  pur- 
poses, untU  new  apportionment. 

53 


418 


HOUSE  OF  REPRESENTATIVES. 

COUNTY  OF  BRISTOL— Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

5th, 

C  Seekonk,  . 
J  Rehoboth, 
i  Dighton,  . 
l_  Berkley,   , 

1 

f 

Elisha  Davis, 

Rehoboth. 

6tll, 

(  Somerset, 

■<  Swanzey, 
(  Freetown, 

\ 

Guilford  Hathaway,  . 

Freetown. 

7th, 

Fall  River, 

1 

Abraham  G.  Hart,     . 
George  0.  Fairbanks, 
Edward  T.  Marvell,  . 

Fall  River. 
(( 

8th, 

Westport, 

Ezra  P.  Brownell, 

Westport. 

9th, 

Dartmouth, 

William  Barker,  Jr., . 

Dartmouth. 

10th, 

5  New  Bedford,  Wards  ) 
1      l,2and3,     .         .f 

Rodney  French, 
Samuel  S.  Paine, 

New  Bedford. 

11th, 

j  New  Bedford,  Wards  > 
1     4,  5  and  6,     .         .  ; 

John  A.  P.  Allen,*    . 
Elijah  H.  Chisholm,  . 

New  Bedford. 

12th, 

(  Fairhaven, 
(  Acushnet, 

1 

Walter  Spooner, 

Acushnet. 

COUNTY  OF  PLYMOUTH. 


1st, 
2d, 

3d, 

4th, 
5th, 


(  Cohasset,  . 
(  Scituate,  . 

^  Hingham, 
}  Hull, 

C  South  Scituate, 
■<  Hanover,  . 
( Hanson,    . 

(  Marshfield, 
■<  Pembroke, 
( Halifax,    . 

<^  Duxbury, . 
\  Kingston, 


Andrew  J.  Waterman, 
Charles  N.  Marsh,      . 

Levi  Z.  Thomas, 

Warren  Kent,    . 
Hambleton  E.  Smith, 


Scituate, 
Hingham. 

Hanson, 

Marshfield. 
Duxbury. 


*  Mr.  Allen  resigned  February  7th,  and  Mr.  Josiah  W.  Bonney  was  chosen  to  fill  the 
vacancy. 


HOUSE  OF  REPRESENTATIVES. 

COUNTY   OF   PLYMOUTH— Concluded. 


419 


District. 

Towns. 

Kame  of  Representative. 

Residence. 

6th, 

(  Plymouth, 
-|  Carver,     . 
(Plymjjton, 

1 

William  Bartlett, 
Thomas  B.  Griffith,    . 

Plymouth. 
Carver. 

7th, 

(  Wareham, 
1  Marion,    . 

1 

George  Sanford, 

Wareham. 

8th, 

( Mattapoisett,    . 
-|  Rochester, 
(  Lakeville, 

\ 

George  W.  Lobdell,  . 

Mattapoisett. 

9th, 

IMiddleborough, 

Henry  H.  Shaw, 

Middleboro'. 

10th, 

j  Bridgewater,    . 
(  West  Bridgewater, 

> 

Lloyd  Parsons,  . 

Bridgewater. 

11th, 

j  East  Bridgewater, 
\  North  Bridgewater, 

} 

Pliny  Edson, 
Joseph  C.  Lewis, 

E.  Brldew'r. 

N. 

12th, 

Abington, 

{ 

Albert  Chamberlin,    . 
Jonathan  Arnold,  Jr., 

Abington. 

11 

COUNTY  OF  BARNSTABLE. 


1st, 

2d, 
3d, 

4th, 


f  Barnstable,* 
J  Sandwich, 
I  Falmouth, 
l_  Yarmouth, 

( Dennis,  . 
■<  Harwich,  . 
(  Brewster, . 

(  Chatham, . 
\  Orleans,   . 

("Eastham,  . 
'  Wellfleet, 
j  Truro, 
[^Provincetown, 


Francis  A.  Nye, 
Henry  Goodspeed, 
Warren  Marchant, 


Shubael  B.  Kelly,      . 
Joseph  K.  Baker,  Jr., 


Thomas  Holway, 


Joseph  P.  Johnson, 
George  T.  Wyer, 


Falmouth. 

Barnstable. 

Sandwich. 


Harwich. 
Dennis. 


Chatham. 


Provincetown. 
Wellfleet. 


*Town  of  Mashpee  incorporated  May  28,  1S70,  embracing  the  territory  in  Barn- 
stable County  known  as  the  district  of  Marshpee.  Suffrage  rights  unchanged,  except 
for  municipal  purposes,  until  new  apportionment. 


420 


HOUSE  OF  REPRESENTATIVES. 
DUKES  COUNTY. 


District. 

Towns. 

Name  of  Representative. 

Besidence. 

One. 

fEdgartown,       •         ."] 
j  Tisbury,    .         .         .  ! 
I  Chilmark,*        .         .  < 
l^Gosnold,  .         .         .J 

John  W.  Mayhew,     . 

Chilmark. 

COUNTY  OF  NANTUCKET. 


One. 


Nantucket, 


Reuben  P.  Folger,     . 


Nantucket. 


WILLIAM  S.  ROBINSON,  Clerk. 


JOHN  MORISSEY,  Sergeanl-at-Anns. 
J.  A.  M.  CHAPMAN,  Chaplain. 


*  Town  of  Gay  Head  incorporated  April  30,  1870,  embracing  the  territory  in  Dukes 
County  known  as  the  district  of  Gay  Head.  Suifrage  rights  unchanged,  except  for 
niHnicipal  purposes,  until  new  apportionment. 


JUDICIAL    DEPARTMENT. 


SUPREME  JUDICIAL  COURT. 

CHIEF   JUSTICE. 

KEUBEN  A.   CHAPMAN,  of  Monson. 

ASSOCIATE    JUSTICES. 

HORACE   GRAY,  Jr.,  of  Boston. 
JOHN  WELLS,  of  Oiicopee. 
JAMES   D.   COLT,  of  Piitsfeld. 
SETH   AMES,  of  Boston. 
MARCUS  MORTON,  of  Andover. 


SUPERIOR    COURT. 

CHIEF   JUSTICE. 

LINCOLN  F.   BRIGHAM,   of  Salem. 

ASSOCIATE    JUSTICES. 

JULIUS   ROCKWELL,  of  Pittsfeld. 
OTIS  P.   LORD,  of  Salem. 
EZRA   WILKINSON,  of  Dedham. 
JOHN  P.   PUTNAM,  of  Boston. 
CHESTER  L   REED,   of  Taunton. 
CHARLES   DEVENS,  Jr.,  of  Worcester. 
HENRY   A.    SCUDDER,  of  Dorchester. 
FRANCIS   H.  DEWEY,  of  Worcester. 
ROBERT   C.   PITMAN,   of  New  Bedford. 


422 


JUDICIAL  DEPARTMENT. 


JUDGES  OF  PROBATE  AND  INSOLVENCY. 


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


.  Suffolk. 

.  Essex. 

.  Middlesex. 

.  Worcester. 

.  Hampshire. 

.  Hampden. 

.  Franklin. 

.  Berkshire. 

.  Norfolk. 

.  Plymouth. 

.  Bristol. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


REGISTERS  OF  PROBATE  AND 

WILLIAM   C.   BROWN,  Chelsea, 
ABNER  C.   GOODELL,  Salem,  . 
JOSEPH   H.  TYLER,  Cambridge, 
CHARLES   E.    STEVENS,  Worcester, 
LUKE   LYMAN,  Northampton,     . 
SAMUEL   B.    SPOONER,  Springfield, 
CHESTER   C.  CON  ANT,  Greenfield,  . 
ANDREW   J.   WATERMAN,  Lenox,  . 
JONATHAN   H.    COBB,  Dedham, 
DANIEL   E.   DAEMON,  Plymouth, 
WILLIAM  E.   FULLER,  Taunton,     . 
JONATHAN    HIGGINS,  Orleans, 
HEBRON   VINCENT,  Edgartown, 
SAMUEL    SWAIN,  Nantucket,     . 


INSOLVENCY. 

.  Suffolk. 

.  Essex. 

.  Middlesex. 

.  Worcester. 

.  Hampshire. 

.  Hampden. 

.  Franklin. 

.  Berkshire. 

.  Norfolk. 

.  Plymouth. 

.  Bristol. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


DISTRICT-ATTORNEYS. 

J.  WILDER  MAY,  Boston, Suffolk. 

ISAAC   S.   MORSE,  Cambridge,  ....  Northern. 

EDGAR  J.    SHERMAN,  Lawrence,      .         .         .  Eastern. 

ASA   FRENCH,  Braintree, South-Eastern. 

GEORGE   MARSTON,  Barnstable,      .        .        .  Southern. 

WILLIAM   W.    RICE,  Worcester,         .         .         .  Middle. 

EDWARD  B.   GILLETT,  Westfield,   .        .        .  Western. 

SAMUEL  T.  SPAULDING,  Northampton,  .        .  North -West'rn. 


JUDICIAL  DEPAETMENT. 


423 


SHERIFFS. 

JOHN  M.   CLARK,  Boston,  . 
HORATIO    G.    HERRICK,    Lawrence, 
CHARLES   KIMBALL,  Lowell,    . 
JOHN   S.  C.  KNOWLTON,  Worcester, 
HENRY   A.  LONGLEY,  Northampton, 
ADDISON  M.   BRADLEY,  Springfield, 
SOLOMON  C.   WELLS,  Montague, 
GRAHAM  A.  ROOT,  Sheffield,  . 
JOHN   W.  THOMAS,  Dedham,   . 
WILLIAM   S.   COBB,  New  Bedford, 
JAMES    BATES,    Plymouth, 
DAYID   BURSLEY,  Barnstable,  . 
SAMUEL   KENISTON,  Edgartown, 
JOSEPH  Mc CLEAVE,  Nantucket, 


.  Suffolk. 

.  Essex. 

.  Middlesex. 

.  Worcester. 

.  Hampshire. 

.  Hampdex. 

.  Franklin. 

.  Berkshire. 

.  Norfolk. 

.  Bristol. 

.  Plymouth. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


CLERKS  OF  COURTS. 

GEORGE   C.  WILDE,  Boston,  Sup,  Jud.  Court,  ] 

J.  A.  WILLARD,  Boston,  Superior  Ct,  Civil  T.,\ 
F.  H.  UNDERWOOD,  Boston,  Criminal  T.,  j 

ASAHEL   HUNTINGTON,  Salem,       . 
BENJAMIN   F.   HAM,  Winchester,      . 
JOSEPH  MASON,  Worcester,      . 
WILLIAM   P.    STRICKLAND,  Northampton, 
GEORGE   B.  MORRIS,  Springfield,    . 
EDWARD   E.   LYMAN,  Greenfield,     . 
HENRY   W.    TAFT,   Lenox, 
ERASTUS   WORTHINGTON,  Dedham, 
SBIEON  BORDEN,  Fall  River,  . 
WILLIAM   H.   WHITMAN,  Plymouth, 
JAMES   B.   CROCKER,  Yarmouth,      . 
RICHARD   L.    PEASE.  Edgartown,     . 
GEORGE   COBB,   Nantucket,       . 


Suffolk,  and  by  app't 
of  Justices,  for  Cosc- 

MOKWEALTH. 

Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Bristol. 

Plymouth 

Barnstable. 

Dukes. 

Nantucket. 


424  MEMBERS  OF  CONGRESS. 


MEMBERS  OF  THE  FORTY-FIRST  CONCxRESS. 


SENATOES. 

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

EEPEE  SENT  ATI  VE  S . 

District    L— JAMES  BUFFINGTON,  of  Fall  River. 
n.— OAKES   AMES,  of  Easton. 
m.— GINERY  TWICHELL,  of  BrooUim. 
IV.— SAIVIUEL  HOOPER,  of  Boston. 
v.— BENJAMIN  F.  BUTLER,  of  Gloucester. 
VL— NATHANIEL  P.   BANKS,  of  Waltham. 
VIL— GEORGE  M.   BROOKS,  of  Concord. 
VIIL— GEORGE  F.   HOAR,  of  Worcester. 
IX.— WILLIAM  B.  WASHBURN,  of  Greenfield. 
X.— HENRY  L.  DAWES,  of  Fittsfield. 


Commonrotaltl)  of  itta00acl)U0Ctt0, 


Secretaey's  Department,  Boston, 
July  12, 1870. 

I  hereby  certify  the  printed  Acts  and  Resolves  contained 
in  this  volume  to  be  true  copies  of  the  originals,  and  that 
the  accompanying  papers  and  other  matters  herewith  are 
transcripts  of  ofl&cial  records  and  returns  in  this  Depart- 
ment. 

OLIVER  WARNER, 

Secretary  of  the  Commonwealth. 
64 


INDEX. 


A. 

Accounts  of  Trustees,  relating  to,           .....  285 

Acting  Assistant  Clerks  of  Courts,  relating  to,             .            .            .  135 
Action,  choses  in,  sold  by  Bank,  charter  having  expired,        .            .  145 
Actions  in  favor  of  state,  upon  breach  of  recognizance  or  bond 
where  brought;  inuring  to  other  parties,  counsel  maybe  ap- 
pointed, .........  230 

Acushnet,  town  of,  may  hold  certain  railroad  stock,    .            .            .  305 
Adams,  police  court  of,  abolished,           .            .            .            .            .132 

Adams  Sugar  Retinery,  in  Boston,  incorporated,          .            .           .  191 

Adams,  "William,  payment  of  persons  employed  by,      .            .            .  337 

"  "        in  favor  of,  .  .  .  .  .  .339 

Address  of  Governor  to  Legislature,       .....  348 

Adjutant-General's  Report,  annual  edition  limited,       .            .            .  195 

Administrators,  bonds  of,  relating  to,     .            .            .           .            .  205 

"              oaths  of,  in  probate  proceedings,        ...  95 

"                  "       "  when  asking  leave  to  sell  real  estate,         .  196 

Advisory  Board  of  women  as  overseers  of  prisons,  established,        .  288 

Affidavits  of  merits,  and  appearances  in  actions  at  law,           .            .  52 

Aged  Men,  Home  for,  may  hold  additional  estate,        .            .            .  88 
Agency  at  Washington,  relating  to,         .            .            .            .            .81 

Agent,  Visiting,  of  Board  State  Charities,  duties,  etc.,            .            .  261 

Agricultural  College,  allowance  to,         ....            .  342 

Agricultural  Societies,  amount  they  may  receive  from  state,             .  188 
"  .                 "        board  of  agriculture  to  investigate,  respect- 
ing,       ...             ......  328 

Agricultural  Society,  Plymouth  Countj^  name  established,    .            .  185 

Albany  Street  Freight  Railway  Company,  may  reduce  capital,          .  26 

Alden,  Erastus  C,  and  Isabel  M.  Clapp,  marriage  legalized,   .            .  228 

Alien  Passengers,  act  of  18G5  repealed,  G.S.  71,  §§  16,17,18  reenacted,  143 

Almshouse,  State,  at  Monson,  in  favor;  purchase  of  land  for,            .  325 

"              •'      at  Tewksbury,  hospital  at,  not  to  be  erected,        .  44 

Almshouses,  State,  expenses  and  income  of,     .            .            .            .  296 

"               "      sentence  of  inmates  to  state  workhouse,             .  209 
Amendment  to  Constitution  of  Massachusetts,  proposed,       .            .  345 
American  College  and  Musical  Conservatory  for  the  Blind,  incorpo- 
rated,                ........  5 


u 


INDEX. 


Page 
92 
25 


92 
99 

54 
53 
83 
329 
52 


American  Mutual  Life  Insurance  Company  incorporated, 
"        AVatch  Company,  may  increase  capital, 
"        Water  Meter  Company,  incorporated, 
Amesbury  and  Salisbury,  towns  of,  united  as  Merrimac, 
Amherst,  town  of,  may  hold  certain  raili'oad  stock, 
Amherst  Branch  Railroad  Company,  capital,  location  of  road,  title 

"        Gas  Light  Company,  incorporated, 
Angel  Guardian,  House  of,  in  Boston,  in  favor, 
Appearances  and  affidavits  of  merits,  in  actions  at  law, 
Appropriations  : 

Maintenance  of  Government, — 
Supreme  Judicial,  Superior,  Probate  and  Insolvency,  Muni- 
cipal and  Police  Courts,  etc.,  and  District- Attorneys, 
Maintenance  of  Government,  additional, — 
Legislative,  Executive,    Secretary's,  Treasurer's,  and    Tax 
Commissioner's,    Auditor's,    Attorney-General's,    Agricul- 
tural, Educational  and  Military  Departments,  Commission- 
ers and  Board  of  State  Charities,  .... 

Mainte7iance  of  Government,  further  additional, — 
Legislative,  Executive  and  Agricultural  Departments,  State 
Printing,  Military,  State  House,  Contingent  and  Incidental 
Expenses,  and  Miscellaneous,    . 
Expenses  authorized  in  1869  and  previous  years ,  etc. :  Legisla- 
tive Department,  State  Printing  and  Miscellaneous, 
from  Funds  and  Incomes,  etc.,  viz. :  Charles  River  and  War- 
ren Bridge  Fund,  Rogers  Book,  Todd  Normal  School,  Indian 
School  and  Agricultural  College  incomes.  Commissioners 
and  State  Prison,  ...... 

for  Expenses  of  current  year,  viz. :  State  Almshouses,  Rains- 
ford  Island  Hospital,  State  Prison,  Reform,  Nautical  and 
Industrial  Schools,  .  .  .  .  .  . 

