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

*.«.!. J 



^•^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 nri prn* 

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 
educatio