Charitable,  Reformatory  and  Correctional  and  Miscellaneous, 
for  Expenses  of  current  year,  ....    311,315,318 

from  Moiety  of  Income  of  School  Fund  applicable  to  educa- 
tional purposes :  Board  of  Education,  Normal  Schools  and 
pupils.  Teachers'  Institutes   and  Associations,  American 
Institute  and  Indian  Schools,     .... 

for  Charles  River  and  Warren  Bridges,  repairs. 
Legislature,  members  of,  compensation  and  mileage,    . 

"  chaplains,  doorkeepers,  messengers,  etc.,  com 

pensation,  ....... 

Massachusetts  Agency  at  Washington,  for  closing, 
Sergeant-at-arms,  compensation  of,         . 
Aqueduct  Company,  Springfield,  additional  to  act  incorporating 
Arms,  issue  of,  to  Boston  College,  .... 

"  "      to  Charlestown  High  School,    . 

"  "      to  Worcester  Co.  Eree  Institute  of  Industrial  Science, 


13 


57 


20 


207 


12, 123 

123 


48 

222 

3,90 

3,90 
81 
345 
91 
326 
324 
334 


INDEX. 


ill 


Arrest,  Imprisonment  and  Discharge,  proceedings  before  magis 
trates,    ...... 

Asbury  Grove  Railroad  Company,  incorporated, 

Ashland,  town  of,  may  hold  certain  railroad  stock, 

Assessors,  additional  returns  from,  required,    . 

Assistant  Clerks  of  certain  courts,  salaries  of,  . 

Assistant  Clerks  of  Courts,  acting,  relating  to, 

Associations  : 

Butchers'  Slaughtering  and  Melting,  in  Brighton,  incorpo 
rated,  ....... 

Hudson  Masonic  Building,  incorporated, 
Lynn  Mechanics'  Building,  incorporated. 
New  Bedford  Women's  Reform  and  Relief,  charter  amended 
Odd  Fellows'  Building,  in  Georgetown,  incoi'porated,  . 
Pocumtuck  Valley  Memorial,  in  Deerfield,  incorporated, 
Taunton  Female  Charitable,  certain  powers  granted  to, 
Union  Boat  Club,  of  Boston,  incorporated, 
"Worcester  Lyceum  and  Library,  charter  amended. 
Young  Men's  Christian,  of  Lynn,  incorporated,  . 

Asylum  for  the  Blind,  allowance  to,         . 

"       for  Discharged  Female  Prisoners,  in  aid, 

"       Massachusetts  Infant,  additional  to  act  incorporating, 

Athol  and  Enfield  Railroad,  location  of,  . 

Atlantic  Works,  may  increase  capital  and  real  estate, 

Attachment  of  personal  property,  relating  to,  . 

Attachment  of  stock  of  corporations  orgauized  under  U.  S.  laws. 

Attachments,  dissolution  of,  provided  for, 

Attachments  of  real  and  leasehold  estates,  recording  of, 

Attleborough  Branch  Railroad  Company,  incorporated. 

Attorney,  District,  of  Suflblk,  salary  :  appointment  of  assistant, 

Attorney-General  to  bring  suit  for  recovery  of  Hutchinson  Papers 

Auditor  of  Commonwealth,  salaiy  increased,    . 

Augustinian  Society,  of  Lawrence,  incorporated, 

B. 

Back  Bay  Lands,  proceeds  of  sales  transferred  to  War  Loan  Sink 
ing  Fund,  ....... 

Balch,  Francis  V.,  guardian,  may  execute  deed  to  Lucy  E.  Jewett, 
Banks : 

Boston  Penny  Savings,  may  hold  additional  estate, 

Braiuti'ee  Savings,  incorporated,  .... 

City  Five  Cents  Savings,  in  Haverhill,  incorporated,    . 

East  Bridgewater  Savings,  incorporated. 

Emigrant  Savings,  in  Boston,  incorporated, 

Framiugham,  charter  revived  for  conveyance  of  property, 

Fitchburg  Savings,  may  hold  real  estate, 

Franklin  Savings,  may  hold  real  estate,  . 

Groton  Savings,  time  for  organizing  extended, . 


Page 

57 
110 
218 

57 
247 
135 


282 

252 

260 

3 

197 

179 

128 

46 

44 

93 

337 

322 

90 

217 

13 

228 

211 

211 

189 

74 

264 

332 

295 

108 


323 

337 

102 
79 
93 
45 

183 
36 

135 
43 

232 


IT- 


INDEX. 


Page 

Banks— Concluded. 

Mechanics'  Savings,  of  Lowell,  may  hold  real  estate,   .           .  122 
Merchants'  of  Lowell,  charter  revived  for  conveyance  of  es- 
tate,            ........  27 

Newton,  charter  revived  for  conveyance  of  estate,        .            .  18 

North-End  Savings,  in  Boston,  incorporated,    ...  24 

Palmer  Savings,  incorpoi-ated,      .....  43 

Somerville  Savings,  incorporated,            ....  66 

South  Boston  Savings,  may  hold  additional  estate,       .            .  43 

Suffolk  Savings,  for  Seamen  and  others,  real  estate,     .            .  27 

Union  Institution  for  Savings,  in  Boston,  real  estate,  .            .  123 

Uxb ridge  Savings,  incorporated,  .....  231 

Wales  Savings,  incorporated,        .....  102 

Waltham  Savings,  may  hold  real  estate, ....  83 

Ware  Savings,  may  hold  real  estate,        ....  45 

Washington,  in  Boston,  charter  revived  for  conveyance  of 

estate,        ........  38 

Watertowu  Savings,  incorporated,           ....  123 

Banks,  choses  in  action  sold  by,  charter  having  expired,        .            .  145 

Banks,  Savings,  real  estate,  amount  which  they  may  hold,     .            .  172 

Baptist  Convention,  Massachusetts,  may  hold  additional  estate,       .  38 
Barnstable  and  Buzzard's  Bays,  ship  canal  between :  aid  from  U.  S. 

requested,         .  .  .  .  •  •  •  .31, 325 

Barre,  town  of,  may  hold  certain  railroad  stock,           ...  55 

Bass,  Black,  taking  of,  in  Lake  Cochituate  prohibited,            .            .  296 

Batchelder,  Cyrus  T.,  may  extend  wharf  in  Danvers, ...  78 

Bay  State  Mutual  Life  Insurance  Company,  incorporated,      .            .  107 

Benevolent  Fraternity  of  Churches  in  Boston,  organization  legalized,  3 

Benevolent  Society,  Lawrence  Irish,  incorporated,      ...  83 

Berkshire  County,  commissioners  may  change  location  of  bridge,    .  173 
"               "                   "               may  sell  land  and  ei*ect  county 

buildings,          ........  345 

Berkshire  Northern  District  Court,  established,           .           .            .  130 

"          Southern  District  Court,  established,           .           .            .  133 

Betterment  of  estates,  by  laying  out  of  Parks,  in  Boston,       .            .  201 

Betterment  of  estates  in  Worcester,  by  improving  of  streets,            .  108 

Birds  and  Birds'  Eggs,  for  preservation  of,       ,            .            .            .  224 

Birds  of  New  England,  Samuels' Report, purchase  and  distribution  of,  335 

Black  Bass,  taking  of,  in  Lake  Cochituate,  prohibited,            .            .  296 

Blind,  American  College  and  Musical  Conservatory  for,  incorporated,  5 

"    Massachusetts  Asylum  for,  allowance  to,            .            .           .  337 
Board  of  Agriculture,  secretary  to  obtain  information  respecting 

highways,            .......  338 

"     of  Education  to  have  management  of  certain  normal  schools,  77 
"     of  Health,  State,  to  report  number  of  minors  in  certain 

manufactories,        ....  334 

«              "             "       supervision  over  slaughtering  establish- 
ments,     ........  284 


INDEX. 


Pag« 

Board  of  overseers  of  Prisons,  female,  established,     .            .           .  288 

"      of  State  Charities,  visiting  agent,  duties,          .            .            •  261 

Board  at  state  lunatic  hospitals,  price  of,  .  .  .  .77 

Boarding-House  keepers  and  their  guests,  relating  to,           .           .  249 

Boardiug-Houses  for  Normal  Schools,  provided  for,    .            .            .  321 

Boat  Club  Association,  Union,  in  Boston,  incorporated,          .           .  46 

Bonds  of  Administrators,  relating  to,     .....  205 

"     of  Corporations,  rate  of  interest  limited,           .           .           .  213 

"      Eeplevin,  sureties  in,          ,            ....            .  228 

Boston,  city  of,  board  of  street  commissioners  established,  .            .  247 

"              "     part  of  Brookline  annexed  to,  .            .           .            .  290 

"              "      Dorchester  district  municipal  court  established,      .  245 
"              "     liability  for  maintenance  certain  bridges,       .            220, 222 

"              "      Municipal  Court,  special  justice,  etc.,  .            ,            .  243 

"              "      Public  Parks  in  or  near,  laying  out  of,            .            .  199 

"              "      streets  in  12th  and  16th  vpards,  laying  out  of,            .  61 

"              "      United  States  may  purchase  additional  land  in,        .  240 

"              "      wooden  buildings  in  16th  ward,  erection  of,  .            .  81 

"              "      and  town  of  West  Roxbury,  line  between  changed,  .  95 
"              "            "           "            "                 may     improve      Stony 

Brook,   .........  147 

Boston  and  Albany  RaUroad,  extension  to  deep  water  at  South 

Boston,  .     '       ,            ,            .            .            .            .            .            .  286 

Boston  and  Albany  Railroad,  Metropolitan  may  cross,  in  Brookline,  139 
Boston  and  Albany  Railroad  Company,  may  use  or  purchase  Grafton 

and  Millbury  road,       .......  192 

Boston  and  Albany  Railroad  Company,  may  use  Southbridge  and 

Palmer  road,     ........  309 

Boston,  Barre  and  Gardner  Railroad  Company,  may  re-locate  road,  52 

Boston  and  Chelsea  Railroad  Company,  concerning,    .            .            .  237 

Boston,  Clinton  and  Fitchburg  Railroad  Company,  concerning,        .  80 

"  "  "  "  "         may     lease     or 

unite  with  Mansfield  and  Framingham  road,  .        .  .  .66 

Boston  College,  issue  of  arms  to,             .....  326 

Boston  Dental  College,  charter  amended,          ....  25 

Boston,  Hartford  and  Erie  Railroad  Co.,  may  use  ShaWmut  road,     .  303 
"              "               "               "         "    may  use  Southbridge  and 

Palmer  road,     ........  309 

Boston  and  Lowell  Railroad  Company,  bridges,  terminal  facilities  in 

Boston, .........  219 

Boston  and  Lowell  Railroad  Company,  may  build  branch  to  Mystic 

River  road,  etc.,  .  .  .  .  .  .  .11 

Boston  and  Lowell  Railroad  Company,  may  build  branch  to  Lexing- 
ton and  Arliogton  road,          ......  297 

Boston  and  Lowell  Railroad,  may  purchase  Stoneham  Branch  road.  111 
Boston  and  Maine  Railroad  Company,  bridges,  terminal  facilities  in 

Boston, .........  219 


Tl 


INDEX. 


Boston  and  Maine  Railroad  Company,  location  in  N.  Audover  and 
Bradford,  ........ 

Boston  and  Maine  Railroad  Company,  right  of  trains  at  proposed 
crossing,  ...... 

Boston  North  End  Mission,  incorporated, 

Boston  Numismatic  Society,  incorporated, 

Boston  Penny  Savings  Bank,  may  hold  additional  estate, 

Boston  and  Providence  Railroad  Company,  concerning, 

Boston  Water  Power  Company,  may  inci'ease  real  estate, 

Boundary  line  between  Boston  and  Brookline,  changed, 

"  "    between  Boston  and  West  Roxbury,  changed, 

"  "    between  Lynnfleld  and  Wakefield,  defined, 

"  "    between  Princeton  and  Westminster,  changed 

Bounties,  certain  soldiers',  city  of  Haverhill  may  pay, 
Bounty  Sinking  Fund,  relating  to,  .  .  . 

Bradford,  town  of,  location  of  Boston  and  Maine  Railroad  in 
Brady,  Bridget,  allowed  state  aid, 
Braintree  Savings  Bank,  incorporated,  . 
Bread,  sale  of,  G.  S.  ch.  49,  §  8  amended. 


Page 
306 

11 

89 

76 

102 

74 

202 

290 

95 

98 

128 

98 

70 

306 

330 

79 

302 

291 

222,  306 

237 

175 

220, 306 


Brick  or  stone  as  material  for  buildings,  towns  may  prescribe, 
Bridge,  Charles  River,  maintenance  and  repair  of,  draw  in, 
"        Chelsea,  jurisdiction  over, 
"        Chicopee,  to  be  made  free, 

"       Cragie,  and  the  West  Boston,  maintenance  of  draws  in, 
"       over  Connecticut  River  between  Holyoke  and  South  Had- 

ley  to  be  built, 118,  198,  295 

"       Dartmouth,  to  be  made  free,       .....        148 

"       Florida,  over  Deerfleld  River,  change  of  location,      .  .        173 

"        over  Green  Harbor  River  in  Marshfield,  construction  au- 
thorized, .......  25 

"        Haverhill,  concerning  travel  on,  ....        137 

Hicks',  over  Westport  River,  to  be  public  highway,  .  118,  247 

'       over  Merrimac  River,  between  Groveland  and  Haverhill,  to 

be  built, ........        147 

'        Prison  Point,  over  Miller's  River,  widening  of  draw,  219,  306 

"        in  Tisbury,  county  commissionei's  may  build, ...  47 

"        Warren,  maintenance  and  repair  of,  di'aw  in,  .  .  222,  306 

"        West  Boston,  maintenance  of  draws  in,  .  .  220,  306 

Bridge  Company,  Cabot  and  West  Springfield,  provisions  afiiecting,        176 
"  "        Connecticut  River,  concerning,         .  .  258, 259 


"  "        Turner's  Falls,  incorporated, 

Bridge  guards,  railroad,  act  1869  concerning,  amended. 
Bridges,  Hingham  and  Quincy,  commissioners  on;   appointment 
duties,   .  .  .  .  .  .  .        ■    . 

Bridges,  Railroad,  act  1869  concerning,  amended, 

"  «'        over  Charles  and  Miller's  Rivers,  draws  in, 

Brigham,  Caroline,  allowed  state  aid,      .... 
Brimfield,  town  of,  may  hold  certain  railroad  stock,    . 


257 
196 

190 
196 
219,  306 
323 
309 


INDEX. 


Vll 


Page 
Bristol,  County  Commissioners  of,  may  lay  out  Hicks'  Bridge  as 

highway, 118,  247 

290 
291 
252 
260 
197 
226 
230 
81 
226 
334 
341 


Brookliue,  part  of,  annexed  to  Boston,  .... 
Building  with  stone  or  brick  in  populous  towns,  relating  to. 
Building  Association,  Hudson  Masonic,  incorporated, 

"  "  Lynn  Mechanics',  incorporated, 

"  "  Odd  Fellows',  in  Georgetown,  incorporated 

Buildings,  in  fire  limits  of  cities,  erection  of,    . 

"  moving  of,  in  public  streets,  when  allowed, 

Buildings,  Wooden,  in  16th  ward,  Boston,  erection  regulated, 
Buildings  for  Hospitals,  erection  and  use  of,     . 
Bureau,  Soldiers'  Employment,  in  favor, 
Bureau  of  Statistics  of  Labor,  employment  of  assistants, 
Burnham,  Caroline  C,  and  others,  transfer  to,  of  estate  Caroline 

Plummer,  ....... 

Burying  Grounds,  public,  preservation  of,         . 

Butchers'  Slaughtering  and  Melting  Association,  incorporated, 

Buzzai'd's  Bay,  Fisheries  in  head  waters  of,  to  protect. 

Buzzard's  and  Barnstable  Bays,  ship  canal  between ;  aid  from  U.  S 

requested,         ....... 


333 
171 
282 
184 

31, 325 


c. 

Cabot  and  West  Springfield  Bridge  Company,  provisions  aflTecting, 
Cambridge,  city  of,  liability  for  maintenance  certain  bridges, 

"  "      treasurer  to  be  collector  of  taxes, . 

Cambridge  and  Charlestown  to  widen  draw  in  Prison  Point  Bridge, 
Cambridge  Eailway  Company,  liability  for  repair  of  bridge,  . 
Canal  Company,  Cape  Cod  Ship,  incorporated ;  aid  from  U.  S.  re 

quested,  ....... 

Cape  Cod  Mutual  Fire  Insurance  Company,  charter  revived, . 
Cape  Cod  Railroad  Company,  concerning, 

"  "  "  may  purchase  Plymouth  and  Vineyard 

Sound  road,      ....... 

Cape  Cod  Ship  Canal  Company,  incorporated;  aid  from  U.  S.  re 

quested,  ....... 

Capital  Stock  of  corporations,  relating  to  increase  of, 

Cashier  in  treasury  department,  salary  established,     . 

Catholic  Temperance  Society,  of  Salem,  Young  Men's,  incorporated, 

Caughnawaga  Ship  Canal  Co.,  Fitchburg  E.  R.  Co.  may  hold  stock  in. 

Change  of  Names  of  Persons,      ...... 

Chaplain  of  State  Prison,  duties  and  salary  of,  .  .  . 

Chaplains  of  Legislature,  compensation  of,       . 
Charitable  Association,  St.  Francis  de  Sales,  Society  of  Charlestown, 
incorporated,  .  .  .  . 

"  "  Taunton  Female,  certain  powers  granted  to. 

Charitable  Eye  and  Ear  Infirmary,  in  aid,  .... 

Charlemont  and  Florida,  Bridge  between,  change  of  location. 


Charles  River  Bridge,  maintenance  of;  draws  in, 


176 
220 
172 

219, 306 
221 

31,  325 

102 

33 

294 

31, 325 
117 
231 
94 
251 
390 
182 
343 

129 
128 
328 
173 
222,  306 


55 


VIU 


INDEX. 


Page 
Charles  River,  Railroad  Bridges  over,  dravFS  to  be  widened,  219,  30() 

"  "       West  Boston  and  Cragie  bridges  over,  maintenance,        220 

Chariestown,  city  of,  maintenance   of  Charles  River  and  Warren 

Bridges,.  .....        222 


"  "       supply  of  water  for,  additional  act, 

Chariestown  and  Cambridge  to  widen  draw  in  Prison  Point  Bridge 
Chariestown  High  School,  issue  of  arms  to, 
Chelsea,  city  of,  concerning  sidewalks  in, 

"  "      jurisdiction  over  Salem  turnpike  and  bridge 

Chicopee  Bridge,  to  be  made  free. 

Child,  Daniel  F.,  and  others  may  build  wharves  in  Boston 
Children,  Destitute,  for  protection  of,    . 

"         Friendless,  Springfield  Home  for,  estate  of, 
"  "  "  "        in  favor  of, 

"         indentured  by  state  institutions,  duties  of  visiting  agent, 
"         New  England  Hospital  for,  in  favor, . 
Chose  in  action  sold  by  Bank  whose  charter  has  expired, 
Christian  Association,  Young  Men's,  of  Lynn,  incorporated, 
Christian  Knowledge,  Mass.  Society  for  promotion  of,  funds. 
Church,  Methodist  Episcopal,  at  Graniteville,  organization  legalized 
Church  and  Parish,  Saint  Paul's,  in  Maiden,  concerning. 
Churches,  Benevolent  Fraternity  of,  in  Boston,  organization  legal 
ized,       ........ 

Churchill,  J.  C,  deed  to,  confirmed,         .... 

Cities,  buildings  within  fire  limits  of,  erection. 

Cities  and  Towns,  additional  returns  required  from  assessors, 

"  "        may  purchase  water-rights. 

Cities  and  Towns  voting  aid  to  railroads  to  certify  to  Secretary 
etc.,        ........ 

City  of  Boston,  board  of  street  commissioners  established,  . 
"  "        part  of  Brookline  annexed  to, 

"     Cambridge,  treasurer  to  be  collector  of  taxes, 
"     Lowell,  charter  amended,  .... 

City  Five  Cents  Savings  Bank,  Haverhill,  incorporated, 
Civil  Government,  list  of  state,  district  and  county  officers, . 
Civil  Process,  service  of,  by  constables, 

Clam  Fishery  in  Plymouth,  Kingston,  and  Duxbury,  regulated, 
Clapp,  Isabel  M.,  divorced  from  Stephen  R.,  marriage  with  Erastus 
C.  Alden  legalized,      ...... 

Clerical  assistance,  governor  may  employ,        ... 
Clerks  of  cities  and  towns,  duty  of,  when  aid  is  voted  to  railroads 
"      of  courts,  acting  assistant,  relating  to,  . 
"      of  certain  courts,  assistant,  salaries  of, . 
"      of  Legislature,  compensation  of. 
Club,  Milford  Farmers',  incorporated,     . 
Coal,  sale  and  weighing  of,  ...  . 

Cochituate  Lake,  taking  of  Black  Bass  pi'ohibited, 
Cogswell,  John  H.,  may  extend  wharves  in  Ipswich,  . 


143 
219,  306 
324 
187 
237 
175 

47 
67,  289 
256 
323 
261 
324 
145 

93 
115 
179 

89 

3 
384 

226 

57 
68 

48 
247 
290 
172 

96 

93 
403 

97 
126 

228 
322 
48 
135 
247 
343 
114 
186 
296 
140 


INDEX.  ix 

Page 
Cole,  Charles  H.,  and  others,  transfer  of  estate  Caroline  Plummer  to,  333 
College,  American,  and  Musical  Conservatory  for  the  Blind,  incor- 
porated,            .           .            .            .            .           .            .            .  5 

College,  Boston,  issue  of  arms  to,           ....           .  326 

"        Boston  Dental,  charter  amended,         ....  25 

"        Massachusetts  Agricultural,  allowance  to,      .            .            .  342 
Columbus  Avenue   Congregational   Society,  Boston,  name   estab- 
lished,   ,            .            .            .            .            .            .            ,            ,11 

Commissioner  of  Savings  Banks,  salarj^  established,  .  .  .182 

Commissioner,  Tax,  certain  returns  to,  required  from  corporations,  94 

Commissioners,  County,  powers  in  making  highways,            .           .  188 

"                    "        to  erect  true  meridian  lines,            .            .  205 

"  "        of  Berkshire   and  Franklin,  may  change 

location  of  Florida  Bridge,            .            .  173 
"                    "        of  Berkshire,  may    sell    land    and    erect 

county  buildings,     ....  345 

"  "        of  Bristol,  may  lay  out  Hicks'  Bridge  as 

highway,        ....  118,  247 

"                    "        of  Dukes,  may  build  bridge  in  Tisbury,      .  47 

"                    "                  "        to  construct  road  in  Gay  Head,  141 
"                    "        of  Essex,  may  build  bridge  over  Merrimac 

River,            .....  147 

"  "        of  Hampden,  may  borrow  money  and  take 

land  for  court  house,          .            .            .  Ill 
"                    "        of  Hampden  and  Hampshire  may  lay  out 

free  bridge  over  Connecticut  River,  118,  198,  295 
"                    "        of  Plymouth  may  build  bridge   in  Marsh- 
field,  ......  25 

Commissioners  on  Hingham  and  Quincy  Turnpike   and  Bridges, 

duties,.            ......  190 

"               to  provide  for  care  of  disabled  soldiers,  appoint- 
ment,   .......  335 

"               of  Prisons,  appointment,  duties,         .            .            ,  2;6 

"               on  public  parks  in  Boston,  appointment,  duties,      .  199 
"               Railroad,  to  make  certain  inquiries  respecting  rail- 
roads,          ....            336,  343 

"  "        and  returns  to,  concerning,  .  .  226,  296 

"               of  Streets  in  Boston,  board  established,       .            .  247 
Commonwealth,  actions  in  favor,  upon  breach  of  recognizance  or 
bond,  where  brought;   inuring  to  other  parties, 

counsel  may  be  appointed,    ....  230 

Commonwealth,  deeds  to,  treasurer  to  have  custody,  .            .            .  243 

"               claims,  against  certain  i-ailroads  to  be  paid,  .            .  327 

"                   "            "       Troy  and  Boston  Railroad  to  be  paid,  338 

Commonwealth  Insurance  Compan}-,  of  Boston,  incorporated,          .  88 

Conditional  Sales  of  personal  property,  concerning,    .            .            .  189 

Congregational  Publishing  Society  of  Boston,  name  established,     .  194 

Congregational  Society,  Essex  Street,  Boston,  name  changed,          .  11 


INDEX. 


Page 
Congregational   Saciety,   Sixth,  of  Springfield,  name   changed  to 

Third  Congregational  Society,  of  Chicopee,  .  .  .115 

Congress,  list  of  Mass.  members,  .....        424 

Connecticut  Rivei%  highway  and  bridge  across,  between  Holyoke 

and  South  Hadley,  .  .  .     118,  198,  295 

"  «        Shad  in,  time  for  taking,    .  .  .  .286 

Connecticut  River  Bridge  Company,  concerning,  .  .  258,  259 

"  "      Railroad  Company,  relating  to,       .  .  .        198 

Conservatory,  Musical,  for  the  Blind,  incorporated,    . 

"  of  Music,  New  England,  incorporated, . 

Constables,  fees  of,  for  attending  coroner's  jury, 

"  service  of  civil  process  by,   . 

Constitution,  proposed  amendment  to,   , 

Contracts  of  sale  of  personal  property,  conditional,  concerning, 
Convicts,  sentences  of,  for  five  years,  where  executed. 
Corporations,  bonds  of,  rate  of  interest  limited, 

"  certain,  returns  to  tax  commissioner,    . 

"  increase  of  capital  stock  of,  relating  to, 

"  Manufacturing,  and  other,  relating  to,   . 

Corporations  owning,  etc.,  houses  of  public  worship,  §  28,  ch.  30 
G.  S.  amended,    ...... 

"  organized  under  U.  S.  laws,  attachment  of  stock. 

Cotton  Manufacturing  Company,  Southworth,  incorporated, 
Council,  Executive,  compensation  of,      . 
County  Commissioners,  powers  of,  in  making  highways, 

"  "  to  erect  true  meridian  lines,  . 

County  Commissioners  of  Berkshire  and  Franklin  may  change  loca- 
tion of  Florida  Bridge, 
«  "  "  may  sell  land  and  erect  county 

buildings,       ..... 

'«  "  of  Bristol  may  lay  out  Hicks'  Bridge  as 

higliway,        .  .  .  .  118,  247 


5 

76 
252 

97 
345 
189 
137 
213 

94 
117 
154,  256 

52 
211 
250 
343 
188 
205 

173 

345 


County  Taxes  granted, 


of  Dukes  may  build  bridge  in  Tisbury,         .  47 

"      to  construct  road  in  Gay  Head,     .        141 

of  Essex  may  lay  out  highway  and  build 

bridge  over  Merrimac  River, 
of  Hampden  may  borrow  money  for  court 
house,  etc., 
"  and  Hampshire  may  lay  out 

free  bridge  across  Connecticut  River,  118, 198, 295 
of  Plymouth  may  build  bridge  in  Marshfield,  25 

328 


147 


111 


Court,  District,  of  Northern  Berkshire,  established,    . 
"  "        of  Southern  Berkshire,  established,    . 

"     Municipal,  of  Boston,  special  justice,  etc., 
"  "  of  Dorchester  Dist.,  Boston,  established, 

"     Police,  of  Adams,  abolished, 
"     Police,  of  Haverhill,  when  held  for  civil  business, 


130 
133 
243 
245 
132 
62 


INDEX. 


XI 


Court,  Superior,  for  Essex  County,  October  term  changed, 
"  "         order  of  criminal  trials  in,        . 

"  "         stenographic  reports  of  evidence  in  Suftblk  County, 

"     Supreme  Judicial,  law  and  jury  terra  at  Salem, 
"  "  "         Reports  of  decisions,  distribution, 

"  "  "         may  issue  injunction  in  vacation, 

Court  House  in  Springfield,  county  commissioners   may  borrow 
money  for,         ....... 

Courts,  acting  assistant  clerks  of,  relating  to,  . 

"       in  certain  counties,  salaries  of  assistant  clerks, 
"       Probate,  business  of,  may  be  transacted  out  of  court,  when 
"  "        in  Norfolk  County,  times  and  places  of  holding, 

"  "        in  Plymouth  County,  place  of  holding, 

Cragie  Bridge,  over  Charles  River,  draws  in ;  maintenance, 

Criminal  Statistics,  publication  of, 

Criminal  Trials,  order  of,  in  Superior  Court, 

Criminals,  sentences  for  Ave  years,  where  executed, 

Crocker  Paper  Company,  incorporated, . 

Cultivation  of  Fishes,  allowance  for, 

D. 

Dana,  James,  certain  deed  to,  confirmed, 

Daniels,  Lucretia  W.,  in  favor,      ..... 

Dai'tmouth  Bridge  made  free,       ..... 

Day,  Abraham,  and  others,  may  build  railroad  in  Rockport,   . 
Debtors,  Poor,  ai'rest,  imprisonment  and  discharge,  proceedings  be 
fore  magistrate,  ...... 

Deceased  persons,  unclaimed  personal  estate  of,  distribution, 
Deeds  to  Commonwealth,  treasurer  to  have  custody,  . 
Deer,  for  preservation  of,  ..... 

Deerfield,  town  of,  supply  of  water  for,  .... 

Deerfield  River,  location  of  Florida  Bridge  over,  changed,    . 

Dental  College,  Boston,  charter  amended, 

Deposit  and  Trust  Company,  Worcester,  charter  amended,    . 

Depots  in  Millbury,  P.  and  W.  Railroad  Company  may  re-locate, 

Destitute  Children,  for  protection  of,      . 

Dike  in  Salisbury  for  protection  of  meadows,  authorized, 

Dimock,  Lyman,  in  favor, ...... 

Disabled  Soldiers,  commissioners  to  make  provision  for  care  of, 

"  "  and  their  families,  temporary  relief  of, 

Disabled  Soldiers'  Employment  Bureau,  in  favor. 
Discharged  Female  Prisoners,  temporary  asylum  for,  in  favor. 
Discharges  from  Arrest,  proceedings  before  magistrate, 
Discharges  of  Mortgages,  relating  to,    . 
Dissolution  of  Attachments  provided  for, 
District  Attorney  of  Suffolk,  salary;  appointment  of  assistant, 
District  Court  of  Northern  Berkshire  established, 
"  "     of  Southern  Berkshire  established. 


220 


Page 
231 
210 
229 
256 
325 


111 

135 

247 

195 

126 

36 

,  306 

195 

210 

137 

64 

332 


334 
330 
148 

259 

57 

290 

243 

224 

150 

173 

25 

23 

87 

67, 289 

24 

324 

335 

339 

334 

322 

57 

113 

211 

264 

130 

133 


xu 


INDEX. 


Page 

District  of  Mai'shpee  incorporated  as  a  town ;  schools  in,  in  favor,  213,  332 

District  System,  Scliool,  towns  may  re-establisli,         .            .            .  127 
Districts  for  maintenance  street  lamps,  libraries,  sidewalks  and 

police,  establishment  authorized,     .....  244 

Division  of  Flats,  relating  to,      .....           .  253 

Divorce,  in  relation  to,      ......           .  307 

Documents,  cei'tain  public,  printing  of,  .            .            .            .           .  195 

Dodge,  Kichard  T.,  may  extend  wharves  in  Ipswich,  .            .           .  140 

Doherty,  John  F.,  allowed  state  aid,       .            .            .            .            .  344 

Donnovan,  Mary,  allowed  state  aid,        .....  326 

Doorkeepers  of  Legislature,  compensation  of, .            .            .           .  343 

Dorchester  District  Municipal  Court,  in  Boston,  established,            .  245 

Dorchester  Gas  Light  Company,  may  increase  capital,            .            .  C6 

Dougherty,  Peter  and  James,  allowed  state  aid,            .            .           .  344 

Drainage  in  Maiden  and  Melrose,  additional  act  for,    .            .            .  172 

Drawing  to  be  taught  in  the  Public  Schools,     ....  183 

Dry  Dock  Company,  East  Boston,  may  extend  wharf,            .            .  175 

Duck,  Wood,  Black,  and  Teal,  for  preservation  of,       .            .           .  224 

Dukes  County,  Commissioners  of  may  build  bridge  in  Tisbury,        .  47 

"            "                                   "     to  construct  road  in  Gay  Head,    .  141 

"            "       Ponds  in,  leasing  of  for  fish  cultivation,          .           .  264 

Dunbar,  Thomas  J.,  may  build  wharf  in  Weymouth,  ...  74 

Duxbury,  Clam  Fishery  in,  regulated,     .....  126 

Duxbury  and  Cohasset  Kailroad  Company,  concerning,          .            .  40 

Dwelliug-Houses  for  officers  of  state  prison,  completion  of,            .  322 

Dwight  Manufacturing  Company  may  increase  capital,           .          . .  37 

E. 

Earl,  Andrew  R.,  allowed  state  aid,         .....  336 

East  Boston  Dry  Dock  Company  may  extend  wharf,  .           .            .  175 

East  Boston  Land  Improvement  Company,  incorporated,       .            .  65 

East  Bridgewater  Savings  Bank,  incorporated,            ...  45 

East  Walpole  Branch  Railroad,  time  for  locating  and  constructing,  39 

Eastern  Railroad  Company,  bridges ;  terminal  facilities  in  Boston,  219 
«             «'                 "          claims  of  state  against,  payment  to  be 

enforced, .....  327 

«             "                 "          concerning,            ....  110 

«             "                 "          may  build  branch  road,  etc.,        .            .  86 

«             "                 "          right  of  trains  at  proposed  crossing,     .  11 

Election  of  superintendents  of  schools,  towns  may  unite  in,            .  121 

Election  of  town  officers  in  HoUiston  legalized,           ...  81 

Elections  in  New  Bedford,  municipal,  time  of  holding,           .            .  231 

Ellis,  Wm.  G.,  and  others,  guardian  of  may  sell  certain  estate,          .  339 

Emigrant  Savings  Bank  in  Boston,  incorporated,         .            .           .  183 

Employment  Bureau,  disabled  soldiers',  in  favor,         .            .            .  334 

Essex,  town  of,  may  aid  in  construction  of  a  railroad,            .            .  86 

Essex  Branch  Railroad  Company,  charter,  when  to  become  void,    .  87 


INDEX.  xiii 

Page 
Essex  County,  commissioners  of,  may  lay  out  highway  and  build 

bridge  over  Merrimack  River,           .           .            .  147 

"            "         Superior  Court  for,  October  term  changed,    .            .  231 

"           "         S.  J.  Court  for,  law  and  jury  terra,       .            .           .  256 

Essex  Institute,  charter  amended,           .....  19 

Essex  Street  Congregational  Society,  Boston,  name  changed,           .  11 
Estates,  personal,  of  deceased  persons,  distribution  of  unclaimed 

portions,            .......  290 

"       real  and  leasehold,  recording  of  attachments  of,        .            .  189 

Everett,  town  of,  incorporated,    ......  50 

Evidence,  stenographic  report  may  be  taken  in  Suffolk  County,        .  229 

Exchange  Insurance  Company,  of  Lynn,  incorporated,           .            .  62 

Executive  Depai'tment,  fund  for  expenses  of,  authorized,       .           .  185 

Executors,  oaths  of,  in  probate  proceedings,     ....  95 

"                   "      when  asking  leave  to  sell  real  estate,      .            .  196 

Exeter  and  Salisbury  Railway  Company,  may  lease  road,       .            .  54: 
"             "                        "               "          town    of    Salisbury    may 
hold  stock  of,   .            .            .            .            .            .           .           .210 

Eye  and  Ear  Infirmary,  Massachusetts  Charitable,  in  aid,       .            .  328 

F. 

Eairhaven,  town  of,  may  hold  certain  railroad  stock,    .            .            .  305 

Fall  River  Manufacturers'  Mutual  Insurance  Company,  incorporated,  18 

Families  of  Soldiers,  State  aid  to,  continued,     ....  249 

"                   "             "         "       special  allowances, .            .           .  298 

«                   "         temporary  relief  of,           ...            .  339 

Farmers'Club,  Milford,  incorporated,     .....  114 

Fees  of  Constables  for  attending  coroner's  jury,           .            .            .  252 

"     of  Witnesses,  certain,  established,  .            ....  97 

"                 "           regulation  of,             .....  239 

Female  Charitable  Association,  Taunton,  certain  powers  granted,    .  128 

"       Prisoners,  discharged,  temporary  asylum  for,  in  favor  of,     .  322 

"       Reform  and  Relief  Association,  New  Bedford,  name, .            .  3 

"        Seminary,  "Wellesley,  in  Needham,  incorporated,        .            .  64 

Fence  Viewers,  act  1863  relating  to,  amended,  ....  292 

Fine  Arts,  Museum  of,  trustees  incorporated,    ....  4 

Fines  and  forfeitures,  prosecutions  for,  in  cities,          .            .            .  172 
"                   "                       "              "    in    name    of    State,    where 
brought :  when  inuring  to  other  parties  counsel  may  be  ap- 
pointed,             ........  230 

Fire  Departments,  appointment  of  hosemen,  act  of  1869  amended,    .  26 

Fires,  for  prevention  of,  by  building  with  stone  or  brick,       .            .  291 

First  Unitarian  Parish  in  Natick,  name  established,     .            .            .  175 

Fish,  Black  Bass,  not  to  be  taken  in  Lake  Cochituate, .            .            .  296 

"     cultivation  of,  leasing  of  ponds  in  Dukes  County,           .            .  264 

"               "              allowance  for,           .            .            .            ...  332 

Fisheries  in  head  waters  of  Buzzard's  Bay,  protection  of,       .            .  184 

"         in  vicinity  of  Nantucket,  to  protect,  ....  204 


XIV 


INDEX. 


Page 

126 

35 

286 

,  252 

70 

185 

182 
251 
219 
135 
70 
93 
113 
253 
173 
181 
172 


Fishery,  Clam,  in  Plymouth,  Kingston  and  Duxbury,  regxilaied, 
"        Herring,  in  Monument  River  and  Herring  Pond,  concerning 
"        Shad,  in  Connecticut  River,  concerning, 
"         Shell,  in  Wellfleet,  concerning, ....  121 

Fitchburg,  town  of,  supply  of  vrater  for, 
Fitchburg  Railroad  Company,  allowance  to,  etc., 

"  «  "  may  construct  branch  and  increase 

capital,  etc.,    . 
«  "  "  may  hold  ship  canal  stock, 

"  «  "  terminal  facilities  in  Boston ;  bridges 

Fitchburg  Savings  Bank,  may  hold  real  estate, . 

"  "Water  Company,  incorporated. 

Five  Cents  Savings  Bank,  City,  in  Haverhill,  incorporated,    . 
Fixtures  annexed  to  freehold  by  tenant  for  life  of  land,  removal. 
Flats,  division  of,  relating  to,        . 

Florida  Bridge  over  Deerfleld  River,  change  of  location. 
Forfeiture  of  articles  seized  on  search  warrants,  proceedings. 
Forfeitures  and  flues,  prosecutions  for,  in  cities, 

"  "  "  "     in    name    of    State,    where 

brought ;   when  inuring  to  other  parties   counsel  may  be  ap- 
pointed, ........        230 

Forts  Andrew  and  Standish  ceded  to  U.  S.,  plan,  when  to  be  filed,    .        303 
Foundry  and  Machine  Shop,  Salem,  incorporated,        ...  92 

Framingham  Bank,  charter  revived  for  conveyance  of  property,        .  36 

Framingham  and  Lowell  Railroad  Company,  incorporated,     .  .  80 

'<  "  "  "  may  issue  bonds;  towns 

may  hold  stock  of,     .        180 

"  "  "  "  concerning,        .  .        183 

Franconia  Iron  and  Steel  Company,  may  build  wharf  in  "Wareham,  .  39 

Franklin,  County  Commissioners  of,  may  change  location  of  Bridge,        173 

"        town  of,  part  incorporated  into  Norfolk,        ...  28 

Franklin  Savings  Bank,  in  Boston,  may  hold  real  estate,         .  .  43 

Fraternity  of  Churches  in  Boston,  Benevolent,  concerning,    .  .  3 

Free  Institute  of  Industrial  Science,  Worcester  County,  estate,  etc.,  38 

K  "  «  «'  "  "        issue       of 

arms  to,  ........        334 

Freeman,  Richard  R.,  and  others,  may  build  wharf  in  Wellfleet,         .  73 

Freight  Railway  Company,  Albany  Street,  may  reduce  capital,  .  26 

"  "  "  South  Boston,  charter  revived,     .  .        186 

"  «  "  Weymouth  Branch,  incorporated,  .  40 

Fund,  Bounty  Sinking,  relating  to,  .  .  .  .  .70 

"      for  expenses  of  Executive  Department,  authorized,      .  .        185 

«      Indian  School,  distribution  of,       .  .  .  .  .        255 

"      Massachusetts  School,  distribution  of  income  provided  for,     .       .   39 
"      War  Loan  Sinking,  P00,000  transferred  to,         .  .  .        323 


G. 


Gas  Light  Companies,  relating  to, 


167,  256 


INDEX. 


XV 


Gas  Light  Company,  Amherst,  incorporated,     . 

"  "  Dorchester,  may  increase  capital, 

"  "  Springfield,  may  increase  capital  and  estate, 

Gay  Head,  town  of,  incorporated,  .... 

"  "      in  favor  Schools  of,  ... 

Glass  Insurance  Company,  National,  incorporated, 
Gloucester  Fire  Insurance  Company,  may  take  marine  risks, 
Good  Shepherd,  House  of,  in  Boston,  in  favor, 
Goodspeed,  Oliver,  in  favor, -as  state  aid, 
Gould,  Louisa,  in  favor,     ...... 

Governor,  Address  of,  to  Legislature,     .... 

Governor,  may  employ  clerical  assistance, 

Grace  Church  and  St.  Paul's  Church  in  Maiden,  united, 

Grafton  and  Millbury  Railroad  Company  incorporated ;  towns  may 

hold  stock,        ....... 

Grammar  School  in  easterly  part  of  Roxbury,  sale  of  estate,  . 

Grand  Lodge  of  Knights  of  Saint  Crispin,  Mass.,  incorporated, 

Granite  Company,  Mouson,  charter  revived. 

Granite  Railway  Company,  purchase  and  widening  of  road,  . 

Graves  and  monuments  of  soldiers,  care  and  decoration  of,    . 

Graves  End  Branch  Street  Railway  Company,  charter  revived,  etc 

Great  Barrington,  county  buildings  in,  erection. 

Green  Harbor  River,  construction  of  bridge  over,  authorized, 

Greenfield,  town  of,  supply  of  water  for, 

Greenleaf  and  Taylor  Manufacturing  Company,  name  changed, 

Groton  Savings  Bank,  time  for  organizing  extended,  . 

Grouse,  for  preservation  of,  ....  . 

Grove  Company,  Vineyard,  in  Edgartown,  incorpoi-ated, 
Groveland,  Bridge  over  Merrimac  River,  required  at, . 
Guardians,  appointment  of,  in  certain  cases, 

"  asking  leave  to  sell  real  estate,  oaths  of,     . 

"  in  probate  proceedings,  oaths  of,       . 

Guardians  of  Indians,  accounts  to  be  closed. 
Guards  on  railroad  bridges,  act  1869  concerning,  amended,    . 

H. 

Hadley,  town  of,  may  hold  certain  railroad  stock. 

Hall  of  Industry  in  Boston,  incorporated,  .  .  .  . 

Hampden,  County  Commissioners  of,  may  borrow  money  and  take 

land  for  court  house,  ....... 

Hampden,  County  Commissioners  of,  may  lay  out  hi^ 

bridge  over  Connecticut  River, 
Hampden  Mills,  may  increase  capital,     . 
Hardwick,  town  of,  may  hold  certain  railroad  stock,   . 
Hatfield,  town  of,  may  hold  certain  raili'oad  stock, 
Haverhill,  city  of,  may  pay  certain  soldiers'  bounties,  . 
Haverhill,  bridge  at,  over  Merrimac  River,  required,  . 
Haverhill  Bridge,  concerning  travel  on. 


Page 

83 

66 

84 

140 

341 

27 

19 

344 

333 

329 

348 

322 

89 

192 
216 
198 

18 
293 
113 
186 
345 

25 
150 
191 
232 
224 

78 
147 
189 
196 

95 
344 
196 


54 
250 


111 
hway   and 

.     118,  198,  295 

191 

55 

64 

98 

147 

137 


56 


XVI 


INDEX. 


118. 


Page 

62 

243 

284 

334 
35 
63 

247 

324 

141 

118,  247 

118,  198, 295 

147 

338 

56, 122 

188 

190 
47 


Haverhill  Police  Court,  term  for  civil  business,  .  .  . 

Hawkers  and  Pedlevs,  General  Statutes  relating  to,  amended, 

Health,  State  Board  of,  supervision  over  slaughter-houses,    . 

"  "  "      to  report  number  of  miuox's  in  certain  manu- 

factories, ........ 

Herring  Fishery  in  Monument  River  and  Herring  Pond,  concerning, 

Hibernian  Friendly  Society  of  Marblehead,  incorporated. 

Hicks'  Bridge,  over  Westport  River,  to  be  public  highway, 

High  School  in  Charlestown,  issue  of  arms  to,  • 

Highway  in  Gay  Head,  to  be  laid  out,     . 

"        over  "Westport  River,  to  be  laid  out,  . 

Highway  and  Bridge  over  Conn.  River,  to  be  laid  out. 

Highway  and  Bridge  over  Merrimac  River,  to  be  laid  out, 

Highways,  information  respecting,  required,    . 
"  laying  out  of,  G.  S.  amended, 

"  powers  of  county  commissioners  in  making, 

Hingham  and  Quincy  Turnpike  and  Bridges,  commissioners  on 
duties,  etc.,       ....... 

Hinkley  and  Williams  "Works,  may  build  wharves  in  Boston, 

History  of  Massachusetts  in  the  Rebellion,  Schouler's,  purchase  and 
distribution,      ...... 

Holland,  town  of,  may  hold  certain  railroad  stock, 

Holliston,  election  of  officers  in,  legalized, 

Holyoke,  Public  Library  in,  incorporated, 

Holyoke  and  South  Hadley,  free  bridge  between,         .         118,  175,  198 

Home  for  Aged  Men,  may  hold  additional  estate, 
"      for  friendless  women  and  children,  Springfield,  estate  of, 
"  "  "  "  "  in  favor  of, 

"      for  Orphans,  New  Bedford,  estate  of,       . 
"      Washiugtouian,  in  favor,    ..... 

Hopkinton,  town  of,  may  hold  certain  railroad  stock,  . 

Hopkintou  and  Milford,  and  Hopkinton  Branch  Railroads,  union  of. 

Hose-men,  appointment  of,  act  of  1869  amended, 

Hosmer,  Amzi,  allowance  to,        .  .  ... 

Hospital,  New  England,  for  women  and  children,  in  favor, 
"        State  Lunatic,  to  be  erected  in  Worcester,    . 

Hospitals,  restrictions  as  to  erection  and  use,  . 

"  State  Lunatic,  price  of  board  of  state  paupers  at, 

Hotel-Keepers  and  their  guests,  relating  to. 

House  of  Angel  Guardian,  in  Boston,  in  favor,  . 

House  of  Good  Shepherd,  in  Boston,  in  favor,  . 

House  of  Reformation,  in  Lawrence,  establishment  of. 

Houses  of  Correction  and  better  discipline  of  prisoners,  relating  to. 

Houses  of  Public  Worship,  corporations  owning  or  proposing  to 
build,  §  28,  ch.  30  G.  S.  amended,      . 

Hubbardston,  town  of,  may  hold  certain  railroad  stock, 

Hudson  Masonic  Building  Association,  incorporated, 

Hutchinson  Papers,  suit  authorized  for  recovery  of,    . 

Hyde  Park,  town  of,  state  and  county  taxes  how  paid  by, 


342 
309 

81 
129 
295 

88 
256 
323 
175 
329 
218 
218 

26 
344 
324 
177 
226 

77 
249 
329 
344 
215 
28G 

52 

55 

252 

332 

256 


INDEX. 


xvii 


I. 

Imprisoumeut  and  Discharge,  proceedings  before  magistrate, 
Income  of  Massachusetts  School  Fund,  distribution  of, 
India  Manufacturing  Compau_v,  in  Salem,  incorporated, 
Indian  Lands  at  Marshpee,  partition  provided  for, 

"      School  Fund,  distribution  of,        . 
Indians,  guardian  and  treasurer  accounts  to  be  closed, 
Indigent  Children,  for  protection  of,        . 
Industrial  Science,  Worcester  County  Free  Institute,  concerning, 

"  "  "  "  "  "        issue  of  arms  to 

Industry,  Hall  of,  in  Boston,  incorporated,         ... 
Infant  Asylum,  Massachusetts,  additional  to  act  incorporating. 
Infirmary,  Massachusetts  Eye  and  Ear,  in  aid,  . 
Injunctions,  may  be  issued  by  S.  J.  Court,  iu  vacation, 
Inuholders  and  their  guests,  relating  to,  ... 

Insane  Paupers,  price  of  board  at  State  Hospitals, 
Institute,  Essex,  charter  amended,  .... 

"         of  Industrial  Science,  Worcester  County,  estate,  etc., 
"  "  "  "  "        issue  of  arms  to 

Institution  for  the  Blind,  Perkins,  allowance  to,  .  .       ' 

"  for  Savings,  Union,  in  Boston,  real  estate, 

Institutions  for  Savings,  real  estate,  amount  which  they  may  hold, 
Insui'ance,  certain  matters  of,  regulated, 
Insurance  Companies  : 

American  Mutual  Life,  in  Boston,  incorporated. 

Bay  State  Mutual  Life,  incorporated. 

Cape  Cod  Mutual  Fire,  charter  revived,   . 

Commonwealth,  of  Boston,  incorporated. 

Exchange,  of  Lynn,  incorporated. 

Fall  River  Manufacturers'  Mutual,  incorporated, 

Gloucester  Fire,  may  insure  against  maritime  losses,    . 

Lawrence  Fire,  of  Boston,  incorporated, . 

Mutual  Life,  of  Boston,  incorporated, 

National  Glass,  in  Boston,  incorporated, . 

Naumkeag  Mutual  Fire,  iu  Salem,  charter  amended, 

People's  Fire,  of  Worcester,  may  increase  capital, 

Rollstone,  in  Fitchburg,  incorporated, 

Southbridge  Mutual  Fire,  incorporated,  . 

Taunton,  incorpoi'ated,       ..... 

Traders'  and  Mechanics',  of  Lowell,  guarantee  capital,  estate 

Wakefield  Marine  and  Fire,  incorporated, 

Webster  Fire,  iu  Boston,  incorporated,   . 
Interest  on  bonds  of  corporations,  rate  limited. 
Intoxicating  Liquors,  manufacture  and  sale  of,  act  1869  amended, 
Irish  Benevolent  Society,  Lawrence,  incorporated. 
Iron  Company,  Weymouth,  may  hold  certain  railroad  stock,  . 
Iron  and  Steel  Company,  Franconia,  may  build  wharf  in  Wareham 


67, 


253, 


298, 


Page 

57 

39 

79 

2U 

255 

SU 

289 

38 

334 

250 

90 

328 

82 

249 

77 

19 

38 

334 

337 

123 

172 

300 

114 

107 

102 

88 

C2 

18 

19 

26 

41 

27 

297 

116 

84 

62 

63 

173 

46 

246 

213 

300 

83 

41 

39 


XVlll 


INDEX. 


J. 

Page 

Jails  and  Houses  of  Correction,  and  better  discipline  of  prisoners,   .  286 

Jasper  Sugar  Eefinery,  incorporated,      .....  TH 

Jewett,  Lucy  E.,  guardian  of  Geo.  E.  Winthrop,  may  execute  deed  to,  337 

Jordan,  William  F.,  in  favor,         ......  839 

Journal,  Woman's,  proprietors  of,  incorporated,           ...  6 

Judge  of  Probate  may  be  appointed  guardian  of  his  minor  cliild,     .  189 

Justices  of  the  Peace,  may  administer  oaths  in  anj^  county,    .            .  82 

JuvenUe  Offenders  in  Lawrence,  house  of  reformation  for,      .            .  215 

"              "         and  the  State  visiting  agency,  relating  to,             .  261 

K. 

Keating,  Edward,  estate  of,  deed  of  Thomas  Looby,  admin'r,  con- 
firmed,  .........  821 

Kelly,  Daniel  N.,  may  build  wharf  in  Dennis,    ....  117 

Kingston,  Clam  Fishery  in,  regulated,     .  .  .  .  .126 

Knights  of  Saint  Crispin,  Massachusetts  Grand  Lodge  of,  incorpoi-- 

ated,       .........  198 

L. 

Labor  Statistics,  Bureau  of,  employment  of  assistants,          .            .  341 

Lakeville,  town  of,  may  hold  certain  railroad  stock,    .            .            .  305 

Lancaster  Railroad  Company,  incorporated,      ....  142 

Land  in  Boston,  purchase  by  United  States  authorized,          .            .  240 

Land  for  State  Lunatic  Hospital,  purchase  authorized,           .            .  177 

Land  Improvement  Company,  East  Boston,  incorporated,      .            .  65 

"               "                    "          Tremont,  in  Boston,  concerning,        .  65 

Land  Surveyors,  shall  adjust  compasses,  annually,  etc.,          .            .  206 

Land  and  Wharf  Company,  Oak  Bluffs,  granted  certain  powers,       .  102 

Lands,  partition  of,  relating  to,    .            .            .            .            .            .  187 

"       tenants  of,  for  life,  rights  in  respect  to  fixtures,          .            .  113 
Lands  at  Marshpee,  partition  provided  for,        .            .            .            .214 

Larrabee,  Samuel  F.,  certain  deed  to,  confirmed,          .            .            .  321 

Lawrence,  city  of,  juvenile  oftenders  in, .            ....  215 

Lawrence  Fire  Insurance  Company  of  Boston,  incorporated,            .  26 

Lawrence  Ii'ish  Benevolent  Society,  incorporated,       ...  83 

Laws,  general  and  special,  etc.,  certain  towns  to  be  supplied,            .  840 

"     certain  special,  for  publication  of,            ...            .  327 

"     Provincial,  distribution  of,            ....            .  326 

"     Railroad,  codification  and  indexing  provided  for,         .            .  341 

Leasehold  Estates,  recording  of  attachments  of,          .            .            .  189 

Leatherbee,  John  W.,  may  build  wharf  in  Boston,       .            .            .  122 

Lee  and  New  Haven  Railroad  Company,  charter  revived,       .            .  297 

"                   "                  "                "          Pittsfleld  may  hold  stock  of,  306 

Legislature,  members  and  officers,  compensation  of,   .            .            .  343 

"            Reports  to,  concerning,       .....  341 

Leo,  Joanna,  allowed  state  aid,    ......  336 

Leominster,  town  of,  vote  legalized,       .....  173 


INDEX. 


XIX 


Page 
Lexington  and  Arlington  Railroad,  connection  Trith  B.  and  Lowell 

main  line,          ........  297 

Libraries,  District,  establishment  authorized,   .            .          • .            .  244 

Library,  Public,  in  Holyoke,  incorporated,         ....  129 

"        State,  duplicate  volumes  in,  concerning,         ...  97 

Library  and  Lyceum  Association,  Worcester,  charter  amended,        .  44 
Life  Insurance,  see  "  Insurance." 

Life  Insurance  Company,  American  Mutual,  in  Boston,  incoi'porated,  114 

"            "                "           Bay  State  Mutual,  incorporated,      .            .  107 

"            "               "          Mutual,  of  Boston,  incorporated,    .            .  41 

Liquors,  Intoxicating,  manufacture  and  sale  of,  act  1869  amended,    298,  300 

Loan  and  Trust  Companj^,  Northampton,  incorporated,          .            .  234 

Looby,  Tliomas,  administrator,  certain  deed  confirmed,          .            .  821 

Lowell,  city  of,  charter  amended,            .            .            ,            .           .  96 

"             "      may  hold  certain  railroad  stock,           .            .            .  180 

"             "      may  take  water  from  Merrimack  River,          .            .  232 

Lunatic  Hospital,  State,  to  be  erected  at  Worcester,   .            .            .  177 

Lunatic  Hospitals,  State,  price  of  board  at,        ....  77 

Lyceum  and  Library  Association,  Worcester,  charter  amended,        .  44 

Lynn,  city  of,  may  provide  for  payment  of  municipal  debt,    .            .  138 

"             "      school  committee  increased,        ....  96 

Lynn  and  Boston  Railroad  Company,  concerning,        .            .            .  237 

Lynn  Market-House  Company,  incorporated,    ....  112 

Lynn  Mechanic's  Building  Association,  incorporated, .            .           .  260 

Lynn  Young  Men's  Christian  Association,  incorporated,         .            .  93 

Lynufleld  and  Wakefield,  line  between  defined,             ...  98 

M. 

Machine  Shop  and  Foundry,  Salem,  incorporated,        ...  92 
Magistrates,  proceedings  before,  under  G.  S.  relating  to  arrest,  im- 
prisonment and  discharge,     ......  67 

Maiden,  town  of,  drainage  in,       .....            .  172 

"               "      part  incorporated  as  Everett,             ...  50 

"               "      supply  of  water  for ;  acts  legalized,  .            .            .  103 
Mansfield  and  Framingham  Railroad  Company,  may  lease  to   or 

unite  with  Boston,  Clinton  and  Fitchburg  Company,        .            .  66 
Manufactories,  certain,  number  of  minors  employed  in  to  be  ascer- 
tained,   .........  334 

Manufacture  and  sale  of  Intoxicating  Liquors,  act  1869  amended,    298,  300 
Manufacturer's  Mutual  Insurance  Company,  Fall  River,  incorpo- 
rated,    .........  18 

Manufacturing  and  other  Corporations,  relating  to,     .           .            154,  256 
Manufacturing  Corporations  : 

Adams  Sugar  Refinery,  in  Boston,  incorporated,           .           .  191 

American  Watch  Company,  may  increase  capital,          .            .  25 

American  Water-Meter  Company,  in  Boston,  incorporated,     .  92 

Amherst  Gas  Light  Company,  incorporated,      ...  83 

Atlantic  Works,  may  increase  capital  and  real  estate,  .  13 


XX 


INDEX. 


Manufacturing  Corporations— Concluded. 

Crocker  Paper  Company,  incorporated,  . 

Dorchester  Gas  Light  Company,  may  increase  capital, 

Dwight,  may  increase  capital, 

rranconia  Iron  and  Stpel  Company,  may  build  wharf  in  "Ware 
ham,  ...... 

Greenleaf  and  Taj'lor,  in  Springfield,  name  changed, 

Hampden  Mills,  may  increase  capital, 

Hinkley  and  Williams  Works,  and  others,  may  build  wharves 

India,  In  Salem,  incorporated, 

Jasper  Sugar  Refinery,  incorporated, 

Massasoit  Paper,  in  Springfield,  name  established, 

Neptune  Woollen,  location  of,       . 

Pocasset,  may  construct  wharf  in  Fall  River,    . 

Salem  Foundry  and  Machine  Shop,  incorporated, 

Southworth  Cotton,  in  Quincy,  incorporated, 

Springfield  Gas  Light  Company,  may  increase  capital  and  es 
tate,  ...... 

Map  of  State,  concerning,  .... 

Marblehead,  Hibernian  Friendly  Society  of,  incorporated, 

Market-House  Company,  Lynn,  incorporated,   . 

Marriage  of  Erastus  C.  Alden  and  Isabel  M.  Clapp  legalized 

Marsh  and  Beach  Birds,  for  preservation  of, 

Marshfleld,  bridge  in,  construction  authorized, 

Marshpee,  District  of,  in  favor  schools, . 

Martin,  Oramel,  in  favor,  ..... 

Mashpee,  town  of,  incorporated,  .... 

Masonic  Building  Association,  Hudson,  incorporated, 
Massachusetts  Agency  at  Washington,  relating  to, 

"  Agricultural  College,  allowance  to, 

"  Asylum  for  the  Blind,  allowance  to, 

"  Baptist  Convention,  may  hold  additional  estate, 

"  Central  Railroad  Company,  may  issue  bonds   and 

mortgage  road,  reduce  capital,  and  divide  road  for 
purposes  of  construction, 

"  Central  Railroad  Company,  concerning, 

"  Charitable  Eye  and  Ear  Infirmary,  in  aid, 

"  Grand  Lodge  of  Knights  of  Saint  Crispin,  incorpor 

ated,        ...... 

"  Infant  Asylum,  additional  to  act  incorporating, 

"  Nautical  School,  name  established, 

"  "  "        expenses  and  income, 

"  "  "        vessel  to  be  sold, 

"  Massachusetts  in  the  Rebellion,"  Schouler's  History  of,  purchase 
and  distribution,  ...... 

Massachusetts  School  Fund,  distribution  of  income  provided  for, 

"  Society  for  promoting    Christian  Knowledge,  may 

transfer  its  funds  to  other  corporations,         .  .  .  . 


Page 

64 

66 

37 

38 

39 

191 

191 

47 

79 

78 

191 

251 

73 

92 

3,250 

84 
126 

63 
112 
228 
224 

25 
332 
333 
213 
252 

81 
342 
337 

38 


265 
143 

328 

198 
90 
264 
296 
307 

342 
39 

115 


INDEX. 


XXI 


Page 
Massachusetts  War  Loan  Sinking  Fund,  $200,000  transferred  to,      .        323 
Massasoit  Paper  Mauufactui'ing  Company,  name  established,  .        191 

Mayberrj",  Edwin,  in  favor,  ......        331 

Meadows  in  Salisbury,  certain  proprietors  may  protect  from  over- 
flow,      ..........  24 

Measures  and  Weights,  sealing  of,  .  .  .  .  .145 

"  "         standard,  certain  towns  to  be  supplied  with,        340 

Mechanic  Hall  Coi'poration,  Salem,  may  inci'ease  capital  and  estate,  75 

Mechanics'  Building  Association,  Lynn,  incorporated,  .  .        2G0 

Mechanics'  Savings  Bank  of  Lowell,  may  hold  real  estate,     .  .        122 

Medford,  town  of,  supply  of  water  for,  acts  legalized,  .  .        103 

"  '■      to  maintain  certain  hydrants,  .  .  .        145 

Medway,  part  of,  incorporated  into  town  of  Norfolk,  ...  28 

Meetiug-Houses,  estate  of  corporations  owning,         ...  52 

Melrose,  town  of,  drainage  in,      .  .  .  .  .  .172 

"  "      supply  of  water  for,  acts  legalized,  .  .  .        103 

Memorial  Association,  Pocumtuck  Valley,  incorporated,        .  .        179 

Mendon,  town  of,  certain  acts  confirmed,  ....        233 

"  "     records  of,  relating  to,  ...  .        331 

Merchants'  Bank  of  Lowell,  charter  revived  for  conveyance  of 

estate,    .........  27 

Meridian  Lines,  true,  establishment  provided  for,        .  .  .        205 

Merrimac,  town  of,  incorporated,  .....  99 

Merrimac  River,  city  of  Lowell  may  take  water  from,  etc.,    .  .        232 

"  "      bridge  over,  between  Grovelaud  and  Haverhill  to 

be  built,  ........        147 

Merrimac  Street  Eailway  Company,  in  Haverhill,  incorporated,        .        232 
Messages,  Special,  of  Governor  to  Legislature,  .  .  .        377 

Messengers  of  Legislature,  compensation  of,    .  .  .  .        343 

Methodist  Episcopal  Church  at  Graniteville,  organization  of  trustees 

legalized,  .  .  .  .  .  .  .  .179 

Metropolitan  Railroad  Company  may  cross  Boston  and  Albany  Rail- 
road in  Brookliue,  at  grade,  ......        139 

Middleborough,  town  of,  may  hold  certain  railroad  stock,     .  .        805 

Middlesex  Railroad  Company,  may  unite  with  Suburban  Company,  20 

"  "  "  liability  for  repairs  of  bridges,  .        223 

Milford,  town  of,  may  hold  certain  railroad  stock,       .  .  .        218 

Milford  Farmers' Club,  incorporated,      .  .  .  ,  .114 

Militia,  concerning,  .......        217 

"        certain  officers  of,  in  favor,        .....        330 

MUk,  sale  of, 229 

Millbury,  stations  in,  P.  and  W.  Railroad  Company  may  re-locate,    .         87 
"        town  of,  may  hold  certain  railroad  stock,      .  .  .        192 

Miller's  River,  Prison  Point  Bridge  over,  draw  to  be  widened,  219,  306 

"  "      railroad  bi'idges  over,  draws  to  be  widened,    .  219,  306 

Mills,  Hampden,  may  increase  capital,    .  .  .  .  .191 

Mineral  Springs  Company,  in  Shutesbury,  chai'ter  revived,    .  .  42 

Minors  employed  in  certain  manufactories,  relating  to,  .  .        334 


xxu 


INDEX. 


Mission,  Boston  North  End,  incorporated. 

Money,  Treasurer  may  borrow,  in  anticipation  of  revenue,     . 

Monson  Granite  Company,  cliarter  revived, 

Moral  Keform  Society,  New  England,  in  favor, 

Mortgages,  discharge  of,  relating  to,       . 

Mount  Mineral  Springs  Company,  charter  revived, 

Moving  of  buildings  in  public  streets,  when  allowed,  . 

Municipal  Court  of  Boston,  special  justice,  etc., 

"  "      of  Dorchester  District,  Boston,  established. 

Museum  of  Fine  Arts,  trustees,  incorporated,    . 
Musical  Conservatory  for  the  Blind,  incorporated, 

"  "  New  England,  incorporated, 

Mutual  Fire  Insurance  Company,  Cape  Cod,  charter  revived, 

"         "  "  "         Fall  River  Manufacturers',  incor 

porated, 

"         "  "  "         Naumkeag,     in     Salem,     charter 

amended,    . 

"  "  "  "  Southbridge,  incorporated, 

Mutual  Life  Insurance  Company,  American,  in  Boston,  incorporated 

"  "  "  "  Bay  State,  incorporated, 

"  "  "  "  of  Boston,  incorporated. 

Mystic  Eiver  Eailroad,  Boston  and  Lowell  Co.  may  purchase, 

"  "  "         time  for  locating  and  constructing,     . 

N. 

Names  of  Persons,  change  of,        .  .  .  .  . 

Nantucket,  Fisheries  in  vicinity  of,  to  protect,  . 
Nashua  and  Eochester  Eailroad,  Providence  and  Worcester  Co.  may 

hold  stock  in, 
"  «  "         Worcester   and   Nashua    Co.   may 

hold  stock  in,    . 
National  Glass  Insurance  Company,  incorporated, 
Naumkeag  Mutual  Fire  Insurance  Co.,  of  Salem,  charter  amended, 
Nautical  School,  Massachusetts,  name  established, 

"  "  "  expenses  and  income, 

"  "  "  vessel  to  be  sold, 

Negus,  Darius,  allowed  State  aid,  .... 

Neptune  Woollen  Manufacturing  Company,  location  of. 
New  Bedford,  annual  municipal  elections,  time  of  holding,     . 
New  Bedford  and  Fairhaven  Street  Eailway  Company,  incorporated 
New  Bedford  Orphan's  Home,  may  increase  estate. 
New  Bedford  and  Middleborough  Eailroad  Company,  incorporated. 
New  Bedford  and  Taunton  Eailroad  Co.,  may  hold  street  railway 

stock 
"  "  "  concerning, 

New  Bedford  Women's  Eeform  and  Eelief   Association,  charter 

amended,  ....... 

New  Braintree,  town  of,  may  hold  certain  railroad  stock, 


Page 

89 
32X 

18 
335 
113 

42 

230 

243 

245 

4 

5 

76 
102 

18 

297 
62 
114 
107 
41 
12 
75 


389 
204 

285 

67 
27 
297 
264 
296 
307 
327 
251 
231 
85,  307 
175 
304 

85 
304 

3 
55 


INDEX. 


XXIU 


Page 

New  England  Conservatory  of  Music,  incorporated,     ...  76 

New  England  Hospital  for  Women  and  Children,  in  favor,      .            .  32'4 

New  England  Moral  Reform  Society,  in  favor,  ....  335 

New  London  Northern  and  the  Southbridge  and  Palmer  Railroads, .  309 

Newburyport  City  Railroad  Company,  charter  amended,         .           .  260 

Newton  Bank,  charter  revived  for  conveyance  of  estate,         .           .  18 

Nickerson's  Wharf  Company,  in  East  Boston,  incorporated,  .            .  44 

Norfolk  County,  Probate  Courts  in,  times  and  places  of  holding,       .  126 

Norfolk,  town  of,  incorporated,    ......  28 

Normal  School-House  at  Salem,  enlargement  of,          .            .            .  330 

Normal  Schools,  certain,  Board  of  Education  to  have  management,  .  77 

"             "             "        boarding-houses  provided  for,          .            .  321 

North  Andover,  location  of  B.  and  M.  Railroad  in,        .            .            .  306 

North  End  Mission,  Boston,  incorporated,         ....  89 

North  End  Savings  Bank  in  Boston,  incorporated,       ...  24 

Northampton,  town  of,  may  hold  certain  railroad  stock,          .            .  54 

Northampton  and  Amherst  Railroad  Company,  corporate  name,        .  54 

Northampton  Loan  and  Trust  Company,  incorporated,            .            .  234 

Northampton  and  Shelburne  Falls  Railroad,  location  and  construction,  86 
Northampton  and  Williamsburg  Street  Railway  Co.,  may  reduce 

capital      .........        26 

Northern  Berkshire,  District  Court  of,  established,     .            .            .  130 
Norwich  and  Worcester  R.  R.  Company,  claims  of  state  against, 

payment  to  be  enforced,         ......  327 

Numismatic  Society,  Boston,  incorporated,       ....  76 

O. 

Oak  Bluffs  Land  and  Wharf  Company,  granted  certain  powers,  .  102 
Oaths  of  Executors,  Administrators  and  Guardians  asking  leave  to 

sell  real  estate,             .......  196 

Oaths  of  Executors,  Administrators,  Guardians   and  Trustees  in 

probate  proceedings,  .......  95 

Oaths,  Justices  of  the  Peace  may  administer,  in  any  county,  .            .  82 

Odd  Fellows'  Building  Association,  in  Georgetown,  incorporated,    .  197 

Odd  Fellows'  Hall,  in  Boston,  proprietors  of,  may  increase  capital,  .  72 

Offenders,  juvenile,  in  city  of  Lawrence,  concerning,  .            .            .  215 

"               "         and  the  State  Visiting  Agency,  relating  to,         .  261 

Officers  of  State  Prison,  completion  of  dwelling-houses  for,  .            .  322 

Officers,  Town,  in  HoUiston,  election  legalized,            ...  81 

Officers  in  Volunteer  Militia,  certain,  in  favor,  ....  330 
Old  Colony  and  Newport  Railway  Company,  concerning,  .  .  40,  41 
Old  Colony  and  Newport  Railway  Company,  may  purchase  Plymouth 

and  Vineyard  Sound  road,     ......  294 

Old  Colony  and  Newport  Railway  Company,  may  use  New  Bedford 

and  Middleborough  road,       ......  304 

Old  Colony  and  Newport  Railway,  may  use  Shawmut  Railroad,         .  303 

Old  Colony  and  Newport  Granite  Railway  Companies,  concerning,  .  293 

Orphan's  Home,  New  Bedford,  may  hold  additional  estate,     .            .  175 

Overflow  of  certain  meadows  in  Salisbury,  to  prevent,  .  .  24 
67 


XXIV 


INDEX. 


P. 

Page,  James  H.,  guardian,  may  execute  deed  of  estate  of  Seth 

Thaxter,  ..... 

Pages  of  Legislature,  compensation  of,  . 
Palmer,  town  of,  may  hold  certain  railroad  stock, 
Palmer  Savings  Bank,  incorporated. 
Paper  Company,  Crocker,  incorporated, 

Paper  Manufacturing  Company,  Massasoit,  name  established, 
Parish,  Natick  South,  name  changed  to  First  Unitarian  Parish, 
Parks,  Jane,  in  favor,         .... 
Parks  in  or  near  city  of  Boston,  lying  out  of,    . 
Parsons,  George  W.,  in  favor, 
Partition  of  Lands,  in  relation  to, 
Partridges,  time  for  taking, 
Passengers,  Alien,  act  of  1865  repealed,  G.  S.  71,  §§  16,  17,  18  re 

enacted,  ...... 

Paul,  Joseph  P.,  may  build  wharf  in  Boston,     . 

Paupers,  Insane,  price  of  board  at  State  Lunatic  hospitals, 

"       settlement  of,  relating  to,  . 

Pedlers,  General  Statutes  concerning,  amended. 
Penny  Savings  Bank,  Boston,  may  hold  additional  estate. 
People's    Fire   Insurance   Company,  of  Worcester,    may 

capital,  ....... 

Perkins  Institution  for  the  Blind,  allowance  to, 

Personal  Estates  of  deceased  persons,  distribution  of  unclaimed 

portions,  ...... 

Personal  Property,  attachment  of,  relating  to,  . 

"  "         conditional  sales  of,  concerning,    . 

Phillips,  William  H.,  may  extend  wharf  in  Taunton,    . 
Phillipston,  town  of,  may  hold  certain  railroad  stock, 
Physician  of  State  Prison,  salary  established,    . 
Pittsfleld,  town  of,  may  hold  certain  railroad  stock,     . 
Placards,  show-bills,  etc.,  penalty  for  wilful  destruction  of, 
Plummer,  Caroline,  estate  of,  transfer  authorized, 
Plymouth,  Clam  Fishery  in,  regulated,    . 
Plymouth  County  Agricultural  Society,  name  established, 

"  "        Commissioners,  may  build  bridge,    . 

"  "        Probate  Courts  in,  place  of  holding, 

Plymouth  Harbor,  sites  of  forts  in,  ceded  to  U.  S.,  plan  to  be  filed, 
Plymouth  and  Vineyard  Sound  Railroad  Co.,  charter  revived, 
Pocasset  Manufacturing  Company,  may  build  wharf  in  Fall  River, 
Pocumtuck  Valley  Memorial  Association,  incorporated, 
Police  Court,  of  Adams  abolished,  .... 

"        "       of  Haverhill,  when  to  be  held  for  civil  business, 
Police  Districts,  establishment  authorized, 
Ponds  in  Dukes  County,  leasing  of,  for  fish  cultivation. 
Poor  Debtors,  arrest,  imprisonment  and  discharge,  proceedings  be 

fore  magistrate, 


Page 

339 
343 
309 
43 
64 
191 
175 
332 
199 
329 
187 
224 

143 
112 
77 
300 
243 
102 

116 
337 

290 
228 
189 

42 
187 
182 
306 
188 
333 
126 
185 

25 

36 
303 
293 

73 
179 
132 

62 
244 
264 

57 


INDEX. 


XXT 


Page 

Post  Office  in  Boston,  United  States  may  purchase  land  for  site,       .  240 

Posters,  show-bills,  etc.,  penalty  for  wilfully  destroying,        .            .  188 

Preacher  of  election  sermon,  compensation  of,  .            .            .            .  343 

Primary  School,  State,  at  Monson,  in  favor;  purchase  of  land  for,    .  325 

Princeton,  town  of,  part  of  Westminster  annexed  to,  .            .           .  128 

Printing  of  certain  reports  and  documents,  relating  to,           .            .  195 

Printing  and  Publishing  Company,  "Worcester  times,  incorporated,  .  37 

Prison,  State,  dwelling-houses  for  officers  of,  for  completion,            .  322 

"          "       duties  and  salary  of  chaplain  and  physician,      .            .  182 

"           "       expenses  and  income  of,  .            .            .            .            .  296 

Prison  Point  Bridge,  draw  to  be  widened,          .            .            .           219,  306 
Prisoners,  Discharged  Female,  temporary  asylum  for,  in  aid, .            .  322 
Prisons  and  Prisoners,  commissioners   of;   classification  and  dis- 
cipline of  prisoners,  advisory  board  of  women,  etc.,          .            .  286 
Probate  Bonds,  relating  to,           .....            .  205 

Probate  Courts,  business  of,  may  be  transacted  out  of  court,  when,  .  195 

Probate  Courts  in  Norfolk  County,  times  and  places  of  holding,        .  126 

"             "      in  Plymouth  County,  place  of  holding,            .            .  36 

Probate  proceedings,  oaths  of  executors,  guardians,  etc.,        .            .  95 

Property,  Personal,  attachment  of,  relating  to,  .            .            .            .  228 

"                "         conditional  sales  of,  concerning,    .            .            .  189 

Proprietors  of  Odd  Fellows  Hall  in  Boston,  may  increase  capital,     .  72 

"           of  the  Woman's  Journal,  incorporated,      ...  5 

Prosecutions  for  fines  and  forfeitures,  in  cities,  G.  S.  amended,          .  172 

Protestant  Episcopal  Societies  of  Maiden,  concerning,            .           .  89 

Providence  and  Worcester  Eailroad  Co.,  stations  in  Millbury,            .  87 

"  "  "         "     may  hold  certain  railroad 

stock,     .........  285 

Provincetown,  town  of,  may  hold  steamboat  stock,      .            .            .  139 

Provincial  Laws,  distribution  of,  .            .            .           .           .            .  326 

Public  Burying  Grounds,  preservation  of,          ...           .  171 

"      Library  in  Holyoke,  incorporated,           ....  129 

"      Parks  in  or  near  Boston,  laying  out  of,  .            .           .           .  199 

"      Reports  and  Documents,  certain,  printing  of,    .            .           .  195 

"      Schools,  drawing  to  be  taught  in,            ...            .  183 

"      Streets,  moving  of  buildings  through,  when  allowed,  .            .  230 

"      Watering  Places  in  towns,  maintenance  of,        .            .            .  82 

Publication  of  Criminal  Statistics,  relating  to,  .            .            .            .  195, 

Publishing  and  Printing  Company,  Worcester  Times,  incorporated,  37 

Publishing  Society,  Congregational,  in  Boston,  name  established,     .  194 

Pulsifer,  David,  iu  favor,    .......  336 


Quail,  time  for  taking, 


Q. 


R. 


Railroad  Corporations  : 

Albany  Street  Freight,  may  reduce  capital, 


224 


26 


XXVI 


INDEX. 


Kailroad  Corporations— Continued. 

Amherst  Branch,  may  increase   capital  and  change  name 
location,  &c.,      ...... 

Asbury  Grove,  incorporated,         .... 

Athol  and  Enfield,  location  of  road  extended,    . 
Attleborough  Branch,  incorporated, 

Boston  and  Albany,  extension  to  deep  water  at  South  Boston 
"  "        Metropolitan  may  cross  road  in  Broot 

line  at  grade, 

«  "        may  use  or  purchase  Grafton  and  Mill 

bury  road, .... 

"  "        may  use  Southbridge  and  Palmer  road, 

Boston,  Barre  and  Gardner,  may  re-locate  road, 
Boston  and  Chelsea,  concerning,  .... 

Boston,  Clinton  and  Fitchburg,  concerning, 

"  "  "  may  lease  or  unite  with  Mans 

field  and  Framingham  road,   .... 

Boston,  Hartford  and  Erie,  may  use  Shawmut  road, 

"  "  "  may  use  Southbridge  and  Palmer 

road,       ....... 

Boston  and  Lowell,  bridges ;  terminal  facilities  in  Boston, 
"  "  may  build  branch  to  Lexington  and  Ar 

lington  road, 
««  "  may  build  branch  to  Mystic  River  road, 

"  "  may  purchase  Stoneham  Branch  road, 

Boston  and  Maine,  bridges ;  terminal  facilities  in  Boston, 
"  "  location  in  N.  Andover  and  Bradford, 

"  "  right  of  trains  at  proposed  crossing, 

Boston  and  Providence,  concerning, 

Cambridge  Railway  Company,  liability  for  repair  of  bridge, 
Cape  Cod,  and  the  Cape  Cod  Ship  Canal,  concerning,   . 

"         may  purchase  Plymouth  and  Vineyard  Sound  road 
Connecticut  River,  relating  to,      . 
Duxbury  and  Cohasset,  concerning, 

East  Walpole  Branch,  location  and  construction  of  road. 
Eastern,  bridges ;  terminal  facilities  in  Boston, 

"        concerning,  ..... 

"        claims  of  state  against,  payment  to  be  enforced, 
"        may  build  branch  road,  etc., 
"        rights  of  trains  at  proposed  crossing, . 
Essex  Branch,  charter,  when  to  become  void,    . 
Exeter  and  Salisbury,  may  lease  road, 

"  "  town  of  Salisbury  may  hold  stock  of, 

Fitchburg,  allowance  to,  etc.,        .... 

"  bridges ;  terminal  facilities  in  Boston, 

"  may  build  branch  road,  increase  capital,  etc., 

"  may  hold  certain  ship  canal  stock,    . 

Framingham  and  Lowell,  incorporated,  . 


Page 


53 

110 

217 

'     74 

286 

139 

192 

309 

62 

237 

80 

66 
303 

309 
219 

297 

11 

111 

219 

306 

11 

74 

221 

33,34 

294 

198 

40 

39 

219 

110 

327 

86 

11 

87 

64 

210 

185 

219 

182 

251 

80 


INDEX. 


XXVll 


Eajxroad  Corporations — Continued. 

Framingham  and  Lowell,  may  issue  bonds ;    certain  towns 
may  hold  stock  of,  . 
"  "  concerning, 

Grafton  and  Millbury,  incorporated. 
Granite,  and  the  Old  Colony  and  Newport,  concerning, 
Graves  End  Branch,  Sti-eet,  charter  revived,  etc., 
Hopkinton  and  Milford  and  the  Hopkinton  Branch,  may  unite 
Lancaster,  incorporated,     .  .  .  .  . 

Lee  and  New  Haven,  charter  revived, 

"  "  town  of  Pittsfleld  may  hold  stock, 

Lexington    and    Arlington,  connection  with  B.  and  LoweU 
main  line,  ....... 

Lynn  and  Boston,  concerning,       .... 

Mansfield  and  Framingham,  may  lease  road,  etc., 
.    Massachusetts  Central,  concerning,  ... 

"  "       may  issue  bonds  and  mortgage  road 

reduce  capital,  and  divide  road  for  purposes  of  construe 
tion,  ....... 

Merrimack  Street,  in  Haverhill,  incoi'porated,    . 
Metropolitan,  may  cross   Boston  and    Albany  Railroad    in 
Brookiine  at  grade,  ..... 

Middlesex,  liability  for  repair  of  bridges, 
Middlesex,  and  the  Suburban,  may  unite, 
Mystic  River,  Boston  and  Lowell  may  purchase  road,  . 

"  "       time  extended  for  locating  and  constructing, 

Nashua  and.  Rochester,  Providence  and  "Worcester,  may  hold 

stock  of,     .      . 

"  "  Worcester    and    Nashua,    may    hold 

stock  of,     . 

New  Bedford  and  Fairhaven  Street,  incorporated, 

New  Bedford  and  Middleborough,  incorporated. 

New  Bedford  and  Taunton,  may  hold  street  railroad  stock, 

"  "         may  use   certain  road  and   hold 

stock,  .  .  .  .  .'  . 

New  Loudon  Northern,  and  the  Southbridge  and  Palmer,  con 
cerning,      ....... 

Newburyport  City,  charter  amended, 
Northampton  and  Amherst,  corporate  name, 
Northampton  and  Shelburne  Falls,  location  and  construction 
of  road,       ....... 

Northampton  and  "Williamsburg,  Street,  may  reduce  capital, 
Norwich  and  "Worcester,  State  claims  against,  payment  to  be 
enforced,    ....... 

Old  Colony  and  Newport,  concerning, 

"  "         may  purchase  Plymouth  and  Vine 

yard  Souud  road,    . 
"  "        may  use  Shawmut  road, 


Page 


180 
183 
192 
293 
186 
218 
142 
297 
306 

297 

237 

66 

143 


265 
232 

139 

223 

20 

12 


285 

67 

85,  307 

304 


304 

309 

260 
54 

86 
26 

327 
40,  41 

294 
303 


XXVlll 


INDEX. 


Page 


Kailkoad  Corporations — Concluded. 

Old  Colony  and  Newport,  may  use  New  Bedford  and  Middle 
borough  road,  etc., 
"  "         and  the  Granite,  concerning, 

Plymouth  and  Vineyard  Sound,  charter  revived, 
Providence  and  "Worcester,  may  hold  certain  railroad  stock, 

"  "  may  relocate  stations  in  Millbury 

Shawmut,  in  Boston,  incorporated, 
Sheffield,  charter  revived,  . 
South  Boston  Freight,  charter  revived. 
South  Shore,  concerning,    . 
Southbridge  and  Palmer,  incorporated, 

Stoneham  Branch,  may  sell  property  to  Boston  and  Lowell  Co. 
Suburban,  and  the  Middlesex,  may  unite, 
Taunton  Branch,  concerning,         .... 

Taunton  Street,  incorporated,       .... 

Troy  and  Boston,  concerning, 

"  "       State  claims  against  to  be  paid, 

Troy  and  Greenfield,  concerning,  . 
Union,  may  increase  capital, 

"      liability  for  repair  of  bridge, 
Vermont  and  Massachusetts,  allowance  to,  etc., 

"  "  may    build    road    and    increase 

capital,       ....... 

Ware  Elver,  concerning ;  towns  may  hold  stock  of, 
"         "       town  of  Phillipston  may  hold  stock  of, 
"         "       and  the  Southbridge  and  Palmer,  concerning. 
Weir  Branch,  motive  power  of,     . 

West  Amesbury  Branch,  location  and  construction ;  may  sell 
road,  ..... 

Weymouth  Branch  Freight,  incorporated, 
Worcester  and  Nashua,  may  construct  track,  hold  railroad 
stock,  etc.,  ..... 

Worcester  and  Shrewsbury,  Street,  incorporated, 
Kaili'oad  in  Rockport,  Abraham  Day  and  others  may  build, 
Railroad  Bridges  and  Bridge  Guards,  act  1869  concerning,  amended, 

"  "        over  Charles  and  Miller's  Rivers,  draws  in,  219,  306 

Railroad  Commissioners,  to  make  certain  inquiries  respecting  rail- 
roads,    ........  336,  343 

Railroad  Corporations,  returns  to  railroad  commissioners,     .  226,  296 

"  ."  rates  of  fare  and  freight;   State  may  take 

possession  of  any  road;  towns  may  hold  stock;  corporations 

may  guarantee  bonds  of  other  roads,  etc.,   . 

Railroad  Laws,  codification  and  indexing  provided  for, 

"       Trains  shall  carry  certain  tools  and  appliances 

Railroads  entering  Boston  at  north  side,  bridges,  terminal  facilities,  219,  306 

"         information  respecting  freights,  fares,  etc.,  required,         336,  343 

Real  Estate,  recording  of  attachment  of,  ....        189 


304 
293 
293 

285 

87 

303 

182 

186 

40,  41 

308 

111 

20 

74 

19 

186 

338 

185 

86 

221 

185 

194 
65 

187 
309 
193 

197 

40 

67 
174 
259 
196 


237 
341 
289 


INDEX. 


SXIX 


*                                                                                    .  Page 

Re-assessed  Taxes,  collection  of,             .....  302 

Records  of  the  town  of  Mendou,  relating  to,      ....  331 

Reed,  Catherine,  in  favor,  .......  331 

Reform  School,  State,  expenses  and  income  of,             ...  296 

Reform  and  Relief  Association,  New  Bedford  Women's,  concerning,  3 

Reformation,  Honse  of,  for  juvenile  offenders  in  Lawrence,    .            .  215 

Register  of  Probate  may  be  appointed  guardian  of  his  minor  child.  .  189 
Religious  Societies,  see  "  Societies." 

Replevin  Bonds,  sureties  in,          .....            .  228 

Report  on  Birds  of  New  England,  Samuels',  purchase  and  distribu- 
tion,      .........  335 

Reports  of  decisions  S.  J.  Court,  distribution, ....  325 

"           "                         "            certain  towns  to  be  supplied,         .  340 
Reports  to  Legislature,  commission  on  established,    .            .            .341 
Reports  of  Rainsford  Island  Hospital,  liquor  commissioner  and  ad- 
jutant-general, printing  of,    .            .            .            .            .            .  195 

Returns  of  Assessors,  additional,  required,       ....  57 

"       of  Corporations,  to  tax  commissioner,  relating  to,  .            .  94 

"        of  Railroad  Corporations  to  railroad  commissioners,  226,  296 

"       required  of  towns  voting  aid  to  railroads,      ...  48 

Roads  in  the  Commonwealth,  information  respecting,  required,        .  338 

Robinson,  James  T.,  acts  as  qualifying  commissioner,  confirmed,     .  187 

Rogers,  Josephine,  in  favor,         ......  339 

Rogers,  Julia  A.,  allowed  state  aid,         .            .            .            .            .  342 

Rollstone  Insurance  Company,  incorporated,     ....  84 

Rowe  and  Florida,  bridge  between,  change  of  location,          .            .  173 

Rowell,  Charles,  may  extend  wharf  in  Newburyport,  .            .            .  115 

Roxbury,  Grammar  School  in,  sale  of  estate  authorized,        .            .  216 

Ruggles,  Nathaniel,  in  favor,  for  medical  services,       .            .            .  339 

s. 

Sabbath  School  and  Publishing  Society,  Congregational,  of  Boston, 

name  changed,             .            .            .            .            .            .            .  194 

Sadler,  Sarah,  in  favor,      .......  331 

Safe  Deposit  and  Trust  Company,  "Worcester,  charter  amended,       .  23 
Sailors  in  late  war,  state  aid  to  continued ;  special  allowances,  when 

to  terminate,  ....  249,  298 

"                 "        settlement  of,            ....            .  300 

"                 "        Testimonials  to,  concerning,           .            .            .  345 

Sailors'  and  Soldiers'  Graves,  care  and  decoration  of,  by  towns,       .  113 

Saint  Crispin,  Knights  of,  Mass.  Grand  Lodge  incorporated, .            .  198 

Saint  Francis  De  Sales  Society  of  Charlestown,  incorporated,          .  129 

Saint  Paul's  Church  and  Parish,  in  Maiden,  concerning,         .            .  89 

Salaries  of  Assistant  Clerks  certain  courts,  established,         .            .  247 

"        of  Chaplain  and  Physician  of  State  Prison,  established,      .  182 

Salary  of  Auditor  of  Commonwealth,  increased,          .            .            .  295 

"      of  Cashier  in  treasury  department,  established,           .            .  231 

"       of  Commissioner  of  Savings  Banks,  established,        .           .  182 


XXX 


INDEX. 


Page 

Salary  of  District4-Attorney  of  Suffolk,  increased,     .            .            .  264 

"       of  Secretary  of  Commonwealth  increased,       .            .            .  295 

Sale  of  Bread,  G.  S.  ch.  49,  §  8  amended,  .....  302 

Sale  of  Intoxicating  Liquors,  act  1869  amended,  .  .  298,  300 

Sale  of  Milk  from  -vvhicli  cream  has  been  removed,  penalty,  .            .  229 

Sales  of  Watches,  frauds  in,  to  prevent,             ....  250 

Sale  of  personal  property,  conditional,  concerning,     .            .            .  189 

Sale  and  weighing  of  coal,  relating  to,  .            .            .            .            .  136 

Salem  Foundry  and  Machine  Shop,  incorporated,        ...  92 
Salem  Mechanic  Hall  Corporation,  may  increase  capital  and  estate,  75 
Salem  Turnpike,  portion  of  road  in  Chelsea,  control  of,         .            .  237 
Salisbury,  certain  meadows  in,  protection  from  overflow,      .           .  24 
Salisbury,  town  of,  may  hold  certain  railroad  stock,    .            .            .  210 
Salisbury  and  Amesbury,  towns  of,  to  unite  as  Merriraac,      .            .  99 
Samuels'  Report  on  Birds  of  New  England,  purchase  and  distribu- 
tion,      .........  335 

Sargent,  Amos  A.,  may  extend  wharf  in  Haverhill,      .            .            .  122 

Savings  Banks,  Commissioner  of,  salary  established,  .            .            .  182 

Savings  Banks  and  Institutions,  real  estate  of,            .           .            .  172 
Savings  Banks  and  Institutions  : 

Boston  Penny,  may  hold  additional  estate,         .            .            .  102 

Braintree,  incorporated,     ......  79 

City  Five  Cents,  in  Haverhill,  incorporated,       ...  93 

East  Bridgewater,  incorporated,  .....  45 

Emigrant,  in  Boston,  incorporated,          ....  183 

Eitchburg,  may  hold  real  estate,  .....  135 

Franklin,  in  Boston,  may  hold  real  estate,          ...  43 

Groton,  time  for  organizing  extended,    ....  232 

Mechanics,  in  Lowell,  may  hold  real  estate,       .            .            .  122 

North-End,  in  Boston,  incorporated,        ....  24 

Palmer,  incorporated,         ......  43 

Somerville,  incorporated,  ......  56 

South  Boston,  may  hold  additional  estate,          ...  43 

Suffolk,  in  Boston,  may  hold  additional  real  estate,       .            .  27 

Union,  in  Boston,  may  hold  additional  real  estate,        .            .  123 

Uxbridge,  incorporated,     ......  231 

Wales,  incorporated,           ......  102 

Waltham,  may  hold  real  estate,    ...  .  .  .83 

Ware,  may  hold  real  estate,           .....  45 

Watertown,  incorporated,  ......  123 

School,  Charlestowu  High,  issue  of  arms  to,    .            .            .            .  324 

"        Grammar,  in  easterly  part  of  Eoxbury,  sale  of  estate,           .  216 

"       Massachusetts  Nautical,  name  established,      .           .           .  264 

"                   "                   "          expenses  and  income,            .           .  296 
"                   "                   "          vessel  to  be  sold,        .            .            .307 

"        State  Primary,  at  Monson,  in  favor,       ....  325 

"        State  Reform  and  Industrial,  expenses  and  income,  .            .  296 

School  Committee  of  Lynn,  increased,  .....  96 


INDEX. 


XXXI 


Page 

School  District  System,  towns  may  re-establish,         .            .            .  127 

School  Fund,  Massachusetts,  distribution  of  income  provided  for,  39 

"            "      for  Indians,  distribution  of,          ...            .  255 

Schools  in  District  of  Marshpee,  aid  to,            ...            .            .  332 

"        of  Gay  Head,  in  favor,    ......  341 

"        Normal,  certain,  Board  of  Education  to  have  management,  77 

"              "            "         boarding-houses  provided  for,         .            .  321 

"        Public,  drawing  to  be  taught  in,            ...            .  183 

"        Superintendents  of,  salaries,  how  fixed,         . .            .            .  82 

Schools,  Superintendents  of,  towns  may  unite  in  electing,      .           .  121 
Schouler's  History  of  Massachusetts  in  the  Rebellion,  purchase  and 

distribution,      ........  342 

Sealing  of  Weights  and  Measures,  relating  to, .            .            .            .  145 

Search- Warrant,  forfeiture  of  articles  seized  on  proceedings,            .  181 
Secretary  Board  of  Agriculture  to  obtain  information  respecting 

roads,     .........  338 

Secretary  of  Commonwealth,  salary  increased,             .            .            .  295 

Seminary,  Wellesley  Female,  in  Needhara,  incorporated,        .            .  64 
Sentences  for  five  years'  imprisonment  may  be  executed  in  jail, 

state  prison  or  house  of  correction,             ....  137 

Sergeant-at-arms,  allowance  to,  .            .            .           .            .            .  345 

Service  of  Civil  Process  by  Constables,  relating  to,    .            .            .  97 

Settlement  of  paupers,  relating  to,          .....  300 

Sewer  Scrip,  city  of  Worcester  may  issue  additional, .            .            .  101 

Shad  in  Connecticut  River,  time  for  taking,      ....  286 

Shaw,  Mary  B.,  estate  of,  deeds  executed  by  administrator  confirmed,  334 

Shawmut  Railroad  Company,  incorporated,       ....  303 

Sheffield  Railroad  Company,  charter  revived,    ....  182 

Shell-Fish  in  Wellfleet,  for  protection  of,           .            .            .            121,  252 
Ship  Canal  Company,  Cape  Cod,  incorporated ;  aid  from  U.  S.  re- 
quested,            .            .            .            .            .            .            .            .31, 325 

Ships,  taxation  of,  owned  by  copartnership,  how  assessed,    .            .  242 

Show-Bills,  penalty  for  wilful  destruction  of,    .            .            .            .  188 

Shrewsbury,  town  of,  may  hold  street  railway  stock,  .            .            .  174 

Sidewallis  in  city  of  Chelsea,  concerning,          ....  137 

"          Districts  for  maintenance  of,  establishment  authorized,  .  244 
Sinking  Fund,  Bounty,  relating  to,          .            .            .            .            .70 

"            "      War  Loan,  proceeds  sales  of  back  bay  lands  trans- 
ferred to,           .......            .  323 

Slaughtering  and  Melting  Association,  Butchers',  incorporated,       .  282 

Snelling,  Samuel  G.,  may  extend  wharf  on  Neponset  River,    .            .  154 

Sixth  Congregational  Society  of  Springfield,  name  changed,             .  116 
Societies  : 

Augustinian,  of  Lawrence,  incorporated,            .           .            .  108 
Benevolent  Fraternity  of  Churches,  Boston,  organization  le- 
galized,     ........  3 

Boston  Numismatic,  incorporated,           ....  76 

Columbus  Avenue  Congregational,  Boston,  name  established,  11 


58 


XXXll 


INDEX. 


Sabbath     School    and     Publishing,    name 


Societies— Concluded 
Congregational 
changed,     ...... 

Essex  Street  Congregational,  Boston,  name  changed, 
First  Unitarian  Parish  in  Natick,  name  established, 
Hibernian  Friendly,  of  Marblehead,  incorporated, 
Lawrence  Irish  Benevolent,  incorporated, 
Massachusetts,  for  Promoting  Christian  Knowledge,  fiinds  of, 
Methodist  Episcopal  Church,  at  Graniteville,  organization  le 
galized,       ....... 

New  England  Moral  Reform,  in  favor, 
Plymouth  County  Agricultural,  name  established, 
Protestant  Episcopal  Societies  in  Maiden,  concerning. 
Saint  Francis  De  Sales,  of  Charlestown,  incorporated. 
Saint  Paul's  Church  and  Parish  in  Maiden,  name  established 
etc.,  ....... 

Sixth  Congregational,  of  Springfield,  name  changed  to  Third 

Congregational  Society  of  Chicopee,    . 
South  Parish,  in  Natick,  name  changed,  . 
Young  Men's  Catholic  Temperance,  of  Salem,  incorporated, 
Societies,  Agricultural,  amount  they  may  receive  from  state ;  inves 
ligations  to  be  made,  ...... 

Soldiers  in  late  war,  settlement  of,  ...  . 

"  "         testimonials  to,  concerning, 

Soldiers,  disabled,  commissioners  to  provide  for  care  of, 
Soldiers  and  their  families,  state  aid  to,  continued, 

"  "  "  "  "      special  allowances  of, 

«  "  "        temporary  relief  of,  .  . 

Soldiers'  Employment  Bureau,  in  favor. 

Soldiers'  Graves,  care  and  decoration  of,  towns  may  vote  money  for 
Somerville,  town  of,  may  raise  further  sum  for  supply  of  water, 

"  "      to  maintain  certain  hydrants, 

Somerville  Savings  Bank,  incorporated. 
South  Boston  Freight  Railway  Companj'',  charter  revived, 
South  Boston  Savings  Bank,  may  hold  additional  estate, 
South  of  Europe  Steamship  Company,  time  for  organizing,  etc., 
South  Hadley  and  Holyoke,  free  bridge  between,         .       118,  175, 
South  Parish  in  Natick,  name  changed,  .... 

South  Shore  Railroad  Company,  concerning, 

Southbridge,  town  of,  may  hold  certain  railroad  stock, 

Southbridge  Mutual  Fire  Insurance  Company,  incorporated, 

Southbridge  and  Palmer  Railroad  Company,  incorporated,     . 

Southern  Berkshire  District,  Court  of,  established. 

South  worth  Cotton  Manfacturing  Company,  in  Quincy,  incorporated 

Special  allowances  of  State  aid,  when  to  terminate 

Special  Messages  of  Governor  to  Legislature,  . 

Special  Laws,  certain,  for  publication  of, 

Spot  Pond  Water  Company,  relating  to, 


Page 


194 
11 

175 
63 

83 
115 

179 
335 
185 
89 
129 

89 

115 
175 

9-4 

188,  328 
300 
345 
385 
249 
298 
339 
334 
113 

55 
145 

56 
186 

43 

116 

198,  295 

175 

40,  41 

309 

62 
308 
133 
8,  250 
298 
377 
827 
103 


INDEX. 


XXXlll 


Springfield  Aqueduct  Company,  additional  to  act  incorporating, 
"  Court  House  at,  erection  or  enlai'gement  authorized, 

"  Gas  Light  Company,  may  increase  capital  and  estate 

"  Home  for  friendless  women  and  children,  estate  of, 

«  "  "  «  "         in  favor, 

"         certain  streets  in,  location  and  change  of  grade  legalized 
Staples,  Sylvanus  N.,  may  extend  wharf  in  Taunton,    . 
State  Aid  to  soldiers  and  their  families,  continued, 

"      "    special  allowances,  when  to  terminate, 

State  Almshouse  at  Monson,  in  favor ;  purchase  of  land  for,  . 

"  "  at  Tewksbury,  hospital  at,  not  to  be  erected 

State  Almshouses,  sentence  of  certain  inmates  to  State  Workhouse, 

"    Board  of  Charities,  visiting  agency,  .  .  .  . 

"  "       Health,  supervision  over  slaughtering  establishments, 

"  "  "       to  report  number  of  minors  in  certain  manu- 

factories, ........ 

State  House,  for  payment  of  labor  performed  on,  by  certain  persons. 
State  Institutions,  certain,  expenses  and  income  of, 
"    Library,  duplicate  volumes  in,  concerning, 
"    Lunatic  Hospital  to  be  erected  at  Worcester, 
"    Lunatic  Hospitals,  price  of  board  at, 
"    Map,  concerning,      .... 

"    Normal  Schools,  certain,  boarding-houses  for, 
"    Primary  School  at  Monson,  in  favor ;  purchase  of  land  for, 
"    Prison,  chaplain  and  physician  of,  duty  and  salary, 
"         "       dwelling-houses  for  officers  of,  completion, 
"    Tax  of  $2,500,000  assessed  on  cities  and  towns,  . 
"    Visiting  Agency  of  Board  of  Charities,  relating  to, 
«'    Workhouse  at  Bridgewater,  act  establishing,  amended, 
"  "  "  sentences  to, 

"  "  "  superintendent  of,  in  favor. 

Statistics,  Criminal,  publication  of,  ...  . 

"  of  Labor,  Bureau  of,  employment  of  assistants. 

Steamboat  Company,  town  of  Provincetown  may  hold  stock  in. 
Steamship  Company,  South  of  Europe,  time  for  organizing,  etc., 
Stearns,  Albert  T.,  may  build  and  extend  wharves  in  Boston, 
Stenographic  reports  of  evidence  in  Suffolk  Countj'-  provided  for. 
Stock  of  corporations  organized  under  U.  S.  laws,  attachment  of. 
Stone  or  brick  as  material  for  buildings,  towns  may  prescribe, 
Stoneham  Branch  Railroad  Company  may  sell  road  to  B.  and  Lowell 

Co., 

Stony  Brook,  Boston  and  West  Roxbury  may  improve, 
Street  Lamps,  Districts  for  maintenance  of,  authorized, 
Steeet  Railway  Corporations  : 

Albany  Street  Freight,  in  Boston,  may  reduce  capital,  . 
Boston  and  Chelsea,  concerning,   .... 
Cambridge,  liability  for  repair  of  bridge, 
Graves  End  Branch,  charter  revived,  etc., 


Page 

91 
111 

84 
256 
323 
196 

42 
249 
298 
825 

44 
209 
261 
284 

334 
337 
296 

97 
177 

77 
126 
321 
325 
182 
322 
267 
261 

20 
209 
338 
195 
341 
139 
116 
266 
229 
211 
291 

111 
147 

244 

26 

237 
221 
186 


XXXIV 


INDEX. 


Street  Eailway  Corpouations— Concluded. 
Lynn  and  Boston,  concerning, 
Merrimack,  incorporated,    .... 

Metropolitan,  may  cross  Boston  and  Albany  road  in  Brook 
line  at  grade,         ..... 

Middlesex,  liability  for  repair  of  bridges, 
Middlesex,  and  the  Suburban,  may  unite, 
New  Bedford  and  Fairhaven,  incorporated, 
Northampton  and  Williamsburg,  may  reduce  capital. 
South  Boston  Freight,  charter  revived,   . 
Suburban,  and  the  Middlesex,  may  unite, 
Taunton,  incorporated,        .... 

Union,  liability  for  repair  of  bridge, 

"      may  increase  capital, 
Worcester  and  Shrevrsbury,  incorporated, 
Street  Eailway  Corporations,  returns  of. 
Streets,  Commissioners  of,  in  Boston,  board  established, 
Streets,  moving  of  buildings  through,  when  allowed,  . 
Streets  in  12th  and  16th  wards  of  Boston,  laying  out  of, 

"       in  Springfield,  certain,  location  and  change  of  grade,  legalized, 

"       in  Worcester,  laying  out  and  improving  of,  betterment  of 

estates,  ......... 

Streets  and  Highways,  powers  of  county  commissioners  in  making, 
Sturbridge,  town  of,  may  hold  certain  railroad  stock,  . 
Suburban  and  Middlesex  Kailroad  Companies,  may  unite. 
Sugar  Refinery,  Adams,  in  Boston,  incorporated, 

"  "         Jasper,  incorporated,      .... 

Suffolk  District  Attorney,  salary  established,  etc., 
Suffolk  Savings  Bank,  in  Boston,  real  estate  of, 
Superintendent  of  State  Workhouse  at  Bridgewater,  in  favor, 
Superintendents  of  Schools,  salaries,  how  fixed, 

"  "        towns  may  unite  in  election  of,  . 

Superior  Court,  order  of  criminal  trials  in,         . 
Superior  Court,  for  Essex  County,  October  term  changed, 

"  "       for  Suffolk  County,  stenographic  reports  of  evidence 

Supreme  Judicial  Court,  may  issue  injunction  in  vacation, 
"  "  "      law  and  jury  term  at  Salem,  . 

"  "  "      Reports  of  decisions,  distribution,    . 

**  "  "  "  "  certain  towns  to  be 

supplied,  ...... 

Sureties  in  Replevin  Bonds,  concerning. 

Surveying,  practice  of,  regulated ;   establishment  of  true  meridian 

lines,      ......... 


Page 

237 
232 

139 

223 

20 

85,  307 

26 

186 

20 

19 

221 

86 

174 

296 

247 

230 

61 

196 

108 
188 
309 

20 
191 

78 
264 

27 
338 

82 
121 
210 
231 
229 

82 
256 
325 

340 
228 

205 


T. 

Taunton,  city  of,  in  favor,  for  armory  rent,        ....  324 

Taunton  Branch  Railroad  Company,  concerning,         .            .            .  74 

Taunton  Female  Charitable  Association,  certain  powers  granted,    .  128 


INDEX. 


XXXV 


Taunton  Insurance  Company,  incorporated, 
Taunton  Street  Railway  Company,  incorporated, 
Tax,  State,  of  $2,500,000  assessed  on  cities  and  towns, 
Tax  Commissioner,  returns  of  certain  corporations  to. 
Taxation  of  Ships  or  Vessels,  relating  to, 
Taxes  to  the  several  counties,  granted, . 
Taxes,  re-assessed,  collection  of,  ... 

Temperance  Society,  Young  Men's  Catholic,  of  Salem,  incorporated 
Templeton,  town  of,  may  hold  certain  railroad  stock, 
Temporary  Asylum  for  discharged  female  prisoners,  in  favor, 
Tenants  for  life  of  lands,  rights  of,  in  respect  to  fixtures, 
Testimonials  to  Soldiers  and  Sailors,  relating  to, 
Thaxter,  Seth,  estate  of,  sale  authorized, 
Third  Congregational  Society  of  Chicopee,  name  established, 
Tisbury,  town  of,  county  commissioners  may  build  bridge  in. 
Town  of  Amesbury  united  to  Salisbury,  as  Merrimac, 
"    Everett,  incorporated,    . 
"    Gay  Head,  incorporated, 
"    Mashpee,  incorporated,  . 
"    Merrimac,  incorporated, 
"    Norfolk  incorporated,     • 
Town  Lines,  Brookline,  part  annexed  to  Boston, 
«        "       Lynnfleld  and  Wakefield,  defined, . 
"        "       Princeton,  part  of  Westminster  annexed  to, 
"        "       West  Roxbury  and  Boston,  changed, 
"        "       Westminster,  part  annexed  to  Princeton, 
Town  Ways,  laying  out  of,  G.  S.  amended, 
Towns,  assessors  of,  additional  returns  required  from, 

"       may  appropriate  money  for  repair  or  decoration  of  soldiers 
graves,    ....... 

"       may  authorize  public  watering  places  and  pay  for  same, 
"       may  establish  districts   for  maintenance  street  lamps,  li 
braries,  etc.,       ...... 

*       may  reestablish  school  district  system, 

"       may  forbid  erection  of  combustible  buildings, 

"       may  purchase  water-rights,         .... 

"       may  unite  in  electing  superintendents  of  schools, 
"       to  appoint  weighers  of  coal,        .... 

Towns,  certain,  to  be  supplied  with  laws,  standard  weights  and 
measures,  etc.,  ..... 

Towns  voting  aid  to  railroad  companies,  to  certify  fact. 

Traders'  and  Mechanics'  Insurance  Company,  of  Lowell,  guarantee 

capital  increased,  may  hold  real  estate, 
Treasui-er  may  borrow  money  in  anticipation  of  revenue, 
Treasurers  of  Indian  tribes,  accounts  to  be  closed. 
Treasury  Department,  salary  of  cashier  established,    . 
Tremont  Improvement  Company  in  Boston,  concerning. 
Trials,  Criminal,  order  of,  in  Superior  Court,    . 


Page 

63 

19 

267 

94 

242 

328 

302 

94 

55 

322 

118 

345 

339 

115 

47 

99 

50 

140 

213 

99 

28 

290 

98 

128 

95 

128 

56, 122 

57 

113 

82 

244 
127 
291 
68 
121 
136 

340 
48 

173 
321 
344 
231 
65 
210 


XXXVl 


INDEX. 


Troy  and  Boston  Kailroad  Company,  concerning, 

«'  "  "  "  state  claims  against, 

Troy  and  Greenfield  Kailroad,  concerning, 
Trust  Company,  Northampton,  incorporated, 
«  "         Worcester,  charter  amended, 

Trustee  Process,  G.  S.  142,  §  1,  amended, 
Trustees,  accounts  of,  relating  to, 
Trustees,  Oaths  of,  in  probate  proceedings. 
Trustees  under  act  1861  concerning  provisions  for  widows. 
Trustees  of  Grammar  School  in  Roxbury  may  sell  estate, 

"        of  Lunatic  Hospital  at  "Worcester,  to  erect  new  hospital 
"        of  Methodist  Episcopal  Church  at  Graniteville,  organiza 

tion  legalized, 
"        of  Museum  of  Fine  Arts,  incorporated, 
Turner's  Falls  Bridge  Company,  incorporated, . 
Turnpike,  Hingham  and  Quincy,  commissioners  on — appointment 
duties,  ...... 

"  Salem,  portion  of  road  in  Chelsea,  control  of, 

u. 

Union  Boat  Club  Association,  in  Boston,  incorporated. 
Union  Institution  for  Savings  in  Boston,  real  estate,  . 
Union  Railway  Company,  liability  for  repair  of  bridge, 

"  "  "  may  increase  capital, 

Unitarian  Parish  in  Natick,  First,  name  established,    . 
United  States  may  purchase  land  in  Boston  for  post-office  and  sub 
treasury  site,      .  .  . 

"  "      sites  of  Forts  Andrew  and  Standish  ceded  to,  plan  to 

be  filed, .  .... 

Uxbridge  Savings  Bank,  incorporated,  . 


Page 
186 
338 
185 
234 

23 
126 
285 

95 
189 
216 
177 

179 

4 

257 

190 
237 


46 
123 
221 

86 
175 

240 

303 
231 


Vermont  and  Massachusetts  Railroad  Company,  allowance  to,  etc.,  185 
"              "                               "                "         may  build  road  and 

increase  capital,          .......  194 

Vessel  in  service  of  Nautical  School  to  be  sold,           .            .            .  307 

Vessels,  taxation  of,  owned  by  copartnership,  how  assessed,            .  242 

Vineyard  Grove  Company,  in  Edgartown,  incorporated,         .            .  78 

Visiting  Agency  of  Board  of  State  Charities,  relating  to,      .            .  261 

w. 

Wakefield  and  Lynnfleld,  line  between,  defined,           ...  98 

Wakefield  Marine  and  Fire  Insurance  Company,  incorporated,          .  46 

Wales,  town  of,  may  hold  certain  railroad  stock,          .           .            .  309 

Wales  Savings  Bank,  incorporated,        .....  102 

Walpole,  part  of,  incorporated  into  town  of  Norfolk,    ...  28 

Waltham  Savings  Bank,  may  hold  real  estate,  ....  83 


INDEX. 


XXXVll 


Page 
War  Loan  Sinkiug  Fund,  proceeds  sales  of  back  bay  lands  trans- 
ferred to,           ........  823 

Ware  Kiver  Railroad  Company,  concerning;  towns  may  hold  stock  of,  55,  187 
"         "  "  "  may  use  Southbridge  and  Palmer 

road,      .........  309 

Ware  Savings  Bank,  may  hold  real  estate,         ....  45 

Warren,  G.  Washington,  administrator,  deeds  by,  confirmed,            .  334 
Wai'i'en  Bridge,  maintenance  of :  draws  in,       .            .            .            222,306 

Washington,  Massachusetts  Agency  at,  for  closing,    ...  81 

Washington  Bank,  charter  revived  for  conveyance  of  estate,             .  38 

Washiugtonian  Home,  in  favor,    ......  329 

Watch  Company,  American,  may  increase  capital,       ...  25 

Watches,  frauds  in  sale  of,  to  prevent,    .....  250 

Watchmen,  district,  establishment  authorized,              .            .            .  244 

Water,  supply  of,  for  cities  and  towns,  relating  to,      .           .            .  68 

"      supply  for  city  of  Charlestown,  additional,       .            .            .  143 
"            "               "         Lowell,  act  1869  amended,    .            .            .232 

"           "               "          Springfield,  additional  act,    ...  91 

"      supply  for  town  of  Deerfleld,       .....  150 

"            "               "          Fitchburg,     .....  70 

"            "               "           Greenfield,     .....  150 

"            "            towns  of  Maiden,  Medford  and  Melrose,    .            .  103 

"  "  town  of  Somerville,  additional  act,  .  .  .55 

Water  Company,  Fitchburg,  incorporated,         ....  70 

"  "         Spot  Pond,  purchase  of  property  by  certain  towns 

confirmed,         .            .            .            .            .            .            .            .  103 

Water  Meter  Company,  American,  in  Boston,  incorporated,  .            .  92 

Water  Power  Company,  Boston,  may  inci'ease  real  estate,     .            .  292 

Water-rights,  cities  and  towns  may  purchase,  ....  68 

Water  Scrip,  city  of  Worcester  may  issue  additional,  .            .            .  101 

Watering  Places  in  Towns,  public,  maintenance  of,      .            .            .  82 

Watertown  Savings  Bank,  incorporated,            ....  123 

Webster  Fire  Insurance  Company,  in  Boston,  incorporated,  .            .  246 

Weighing  of  Coal  relating  to,       .....            .  136 

Weights  and  Measures,  sealing  of,           ....            .  145 

"                      "          standard,  certain  towns  to  be  supplied,         .  340 

Weir  Branch  Railroad  Company,  motive  power  of,       .            .            .  193 

Wellesley  Female  Seminary  in  Needham,  incorporated,          .            .  64 
Wellfleet,  town  of,  protection  of  shell-fish  in,    .            .            .            121,  252 

Wenham,  town  of,  proceedings  at  annual  meeting  legalized,  .            .  77 
West  Amesbury  Branch  Railroad,  location  and  construction,  sale  of 

road,       .........  197 

West  Boston  Bridge,  maintenance  of,  draws  in,  .  .  220,306 

West  Roxbury  and  Boston,  line  between  changed,        ...  95 

"                          "         may  improve  Stony  Brook,           .           .  147 

West  Springfield  and  Chicopee,  bridge  between,  to  become  free,       .  175 

Westminster,  town  of,  part  annexed  to  Princeton,       .            .            .  128 

Weston,  George  M.,  claim  of,  to  be  investigated,         .           .           .  331 


XXXVIU 


INDEX. 


217 


Weymouth  Branch  Freight  Railroad  Company,  incorporated, 
"  Iron  Company,  may  hold  certain  railroad  stoclj,    . 

Wharf  in  Boston,  Albert  R.  and  Seth  Whittier  may  build, 

"  "        East  Boston  Dry  Dock  Company  may  extend, 

"  "        John  W.  Leatherbee  may  build, 

"  "        Joseph  F.  Paul  may  build, 

"  "        Samuel  G.  Snelling  may  extend, 

"      in  Danvers,  Cyrus  T.  Batchelder  may  extend,   . 
"      in  Dennis,  Daniel  N.  Kelly  may  build, 

"      in  Fall  River,  Pocasset  Manufacturing  Company  may  build, 
"      in  Haverhill,  Amos  A.  Sargent  may  extend, 
"      in  Newburyport,  Charles  Rowell  may  extend,   . 
"      in  Taunton,  S.  N.  Staples  and  W.  H.  Phillips  may  extend, 
"      in  Wareham,  Franconia  Iron  and  Steel  Company  may  build, 
"      in  Welllleet,  Richard  R.  Freeman  and  others  may  build, 
"      in  Weymouth,  Thomas  J.  Dunbar  may  build,     . 
"      Company,  Nickerson's,  in  Boston,  incorporated,  . 

"  "         Oak  Bluffs,  in  Edgartown,  granted  certain  powers 

Wharves  in  Boston,  Albert  T.  Stearns  may  build  and  extend, 

"  "         Hinkley  &  Williams   Works  and  others  may 

build,         ..... 

"  Ipswich,  J.  H.  Cogswell  and  R.  T.  Dodge  may  extend, 

Whittier,  Albert  R.  and  Seth,  may  build  wharf  in  Boston, 
Williams,  Jarvis,  and  others,  may  build  wharves  in  Boston,   . 
Winchendon,  town  of,  may  hold  certain  railroad  stock, 
Winthrop,  George  E.,  guardian  of,  may  execute  deed  to  Lucy  E 
Jewett,  ........ 

Witness  Fees,  certain,  established,  .... 

"  "     regulation  of,         ....  . 

Witnesses,  relating  to,       .....  . 

Woman's  Journal,  proprietors  of,  incorporated, 
Women,  advisory  board  of,  overseers  of  prisons. 
Women,  Friendless,  Springfield  Home  for,  estate, 
"  "  "  "        "    in  favor,    . 

"        New  England  Hospital  for,  in  favor,    . 
Women's  Reform  and  Relief  Association,  New  Bedford,    charter 
amended,  ....... 

Woodcock,  time  for  taking,  ..... 

Wooden  Buildings  in  16th  ward,  Boston,  erection  regulated, 
Woolen  Manufacturing  Company,  Neptune,  location  of, 
Worcester,  City  of,  laying  out  and  improving  of  streets  in,  better- 
ment of  estates,     .... 

"  "     may  issue  additional  water  and  sewer  scrip, 

Worcester  County  Free  Institute  of  Industrial  Science,  concerning 
issue  of  arms  to,  .....  . 

Worcester  Lyceum  and  Library  Association,  charter  amended, 

Worcester  and  Nashua  Railroad  Company,  may  build  additional 

track,  etc.,        ........ 


Page 

40 

41 

,  310 

175 

122 

112 

154 

78 

117 

73 

122 

115 

42 

39 

73 

74 

44 

102 

266 

47 

140 

217,  310 

47 

65 

337 
97 
239 
301 
5 
288 
256 
323 
324 

3 

224 

81 

251 

108 
101 

,334 
44 


38 


INDEX. 


XXXIX 


Worcester  Safe  Deposit  and  Trust  Company,  charter  amended, 
Worcester  and  Shrewsbury  Street  Railway  Company,  incorporated 
Worcester  Times  Printing  and  Publishing  Company,  incorporated 
Workhouse,  State,  at  Bridgewater,  act  establishing  amended, 

"  "  "  sentence  of  certain  persons  to, 

"  "  "  in  favor  superintendent  of, 

Wrentham,  part  of,  incorporated  into  town  of  Norfolk, 


Page 
23 

174 

37 

20 

209 

338 

28 


Young  Men's  Catholic  Temperance  Society  of  Salem,  incorporated,         94 
Young  Men's  Christian  Association,  of  Lynn,  incorporated,  ,  .         93 


59 


^